Are the Boston Red Sox facing possible litigation over their World Series beards?
* Chief Judge Philip P. Simon of the Northern District of Indiana has ruled that being a federal judge is better than being an equine semen collector. Agreed. [The Kentucky Trial Court Review]
* The Supreme Court lets tradition trump technology. Because if the Founders wanted cameras in the courtroom they would have written it into the Constitution. [Washington Post]
* NBC is developing a TV show based on Shon Hopwood’s memoir Law Man (affiliate link). Could NBC have a watchable drama? [Variety]
* Congress keeps telling us the D.C. Circuit is not overworked. They’re wrong. [People for the American Way]
* A poem about the lawyer as shark. Wasn’t this a whole TV show once? [Poetic Justice]
* Legal education needs to adapt to reflect the fact that 50 percent of law students don’t intend to use their law degrees to work in traditional legal fields. In other words, legal education needs to adapt to people too stupid to figure out the only jobs that require a law degree are those in traditional legal fields. [New York Law Journal]
* Harvard is hosting an event on the “business of college sports.” You can learn all about the business of college sports from this video right here. [Sports Agent Blog]
* The judge who forced a family to change their baby’s name from “Messiah” is getting disciplined. [The Volokh Conspiracy]
* Flash mobs are disturbing enough without being composed entirely of lawyers. [Daily Report Online]
* Elie and Staci appeared on CNBC’s Power Lunch today to discuss the Orrick and Pillsbury merger talks and the Clifford Chance memo. Video embedded after the jump… [CNBC]
Quickly locating responsive information is the single best way to reduce legal/e-discovery costs. A recent survey of nearly 150 in-house legal/IT professionals identified “locating responsive information” as the No. 1 e-discovery challenge.
* Hot on the heels of news about Pillsbury’s talks with Orrick, we’ve got the scoop on yet another possible law firm merger. Patton Boggs has the urge to merge, and Locke Lord seems pretty receptive. [Reuters]
* Three people who were optimistic about law school graduated with three very different results. One has a job, one is unemployed, and one failed the bar. Sadly, this seems pretty standard. [National Law Journal]
* Lat’s going to be on vacation this week (lucky him), but while he’s gone you can check out his review of a new novel set in a law firm, The Partner Track (affiliate link) by Helen Wan. Enjoy! [Wall Street Journal]
* A judge denied the NCAA’s motion to dismiss Ed O’Bannon’s antitrust lawsuit, noting everyone could “suck her dicta” concerning the Supreme Court’s notion that players cannot be compensated. [ESPN]
* Jodi Arias wants to fire Kirk Nurmi, her lead attorney, claiming in a 12-page handwritten motion that he has an “utter poverty of people skills.” Her words hurt as much as her stab wounds. [Arizona Republic]
* Law firm Halloween party advice. I disagree with some of this — my “Sexy John Marshall” costume was always a hit. [Greedy Associates / FindLaw]
* The Supreme Court is expected to review a 10th Circuit decision holding that corporations are people and can exercise religious rights. Hopefully the Supreme Court stops this madness before my cable company has the right to bear arms. [Constitutional Accountability Center]
* Governor Chris Christie has dropped his appeal of the New Jersey court decision authorizing same-sex marriage. He finally worked out that his own homophobia wasn’t worth being on the wrong side of 61 percent of Jersey voters. [Politico]
* Let’s go get some Molly! [Law and More]
* California is tightening up its Workers’ Comp rules for former professional athletes. From now on, injured ex-jocks need to prove a more significant tie to the state to collect compensation. This presents a problem for a lot of former football players who now have to admit they played for the Raiders. [The Legal Blitz]
* Judge Smith of the New York Court of Appeals gets a scathing open letter. It’s fun when lawyers go “Flame On!” toward judges they might eventually be in front of. [New York Personal Injury Law Blog]
* Governor Rick Snyder is asking a judge to drop her request to see unredacted copies of internal emails about the search for the Detroit emergency manager. Because nothing seemed sketchy about employing a law that had been specifically repealed by Michigan voters to overturn the democratically elected leadership of a major metropolis to install a partner from a firm that just so happens to get chosen as bankruptcy counsel, earning a ton of fees from the whole affair. Nothing at all. [Detroit News]
* Guy sues Apple because he hates iOS 7. Not the dumbest suit ever brought against Apple. [BGR]
* Entertainment lawyer Harry M. Brittenham moonlights as the author of graphic novels. A lawyer writing comic books may sound like a guy living in his mom’s basement, but he’s actually married to Heather Thomas from The Fall Guy. [New York Times]
* Not everyone thinks law reviews are awful. [The Volokh Conspiracy]
Because lawyers need some appreciation around here.
* Referees go on a power trip and get arrested. [Legal Juice]
* Lawyers enjoy LinkedIn. They may not like it as much if these allegations are true. [IT-Lex]
* A New York lawyer is using Twitter to complain about Obamacare. This is what happens when there aren’t enough billable hours to go around. [New York Post]
* TSA lets 9-year-old through without a ticket or adult help. Our security is top-notch in this country. [Lowering the Bar]
* New York attorney Bradley Dizik is the working to save Detroit’s Masonic temple from its financial woes. How screwed is Detroit? Even the international Freemason conspiracy can’t help. [Detroit News]
* Interested in national security — and getting CLE credit? [Lawfare]
* A Georgetown Law student was killed over the weekend. On a personal note, I knew Mark and he was truly great guy and my thoughts go out to his family and friends. [Washington Post]
Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule today. We will be back in full force tomorrow.
* Justice stops for no one, not even a broken Congress. With the end of days approaching quickly for federal courts in terms of funding (or the lack thereof), many judges are lashing out and declaring all their employees essential. [National Law Journal]
* Legal expenses can be especially “painful,” even for the biggest of banks, but sadist firms like Sullivan & Cromwell, Paul Weiss, and WilmerHale are really getting their rocks off on Jamie Dimon’s suffering. [DealBook / New York Times]
* DLA Piper’s future’s so bright it’s got to wear shades — and appoint a new co-managing partner in New York City, its largest office. Congratulations to Richard Hans, you’ve co-made it! [New York Law Journal]
* “It’s not just about me.” Jim Tanner, a Williams & Connolly partner who represents Jeremy Lin, is leaving the firm to start his own sports management business, and he’s taking people with him. [Bloomberg]
* “I have no apologies to make about anything I did.” Steven Donziger of Chevron/Ecuador infamy will be defending himself in court this week in what’s being called a legal cage match. [Wall Street Journal]
* “Touro is asking a judge to declare the school a diploma mill.” Irony alert: Touro wants Novus University Law School, a school supposedly conferring “worthless law degrees,” to be stopped. [New York Post]
* If you think SCOTUS abused its discretion in the early abortion cases, you’re going to love this book (affiliate link), a “cautionary tale” about consequences of decisions like Roe v. Wade. [Wall Street Journal]
What is the long train of e-discovery? It is powered by the relentless engines of technological advancement, surging societal and economic complexity, and the concepts of civil justice due process.
The e-discovery space seems surreal. It is a huge business for everyone but the consumers of legal services—namely, companies. For them it is just a massive, costly pain.
Sometimes the smartest thing for a politician to do is not to write back.
When a client goes rogue in the media, most lawyers would back him. This one calls him out.
The incredible story of a lawyer who made it out of the profession to the top of heap as a hockey coach.
* According to Altman Weil, law firm merger mania is on pace for record highs as firms desperately attempt to stave off financial problems by gobbling up smaller firms’ clients. [Am Law Daily]
* The NCAA better watch its back: Jeffrey Kessler, the Winston & Strawn partner who helped bring free agency to the NFL, wants in on the potential case for unpaid college athletes. [Bloomberg]
* Lawyers doing regulatory work are very afraid that the shutdown will decimate their fourth quarter billables because “[t]he longer it goes, the more problematic it will be.” Yay government. [Reuters]
* GrayRobinson partner Philippe Devé is in need of a bone marrow transplant, and his firm is using its social media presence to crowdsource a donor. Will you lend a helping hand? [Daily Business Review]
* UpCounsel has successfully raised $1.5 million in funding to beef up its international patent practice, proving the point that it costs a pretty penny to protect clients from the world’s patent trolls. [TechCrunch]
* Law schools in New York State are feeling the pain of the drop in applications, and some are now willing admit that their graduates had to start “cannibalizing each other” in the job market. [New York Law Journal]
* But really, so what if applications are down? Lots of law schools consider themselves lucky to be keeping the lights on with the assistance of generous alumni donations in the millions. [National Law Journal]
* Another day, another “diploma mill.” Sorry to disappoint you, law students and alumni, but Charleston School of Law is moving forward with its plans to sell out to the InfiLaw System. [Post and Courier]
* Who’s bad? Not AEG Live. A jury made up of people unable to answer yes or no questions during the reading of the verdict found that the concert promoter wasn’t liable in Michael Jackson’s death. [CNN]
2nd Circuit, Bankruptcy, Bernie Madoff, Biglaw, Crime, D.C. Circuit, Dewey & LeBoeuf, Federal Judges, Football, Morning Docket, Partner Issues, Real Estate, Sandra Day O'Connor, Sports, Ted Olson, Television, Trials, Video games
* Sri Srinivasan was sworn in as a member of the D.C. Circuit by Justice Sandra Day O’Connor, who called him “fair, faultless and fabulous.” The man must have great shoes. [Washington Post]
* Things aren’t going very well for Steven Donziger in the Chevron / Ecuador case now, but then again, they never are. The Second Circuit denied his bid to oust the judge on the case. [Bloomberg]
* Dewey know how much this failed firm’s ex-landlord wants from 450 of its former partners? Somewhere in the ballpark of $1.6 million to $45.45 million, so it could be painful. [Am Law Daily]
* Kilpatrick Townsend & Stockton has already named a new chairman. Congrats to J. Henry Walker IV, a man whose name alone makes it sound like he should probably leading something. [Daily Report]
* Time is running out for prosecutors to bring charges against those connected to Bernie Madoff’s Ponzi scheme, but it looks like his niece, a Fordham Law grad, is in their sights. [DealBook / New York Times]
* The series finale of Breaking Bad airs on Sunday, and you must be very sad, so here are five compliance lessons to take away from the show. First and foremost, don’t ever hire a Pinkman. [Corporate Counsel]
* E.A. Sports and the Collegiate Licensing Company settled the suit filed against them by college athletes, leaving the NCAA to whine, moan, and “take this all the way to the Supreme Court.” [Birmingham News]
* George Zimmerman’s wife says her husband “went on a victory tour” without her, and has no idea where he is. Clue: maybe he was advising Cybill Shepherd for her role on Law & Order next week. [Miami Herald]
Because law students write briefs for everything.