* 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]
As a law blog, we write about beauty queens far more than you’d expect, but that’s only because so many of them have gone to law school (DaNae Couch, Texas Tech law student recently crowned as Miss Texas; Adrielle Churchill, Arkansas law student crowned as Miss Arkansas in 2010), enrolled in LL.M. programs (Vasuki Sunkavalli, crowned as Miss India in 2011), or gotten themselves into some serious legal hot water (like Kumari Fulbright, Arizona law student and convicted felon).
Today, we bring you the story of Sheena Monnin, the former holder of the Miss Pennsylvania title. Monnin never went to law school, but she recently had the (dis)pleasure of being schooled in the law by none other than Donald Trump after making some scandalous remarks about the Miss USA pageant on her Facebook page (e.g., that the competition was “fraudulent” and “trashy”). Monnin’s no Miss Congeniality, that’s for sure.
As can be expected, this Janice Dickinson look-alike knew that she wasn’t going to have a very merry Christmas when she found out that she owed The Donald $5 million….
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.