You don’t often see federal courts striking down conditions of supervised release as violations of substantive due process. But you don’t often see the federal government wanting to hook up a device to a man’s penis, make the man watch pornography, and see what happens. It sounds a bit… 1984 (affiliate link).
I couldn’t help noticing this opinion, given its unusual nature and its focus on the peen. I’m sure you’re all dying to learn more about the procedure known as “penile plethysmography.” (The good news: it’s not as bad as a penile embolism or penile degloving.)
You know you want to see what those Second Circuit judges are hiding underneath their robes. Let’s dig a little deeper (into the opinion), shall we?
* 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]
* As previously discussed, Morgan Lewis partner Leslie Caldwell hopes to take over where Lanny Breuer left off at the DOJ Criminal Division. Her nomination was formally announced this afternoon. [Blog of Legal Times]
* Judge Scheindlin doesn’t want to end stop-and-frisk in New York City, she wants to end racial profiling, so you can’t have a stay pending your appeal to the Second Circuit, Mayor Bloomberg. [New York Law Journal (sub. req.)]
* Dewey know which companies were the latest to be sued by the failed firm’s liquidation trustee to recover funds paid out in the days before it went under? Yes, and Dial Car is really pissed off. [Am Law Daily (sub. req.)]
* Let’s face the facts: no one’s goal as an attorney in Biglaw is to make it drizzle. Because “law firms don’t know when to fold when trying to hire lateral partners,” they sometimes wind up with the opposite of what they want amid their ranks. [The Lawyer]
* Texas Wesleyan Law has been Texas A&M Law for only a few weeks, but new traditions are already being made for Aggie lawyers. Now when students enter a classroom, the professors say “howdy.” [KBTX]
* “The situation is an absolute mess.” Last summer’s SCOTUS decision on mandatory life-without-parole sentences for juvenile offenders has created a “legal limbo” for inmates. We hope they find suitable dance partners. [Wall Street Journal (sub. req.)]
* Even after you retire, you apparently still have to deal with the Cebullsh*t from your life on the bench. Former Chief District Judge Richard Cebull’s misconduct review is likely heading to Administrative Office of the U.S. Courts. [Great Falls Tribune]
* Woe unto them that call unpaid work fair: the Second Circuit quickly granted Fox Searchlight an appeal in the Black Swan unpaid intern case in the hope of offering some “much-needed guidance.” [Deadline]
* Which private law schools offer students the best value? Some unlikely contenders are named on this list, and some T14 schools even make appearances. We’ll have more on this later today. [National Jurist]
* GW wasn’t the only school that grew the size of its entering class (although it was the largest increase). William & Mary and Missouri-KC saw big gains, too. Yay, more lawyers! [National Law Journal (sub. req.)]
* If you’re considering applying to law school, think about schools that have lowered their standards and are offering scholarship money like candy. Otherwise, here are some helpful hints. [Huffington Post]
* Henry Putzel Jr., former reporter of decisions at the Supreme Court, RIP. [Washington Post]
* Justice Ruth Bader Ginsburg was chatty this week. In terms of same-sex marriage, the Notorious R.B.G. thinks “[t]he court handled both of those cases just the way they should have.” [Bloomberg]
* And just like a mean girl, Ruthie’s claws were out. After calling the Roberts Court “one of the most activist courts in history,” she offered comments on Justice Samuel Alito’s eye-rolling. [New York Times]
* Don’t cry for Argentina, the truth is it never respected you. After losing an appeal at the Second Circuit, the country has vowed to defy any of the court’s rulings with which it doesn’t agree. [Reuters]
* Texas takes the bull by the horns: the state’s Supreme Court will consider if it has the power and jurisdiction to grant gay divorces despite the fact that it bans gay marriage. [Houston Chronicle]
* “I have a temperament that doesn’t adapt well to politics. It’s because I speak my mind so much.” Joaquim Barbosa, chief justice of Brazil’s highest court and one of the most influential lawyers in the world (according to Time), isn’t afraid to tell it like it is. [New York Times]
* Since she was already acquitted of the murder of Meredith Kercher, Amanda Knox (fka Foxy Knoxy) will not be returning to Italy for her retrial. That would be as silly as admitting to participation in orgies. [CNN]
* Following a settlement on undisclosed terms, the suit filed against Paula Deen has been dismissed. It’s too bad that the Baroness of Butter’s career sunk like a spoiled soufflé in the process. [Businessweek]
* New York’s AG filed a $40M suit against Donald Trump, a rich man who can’t afford a decent hairstylist and allegedly makes students at Trump University weep with his “bait-and-switch” tactics. [NBC News]
* Chief Justice John Roberts appointed Second Circuit Judge José A. Cabranes to the Foreign Intelligence Surveillance Court of Review. Roberts must be happy; few will criticize a moderate. [Washington Post]
* The Department of Justice plans to hire Leslie Caldwell, Morgan Lewis partner and ex-Enron prosecutor, to fill Lanny Breuer’s shoes. Way to leak the news while she’s on vacation. [DealBook / New York Times]
* Tell us again how sequestration isn’t having an impact on the judiciary. Private federal indigent defense attorneys are going to see their already modest rates slashed due to budget cuts. [National Law Journal]
* Sixteen lawyers will receive the New York Law Journal’s Lifetime Achievement Award, and a list like this obviously wouldn’t be complete without the names of some of Biglaw’s best and brightest. Congrats, Rodge! [New York Law Journal]
* Here’s something to aspire to for the ongoing law school lawsuits: Career Education Corp., a system of for-profit colleges, will pay $10 million to settle a dispute over its inflated job statistics. [Wall Street Journal]
* Penn State University is starting to issue settlement offers to young men who claim they were sexually abused at the hands of Jerry Sandusky, the school’s former assistant football coach. [Legal Intelligencer]
* Compiling a collection of historical White House counsel advice was a labor of love. The collection includes advice on issues ranging from dealing with Leon Trotsky to blockading Cuba. Advice on treaty with Roswell visitors conspicuously absent. [WSJ Law Blog]
* An incoming 1L at Ole Miss takes to Craigslist to find a “young cute girl” to be “arm candy I spoil.” Ick. [Craigslist (in case that comes down, here's a screenshot)]
* Johnny “Football” Manziel’s alleged autograph-for-pay scheme has prompted Texas A&M to hire Lightfoot, Franklin and White, the law firm that helped out Auburn when Cam Newton totally got paid to play was wrongfully accused of taking payments. [USA Today]
* Oh closed circuit surveillance, is there anything you can’t do? A police officer in Italy’s Supreme Court has earned some Internet fame after being caught dancing to YMCA while waiting for the verdict in Silvio Berlusconi’s trial. Original video after the jump. Check out Legal Cheek for some viewer-created homages. [Legal Cheek]
* It’s just business as usual: Amid accusations of liberal court-packing, D.C. Circuit nominee Nina Pillard faced questions on abortion and religion during her testimony before the Senate Judiciary Committee. [USA Today]
* Biglaw isn’t as dead as we’ve been told and made to believe. Some of the largest firms are actually doing quite well, says American Lawyer’s editor-in-chief, who’d like her job to retain some meaning for now. [Am Law Daily]
* Fried Frank knew that it’d take a banker to pull the firm from its monetary funk, so it picked up David Greenwald, deputy general counsel of Goldman Sachs, to act as co-chair through 2015. [New York Law Journal]
* With the change in SEC policy, from allowing companies to use neither-admit-nor-deny language, to forcing them to admit guilt in “egregious” cases, lawyers may soon be very busy. [Corporate Counsel]
* Raj Rajaratnam is a firm believer in the “three strikes and you’re out” theory of law. A month after the Second Circuit affirmed his insider trading conviction, he’s asking for a rehearing en banc. [Bloomberg]
– Judge José A. Cabranes, writing for a three-judge panel of the Second Circuit in upholding the insider trading convictions of former hedge fund manager Raj Rajaratnam. On appeal, Rajaratnam unsuccessfully argued that federal prosecutors obtained a wiretap warrant with a “reckless disregard for the truth.” Rajaratnam will serve the remainder of his 11-year sentence.
(If you’re interested, continue reading for the Second Circuit’s opinion.)
I don’t know precisely when Oprah Winfrey went from daytime talk show host to “I’m a DEITY now,” but I know that I missed it. I mean, I like her and all. And I don’t understand the people who hate her — like what has Oprah ever done to anybody? But I don’t exactly know why the world seems to hang on her every word.
Which isn’t to say she didn’t “deserve” to give the commencement address at Harvard University this year. Of course she did. Have you seen the people who have given that speech? When I graduated from college it was Amartya Sen. He’s an economist, Oprah is cash money.
I only noticed she was giving the speech because right wingers are acting like she needs to be shot because she talked about gun control. But apparently she also said: “We all know that we are better than the cynicism and the pessimism that is regurgitated throughout Washington and the 24-hour cable news cycle — not my channel, by the way.”
And that’s funny because the Second Circuit just ruled that her media network might have regurgitated a tagline already owned by a copyright holder…
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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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