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…
* “What about devil worshippers?” Justice Scalia may think Satan’s gotten “wilier,” but that doesn’t mean his supporters don’t deserve religious representation in their public meetings. [WSJ Law Blog]
* Speaker of the House John Boehner says that if the Employment Non-Discrimination Act passes, tons of lawsuits will be filed — except that hasn’t happened in states with similar laws. Oopsie… [Reuters]
* Judge Shira Scheindlin isn’t going to just sit there and allow herself to be kicked off the stop and frisk case. In a rare move, she asked the Second Circuit to reverse its ruling and reinstate her. Go girl! [Reuters]
* Quinn Emanuel is welcoming a frequent firm-hopper (from Sidley to Clifford Chance to Cleary Gottlieb) into its ranks in D.C. to join Weil defectors Mike Lyle and Eric Lyttle. Best of luck! [Am Law Daily]
* Gibson Dunn scooped up Scott Hammond, a longtime leader of the Department of Justice’s Antitrust Division. Query just how large the dangling carrot at the end of the firm’s stick was. [Blog of Legal Times]
[F]ederal trial judges know their place. We are the TTT of the federal judiciary. When the Circuit tells us to jump, we do so even if we don’t much like it. But, in return, we expect only one thing: no cheap shots.
* Judge Richard Posner is the latest judge to have admitted to making a possible error (which he later endlessly recanted), but hey, if he was wrong, at least he was wrong in a “responsible, informed, and fair-minded way.” [National Law Journal]
* After being unceremoniously tossed off New York’s stop and frisk case by the Second Circuit for her supposed “partiality,” Judge Shira Scheindlin has been replaced by Judge Analisa Torres. Best of luck — you might need it. [New York Law Journal]
* Will Judge Scheindlin’s removal have a chilling effect on judicial speech? Lat thinks it would cause judges to “hide underneath their robes” even more than they already do. [Room for Debate / New York Times]
* The Biglaw gay gross-up marches on: it’s funny that the most conservative industry is outpacing others in terms of progressive benefits for LGBT employees and families. [Capital Business / Washington Post]
* “The U.S. is facing a paradox surrounding access to justice,” says ABA President James Silkenat, who is trying to kill two birds with one stone by pairing unemployed lawyers with poor clients. [Am Law Daily]
* Bernie Goetz (aka the New York subway vigilante) was arrested on pot charges after allegedly offering to get an undercover cop high. We’ve got a feeling his new nickname will be “Burnie.” [New York Daily News]
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.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
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