Antitrust

* With the capture of Boston bombing suspect Dzhokhar Tsarnaev, many legal questions are being asked, like if he’ll be Mirandized, where he’ll be tried, and if he’ll be considered an enemy combatant. [New York Times]

* Thanks for kicking this keg, Mr. Baer: the Department of Justice and Anheuser-Busch InBev have settled their antitrust differences with respect to beer brewery’s planned acquisition of Grupo Modelo. [Legal Times]

* Which firm has a “generous tuition reimbursement” program? And by “generous,” we mean 100% of law school tuition, which is awesome. We may have more on this later today. [Capital Business / Washington Post]

* Stan Chesley, the “master of disaster,” is retiring — not because he wants to, but because he’s disbarred in Kentucky and surrendered his Ohio license before the state could take it from him. [WSJ Law Blog (sub. req.)]

* California may soon follow in New York’s footsteps when it comes a pro bono mandate before bar admission, but the New Jersey Bar Association has an active hit out on the idea. [National Law Journal]

* In an effort to avoid a trial that would’ve lasted longer than their sham marriage did in the first place, fauxlebrity Kim Kardashian and NBA player Kris Humphries settled their divorce last week. [Reuters]

* Morris Kramer, an M&A pioneer and part of Skadden’s “Fab Four,” RIP. [DealBook / New York Times]

* Roger Ebert has died at the age of 70. A great critic (his audio commentary track on the Citizen Kane DVD is amazing), whose work with the late Gene Siskel basically defined film criticism for a generation. At least now we know how we will be judged when we die — a simple thumbs up, thumbs down from Gene and Roger. [Chicago Sun-Times]

* Exploring the link between baseball’s antitrust exemption and Roe v. Wade. It’s more than just saying the Royals are an abortion of a team. [Concurring Opinions]

* “Bring me the head of the person who did this”: the best closing to a C & D letter ever. [Popehat]

* A Rutgers-Camden 3L breaks down the looming sh*tstorm at Rutgers over basketball coach Mike Rice’s treatment of players. [The Legal Blitz]

* If you’ve pulled off a successful robbery, don’t taunt the victim from a traceable phone. I mean, act like you’ve been there before, man. [Legal Juice]

* It is a little funny to say that a city is looking for weaker swimmers to serve as lifeguards, but ultimately this represents the simplistic nature of the anti-affirmative-action argument: no one is saying lifeguards shouldn’t be qualified, just that a system that only privileges a strong swimming résumé will always result in affluent white kids with 10 years of swim classes getting these jobs. [Volokh Conspiracy]

* Lawyers are often jerks, but this is a new twist. Help out a lawyer trying to make it in the small-batch, artisan jerky business.[Kickstarter]

* Maybe there aren’t actual Commies at Harvard Law School, but the ratio of liberals to conservatives/libertarians on the faculty is still extremely high. [Nick Rosenkranz]

* Today is the 50-year anniversary of the SCOTUS decision in Gideon v. Wainwright establishing the right to counsel in criminal cases, but we haven’t got much to show for it except for a still broken system. [National Law Journal]

* “I am 57 years old. Don’t you think it’s time for things to change?” This from a woman whose desegregation lawsuit is still pending after 48 years in federal court. That’s not funny; it’s absurd. [Wall Street Journal (sub. req.)]

* Anheuser-Busch InBev and the Department of Justice are buying their second round in an attempt to work out their antitrust problems with regard to the company’s planned purchase of Grupo Modelo. [Bloomberg]

* Attention Biglaw partners: if you’re looking for a quick way to boost your profits, just follow SNR Denton’s lead — the firm’s profits rose by 12 percent after trimming the fat of underperforming equity partners. [Am Law Daily]

* A random dude wants to pay Casey Anthony $10K in exchange for her promise never to tell her story. OMG, please don’t take the money! I live for the day when Lindsay Lohan plays you in the movie! [New York Post]

Reed Smith’s new managing partner?

* “We are a teaching institution. We teach by not having television. We are judged by what we write.” Justices Kennedy and Breyer aren’t ready for their close-ups — they’re adamantly opposed to cameras in the courtroom. [Blog of Legal Times]

* Another thing Justices Kennedy and Breyer are adamantly opposed to is the sequester. They say that these unnecessary budget cuts will hit the criminal justice system where it hurts: its already overflowing docket. [WSJ Law Blog (sub. req.)]

* A liberal film critic took a shot at Justice Clarence Thomas by likening him to Samuel L. Jackson’s portrayal of the head house slave in Django Unchained. Methinks this is a RACEIST™ comparison, n’est–ce pas? [Reason Magazine]

* Reed Smith has a new managing partner, Edward Estrada, who plans to “aggressively recruit laterals.” No relation to Erik Estrada, but if he gets a pair of those cool sunglasses, we approve. [New York Law Journal]

* A better deal was reached in the BAR/BRI antitrust case. Say goodbye to the coupons, and hello to $9.5 million in cold hard cash… which means you’re going to get like $80 if you’re lucky. [National Law Journal]

* “This is a very disgusting case.” Why yes, yes it is. A mother is suing because she claims her son ate a used condom off the floor of a McDonald’s play area. It’s doubtful that she approved of the special sauce. [Reuters]

Sorry, no free entry, not even for prosecutors.

* Even though Obama wants to “make sure that [he's] not interjecting [himself] too much into this process,” the DOJ may still suggest that the Supreme Court overturn Proposition 8, California’s ban on gay marriage. [Associated Press]

* Anheuser-Busch InBev and the Department of Justice are cracking open a couple of cold ones to settle their differences over antitrust concerns with regard to the company’s planned purchase of Grupo Modelo. [DealBook / New York Times]

* It looks like Steve DiCarmine is being forced to take a break from his rigorous class schedule at Parsons to testify at a Dewey bankruptcy hearing next week. He’ll be happy to hear orange is in this spring. [Am Law Daily]

* Represented by Steptoe & Johnson, Jesse Jackson Jr. pleaded guilty to misusing $750,000 of his campaign funds for personal use. Most interesting purchase: Michael Jackson memorabilia. [Blog of Legal Times]

* When it comes to recruiting new talent, the ability to maintain a “collegial culture” is apparently a selling point for midsize law firms. And here we thought douchebaggery was the way to go. Sigh. [National Law Journal]

* Protip: do not flash your prosecutor’s badge to bypass cover charges and lap dance surcharges at the local strip club. You’re going to get fired. We’ll probably have more on this later. [Riptide 2.0 / Miami New Times]

* Don’t worry ladies, if you’re about to be raped, just pee or puke all over your attacker — or better yet, tell him that you’re on your period. Yeah, that’ll work. These tips are almost as good as “don’t dress like a slut.” [CNN]

* “[T]his is a ridiculous sideshow that’s horribly unbecoming to the parties involved.” The NCAA is now suing over a new Pennsylvania law designed to keep PSU’s Sandusky fines in the state. [San Francisco Chronicle]

* She loves me, she loves me not: media darling Sonia Sotomayor used to be in favor of the use of cameras during Supreme Court arguments, but she’s done a complete about-face on the issue, just like Justice Elena Kagan before her. [National Law Journal]

* Everyone and their mother knows what Antonin Scalia thinks of the State of the Union address, but let’s find out what my colleague Elie Mystal thinks about the good justice’s antics — namely, Scalia’s non-attendance for the past sixteen years. [HuffPost Live]

* American Airlines and US Airways will be merging to create the largest (and most awful) airline in the country. Perhaps the DOJ’s antitrust division can save us from this parade of horribles. [DealBook / New York Times]

* It looks like Team Togut is going to have a crappy Valentine’s Day. They thought that their partner problems were all wrapped up, but according to these filings, it seems that they’ve only just begun. [Am Law Daily]

* If Irving Picard, the trustee in charge of the Bernie Madoff bankruptcy case, is able to get his way, money will soon be raining upon the victims of the massive Ponzi scheme at warp speed. [WSJ Law Blog (sub. req.)]

* This probably isn’t just a “distraction” or “silly sideshow” anymore, because Apple now says it will be fighting Greenlight’s attempt to block the tech company from restricting its issuance of preferred stock. [Bloomberg]

* Instragram has asked a federal court to toss a lawsuit over changes to the photo-sharing app’s terms of service because it contests that users still own the rights to all of their fugly Walden-filtered pictures. [Reuters]

* Remember Kenneth Kratz, the former Wisconsin prosecutor who referred to himself as “the prize”? He’s settled his sexting suit with Stephanie Van Groll, also known as the “hot nymph.” [Twin Cities Pioneer Press]

* Go to grad school at Lehigh for free: check. Sue for $1.3M over your C+: check. Get chastised by a judge over your ridiculous lawsuit: check. Whatever, we still beat Duke, and that’s really all that matters. [Morning Call]

* Antonin Scalia thinks the State of the Union is a “childish spectacle.” I mean, if it was so important, the Founders would have put it in the Constitution, right? [New York Daily News]

* Does your son or daughter want to be Barack Obama when they grow up? Here are complete instructions to building your own play drone! [Volokh Conspiracy]

* Snickers bars are not tax deductible? Damn you H&R Block!!! [Tax Prof Blog]

* Yesterday I mused about needing a ranking for the rankings. PrawfsBlawg points out that there is such a ranking. My dreams of glory are dashed yet again. [PrawfsBlawg]

* It turns out recruiters are just as unimpressed with your legal research skills as your non-law friends. [Monster]

* Allegedly, Nestle’s does not play well with others. [Courthouse News Service]

* Is it just me or is giving the Republican response like being named the Madden cover athlete? Now let’s all watch Marco Rubio realize he needs water in super slow motion. [Deadspin]

* Rand Paul “doesn’t really understand” gay marriage. Let me help him out: it’s something that’s none of the government’s business. HTFH. [Huffington Post]

* And neither does Aaron Schock. [BuzzFeed]

* “Just how crippled is the legal job market? Utterly.” The Atlantic added value to the law school application story that the New York Times just posted without linking to anybody. [Atlantic Wire]

* I can see how Budweiser buying Modelo raises antitrust concerns. But since it’s a potential monopoly over “crappy beer,” I don’t really care. [Dealbook]

* Sorry, but I don’t see Manti Te’o suing his gay lover mean persecutor, Ronaiah Tuiasosopo. [The Volokh Conspiracy]

* If Hitler got royalties. [The Schwartz Report]

* The man suspected of shooting Arizona attorney Mark P. Hummels has been found dead. And after earlier optimism, Hummels is now not expected to survive. [ABA Journal]

Some post-Soviet states kept Lenin statues up longer than Penn State kept JoePa’s.

The Commonwealth of Pennsylvania is about to do what the Southeastern Conference (the “SEC” that actually takes down its targets) does every week on the recruiting trail: tell the NCAA to get bent.

Yesterday, Governor Tom Corbett filed a federal antitrust suit in Harrisburg alleging that the NCAA overstepped its authority in dropping the hammer on Penn State’s football program in the wake of the Jerry Sandusky sexual abuse scandal.

Apparently the NCAA may not have quasi-governmental authority to take millions in direct fines from public institutions in an effort to protect its brand name.

Pennsylvanian officials are understandably miffed because Penn State is directly paying millions in fines and missing out on millions more in bowl revenue. Taxpayer dollars intended for the public education of students that had nothing to do with the scandal are being siphoned away from the state to finance programs at the sole discretion of the NCAA leadership and the majority is spent outside Pennsylvania.

The NCAA counters that the criminal activity at Penn State was enabled by a culture of winning-at-all-costs and only the NCAA can appropriately discipline the school for that mindset.

But really this lawsuit comes down to two parties, the NCAA and Corbett, making desperate PR moves to cover their own asses. Is that in poor taste? Sure. Is it in even worse taste that the NCAA and Corbett are using this tragedy for their own purposes? Well let’s look at what they’ve been up to….

double red triangle arrows Continue reading “Pennsylvania Governor and NCAA Go to Court to Cover Their Own Asses”

* While Chief Justice of the United States John Roberts made a plea to keep funding for the federal judiciary intact, we learned that student loan default cases have fallen since 2011. You really gotta love that income-based repayment. [WSJ Law Blog (sub. req.)]

* Introducing the Asia 50, a list of the largest firms in the Asia-Pacific region. When it comes to the firms with the biggest footprints, only one American Biglaw shop made the cut. Go ahead and take a wild guess on which one it was. [Asian Lawyer]

* Congratulations are in order, because after almost a year of stalling, Arnold & Porter partner William Baer was finally confirmed by the Senate as the chief of the Department of Justice’s Antitrust Division. [Bloomberg]

* Our elected officials might not have allowed the country to fall off the fiscal cliff, but the American Invents Act was put on hold, so if you’re a patent nerd, you can still be mad about something. [National Law Journal]

* Remember when Rutgers-Camden Law said “many top students” were making bank after graduation? Yeah, about that: Law School Transparency just filed an ABA complaint. [Thomson Reuters News & Insight]

* Here are some law school trends to look out for in 2013. FYI, the applicant pool is smaller because no one wants to foolishly gamble on their careers anymore. [Law Admissions Lowdown / U.S. News & World Report]

* In the latest NYC subway shoving death, a woman was charged with second-degree murder as a hate crime, and allegedly bragged about other hate crimes she’s committed to police. Lovely. [New York Times]

* Next time you’re trapped on a plane that’s literally filled with other people’s crap for 11 hours, don’t bother suing over your hellish experience — you’re going to be preempted by federal law. [New York Law Journal]

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