* You know what’s really got to suck hard? Turning down a Supreme Court nomination to be governor, and then losing your gubernatorial re-election bid. Mario Cuomo is the Bad Luck Brian of our time. [New York Daily News]
* And speaking of bad luck, this prominent antitrust lawyer is like the harbinger of Biglaw doom. In the last four years, Marc Schildkraut has bounced from Heller to Howrey to Dewey. Good luck to his new firm, Cooley LLP. [Washingtonian]
* Another judge — this time from the S.D.N.Y. — has found that the Defense of Marriage Act is unconstitutional. Paul Clement, the patron saint of conservative causes, is probably facepalming right now. [Reuters]
* “I don’t know how you all practice law in Texas.” It looks like the judge presiding over the Roger Clemens case hasn’t been keeping up with all of our crazystories from the Lone Star state. [Wall Street Journal]
* “[T]he epitome of unprofessionalism”: State Attorney Angela Corey couldn’t take the heat from Harvard Law professor Alan Dershowitz, so she threatened to sue the school and get him disbarred. [Orlando Sentinel]
* “What did you guys do to deserve me? How did you guys get stuck with this? Ay yi yi.” At least Jerry Sandusky’s got a sense of humor about a potential 500 year sentence. [Thomson Reuters News & Insight]
* The election outlook for birthers may not be so bleak after all. Sure, Orly Taitz lost her bid to be a senator, but Gary Kreep might get to be a judge in San Diego County. We’ll find out later today. [North County Times]
As many of you may know, on Wednesday May 23, the NFL Players Association filed suit against the 32 NFL teams in the case White v. National Football League, arguing that the NFL teams “engaged in a secret, recently-revealed collusive … agreement” to suppress player salaries and impose a $123 million salary cap for the uncapped 2010 season. Last week, Elie Mystal shared his thoughts on the lawsuit. Elie has since invited me to add some thoughts from a sports law perspective….
The National Football League seems to be an unstoppable force of nature, led by a commissioner, Roger Goodell, who has managed to collectively bargain his way into being judge, jury, and executioner of league policy. NFL players often have to go outside of league offices and to United States courts to have their grievances heard, except that the NFL is just as indomitable in court as it is everywhere else.
But if you are going to defeat the NFL in court, claiming collusion is a better bet than most. The NFL has been busted for it before. And it’s really not that hard to infer when 32 or so owners get together to make a market crushing deal….
* Statistically speaking, with its current line up, the Supreme Court is the most conservative that it’s been since the 1930s. This chart makes even Justice Kennedy look conservative. [FiveThirtyEight / New York Times]
* And another one gone, and another one gone, another one bites the dust: earlier this week, Dewey lost an antitrust partner to Arent Fox. That brings the firm’s grand total of partner defections to 38. [Am Law Daily]
* Jerry Sandusky’s trial has been postponed until June to due to “logistical contingencies” — like a motion to dismiss all of his child sex abuse charges. Meh, it’s no big deal. Same verdict, different day. [Bloomberg]
* And on a similar note, Warren Jeffs tried — and failed — to appeal his child sex abuse conviction. Because apparently that’s what happens when you represent yourself in the hopes of overturning a life sentence. [CNN]
* Lindsay Lohan’s supervised probation has ended, and for the time being, her legal woes are over. When will she screw up again? I’m going to give her three months, and that’s being really generous. [Daily Telegraph]
Be careful what you write when you’re young and idealistic.
In 2003, David Wolfe, a lawyer who works alongside Cherie Blair at top London human rights shop Matrix Chambers, decided he was unhappy with the way the British legal hierarchy works. So he co-signed an open letter criticising the Queen’s Counsel (QC) system –- a process that sees a handful of barristers (British trial lawyers) promoted to the elite QC rank each year, enabling them to charge clients more money. “The QC system cannot be justified as being in the public interest or promoting competition,” the letter stated.
Nine years on, and last week Wolfe found himself made up to QC — an honour which, despite the name, involves no input from the Queen or her family members. He didn’t decline. Indeed, all QCs have to actively apply in order to gain the title. Unfortunately for Wolfe, someone mentioned his youthful letter to RollOnFriday, a widely read U.K. legal blog.
When contacted about the letter, Wolfe responded….
* And now another reason for lawyers to hate other lawyers (even more than they already do): Westlaw and LexisNexis are being sued for copyright infringement for selling access to publicly filed legal documents. [WSJ Law Blog]
* After finally realizing that he was a lawyer and not an agent — and that his most infamous client wasn’t worth as much as he thought — Jose Baez dropped Casey Anthony like a bad habit. [Miami Herald]
* Obama has officially nominated William Baer, an Arnold & Porter partner, to run the DOJ’s antitrust division. Get ready for an election year confirmation showdown between the parties. [New York Times]
* Newt Gingrich has dropped out of the Virginia ballot lawsuit that was originally filed by Rick Perry. What does this mean for his campaign? Is he giving up his plans for the presidency, too? [Washington Post]
* Here’s a great refresher on all things Prop 8 in anticipation of today’s ruling from the Ninth Circuit. This is happening on West Coast time, so check back for our coverage this afternoon. [Poliglot / Metro Weekly]
* Sorry, bridge and tunnel people, but it looks like you’re going to have to keep paying increased prices at the tolls. AAA of New York and North Jersey lost a bid to block collection of the fee hikes. [Bloomberg]
* It’s about time people remembered there’s no such thing as privacy anymore, but in case you forgot, Google is here to remind you. Say hello to the company’s latest plan for internet domination. [Washington Post]
* Two men from West Virginia claim that they were sexually assaulted by Andy Dick in a nightclub. The long and short of this lawsuit: Andy Dick has been accused of allegedly acting like Andy Dick. [Toronto Sun]
The lawsuit is doomed. The antitrust argument seems to be that the A.B.A. is limiting the number of law schools. But there are 200 A.B.A.-approved law schools, so if the council’s secret agenda is to limit competition, it’s doing a lousy job.
* Searching for the perfect holiday present? Via Professor Glenn Reynolds: “As A Christmas Gift, Tell Your Friends and Relatives They’re Fat.” [Instapundit]
* If a Republican wins the White House in 2012, who might get nominated to the U.S. Supreme Court? Mike Sacks offers up a star-studded SCOTUS short list: the brilliant and genial Brett Kavanaugh, the fabulous Diane Sykes, certified superhottie Jeffrey Sutton, emerging feeder judge Neil Gorsuch, and star litigator Paul Clement. [Huffington Post]
* Another proposal on law school transparency. What is this “gainful employment” of which you speak? [Law School Transparency]
* If you can’t find gainful employment, well, maybe you can score a $500 reward from a concerned parent. [The Legal Satyricon]
* Speaking of Marc Randazza, here’s an interview in which he discusses “putting the nail in copyright holding company Righthaven’s coffin.” [WebmasterRadio.FM]
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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: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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