Is your office cold? Is your chilly heart in need of thawing? Cuddle up by the fire — or just grab another cup of coffee from the break room — and feel the glow of the winter wedding goodness we have for you this week!
Here are our magnificently impressive, all Ivy-educated lovebirds:
The Second Circuit met en banc (or in banc?) for the first time in a little over two years and handed down a sharply divided 9-6 opinion with potentially major ramifications for the criminal justice system.
In the crosshairs in yesterday’s decision was the sanctity of one of a modern prosecutors most cherished tools of brow-beating serving justice: the guilty plea.
The Second Circuit is leading the way in restoring a little bit of justice to the criminal justice system…
* Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]
* On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]
* Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]
* “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]
* Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]
* It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]
Remember the 80s? Big hair, Dynasty, Huey Lewis was popular for some reason. Well, Judge Jed Rakoff remembers the 80s, and he also remembers the way the federal government used to actually investigate and prosecute people who committed massive financial crimes — Mike Milken, Ivan Boesky, Charles Keating, a bevy of other savings and loans kingpins. Good times.
And Judge Rakoff wants to know what happened to prosecuting financial crimes, specifically the sort of fraud that crippled the economy. So he took to the pages of the New York Review of Books to ponder all the financial prosecutions that could have been. And he has some theories about what happened and how prosecutors could do a better job in the future.
It’s a fascinating look at a bunch of ideas that the government is going to totally ignore…
* Good news if you’re a better golfer than your buddies: if you play in New Jersey, you’re not liable when another member of your group injures someone with an errant ball hit into the proverbial lumber yard. On the other hand, you’ll have to be in New Jersey. [The Legal Blitz]
* Hank Greenberg continues his effort to throw roadblocks in the way of the NY AG investigation into AIG. Now he’s accusing the AAG on the case of ethical lapses, which is only fair since that’s what everyone else is accusing Greenberg of. [NY Daily News]
* It’s official: Biglaw fees are unreasonable. At least by South Florida standards. [South Florida Lawyers]
* A Nevada judge was charged with misdemeanor manslaughter in the death of a bicyclist. If convicted, he could spend up to six months in jail. I’d like to imagine this would play out a lot like when Rorschach went to prison. [Associated Press]
* If you’re in NYC tomorrow evening, the New York City Bar Association is hosting a free event titled “The First Amendment in an Age of Terror” featuring Professor Jonathan Hafetz of Seton Hall University School of Law; James Goodale of Debevoise & Plimpton; Judge Robert D. Sack; Spencer Ackerman, the U.S. National Security Editor for The Guardian; and Jameel Jaffer, Deputy Legal Director, American Civil Liberties Union. [New York City Bar Association]
* Syracuse College of Law students have an early Law Revue video for us. Strap in for a Mariah Carey parody that involves a baby getting a hatchet to the face. That sounds way darker than it really is. Video embedded below….
* Florida State QB Jameis Winston was not charged with sexual assault after a nearly year-long investigation (well, it happened a year ago… it sounds like no one did much investigating at that time). What comes next? I mean aside from FSU demolishing their next two opponents. [Sports Illustrated]
* Sadly, former South African president and civil rights leader Nelson Mandela has passed away. University of Maryland Law School, go ahead and let the world know… again. [CNN]
* America’s probably unstable, definitely troubled sweetheart Amanda Bynes is coming closer and closer to a plea deal over her infamous bong toss. [New York Post]
* A lawyer-turned-candidate provides the optimist’s guide to running for office. For the pessimist’s guide see John McCain’s, “Jesus, I Picked Who?” [Huffington Post]
* People are super mad about the NYPD’s new “Stop and Kiss” program. The program only exists in The Onion, but that doesn’t stop most people from making unsolicited, snap decisions that no one asked them to make. At press, the Second Circuit had already preemptively barred Judge Shira Scheindlin from hearing any case on the fictional program. [Gawker]
* Speaking of the NYPD, Mayor-Elect Bill De Blasio, who ran on a platform of reforming the NYPD, has named a new police commissioner and selected… one of Giuliani’s old police commissioners. Way to go, champ! Seriously, there are law enforcement professionals out there capable of running the NYPD beyond the last couple guys who ran it. This is like buying a marquee NFL team and saying, “I hear Norv Turner is available.” [Salon]
* Santa Claus arrested for sexually harassing an 18-year-old elfette. She started getting suspicious when he kept looking at her and proclaiming “Here Cums Santa Claus.” [The Smoking Gun]
* Atlanta jury questionnaire lists “slave” as an occupational option. There’s a lot of outrage, but they were just covering their bases — a potential could have just moved there from Mississippi. [11 Alive]
* Speaking of juries, a long-time prosecutor ends up on a jury and sums up the 10 things he learned from his jury experience. [Texas Evidence]
* The Second Circuit’s decision to remove Judge Scheindlin from the stop-and-frisk case was bad enough — especially since it was an unprecedented overreach for a circuit panel when no one requested her removal — but its true cost is in chilling justice down the road, when judges start to look over their shoulders for fear that an activist appellate panel is out to get them. [WiseLawNY]
* Interesting question: what do you wear under a 3/4-sleeved blazer? I’d wear a T-shirt that says, “I give 3/4 of a damn today,” but most lawyers would disagree. [Corporette]
* Apple hired CPA Julie Davis as a damages expert in its case against Samsung. Whatever she was paid, it wasn’t enough — the jury singled out Davis as the reason they awarded Apple $290 million. [The Expert Institute]
* President Obama won’t “just sit idly by” as his D.C. Circuit nominees are picked off one by one by Senate Republicans. No, instead he’s going to have his White House Counsel give interviews for him. [National Law Journal]
* Today is the 150th anniversary President Abraham Lincoln’s Gettysburg Address. If you’d like, you can watch a live stream of an event celebrating the occasion here at 12 p.m. EST today. [Constitution Accountability Center]
* The Second Circuit slapped down a few requests yesterday, the most notable of which being Argentina’s bid for a full rehearing and Raj Rajaratnam’s plea for a review of his conviction. [Bloomberg; Bloomberg]
* You don’t know what you got till it’s gone: Weil Gotshal is welcoming back a former finance partner after a seven-year stint at Norton Rose Fulbright to fill out its emptied Dallas office. [Law 360 (sub. req.)]
* Dewey know when the axe man commeth for those who refused to join the failed firm’s $70 million partner contribution plan? Right now. Will Marcoux is the first to face off against Alan Jacobs. [Am Law Daily]
Do you really think you can bother this woman and not get cut?
* The trial of a Utah doctor accused of murdering his wife-to-be with a mistress 20 years his junior has kicked off a battle of medical experts trying to guide the jury through the competing theories about the cause of death. See, this was all easier when you could just introduce a new sister wife into the equation. [The Expert Institute]
* Is it acceptable to interrupt Justice Ginsburg’s dinner to show her something on your phone? [Slate (second item)]
* Case against Iowa law school for barring a student training a service dog will go forward. They should have just been happy it wasn’t a llama. [Des Moines Register]
* Professor Eric Posner reviews Professor Rahul Sagar’s new book, Secrets and Leaks (affiliate link), which posits that people may be overreacting when they call for tearing down the NSA. [The New Republic]
* Jay Edelson and his associate Chandler Givens explain why the billable hour is the first thing that must go. Don’t they mean “Reason Number 1″ to reform the legal profession? [Reuters Legal Solutions]
Judge Shira Scheindlin is no Jonathan Martin. When the Second Circuit bullied her off the stop-and-frisk case, she didn’t run crying to her parents. Instead, she’s standing up to the Second Circuit, appealing its ruling that she was improperly biased. She notes that the Second Circuit kicked her off the case sua sponte, without giving her any opportunity to defend or explain herself.
It’s funny… Scheindlin is basically arguing that she got stop-and-frisked by the appellate court. She was walking along, judging her own business, but the Second Circuit jumped to conclusions based on her appearance.
Unfortunately, in my experience, telling the people who stop-and-frisked you that they jumped to a conclusion without probable cause usually doesn’t go well…
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 seven years. You can reach them by email: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.