Please convey my congratulations to Bryan Garner on inventing a new form of arbitration. Two parties have a dispute; one appoints an arbitrator to resolve the dispute; the other disputant is not consulted. How beautifully that simplifies arbitration! No need for the parties to agree on an arbitrator, or for the American Arbitration Association to list possible arbitrators and the disputants cross out the ones they don’t like.
* When asked whether she thought Edward Snowden was “a whistleblower or a traitor,” Justice Ruth Bader Ginsburg politely declined to answer — justices of the Supreme Court don’t just give previews of their opinions. [CNN]
* Ed Siskel recently left his role as deputy counsel in the Office of White House Counsel. It’s anyone’s guess which Biglaw firm added Gene Siskel’s nephew to its practice. Hopefully it’ll get a thumbs-up. [Politics Now / Los Angeles Times]
* It’s a “tale of two law schools”: the kind that place their students in jobs and the kind that let them languish in unemployment or underemployment. More on this tomorrow. [National Law Journal]
* Two NYU Law students’ emails were subpoenaed after they denounced the business activities of one of the law school’s trustees. Now, we’re not going to say that the school picked a side, but… [DNAinfo]
* Congrats, you can “Like” General Mills all you want without fear of arbitration. The company was so overwhelmed by negative consumer response that it withdrew its new legal terms. [New York Times]
It is almost always a waste of time to sue Chinese companies in United States courts. But this seems to be news to many American lawyers.
Just about every month, my firm gets a call from a lawyer somewhere in the United States expecting us to jump at the chance to help enforce a multi-million dollar U.S. court judgment against a Chinese company.
The problem is China does not enforce U.S. court judgments…
* If Biglaw firms wants to get back into a financial sweet spot like in their days of yore, they had better get in on these billion-dollar international arbitrations while the getting is good. [DealBook / New York Times]
* Women lawyers, please take note: your future depends on it. Apparently the key to making partner in Biglaw is to get the backing of general counsel at big money corporate clients as a gender. [Corporate Counsel]
* ¡Ay dios mío! ¡Escándalo! Holland & Knight yoinked 10 attorneys, including three partners, right out from under Chadbourne & Parke’s nose to open up its new Mexico City office. [South Florida Business Journal]
* “If we actually got another million dollars going forward to spend on something, is the highest and best use to produce attorneys?” Even in a flyover state like Idaho, the answer to that question is a resounding yes when it comes to law school expansion. [Spokesman-Review]
* “A jurisprudence of ‘don’t ask, don’t tell’ does not properly safeguard [a defendant's rights].” California Justice Goodwin Liu is raging against policies on race-based peremptory jury challenges. [The Recorder]
* “I’ve been doing Paula Deen in a strongly metaphorical sense.” The magnate of marmalade’s case may be settled, but that doesn’t mean sanctions have been taken off the table. [Courthouse News Service]
* The hefty price of killing? Following his acquittal in the death of Trayvon Martin, George Zimmerman is now asking Florida to pay for his legal expenses, to the tune of $200,000 – $300,000. [Orlando Sentinel]
* Judges on the Third Circuit bench must really ♥ boobies. Breast cancer awareness bracelets can’t be banned by public schools if they aren’t lewd and if they comment on social issues. [Legal Intelligencer]
* A bevy of Biglaw firms were involved as advisers in the sale of the Boston Globe, Newsweek, and the Washington Post, including Cleary Gottlieb, Cravath, and Morgan Lewis, among others. [Am Law Daily]
* After surviving a motion for disqualification, Quinn Emanuel will continue to represent Snapchat. A short video of John Quinn laughing his ass off will be available for the next 10 seconds. [TechCrunch]
* Alex Rodriguez, the only MLB player who will be appealing his drug-related suspension, has hired Reed Smith and Gordon & Rees to hit it out of the park during arbitration proceedings. [Am Law Daily]
* Don’t say we never did you any favors: Here are the top 5 mistakes new in-house counsel make from the perspective of outside counsel. Take a look before you make them yourselves. [Texas Lawyer]
* We saw this coming back in June (seventh item), but now it’s official. Prenda Law has dissolved after posting six figures in bonds for various ethical sanctions. Next step, bankruptcy? [National Law Journal]
Ed. note: We hope that you had a great July 4th — and that you’re enjoying a four-day weekend. But if you’re at work today and looking for diversion, check us early and often — we will be posting today (although on a reduced publication schedule).
* Lawyer of the Day Long Weekend: Christopher Kirby, whose profanity-laced tirade at the mother of a special-education student during a school board meeting has gone viral. Stay classy, Chris. [New York Daily News]
It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way.
– Charles Dickens
In addition to opening A Tale of Two Cities (affiliate link), this extended quotation kicked off Professor Pam Karlan’s comments when asked to provide some measure of sense to the Supreme Court’s rights jurisprudence this Term. And by that I mean she read the entire quote to an audience of people whose body language screamed out, “yeah, we got it” after the word “foolishness.”
The passage (at least the gist of the passage), however, is apropos. This Term saw a voter registration law struck down in Arizona, even though Section 5 of the Voting Rights Act is likely to follow it out the door. As Elie is quick to point out, the black community is likely to get hammered by the Court, yet Professor Karlan thinks that the gay community is going to win, either this year or next.
Karlan, and her fellow panelists at Netroots Nation, outlined a theory that ties these competing decisions together — at least until Monday, when the Court might shoot the whole logic down…
The third week of June is a frustrating time to follow the Supreme Court.
If there’s any institution in contemporary America that understands ceremony, it’s the Court. Such a self-consciously dramatic institution is, in no way, going to underestimate the importance of timing in issuing opinions. The Justices know that there’s a big difference between a story — or a history book — that starts “On the last day of the Term, the Supreme Court decided,” versus “On the third to last day of the Term….”
There is, in short, just about zero chance that this close to the end, yet not quite at the end, the Supreme Court is going to issue an opinion in the Texas affirmative action case, the Voting Rights Act case, the challenge to the Defense of Marriage Act, or the California Proposition 8 case.
And yet, the Court still issues opinions. And we still line up to hear them, or push SCOTUSblog’s liveblog viewer-count to even higher numbers, even if we all know, or should know, that the opinions we get are not opinions that will resonate through the ages.
Today, the Supreme Court did issue three opinions. And one of them is important, if only for disaffected teenagers. The rest you may not care about, unless you’re a felon with a gun or you ever signed an arbitration agreement….
* President Barack Obama recently nominated two attorneys for the Federal Circuit who are being referred to as “noteworthy” because of their ethnicity (Asian American) and sexual orientation (openly gay). Let’s hear three cheers for diversity! [Blog of Legal Times]
* Dewey & LeBoeuf and Howrey have something in common aside from going down in a gigantic ball of flames that rocked Biglaw as we know it. Both firms’ fine art collections will soon be auctioned off by Adam A. Weschler & Son Inc. [WSJ Law Blog (sub. req.)]
* There’s nothing like acting like the product you’re selling: MGA, the maker of Bratz dolls, would like to have Orrick’s $23 million arbitration award vacated because paying your legal bills is so passé. [The Recorder]
* We briefly noted California’s new bar passage mandate for state-accredited schools here, but now a law school is suing over it, claiming the bar examiners are “waging a vendetta” against it. [National Law Journal]
* The NCAA wants to get Pennsylvania Governor Tom Corbett’s suit over PSU’s Sandusky-related penalties tossed, with a harsh reminder that hurt feelings have absolutely nothing to do with antitrust law. [Bloomberg]
* Dewey know how much money this failed firm has run up on its tab for legal advisers since May? It’s quite the pretty penny — $14.8 million — and that amount actually includes some pretty ridiculous fees and charges, like $21,843 for photocopies. [Am Law Daily]
* Everyone’s glad that we didn’t nosedive over the fiscal cliff, but the people who are the most excited about it seem to be Biglaw partners. This wasn’t the best bill, and more uncertainty means more work, which means more money. [National Law Journal]
* It looks like we’re never going to find out what the Justice Department’s legal justification was for the targeted killing of Anwar al-Awlaki, because a federal judge upheld the validity of its secret memo. [New York Times]
* Everyone flipped out over Instagram’s money filter, but they’re keeping relatively quiet about this mandatory arbitration provision. Quick, post some pseudo-legalese on your Facebook wall. [WSJ Law Blog (sub. req.)]
* Good news, everyone! Thanks to this ruling, in Virginia, you can be as nasty and negative as you want to be on Yelp without fear that your voice will be censored… kind of like the Above the Law comments. [All Things D]
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 seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.