Andrew Cuomo

I remain consistently dumbfounded by Cy Vance.

* Now that people have suddenly decided that sexual harassment is a real problem, can we revisit the guy with the lifetime appointment whose Senate confirmation testimony has been branded false by multiple accusers? Just a question from New York Magazine. [New York]

* New initiative aims to mint more lawyers through apprenticeship to avoid law school debt. [The Root]

* The keys to a great law firm website. The article doesn’t mention it, but “dank memes” should be your top priority. [Forbes]

* Vivia Chen thinks Michael Cohen’s story about paying off Stormy Daniels makes him a pimp, which is… pretty fair actually. [American Lawyer]

* Department of Justice tells judge that Donald Trump does have it in for CNN but that’s not a reason to block the AT&T merger. “Oh Kent, I’d be lying if I said my men weren’t committing crimes.” [National Law Journal]

* Who’s paying Schulte Roth & Zabel? That’s the big question in the ongoing New York state government corruption case. [New York Times]

* The Trump administration is planning to ask the Supreme Court for assistance in dismantling DACA. That is, because “[i]t defies both law and common sense” that a “single district court in San Francisco” has halted the Trump’s plans, the Supreme Court must intervene. [Washington Post]

* Unlike the vast majority of law review articles, here’s one you may actually care about: According to the Harvard Law Review, Trump’s tweets aren’t law. We’re thrilled to report this isn’t fake news. [National Law Journal]

* Some law schools are moving full steam ahead in their quest to accept the GRE over the LSAT for admissions purposes, but not this one. Marquette is going to sit around and wait for the ABA to make a decision before it does anything. [Marquette Wire]

* Twenty-two state attorneys general have filed suit against the FCC in an effort to stop the repeal of net neutrality rules. Cross your fingers that something good happens here before your bill for internet access goes up. [San Francisco Chronicle]

* Facing a $4.4 billion budget deficit, Governor Andrew Cuomo wants New York to pay for a study to see what the health, economic, and criminal justice impacts of legalizing recreational marijuana would be in the state. [New York Law Journal]

* Yesterday, New Jersey lawmakers unanimously voted to approve former Bergen County Prosecutor Gurbir Grewal’s nomination to be state attorney general. Grewal is the first Sikh attorney general in U.S. history. Congratulations! [NJ.com]

* Former White House chief strategist Steve Bannon has apparently “lost his mind,” and now he’s found himself on the receiving end of a cease-and-desist letter from President Trump’s lawyers, with claims that he’d not only violated his employment agreement with the Trump Organization, but that he’d likely defamed Trump. [Washington Post]

* According to Governor Andrew Cuomo, New York will be filing suit against the government over the new tax plan, contending that its limitation on SALT deductions constitutes unconstitutional “double taxation.” Will other states with high local taxes get on board? [Big Law Business]

* In an effort to beat a deadline, Attorney General Jeff Sessions is using his executive authority to appoint almost 20 interim U.S. attorneys. The jurisdictions where these appointments were made include districts in California, Florida, Guam, Hawaii, Louisiana, Michigan, Minnesota, Missouri, New Jersey, New York, New Jersey, Rhode Island, the Virgin Islands, and Washington. [NBC News]

* There were 102 law firm mergers in 2017, topping a record that was previously set in 2015. Now, just a few days into 2018, law firm mergers are still going strong and show no sign of stopping, and it may be because younger managing partners have replaced their baby boomer predecessors. [American Lawyer]

* Earlier this week, Judge Adrienne Nelson was appointed to the Oregon Supreme Court by Governor Kate Brown. Nelson is the first African-American to ever serve on the state’s high court. Congratulations on making history, Your Honor! [Oregonian]

* Yet another DOJ veteran is leaving for greener pastures in academia. This time, it’s Doug Letter, director of the Civil Division appellate staff, who will bring 40 years of government service experience to Georgetown Law, where he’ll join the school’s Institute for Constitutional Advocacy and Protection. [National Law Journal]

* You can shake a female co-worker’s hand and not get cooties, I promise. [Adequate Man]

* Why did you decide to go to law school? [Corporette]

* A Freedom of Information Act request has revealed the stunning way the Department of Homeland Security ordered its agents to treat Congresspeople and lawyers in the aftermath of the travel ban. [Daily Beast]

* How will you survive if your legal job is replaced by artificial intelligence? [Law and More]

* Oliver Stone has gotten to the CIA. [Politico]

* Like true crime TV shows? You’ll appreciate Netflix’s new spoof. [Salon]

* The Trump administration does not understand the whole concept of popularity. [Lawyers, Guns & Money]

* Who can help Governor Cuomo solve his transit woes? [Cityland]

* Hot on the heels of the news that Amazon would be purchasing Whole Foods, legal nerds wanted to know which firms would be handling the $13.7B transaction. SullCrom is representing Amazon and Wachtell is representing Whole Foods in Bezos’s bid to sell asparagus water on Prime. [Texas Lawyer]

* Governor Andrew Cuomo has nominated Appellate Division Justice Paul Feinman to replace the late Judge Sheila Abdus-Salaam on the New York Court of Appeals. If confirmed, Feinman will be first the first openly gay judge to be seated on the bench of New York’s highest court. Congrats! [Journal News]

* But her his emails! The state of Indiana will be paying “small-town firm” McNeely Stephenson $100K to handle a backlog of public records requests having to do with the contents of then Governor Mike Pence’s private AOL account from which he conducted state business over email. [Chicago Tribune]

* Shortly after a mistrial was declared in Bill Cosby’s sexual assault case, his spokesman had some sarcastic remarks to share with those who represented the comedians accusers: “For all those attorneys who conspired — like Gloria Allred — tell them to go back to law school and take another class.” [FOX News Insider]

* Legal documents related to the dissolution of annoying jingle firm Cellino & Barnes are currently under seal, but several media outlets are trying to convince a judge to unseal the records because the “litigation over the dissolution of [the firm] is an issue of local and national importance.” [New York Daily News]

* “They’ve been great at dodging this. But they know they’re not going to be able to dodge it for much longer.” New York City may finally do away with its nearly century-old ban on dancing in restaurants, bars, and clubs thanks to a proposed a bill seeking the repeal of the city’s 1926 “Cabaret Law.” [New York Post]

A terrible blow for the legal community.

* In the dead of night, Andrew Cuomo vetoed a bipartisan bill to fund legal services for the poor. [The Slot]

* Fighting the good fight for open access to courtrooms around the country. [Katz Justice]

* Is this a good way to avoid a lawsuit with your therapist? [Law and More]

* Regrets? Chuck Schumer has a few. [The Hill]

* India’s Supreme Court bans political campaigns based on identity politics. [New York Times]

* Excellent advice: always check the dataset. [Lawyers, Guns & Money]

* President-elect Donald Trump’s pick for secretary of labor, fast-food executive Andrew Puzder, is a critic of the Obama Administration’s regulation in this area (and he’s a former litigator, interestingly enough). [Washington Post]

* Judge Bill Pryor (11th Cir.), a top SCOTUS contender in a Trump Administration, is beloved by conservatives — but confirming him could be a battle. [Bloomberg BNA via How Appealing]

* The Arkansas Supreme Court rules that married lesbian couples can’t put the names of both spouses on their children’s birth certificates. [WSJ Law Blog]

* SEC enforcement chief Andrew Ceresney will leave the agency by the end of this year; where might he wind up? [Law.com]

* Governor Andrew Cuomo met with the feds in connection with the corruption case brought against some of his former aides. [New York Times]

* Michael Jordan’s latest court victory — in an IP case in China. [Bloomberg]

* Alabama prisoner Ronald Smith is executed after the Supreme Court denies a stay, leaving SCOTUS review of the state’s unique “judicial override” system for another day. [New York Times via How Appealing]

The lawsuit pits poor New Yorkers, and the hotel lobby, against middle-class New Yorkers, and the internet.

* Based on reading the oral-argument tea leaves, it sounds like the Supreme Court is about to school the teachers’ unions (and public-sector unions more generally). [How Appealing]

* Ring in the new year by making the register ring: a slew of Biglaw firms have secured (presumably lucrative) engagements working on the proposed $32 billion merger between drug makers Shire Plc and Baxalta Inc. [American Lawyer]

* By a vote of 82-6, and after a wait of more than 400 days, the Senate just confirmed Judge Luis Felipe Restrepo to the Third Circuit, making him the first Hispanic federal judge from Pennsylvania to sit on that court. [Associated Press]

* Good news for fantasy-sports fans: it’s not (yet) “game over” for DraftKings and FanDuel, thanks to a stay issued by a New York appellate court. [Bloomberg News]

* And bad news for student-loan-saddled law grads (like our own Shannon Achimalbe) who were hoping that SCOTUS might make it easier to discharge such debts through bankruptcy. [Wall Street Journal via ABA Journal]

* Does Sean Penn face legal risk for his interview of El Chapo, the infamous Mexican drug lord? [ABA Journal]

* A former federal prosecutor just secured a six-figure settlement and reinstatement from the Justice Department. [National Law Journal]

* U.S. Attorney Preet Bharara — who came so, so close to winning Lawyer of the Year honors — announced that Governor Mario Cuomo is off the legal hook for his controversial shutdown of the Moreland Commission, a panel aimed at investigating public corruption. [Law360]

* Avvo is starting to roll out a service featuring fixed-fee, limited-scope legal services through a network of attorneys (and Bob Ambrogi has the scoop). [Law Sites]

* Professor Peter J. Henning explores the implications of the end of the government case against hedge fund magnate Steve Cohen. [DealBook / New York Times]

The legal profession just lost one of its great leaders.

* Blame Kelly Drye for the lack of exotic snake regulations, because what could go wrong in an unregulated market for spitting cobras? [Slate]

* New York Governor Andrew Cuomo is instating mass pardons for youthful offenders. [New York Times]

* A Texas alumni group has apologized for calling Justice Scalia a racist. I guess scientists are made of sterner stuff. [Chronicle of Higher Education]

* The founding fathers were better about defending the rights of Muslims than (some) modern Republicans. [Washington Post]

* Preet Bharara’s latest target — the evils of auto-subscribing. [Law and More]

* Ah, the Christmas season. That time of the year when customer service is paradoxically at its best and worst. [That’s My Argument!]

* The verdict against former White House counsel J. Michael Farren has been affirmed by the Connecticut Appellate Court. [Legal Profession Blog]

Ed. note: Above the Law will not be publishing on Monday, May 25, in observance of the Memorial Day holiday.

* The settlement deal between Target and Mastercard over the 2013 data breach is dead after failing to garner the requisite issuer support. Proposed settlement: $19 million. Years of protracted litigation: Priceless. [Credit Union Times]

* High school teacher who admitted she and another teacher had a threesome with a 16-year-old student got off — well, legally — with a slap on the wrist. Folks are starting to wonder if her dad being a sitting district judge had anything to do with that. [Times-Picayune]

* On a similar note, Mama June of Here Comes Honey Boo Boo… fame? Is she famous? Whatever. The point is Mama June is toying with suing the TLC Network because they canceled her show over a child molester, but haven’t nuked 19 Kids and Counting in the wake of its brewing molestation scandal. When you consider these hit shows starring inbred hillbillies with molestation issues, remember that TLC stands for “The Learning Channel.” [TMZ]

* Lawmakers pushing back against Governor Cuomo’s proposal to appoint an independent monitor to investigate police-related civilian killings. One skeptical State Senator proclaims, “What I do know is that it treats police officers different than other citizens.” Yes, because right now the police get the same kid gloves grand jury presentations the rest of us do. [Capital New York]

* Texas prosecuted 115,782 truancies in a year, levying hefty fines and doling out jail time to kids as young as 12. Well hello there prison-industrial complex! [Al Jazeera America]

* Are the Yankees and A-Rod gearing up for arbitration… or settlement? I don’t know, why wouldn’t you want to put a warm, likeable guy like him in front of a panel? [Concurring Opinions]

* Judges must be the loneliest people on social media… [The Daily Record]

* Merely complaining to your boss is enough to trigger anti-retaliation provisions according to the Second Circuit. So feel free to call up that partner you hate… [JD Supra]

* Following the divisive decision in Shelby County v. Holder, voting rights cases may be heading back to the SCOTUS sooner than we thought. Thanks, Texas and Wisconsin. [USA Today]

* Bienvenidos a Miami? Cities compete to be designated as sites where global arbitration matters are heard. Miami is an up-and-comer, but New York is king. [DealBook / New York Times]

* Thanks to anonymous donors, the reward for info related to FSU Law Professor Dan Markel’s murder has been raised to $25,000. Not a single suspect has been named since his death. [Tallahassee Democrat]

* After losing the Democratic primary to Gov. Andrew Cuomo, Professor Zephyr Teachout drank some gin and tonics like a boss before returning to her class at Fordham Law to teach property. [New York Times]

* Try as he might, the Blade Runner just can’t outrun the law: Oscar Pistorius might have been cleared on the murder charge he was facing, but now he’s been found guilty on a culpable homicide charge. [CNN]

* Judge Posner dished out a whole lot of benchslaps at yesterday’s Seventh Circuit arguments over Indiana and Wisconsin’s bans on same-sex marriage. [BuzzFeed]

* Major U.S. and Canadian law firms chow down on Burger King’s whopper of a deal with Tim Hortons. [Am Law Daily]

* A recent Delaware court ruling on attorney-client privilege might allow in-house lawyers to speak more freely about wrongdoing at their companies, according to Professor Steven Davidoff Solomon. [DealBook / New York Times]

* The corruption trial of former Virginia governor continues; yesterday Bob McDonnell’s sister took the stand. [Washington Post]

* A favorable evidentiary ruling for Aaron Hernandez. [Fox Sports]

* And good news for Zephyr Teachout and Tim Wu, the two law professors running for governor and lieutenant governor of New York: the Times dissed their opponent, Andrew Cuomo, with a non-endorsement. [New York Times]

* I recently spoke with one of my cousins Joao Atienza of the Cebu Sun Star, about Above the Law and the world of legal blogging. [Cebu Sun Star]

* Donald Trump is suing to get his name removed from the Trump Plaza and Trump Taj Mahal in Atlantic City because his reputation is tarnished by tacky façades dedicated to giving off the mere illusion of success. [Bloomberg Businessweek] * Beset by corruption allegations, Governor Cuomo is using funds out of his campaign war chest to fund his defense rather than squandering taxpayer dollars. Ball’s in your court neighboring state governor. [North County Public Radio] * Beau Brindley, a benchslap legend, is now the subject of his very own federal criminal probe after allegedly encouraging a client to lie under oath. A tipster told us last year “this won’t be the last you hear of [Brindley].” How prophetic. [Chicago Sun-Times] * The woman given a forced blow job simulation for the glory of a 7-inch Burger King burger is speaking out. [Copyranter] * The Women’s World Cup is scheduled for next year in Canada, but a number of high-profile players are threatening — with the help of Boies, Schiller & Flexner and Canadian firm Osler, Hoskin & Harcourt — to sue FIFA for discrimination over its plan to subject the women’s tournament to artificial turf. Are you suggesting FIFA is a disastrously flawed organization? Get out. [Fox Sports] * Guess what? Your insurance company isn’t made up of the worst people on the planet. Unless you use this insurance company. Because then, maybe it is. [Gawker] * A Harvard Law grad wanted to install an intercom so he invented a system known as “Nucleus” that does the job for less than $200. [Technical.ly Philly] * If you’re interested in the fun and exciting world of startups, head on out to Legal Tech SF’s Startup Weekend. It’s August 15-17 at Airbnb headquarters. I assume after August 17 the location reverts to the headquarters of some other company. [Legal Tech SF]

A prominent law professor believes Governor Cuomo should resign if these allegations prove true. He probably won't.

Which high-profile law professors are running for governor and lieutenant governor of New York?

If the Bills stay in Buffalo, lawyers will make New York pay through the flared nostrils.