2nd Circuit

HI-YA! CIVIL RIGHTS CHOP!

* 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]

* Thomas D. Raffaele, the judge who was karate chopped in the throat by a police officer last summer, is now suing over his crushed larynx and similarly squashed constitutional rights. [Courthouse News Service]

* Future gunners, unite! If you’re set on becoming a lawyer, there are things you can do to prepare your law school application, even as a college freshman. [Law Admissions Lowdown / U.S. News & World Report]

* 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]

* Texas Hold ‘Em loses to Second Circuit on the River. [The Volokh Conspiracy]

* 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]

* D.C. Circuit Judge Janice Rogers Brown has hired former bank robber and jailhouse lawyer Shon Hopwood as her new clerk. An awesome story actually. [Blog of the Legal Times]

* 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]

double red triangle arrows Continue reading “Non-Sequiturs: 08.07.13″

Professor Nina Pillard

* 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]

Raj Rajaratnam

Rajaratnam’s arguments are not persuasive.

– 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.)

double red triangle arrows Continue reading “A Big House For A Big Man: A Raj Rajaratnam Ruling”

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…

double red triangle arrows Continue reading “While Oprah Is At Harvard, She Might Want To Retain Some Lawyers”

Even the liberals look okay with the Red Mass,

I believe President Jed Bartlett explained legislative prayer best during the Red Mass episode. When Charlie asked why it’s okay to have a mass to celebrate the beginning of the Supreme Court’s terms, Barlett said, “And so how isn’t it a Constitutional issue? It is, but sometimes you say, ‘Big deal.’ It was the intention not to have a national religion, not to have anyone’s religious views imposed on anyone else, and not to have the government encourage a national display of piety as a substitute for real action.”

I think that’s basically right. I think prayer in schools is an unconstitutional indoctrination into religion for kids who are required by law to be there. I think making marriage laws based on Leviticus is bigoted and stupid. But if grown-ass adults want to have a prayer before they start legislating, I say “big deal.”

And I thought “big deal” was pretty well established law. So like everybody else, I was a little surprised to see that the Supreme Court granted cert in Greece v. Galloway, a case involving legislative prayer.

Maybe SCOTUS just wants to smack around the Second Circuit?

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Casey Anthony

* Right about now, the Second Circuit is wondering why authors are suing Google and crying infringement over the Internet company’s e-book project, especially since digitization could benefit so many of them. [Thomson Reuters News & Insight]

* This is the end of an era of legal battles: Jeffrey Skilling, Enron’s former chief executive officer, is getting a little shaved off the top of his 24-year prison sentence thanks to a deal with the Department of Justice. He’ll be out in 2017. [CNBC]

* Biglaw expected to have a slow start in 2013, but no one expected it to be this slow. The latest Citi report wasn’t exactly encouraging; on average, firms saw a 0.2% increase in revenue during the first quarter. [Am Law Daily]

* In the past decade, the American Bar Association has created six task forces to explore changing the face of legal education as we know it. Funny… nothing’s really changed. [National Law Journal]

* Bail for Ariel Castro, the accused Cleveland kidnapper, has been set at $8 million. “Just think of how many ribs and salsa albums could be bought with that, bro,” said Charles Ramsey. [Chicago Tribune]

* Casey Anthony had a bankruptcy hearing yesterday, but that news was overshadowed because everyone cared more about the girl who wasn’t going to get away with murder. [Orlando Sentinel]

* Professor Alfred Brophy wonders if The Great Gatsby (affiliate link) provides an early preview of product placement. In any event, I’m willing to bet the new movie will provide a stellar latter day view of product placement. [The Faculty Lounge]

* Brooklyn Law School will begin offering a two-year JD program. This makes too much sense. [Brooklyn Law School]

* Former Dora the Explorer star rebuffed in effort to unwind settlement, in part over claims that she overpaid for her lawyer. He charged $755/hour plus a 37.5% “success fee.” [UPDATE: According to her former lawyer, the hourly rate was replaced by the contingency fee arrangement.] This is the sort of thing that happens if a monkey is your most trusted confidant. [Hollywood Reporter]

* Oreck files for bankruptcy. Not Orrick, Oreck. They make vacuum cleaners that suck. Figuratively. [USA Today]

* Urinating on police stations? Detroit sounds like such a charming place. [Legal Juice]

* If you don’t mind spoilers, here are the answers to all your Iron Man 3 legal queries. Not answered: why was the post-credits scene so lame? [Law and the Multiverse]

* While created for short-sighted criminal defendants, this applies equally to the hubris of civil defendants who are just SURE they’re going to win. [What the Public Defender?]

* Caroline Kennedy just paid up her lapsed bar admission. Just in time for a Senate confirmation hearing… you know if she were to get nominated for something. [WiseLawNY]

My personal favorite: Peepemptory Challenges.

* To those of you who celebrate it, Happy Easter! Welcome the holiday by voting in the ABA Journal’s fifth annual “Peeps in Law” contest. [ABA Journal]

* If law firm brackets aren’t your thing, check out Professor Kyle Graham’s brackets for (1) law school classes and (2) law blogs. I’m thankful for ATL’s #1 seed but terrified by who we’re up against (because they’ve ripped me a new one before). [noncuratlex]

* Sorry, Judge Steiner, you wuz robbed; you should have been our Judge of the Day. It’s tough to top “allegations of a sexual quid pro quo with a female lawyer and the eye-opening confiscation of carpet from [chambers] for forensic analysis.” [OC Weekly]

William Shatner

* “William Shatner’s Seductive Powers Don’t Create a Fiduciary Duty.” Robyn Hagan Cain explains why. [U.S. Second Circuit / FindLaw]

* Citi settles securities cases for $730 million. Matt Levine is not impressed. [Dealbreaker]

* And Ted Frank is incensed by Bernstein Litowitz’s nine-figure fee request. [Point of Law]

* If you’re already depressed by public ignorance about the Supreme Court, don’t look at the responses to question 9 of this opinion poll. [Penn Schoen Berland]

* Steven Harper — author of a new (and very good) book about the legal profession, The Lawyer Bubble (affiliate link) — offers thoughts on the billable hour in the wake of the DLA Piper overbilling allegations. [New York Times]

* If you hate the government and you hate lawyers more, then you’ll love this. In the past five years, the feds have awarded $3.3 billion to more than 4,700 vendors for legal work. [National Law Journal]

* A year and a half after he was nominated for a Federal Circuit judgeship, and more than a year after his hearing, the Senate finally decided to confirm Richard Taranto. How kind. [Blog of Legal Times]

* Pretty pretty please? Zvi Goffer and Michael Kimmelman would really really like it if the Second Circuit could overturn their insider trading convictions due to unfairness. [Thomson Reuters News & Insight]

* The U.S. News law school rankings are often criticized, and here’s why: if survey respondents “were asked about Princeton Law School, it would appear in the top 20. But it doesn’t exist.” [Chronicle of Higher Education]

* Nevermind the fact that law school applications are down, but Northwestern Law is doing the “responsible thing” and reducing the size of its incoming class — and raising tuition by 3% to boot. [Wall Street Journal]

* Jason Rapert, the Arkansas senator who passed a fetal-heartbeat abortion ban in his state, says he “has no time” for anyone who says it’s unconstitutional. To paraphrase, ain’t nobody got time for that. [New York Times]

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