Alex Kozinski

Morning Docket

Morning Docket: 09.17.18

* Sexual misconduct allegations against Supreme Court nominee Judge Brett Kavanaugh were recently brought to light and while he may be spending his time "hoping and praying" before the vote, his supporters say it's highly likely he'll be confirmed anyway. [Big Law Business] * Well, except for the fact that senators are calling for the delay of Kavanaugh’s confirmation vote now that his accuser has come forward to reveal the details of the judge’s alleged attack on her when they were students in high school. [NBC News] * And was Judge Kavanaugh a member of Judge Alex Kozinski's sexually explicit "Easy Rider Gag List"? Kavanaugh says he doesn't remember receiving any of those emails, but Heidi Bond, one of Kozinski's former law clerks, thinks that there could be a very easy way to find out if the would-be SCOTUS justice is lying. [Slate] * The most controversial Biglaw firm? Federal prosecutors are considering bringing charges against former Skadden partner Greg Craig and taking action against the firm itself in a probe related to Paul Manafort. Will the prestigious Biglaw firm wind up with a civil settlement or a deferred prosecution agreement? [CNN] * Shearman & Sterling has announced that the firm will soon bring Sandra Bang, its first-ever chief diversity and talent strategy officer, into its C-suite. She'll be leading a new global task force aimed at increasing diversity at the Wall Street firm. Congratulations! Perhaps additional firms will follow their lead. [American Lawyer] * The body of Brian Lewinstein, the rising second-year student at Berkeley Law who crossed a safety line and fell while trying to get a picture of Toketee Falls from above, has been found. More than a month had passed since the accident occurred. Our sincere condolences go out to all of his family and friends. [SFGate]

By Staci Zaretsky
Morning Docket

Morning Docket: 08.03.18

* Alex Kozinski, formerly of the Ninth Circuit, disappeared into the shadows after retiring in the wake of sexual harassment allegations. Less than seven months later, he's back in the public eye, and three of his accussers, all lawyers, are none too pleased. [New York Times] * In news that should shock absolutely no one, an attorney who was caught on tape insulting his paralegal on more than 30 occasions -- where he was seen referring to her a "dirtbag" and a "ho" -- has been suspended from practice for one year with six months stayed. [New York Post] * Nelson Mullins recently finalized its merger with Broad and Cassel to create a “super-regional” firm. The new firm will have 25 offices, more than 750 attorneys, and a combined revenue of over $500 million. [American Lawyer] * In other law firm merger news, Fox Rothschild has confirmed that it's in talks with North Carolina firm Smith Moore Leatherwood. Mark Silow, the firm's chairman, cautioned that nothing has been finalized yet. [Philadelphia Business Journal] * Remember Dana Tapper, the UVA Law grad who won money to repay her law school debt on the Ellen DeGeneres Show? She was just sentenced to 20 years in prison (with all but three months suspended) after smuggling drugs and a cellphone in to an inmate serving time for murder. [Richmond Times-Dispatch]

By Staci Zaretsky
Morning Docket

Morning Docket: 07.16.18

* A White House spokeswoman claims that Judge Brett Kavanaugh "had never heard any allegations of sexual misconduct or sexual harassment" made against Judge Alex Kozinski prior to last year when everyone else found out, and an extern who worked in Kozinski's chambers while Kavanaugh clerked is backing him up. [Washington Times] * The art of the deal don't: United Kingdom Prime Minister Theresa May says that President Trump told her she should sue the European Union instead of negotiating when it comes to Brexit options. There's no real cause of action, so she says that won't be happening -- not like that's something that has ever stopped Trump before. [Vox] * President Trump leaned heavily on Biglaw partners for his latest nominations to the federal judicary. Perkins Coie, K&L Gates, and Barnes & Thornburg could soon see representation on the Ninth Circuit, the Western District of Washington, the Western District of Pennsylvania, and the Northern District of Indiana. [The Recorder] * After months of debate, a panel has finally recommended that Florida State rename the law school building via legislative action. It currently recognizes former Florida Supreme Court Chief Justice B.K. Roberts., a " staunch segregationist" who once tried to deny a black student's admission to U. Florida's law school. [Tallahassee Democrat] * "For better or worse, I have become an agent for hope for those that are opposing this president." Michael Avenatti is famous for being President Trump's biggest critic, but he's "using that platform for good." In addition to Stormy Daniels, he now represents parents whose children were separated from them at the border. [AP]

By Staci Zaretsky
Morning Docket

Morning Docket: 07.13.18

* Roy Moore threatens to sue Showtime because he's one of the few people left on the planet that can't recognize Sacha Baron Cohen. [Variety] * Apparently, the court frowns upon handjobs in their conference rooms. [Columbus Dispatch] * The Daily Journal published some thoughts on Justice Kennedy’s retirement from Alex Kozinski, reminding everyone again about that Kozinski-Kavanaugh connection. [Slate] * Law firm leaders are optimistic that they're about to see some growth in demand despite years and years of evidence to the contrary. [American Lawyer] * Opioid dealers incensed that they may have to pay some sort of penalty for all that "human misery." [New York Law Journal] * Washington's AG announces agreement ending fast food non-compete policies for their workers. Yes... fast food restaurants have "non-compete" agreements. [Seattle Times] * Hackers are selling access to law firms for $3500 which isn't a new phenomenon. [CNBC]

By Joe Patrice
Non-Sequiturs

Non-Sequiturs: 06.17.18

* Are you paying too much in mutual-fund fees? If you're paying more than zero, then yes -- or so argue Professors William Birdthistle and Daniel Hemel in this interesting and persuasive op-ed. [Wall Street Journal] * James Comey, FBI director turned author (affiliate link), responds to the criticisms of him in the Inspector General's report. [Althouse] * It's complicated -- but just how complicated? Adam Feldman uses word counts and citations to measure opinion complexity during the current Term of the Supreme Court. [Empirical SCOTUS] * Judge Alex Kozinski (Ret.) pays tribute to the memory of his late colleague on the Ninth Circuit, Judge Stephen Reinhardt. [Concurring Opinions] * If you're confused by why the latest Obamacare litigation over the individual mandate matters, since the mandate was rendered toothless by the recent tax reform, Professor Ilya Somin can help. [Volokh Conspiracy / Reason] * Ethics expert Steven Lubet reviews Ryan Holiday's book (affiliate link) about the Hulk Hogan/Gawker case -- and argues that Peter Thiel's financing of the litigation might have violated legal ethics. [American Prospect via PrawfsBlawg] * Thomson Reuters, a leader in applying artificial intelligence in the law -- we're partnering with them on our Law2020 series, exploring how AI is affecting the legal profession -- also utilizes machine learning to help people trade cryptocurrencies (among many other use cases). [Artificial Lawyer]

By David Lat
Morning Docket

Morning Docket: 01.18.18

* When USA Gymnastics agreed not to go after McKayla Maroney for violating an NDA to report a serial sex abuser it sounded like a dog-bites-man tale of an entity fully aware that sticking to the letter of its NDA would be irresponsible and immoral. But, according to Maroney's attorney, Gymnastics fully intended to pursue damages against Maroney until others came forward and volunteered to help cover her fine. Um... everyone over there needs to be fired. [USA Today] * Ninth Circuit pumps the brakes on legalized prostitution. Seems like they had a judge out there pretty recently who might have dissented. [The Recorder] * Speaking of former judges on the Ninth Circuit, Wilson Sonsini's Katherine Ku discusses her decision to come forward as a former Kozinski clerk. [Litigation Daily] * Rod Blagojevich always seemed, from afar, to be railroaded. Nominating someone to fill a Senate seat actually is a "f**king valuable thing" and it's not like he was seeking a bribe for it, he was trying to make political deals. Now someone has leaked more tapes that the prosecutors kept out of the trial that further confirm Blagojevich's defense that he was mostly trying to use the seat to get infrastructure and health care deals passed. [Chicago Sun-Times] * The Supreme Court's only put out one opinion so far, and some are wondering why they're asleep at the switch. [National Law Journal] * DOJ looking to undermine Escobar and go after companies for violations that the government still finds worthy of reimbursement. [Law360] LGBTQ, Religion, * Gay couple says they received religious damnation flyers from Vistaprint instead of photos. This message brought to you by HP, reminding you that it's not expensive to just buy your own photo printer. [Boston Globe]

By Joe Patrice