Antitrust

Any Tintin fans out there? How ’bout Frank Miller? No? Me neither.

No matter, because we may have a new genre of graphic novels to add to the canon that will specifically appeal to attorneys: the illustrated amicus brief. Yeah. That’s a thing now. happened.

For anyone who has ever been frustrated by a judge’s imposition of silly page limits, just follow the lead of Bob Kohn. He filed a brief regarding the Justice Department’s proposed settlement in the long-standing e-book (so appropriate, right?) price-fixing case involving Amazon, Apple, and some of America’s largest publishers.

Let’s take a look…

double red triangle arrows Continue reading “Why Write an Amicus Brief — When You Can Draw One Instead?”

* Little known fact of the day: the late comedienne Phyllis Diller apparently had a storybook romance with Paul Hastings name partner, Robert Hastings. She once said that her longtime Biglaw beau was the “love of [her] life.” [Am Law Daily]

* The Federal Trade Commission has closed its antitrust review of Facebook’s proposed Instagram purchase, clearing the way for the social networking site’s users to post grainy pictures to their hearts’ content. [Bloomberg]

* A former Vancouver lawyer serving a 15-year sentence for money laundering claims that one of the Mounties who investigated his case played a game of “hide the Canadian bacon” with Judge Ursula Ungaro. [Province]

* A judge who resigned in April has been retroactively removed from office for admitting to having sexual contact with his five-year-old niece. He presided over family court matters. Figures. [New York Law Journal]

* Which accomplishments and activities should you leave off your résumé? A) law review editor in chief; B) second in the class; C) 4.05 GPA; D) nonprofit executive director; E) child porn aficionado. [Willamette Week]

* Stabbing your lawyer is so last season. Another criminal defendant reportedly attacked his defense attorney in court, but this time chose to whack his own counsel in the head with his handcuffed hand. [Boston Globe]

* Looks like someone skipped professional responsibility class during bar prep: the Ninth Circuit denied attorney fees to McGuireWoods in light of an “egregious” ethics violation made in the BAR/BRI antitrust settlement. [National Law Journal]

* Apple rested its patent-infringement case against Samsung yesterday, making way for the rival tech company to begin presenting its case. Jurors must be thrilled that the end is in sight, with just 25 more hours of arguments to go. [Bloomberg]

* Remember the mom-and-dad law grads accused of planting a potpourri of drugs on an elementary school volunteer? Their alleged victim is suing. We’ll have more on this hot mess later. [Orange County Register]

* “The facts don’t seem to support a ‘stand your ground’ defense.” That’s what George Zimmerman’s attorney said yesterday, but the defense team is going to try to get the case dismissed on those grounds anyway. [AP]

* When applying to law school, it’s usually helpful to demonstrate in your application that you actually want to go to law school. Gah, people seriously need to be told these things. [Law Admissions Lowdown / U.S. News]

* “[T]he plaintiff’s tampon was never forcibly removed by any deputy.” First of all, yuck. Second of all, you know that a crazy lawsuit must have been filed when the cops are making public statements like this. [NBC News]

Judge Judy

* Supreme Court Justice Ruth Bader Ginsburg may be the oldest member of the high court, but she’s still one bad ass bitch. She broke two ribs in June, and still fulfilled all of her duties on the bench. We <3 RBG! [Reuters]

* While merchants will now be able to charge more when customers use credit cards, they might not get much else from this Visa / MasterCard settlement because of an American Express catch-22. [New York Times]

* The Garden State just got a little greener (in a sticky icky way): starting today, doctors in New Jersey will be able to register their patients for the Department of Health’s medical marijuana program. [Star-Ledger]

* After some highly questionable opposition from government officials, the city of Macon, Georgia, has approved the placement of a park bench in memory of slain Mercer Law grad Lauren Giddings. [Telegraph]

* Kansas Law received a $1M donation to support scholarships. The dean is thrilled, because the school will be able to compete to attract and retain students who will someday be unemployed. [Lawrence Journal-World]

* The verdict is in on who reigns as the highest paid TV personality. Even if you pee on her leg and tell her it’s raining, Judge Judy will be able to afford the dry-cleaning bill, because she’s loaded. [New York Daily News]

* Even if you’re a ho fo’ sho, that doesn’t mean you can’t do business in a ho-tel, mo-tel, or Holiday Inn. An Australian court ruled that denying prostitutes rooms was discriminatory. [International Business Times]

For the past week, many sportswriters have focused on how lucky they believe Penn State University was to avoid the ‘death penalty‘ to their football program, especially after NCAA President Mark Emmert threatened just that sanction.  What almost nobody is talking about, however, is that the NCAA’s ‘death penalty’ sanction may very well have been illegal under Section 1 of the Sherman Act.  Thus, if the NCAA had attempted to shut down Penn State’s football program, an interesting antitrust challenge could have potentially followed.

For those less familiar with antitrust law, Section 1 of the Sherman Act states that “[e]very contract, combination … or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.“  In practice, this section of antitrust law is not interpreted to literally prohibit all contracts signed among competing businesses.  However, the courts have consistently interpreted Section 1 of the Sherman Act to strike down contracts that are deemed unreasonable in terms of their economic effects.

As a private association composed of member schools that compete against each other for fans and players, all commercial decisions reached by the NCAA or its employees are, in essence, horizontal agreements subject to Section 1 review.  In addition, any agreement by the NCAA to ban a competitor from the marketplace would be defined as a “group boycott,” which falls among the most troublesome types of agreements subject to Section 1 scrutiny…

double red triangle arrows Continue reading “Sports and the Law: Professor Edelman Explains Why Giving Penn State the ‘Death Penalty’ May Never Have Been a Real Option”

A Biglaw football commercial?

* Dewey know whether this revised partner contribution plan will be well received? Well, from the looks of it, the firm’s executive committee members are being asked to repay a greater sum of money, so people will probably be happier. [Am Law Daily]

* Arnold & Porter’s William Baer, the man nominated to lead the DOJ Antitrust Division, received a warm reception from the Senate Judiciary Committee, and it was all because of his “if it ain’t broke, don’t fix it” attitude. [National Law Journal]

* What do you get when you cross a Biglaw patent associate from Steptoe & Johnson with an NFL Redskins quarterback? A pretty cool hobby, and a new Adidas commercial. [Capital Business Blog / Washington Post]

* Up next in this judicial gong show, Madam Justice Lori Douglas’s lawyer has asked the Canadian Judicial Council to recuse itself and terminate the legal ethics inquiry against her client. [Full Comment / National Post]

* You saw this coming: attorneys for the man identified as Victim 2 in the Jerry Sandusky trial have released voice mails allegedly left by the former coach, and plan to use them in a civil suit against Penn State. [CNN]

* A lawyer’s former mistress who attempted to kill his wife on several occasions is expected to take a plea deal today in exchange for a 20-year prison sentence. Sounds like a soap opera plot. [Houston Chronicle]

* “Don’t say another word, because you’re just pissing me off.” Former adjunct law prof Clark Calvin Griffith said some interesting things to a judge during his indecent exposure sentencing hearing. [Pioneer Press]

Which firm will be next?

* 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 crazy stories 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….

double red triangle arrows Continue reading “Sports and the Law: Professor Edelman Weighs in on the New NFL Collusion Suit”

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….

double red triangle arrows Continue reading “Collusion And The Latest Attempt To See If The NFL Is Subject To Laws”

* 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]

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