2nd Circuit

  • Supreme Court 1

    2nd Circuit, Federal Circuit, Federal Government

    Second Circuit Reverses On Lawyer Professional Exemption Case: What In The World Is Happening?

    I have blogged about this matter several times, all the while applauding the lower court decision and employer’s legal position in the case, as I believed what these temporary lawyers were doing did constitute the practice of law.

    / Jul 30, 2015 at 3:00 PM
  • law technology legal tech computer laptop

    Privacy, Sponsored Content, Technology

    Technology & Law: Can U.S. Law Enforcement Virtually Break Into Foreign Data Centers?

    This case has major implications for technology, data privacy, cloud computing, international relations, U.S. business interests, and media, so it deserves close attention.

    / Jul 24, 2015 at 1:02 PM
  • taylor-swift

    Non-Sequiturs

    Non-Sequiturs: 07.09.15

    * If Taylor Swift doesn’t like a photographer she just shakes it off… and then roughs him up according to her contract. [Gawker]

    * Bankers commit crimes for the dumbest reasons. [Dealbreaker]

    * Chadbourne closes its Beijing office, leaving the firm with no more boots on the ground in Asia. It’s like the Asian Pivot… but backward. [Big Law Business / Bloomberg BNA]

    * The Florida Supreme Court just ordered the legislature to redraw some of the state’s congressional districts before 2016. All that hard gerrymandering work for nothing, huh? [Reuters via Yahoo News]

    * Richard Hsu of Shearman & Sterling and the host of the Hsu Untied podcast finds himself on the other side of this interview. [One-400]

    * Massively underpaying lawyers. It’s not just for Massachusetts any more. [Legal Cheek]

    * Katten Muchin is back in hot water after the Seventh Circuit revived a malpractice suit. [Law 360]

    * Judge Rakoff relishes an opportunity to sit by designation on the Second Circuit. [Dealbreaker]

    * A reminder that Bloomberg BNA is hosting its inaugural Big Law Business Summit next week to hear from in-house counsel about the evolving relationship between Biglaw and its clients. [Big Law Business / Bloomberg BNA]

    2 Comments / / Jul 9, 2015 at 5:25 PM
  • 432px-Target_logo.svg

    Non-Sequiturs

    Non-Sequiturs: 05.22.15

    Ed. note: Above the Law will not be publishing on Monday, May 25, in observance of the Memorial Day holiday.

    * The settlement deal between Target and Mastercard over the 2013 data breach is dead after failing to garner the requisite issuer support. Proposed settlement: $19 million. Years of protracted litigation: Priceless. [Credit Union Times]

    * High school teacher who admitted she and another teacher had a threesome with a 16-year-old student got off — well, legally — with a slap on the wrist. Folks are starting to wonder if her dad being a sitting district judge had anything to do with that. [Times-Picayune]

    * On a similar note, Mama June of Here Comes Honey Boo Boo… fame? Is she famous? Whatever. The point is Mama June is toying with suing the TLC Network because they canceled her show over a child molester, but haven’t nuked 19 Kids and Counting in the wake of its brewing molestation scandal. When you consider these hit shows starring inbred hillbillies with molestation issues, remember that TLC stands for “The Learning Channel.” [TMZ]

    * Lawmakers pushing back against Governor Cuomo’s proposal to appoint an independent monitor to investigate police-related civilian killings. One skeptical State Senator proclaims, “What I do know is that it treats police officers different than other citizens.” Yes, because right now the police get the same kid gloves grand jury presentations the rest of us do. [Capital New York]

    * Texas prosecuted 115,782 truancies in a year, levying hefty fines and doling out jail time to kids as young as 12. Well hello there prison-industrial complex! [Al Jazeera America]

    * Are the Yankees and A-Rod gearing up for arbitration… or settlement? I don’t know, why wouldn’t you want to put a warm, likeable guy like him in front of a panel? [Concurring Opinions]

    * Judges must be the loneliest people on social media… [The Daily Record]

    * Merely complaining to your boss is enough to trigger anti-retaliation provisions according to the Second Circuit. So feel free to call up that partner you hate… [JD Supra]

    21 Comments / / May 22, 2015 at 2:02 PM
  • phone cord

    2nd Circuit, Privacy, Technology

    Second Circuit Blasts NSA Phone Metadata Collection Program

    In a huge decision, the Second Circuit reinstated a challenge to the NSA’s warrantless phone records program.

    3 Comments / / May 7, 2015 at 10:58 AM
  • Goldman Sachs

    Crime, Technology

    Stupid Prosecution Devolves Into Jury Room Food Fight

    Sergey Aleynikov gets a verdict after a missing slice of avocado, a blood test, and a food poisoning conspiracy theory nearly trigger a mistrial.

    23 Comments / / May 4, 2015 at 11:40 AM
  • Overtime

    Contract Attorneys

    The Overtime Fight For Document Review Continues

    The Second Circuit lawsuit continues.

    16 Comments / / Mar 11, 2015 at 12:06 PM
  • capitol

    2nd Circuit, Books, Federal Judges

    Judging Statutes: 5 Thoughts About The Use Of Legislative History

    A federal judge offers a spirited defense of using legislative history in statutory interpretation.

    / Feb 17, 2015 at 4:15 PM
  • Pencil erasing an "error"

    Biglaw, Screw-Ups

    Mayer Brown & Simpson Thacher Make Epic Screwup

    Check out this tale of how an unwary paralegal ends up costing a bank millions.

    61 Comments / / Jan 21, 2015 at 3:03 PM
  • 2nd Circuit, Books, Holidays and Seasons, Murder, Non-Sequiturs, Ruth Bader Ginsburg, Wall Street

    Non-Sequiturs: 10.31.14

    * Thanks to Wonkette for pointing out that we were on this whole Ruth Baby Ginsburg thing last year. [Wonkette]

    * Speaking of our legally themed Halloween costume contest, please send us your nominations. [Above the Law]

    * Salacious allegations about a high-flying investment banker invite comparisons to The Wolf of Wall Street. [Dealbreaker]

    * The Second Circuit puts a stop to a legal challenge to the stop-and-frisk settlement. [How Appealing]

    * You’d expect a former lawmaker to have a better understanding of… the law. [Lexington Herald-Leader]

    * The Wall Street Journal reviews Paul Barrett’s new book (affiliate link) about the never-ending Chevron/Ecuador litigation. [Wall Street Journal]

    * Speaking of the Chevron/Ecuador matter, here’s more about the Canadian Bar Association’s controversial involvement, which Canada columnist Steve Dykstra covered earlier. [rabble.ca]

    * Some thoughts from Jonathan Mermin on something lawyers see every day: bad arguments. [Green Bag]

    * Here’s a great new resource for our fellow aficionados of appellate arguments. [Free Law Project]

    2 Comments / / Oct 31, 2014 at 4:47 PM
  • Sleeping With Documents RF

    2nd Circuit, Contract Attorneys, Document Review

    Contract Attorney OT Suit Moves To Second Circuit

    What causes lawyers to strike out (via lawsuit) at the law firms that hire them?

    24 Comments / / Oct 29, 2014 at 10:02 AM
  • angry handcuffs

    2nd Circuit, Biglaw, Immigration, Insider Trading, Law Schools, LSAT, Media and Journalism, Morning Docket, Plaintiffs Firms

    Morning Docket: 09.17.14

    * Uh oh! The Second Circuit is having a copy/paste problem in that it copied and pasted the wrong legal standard into twelve of its immigration opinions from 2008 to 2012. Embarrassing. [WSJ Law Blog]

    * Am Law named the grand prize winners of the magazine’s Global Legal Awards for the best cross-border work in corporate, finance, disputes, and citizenship. Was your firm honored? [Am Law Daily]

    * An attorney at this Louisiana law firm was apparently attacked by a co-worker’s husband who claimed that the lawyer was behind his cuckolding. We may have more on this later. [Louisiana Record]

    * A computer systems engineer at Wilson Sonsini has been charged with insider trading. This is the second time in three years that an employee from the firm has been charged with this crime. [Bloomberg]

    * The best way to navigate common mistakes in the LSAT logical reasoning section is to display your logical reasoning capabilities by not taking the LSAT right now. [Law Admissions Lowdown / U.S. News]

    2 Comments / / Sep 17, 2014 at 9:00 AM
  • Technology today's tech

    2nd Circuit, Federal Judges, Technology

    Today’s Tech: A Federal Judge And His iPad (Part 2)

    What does Judge Wesley of the Second Circuit view as the weakness of the iPad as a work tool?

    / Sep 4, 2014 at 11:17 AM
  • Technology today's tech

    2nd Circuit, Federal Judges, Technology

    Today’s Tech: A Federal Judge And His iPad (Part 1)

    Why does Judge Wesley of the Second Circuit love using his iPad at oral argument? Let him count the ways.

    / Aug 21, 2014 at 10:15 AM
  • Image via Getty

    2nd Circuit, 9/11, Bankruptcy, Basketball, Biglaw, Deaths, Gay Marriage, Howrey LLP, Lateral Moves, Law Professors, Marijuana, Money, Morning Docket, Religion, Weddings

    Morning Docket: 07.29.14

    * The Second Circuit ruled that the World Trade Center Cross may remain on display in the September 11 Memorial and Museum. Apologies, atheists, but it’s a “genuine historical artifact.” [New York Daily News]

    * Howrey going to get money back when judges keep tossing unfinished business claims like they’re yesterday’s trash? We’ll see if such claims will be laid to rest after a hearing later today. [Am Law Daily]

    * Paul Weiss had a good get this week, with Citigroup’s deputy general counsel leaving the bank to join the firm — which coincidentally has served as the bank’s outside counsel for two decades. [WSJ Law Blog]

    * North Carolina, a state that adopted a ban on same-sex marriage in 2012, said it will no longer defend its law in the wake of the Fourth Circuit’s ruling as to a similar ban in Virginia. Hooray! [Los Angeles Times]

    * If you missed it, a judge issued a preliminary ruling against Donald Sterling, meaning that the sale of the L.A. Clippers may proceed. Don’t worry, his attorney says this is just “one stage of a long war.” [CNN]

    * It seems that “weed-infused weddings” are a hot commodity in states where the drug has been legalized. Sorry, it may be better than an open bar, but it doesn’t seem like a very classy thing to do. [Boston.com]

    * Cheryl Hanna, Vermont Law School professor and praised legal analyst, RIP. [Burlington Free Press]

    2 Comments / / Jul 29, 2014 at 8:23 AM
  • Ruth Bader Ginsburg

    2nd Circuit, 4th Circuit, Copyright, D.C. Circuit, Food, Gay, Gay Marriage, Health Care / Medicine, Immigration, Music, Non-Sequiturs, Rankings, Rape, Supreme Court

    Non-Sequiturs: 07.28.14

    * Have you heard that Staci invited Justice Ginsburg to her wedding? [TIME]

    * The Fourth Circuit welcomes Virginia to the fold of marriage equality. [National Law Journal]

    * What might be the biggest insider trading case ever hinges on Greenberg Traurig. [New York Post]

    * Most exciting of all is that we may never need to hear the depressing “copyright-free” Happy Birthday song ever again. [boingboing]

    * With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]

    * I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]

    * Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]

    * The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]

    * Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]

    * Gaming the rankings — not just for law schools any more. [The Kansas City Star]

    * Karen Mantler can’t afford her lawyer. And she’s singing about it. After the jump…. [WNYC Spinning On Air]

    1 Comment / / Jul 28, 2014 at 5:12 PM
  • internet troll

    2nd Circuit, Bernie Madoff, Denny Chin, Federal Judges

    Federal Judge Gets Scammed By Notorious Serial Litigant

    Which federal judge just got trolled?

    12 Comments / / Jul 24, 2014 at 1:09 PM
  • Preet Bharara