* This Term, both wings of the Court will be making originalist arguments because “slaveholders from 200 years ago said so” is the most compelling argument in our legal toolbox. [Constitutional Accountability Center]
* Yale Law grad Ronan Farrow, supposedly Woody Allen’s son, might really be Frank Sinatra’s son. Looking at him that… makes sense. [Vanity Fair]
* Looks like the FTC is finally going after patent trolls. Or would be if we still had a government. [Ars Technica]
* Based on the look and address, the Law Librarians blog appears to have left the Law Professor Blogs Network. It must have been too loud in there for the librarians. [Law Librarians]
* So… you’re saying lots of trial judges out there don’t understand hearsay? [The Legal Watchdog]
* Lawyers from the DOJ are literally begging judges to stay their litigation cases because they’re not allowed to work unless it’s an emergency. How very lucky for U.S. Air. [Blog of Legal Times]
* FYI, the IRS wants to further screw victims of layoffs. If you were recently laid off and received a severance package from your firm, this is a SCOTUS case you’ll want to follow this Term. [Reuters]
* Which Biglaw firm has the best brand in the world? We’ll give you a hint: it’s not the new top dog on the Am Law Global 100 (and that glorious firm didn’t even finish in second place). We’ll have more on this later. [Am Law Daily]
* Yet another Biglaw firm just elected its first woman chair ever. Congratulations to Jami Wintz McKeon, the power litigatrix who will lead Morgan Lewis to great success in the coming years. [Am Law Daily]
* Some corporate “girl on girl action”: ex-employees of the National Association of Professional Women are now suing the organization over a female manager’s sexual harassment. [DealBook / New York Times]
* New Jersey’s AG is desperately trying to delay the issuance of same-sex marriage licenses after a trial judge’s ruling last week. At this point, the Garden State’s arguments are just livin’ on a prayer. [Bloomberg]
* If the government shuts down and then defaults on its debt, Wall Street worries that it would “shake the foundations of the global financial system.” Hooray for political asshattery! [DealBook / New York Times]
* At least six of the Supreme Court’s judicial precedents are up for reconsideration in the upcoming Term, and high court commentators think the resulting decisions could be a mixed bag. [National Law Journal]
* Apparently low-income New Yorkers’ legal problems are “not worthy of a ‘real lawyer,’” or at least that’s the message that will be given if non-lawyers are allowed to provide legal services. [New York Law Journal]
* Sorry, lady, not enough prestige. A Brazilian journalist was allegedly on the receiving end of some “extremely violent” police behavior at Yale Law School after attempting to interview Justice Joaquim Barbosa at a private event. [The Guardian]
* Mark Cuban’s insider trading case is heading to trial today, but we genuinely wonder how he’ll be able to convince a jury that he’s “humble and affable,” rather than the “master of the universe.” [Boston Herald]
* Law firms are getting out-hustled by a number of other service providers. [ABA Journal]
* Lawyers are terrible leaders. And if you don’t understand business, you can’t really be a good advocate. This also explains why firms are getting out-hustled per the prior item. [Fashion Law Blog]
* The Supreme Court Historical Society & The Historical Society of the New York Courts Present are hosting a CLE event called “Learned in the Law: Role of the U.S. Solicitor General…a New York Point of View” on October 25. Tickets are $30. [Historical Society of the New York Courts]
Oral argument before the Supreme Court is ripe with dramatic possibilities. If you doubt this, check out Arguendo, the new work by Elevator Repair Service that just received a rave review from the New York Times. I saw “Arguendo” last weekend, before I participated in an on-stage conversation with director John Collins, and I was impressed by how well the play captures the drama, comedy, and even athleticism of appellate argument. (Buy tickets here — but act quickly, since they’re going fast.)
If oral argument is a form of theater, then the U.S. Supreme Court is Broadway — the biggest and best venue in all the land. And we’ve just learned about a brilliant understudy who will be making her debut at One First Street next month.
Expectations are running high for this talented protégé of a celebrated SCOTUS litigator. Who is playing Eve Harrington to Paul Clement’s Margo Channing?
Not that Roberts cares about pesky things like facts, but the facts on the ground in Michigan since the state’s ballot initiative show that without affirmative action, minority enrollment has plummeted. At the University of Michigan, minority enrollment at the college and the law school is down 30 percent.
Now, I know a lot of conservatives will respond to that number with “so?” I get that there are entire swaths of America that could give a crap if minorities are going to public universities or not. I’m sure the hatred for “undeserving” minorities will be well expressed in the comments.
Those people aren’t running the University of Michigan, however. The people running Michigan would like to admit a diverse group of students, and the state’s ballot initiative has clearly hampered that effort. For that law school, it’s a very complicated problem, because as we’ve been reporting, law school applications are down across the board, and that includes minority applicants….
* Maryland gubernatorial campaign promising to build another law school. Newsflash: Ray Lewis has retired! You don’t need more lawyers! [Baltimore Sun]
* The Daily Beast’s Josh Rogin mocked a stand-up act over Twitter last night. He was punched in the face for his efforts. The comic was arrested. Punching Rogin for criticizing the act was uncalled for. Punching Rogin for working for the Daily Beast on the other hand… [IT-Lex]
* Marissa Alexander, the Florida woman sentenced to 20 years for firing a warning shot at an abusive husband, is getting a new trial. Since George Zimmerman got a decorative fruit basket for actually killing someone a few miles away, Alexander has to like her chances. [First Coast News]
* With a government shutdown looming, the Supreme Court will likely go about business as usual. In fact, Justice Alito is rolling his eyes at the mere concept of closing the Court’s doors as we speak. [SCOTUSblog]
* But in the meantime, both the Department of Justice and the federal judiciary are hunkering down and waiting for the collapse of law and order thanks to all of our petulant politicians in Washington, D.C. [Blog of Legal Times]
* Justice Scalia thinks the NSA’s surveillance programs may come before SCOTUS for an examination of a “right of privacy that comes from penumbras and emanations, blah blah blah, garbage.” [Associated Press]
* Perhaps it’s due to the “hangover from the collapse of the markets in 2008,” but white-collar defense practices are on the rise in Biglaw, and the firms’ leaders could not be happier. [Philadelphia Inquirer]
* Another law school ranking just means there’s another way for Yale to whoop Harvard’s ass. Now we know that Lat’s alma mater is slightly better at producing law deans than Elie’s. [National Law Journal]
* A motion to dismiss has been filed, and now Jill Kelley, the Florida socialite who assisted in bringing about the end of General David Petraeus’s career in the CIA, is watching her legal case unravel. [CNN]
* U. Penn. Law doesn’t need to toot its own horn about kicking off its visiting jurist program with a Supreme Court justice — we’ll do it on the school’s behalf: toot f-ing toot for Justice Kennedy. [National Law Journal]
* President Obama nominated former OLC attorney and current HLS professor David Barron for a First Circuit vacancy, and a Western New England alum for a district court judgeship. Congrats! [Boston Globe]
* The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history. [BuzzFeed]
* Preet Bharara, U.S. Attorney for the Southern District of New York, is pretty pissed that federal budget issues are allowing his office to get outgunned by wealthy financial firms. [DealBook / New York Times]
* “It seems a very coordinated effort of smugness.” As we reported previously, lawyers from the small firm representing Michael Jackson’s family think O’Melveny & Myers is full of d-bags. [Los Angeles Times]
* Sorry, but you can’t bang your clients. Well, that’s not completely true. You can bang your clients, but you have to bang them before there’s a legal relationship to keep banging them ethically. [Daily Report]
Public opinion is polarized regarding the mega-leakers Chelsea Manning and Edward Snowden. One common view holds them to be heroic patriots. To others, they’re simply traitors. Prominent whistleblower attorney John Howley asks us to consider the possibility that they can be both at once.
Last week, ATL—along with our friends at Lawline—hosted a fascinating (seriously) and timely CLE course, Whistleblowers, Traitors and the Rule of Law. Howley walked the attendees through the various laws governing whistleblowers, treason, and espionage. He also gave an overview of the most important whistleblower and treason cases, as well as explored the thorny legal and ethical implications for lawyers involved in such cases.
The course was as much a history lesson as a legal one. The role of whistleblower plays an integral part of our national history. In fact, the first American whistleblower law predates the country’s founding. In 1777, sailors accused the commander of the Continental Navy, Commodore Esek Hopkins, of torturing captured British sailors, and petitioned the Continental Congress to remove him. Hopkins sued for criminal libel, and Congress — by unanimous vote — agreed to defend the sailors in the suit. Congress also passed a law requiring all military members to inform Congress of “misconduct, frauds or misdemeanors committed by any officers in the service of these states.”
Many of the most important heroes in American history were, technically, traitors, including the Founding Fathers. And knowingly so. As Benjamin Franklin quipped, “We must hang together or we will hang separately.”
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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