Attorney Misconduct

* “I hope you can let this go.” Former FBI director James Comey was writing memos detailing his conversations with Donald Trump to document what he believed were the president’s improper attempts to influence the Michael Flynn investigation. Comey, a damn good lawyer, likely knew that an FBI agent’s notes are admissible in court as credible evidence. [New York Times]

* The Securities and Exchange Commission just got a Biglaw-style facelift: SEC Chairman Jay Clayton, formerly of Sullivan & Cromwell, has asked Willkie Farr partner Robert Stebbins to serve as his general counsel and SullCrom associate Sean Memon to serve as his deputy chief of staff. [Big Law Business]

* Rolling your eyes and calling a federal judge’s ruling on an objection “f*cking bullsh*t” will certainly do you absolutely no favors in Judge Amy St. Eve’s courtroom. In fact, it just might get you suspended from practice for three months and barred from being a lead trial attorney for a year. [Chicago Tribune]

* “I’m an attorney in a capital case!” In videos introduced into evidence during Dylann Roof’s mental competency hearings, the convicted killer said his attorneys were “evil,” “the spawn of hell,” and “liars,” and only wanted to keep them while representing himself “so I can abuse them.” [Post and Courier]

* Drake Law School has entered into an agreement with three historically black colleges and universities to increase its diversity. Entering students will be guaranteed a scholarship to cover at least half of their tuition. Drake’s first-time bar pass rate in Iowa was 82 percent in July 2016. [Iowa Public Radio]

* “When the founders wrote the Declaration of Independence, they invoked our creator four times, because in America we don’t worship government we worship God.” Guess who was awarded an honorary law degree this weekend? It was none other that President Donald Trump, who delivered the commencement address at Liberty University on Saturday morning. [The Hill; TIME]

* The Pink Ghetto (Partner Edition)? A Proskauer Rose partner has filed a $50M gender bias suit against the firm, claiming she was not only paid less than male colleagues, but that she was “overtly objectified based on her sex” when a fellow partner allegedly “made inappropriate comments regarding her appearance, body, clothing, or ‘sexiness'” on numerous occasions. [Am Law Daily]

* Tarra Simmons has quite the résumé: she’s a convicted felon and former drug addict who also happens to be the recipient of a prized Skadden fellowship. Unfortunately, she may not be able to practice law thanks to a recommendation from the Washington State Bar Association’s Character and Fitness Board that she be denied bar admission. She plans to appeal. [Northwest Public Radio]

* Walter “Chet” Little, a former Foley & Lardner partner, has been arrested on insider trading charges that stem from his time at the firm. Soon after finding out about the nature of the charges, Bradley Arant Boult Cummings, his current firm, politely showed him the door. If convicted, Little will likely face quite the lengthy prison term and a fine of up to $5 million. Ouch. [WSJ Law Blog]

* “There was never a question of whether I was going to go to law school or not. It was just when I was going to go….” Chris Carr, a former cornerback for the Baltimore Ravens, is set to graduate from GW Law School this weekend. He’ll be taking the California bar exam this summer, but he recently accepted a job offer at an immigration law firm in Virginia. Congratulations! [Washington Post]

Uh-oh! Trouble in paradise? It looks like Martin Shkreli’s lawyer — who also happens to be his co-defendant — has turned on him.

* Florida has released the results from its administration of the February 2017 bar exam, and they were not pretty. The percentage of those who passed dipped a bit since 2016, but students at both Orlando law schools were more likely to have failed. But which law school did the worst of all? We’ll have more on this later. [Orlando Sentinel]

* Trouble in paradise? Martin Shkreli’s former lawyer, Evan Greebel — who also happens to be his co-defendant — has turned on him, accusing the pharma bro of submitting false documents to the Securities and Exchange Commission and engaging in illegal stock trading. Greebel, of course, now wants to be tried separately from Shkreli. [Bloomberg]

* “I never in my wildest dreams imagined I would be back.” Five women who once worked at Davis Polk and had been gone for at least two years to raise their families have returned to the firm for one-year stints with a program called “Davis Polk Revisited.” If all goes well, they may be able to return for a longer period of time. [WSJ Law Blog]

* A former Hunton & Williams partner who spent 20 years on the lam as a fugitive has finally been caught. Scott Wolas, who was disbarred in 1999, was most recently accused in a $1.5 million real estate investment fraud scheme. Over the course of his alleged criminal career, Wolas reportedly assumed a number of other aliases. [Am Law Daily]

* Each year around Easter, the ABA Journal hosts a Peeps in Law diorama contest. It’s time to cast your vote for your favorite, and this time around, the competition is pretty stiff. We’re particularly partial to the entry that’s been dubbed “State of Peepington v. Trump,” but “Peepsburg and Sugarmayor” is also very cute. Vote! [ABA Journal]

Even conservatives are concerned about the damage that invoking the nuclear option for Judge Gorsuch’s SCOTUS nomination will do.

* “This is going to haunt the Senate, it’s going to change the judiciary, and it’s so unnecessary.” Senate Democrats have secured the votes to filibuster Judge Neil Gorsuch’s Supreme Court nomination, all but ensuring that Senate Republicans will invoke the nuclear option, and even conservatives are concerned about the damage it will do. [New York Times]

* It turns out that the Wallace Global Fund tried hire another Biglaw firm to replace Morgan Lewis & Bockius prior to kicking the firm to the curb over its representation of President Donald Trump. Apparently Arnold & Porter “would have been perfect,” but that firm represents Trump too, so it was a “deal killer.” [Big Law Business]

* “It’s like a marriage but infinitely complex. In the beginning, it was appealing, but as you went along you see the synergies are not there.” Following a short romance, it looks like Crowell & Moring and Herrick Feinstein are breaking off their engagement before wasting their time getting married and going through a messy divorce. [New York Post]

* You give love legal ethics a bad name: Remember Tara Lenich, the ADA who was accused of forging judges’ signatures to wiretap a love interest and a coworker in a “love triangle gone wrong”? She pleaded guilty to two charges of illegal wiretapping, and could face up to 10 years in prison and a fine of up to $250,000. [Brooklyn Daily Eagle]

* If you’re a prospective law student with a learning disability or attention disorder, you may be worried about keeping up with the rigors of legal study. Don’t let it get you down. Request an accommodation, but make sure you do so before it’s too late or you may screw yourself out of getting the help you need. [Law Admissions Lowdown / U.S. News]

* Almost 2,000 lawyers have signed on to a complaint filed by the Lawyers for Good Government with the Alabama State Bar Disciplinary Committee which alleges that Attorney General Jeff Sessions violated the state’s rules of professional conduct when he falsely testified under oath during his confirmation hearing that he “did not have communications with the Russians,” and thus should be disbarred. [Alabama Political Reporter]

* A superior legal defense from a superior legal mind? A former contestant on The Apprentice who accused President Donald Trump of groping her in 2007 is now suing him for defamation. Trump’s lawyer, Marc Kasowitz of Kasowitz Benson, claims that the president is immune from private litigation thanks to the Supremacy Clause of the Constitution. Perhaps he ought to take another look at Clinton v. Jones. [USA Today]

* Sources say that Seyfarth Shaw partner Alexander Passantino is under consideration to run the Wage and Hour Division of the Department of Labor. He served as deputy Wage and Hour Division administrator from 2006 to 2008, and if offered the job, he’ll be in charge of overseeing some pretty major policy issues, like rolling back the Obama-era expansion of overtime pay to millions of American workers. [Big Law Business]

* General counsel from 185 companies signed on to a letter delivered to Congress, beseeching lawmakers to continue to support the Legal Services Corp. which could go without necessary funds under President Trump’s budget plan. They’ve requested that $450M be allocated to the organization in order to create a “level playing field for the many lower and moderate-income families who cannot afford a lawyer.” [WSJ Law Blog]

* Angelo Binno, a blind prospective law student who alleged that the LSAT’s logic games test is discriminatory, was denied Supreme Court certiorari earlier this week. Not to worry, because his lawyer says that the fight will go on: “I’m not going to stop until he gets into law school because I know he will be a great lawyer even though he cannot diagram that on a test. This battle is far from over.” [National Law Journal]

* The ABA has placed Arizona Summit Law School on probation for its poor bar exam passage rates and questionable admissions practices. How will this affect the school’s affiliation with Bethune-Cookman University? Will the Department of Education strip the law school of access to the federal student loan program like what happened with Charlotte School of Law? We’ll have more on this later today. [Arizona Republic]

* More Democratic senators have announced their opposition to the confirmation of Supreme Court nominee Judge Neil Gorsuch of the Tenth Circuit, but the White House is calling for a “fair, up-or-down vote.” Hmm, when the previous administration called for a hearing followed by a “fair, up-or-down vote” for Supreme Court nominee Judge Merrick Garland of the D.C. Circuit, the request went completely ignored. [Reuters]

* The Eastern District of Texas is home to more than 40 percent of all patent lawsuits, but the Supreme Court may decide to send patent trolls packing to other jurisdictions when it hands down its ruling in TC Heartland v. Kraft Foods. This case may not only resolve a Federal Circuit decision that’s at odds with SCOTUS precedent, but it may bring forum shopping in patent cases to an end. [DealBook / New York Times]

* As we mentioned previously, it was rumored that President Donald Trump would be nominating White House deputy counsel Makan Delrahim to lead the Justice Department’s Antitrust Division. It looks like Trump finally decided to pull the trigger to elevate Delrahim to the position. He’ll need to be confirmed by the Senate, which should be a relative breeze for him compared to other Trump nominees. [Law 360 (sub. req.)]

* Eric Conn, a Social Security disability lawyer known as “Mr. Social Security,” recently pleaded guilty to one count of theft of government money and one count of payment of gratuities in the largest Social Security fraud scheme in recent memory, submitting false medical paperwork and fake claims to the Social Security Administration to the tune of $550M. He earned himself more than $5.7M in fees as part of the scam. [WSJ Law Blog]

* “When anyone criticizes the honesty, integrity, the motives of a federal judge, I find that disheartening. I find that demoralizing, because I know the truth.” During the tail end of the second day of his marathon confirmation hearing, Judge Neil Gorsuch let it be known for the first time publicly that he wasn’t pleased with President Trump’s attacks on his judicial colleagues. [CNN]

* While the legal world was preoccupied with Judge Gorsuch’s confirmation hearing yesterday, SCOTUS was still on the job, with the justices busy putting the kibosh on some presidential appointment powers. In the future, a person will be unable to serve as the acting head of a federal agency once the president nominates him to permanently serve in the role if it is a position that requires Senate confirmation. [Reuters]

* After four years, Dean Jay Conison of the beleaguered Charlotte School of Law has stepped down. The for-profit school had seen some of its worst days under his leadership, including its graduates’ plummeting bar exam passage rates and its students’ loss of access to the federal loan program this past December. While loans seem to have been restored for students this semester, the school may yet close. [Charlotte Observer]

* This could explain the firm’s humungous national bonuses: Vinson & Elkins had its best year ever in 2016, posting record gross revenue, net income, revenue per lawyer and profits per partner. Now that the firm is playing with the big boys, it’s paying like the big boys. As noted previously, V&E has officially committed to paying the new, Cravath-inspired $180K starting salary in every market where it has an office. [Texas Lawyer]

* “It truly is an embarrassment.” Philadelphia DA Seth Williams has been indicted on corruption and bribery-related charges. He stands accused of accepting a trip to Punta Cana, a Jaguar convertible, a custom sofa, and other gifts in exchange for fixing cases for friends. The City Law Department was paying an attorney from Morgan Lewis to represent Williams, but now refuses to continue to do so. [Philadelphia Inquirer]

* Uh-oh! What’s going on at Kirkland & Ellis? Sources say that the firm recently changed its framework for allocating equity partner profits, making deep cuts to some partners’ shares. Litigation partners were reportedly hit so hard by these changes that multiple sources called the situation a “bloodbath.” We’ll have more on this later. [Am Law Daily]

* Talk about a money shot: Attorneys Paul Hansmeier and John Steele, formerly of Prenda Law, have been charged in a “massive extortion scheme” after allegedly uploading porn videos they produced themselves to file-sharing websites so they could then sue those who downloaded the films for copyright violations. [NBC News]

* Kerrie Campbell, the Chadbourne & Parke partner who sued her firm for $100 million over allegations of gender discrimination, has asked a court to dismiss C & P’s counterclaim, referring to the claims therein as “in terrorem tactic” to silence other women at the firm and elsewhere who have similar bias claims. [Big Law Business]

* Here’s a question that far too many law school deans were faced with this fall: “What’s the best way to share a school’s bad bar exam results?” Some chose to be blunt and others chose to be empathetic, but at the end of the day, the news is devastating to recent graduates, so there’s only so much one can really do to soften the blow. [ABA Journal]

* Charleston church gunman Dylann Roof was convicted on federal hate crime charges and is now awaiting the punishment phase of his trial. In case you didn’t know, he’s also waiting to stand trial on state murder charges, which means he’s the first person in the modern era to face the possibility of federal and state death penalty sentences. [Reuters]

* “As a federal prosecutor for 19 years… I know better.” Leslie Caldwell, who oversees the Justice Department’s criminal division, sent a letter of apology to federal prosecutors across the country for remarks made at a Federalist Society event where she intimated that many of them don’t understand rules for white-collar criminal cases. [WSJ Law Blog]

* It seems that D.C.-based Crowell & Moring and New York-based Herrick Feinstein are hoping to bump into each other under the mistletoe this year, because they’re reportedly in close merger talks. A combination would create a firm with about 570 lawyers and $478 million in gross revenue. We’ll have more on this later. [Am Law Daily; Real Deal]

* Biglaw behemoth Dentons is politely bowing out of the competition when it comes to a takeover of the European and Middle Eastern arm of King & Wood Mallesons. With Dentons out of the picture, it’s unlikely that a single firm will rescue the entirety of the branch, but numerous firms are interested in picking apart bits and pieces. [Legal Week]

* Calling their behavior “uncivil,” Judge Steven O’Neill was forced to scold lawyers on both sides during a dramatic shouting match that erupted at Bill Cosby’s sexual assault trial after the defense team insisted that the comedian’s accusers ought to be named in public documents, saying they’re “witnesses in a trial, not children.” [USA Today]

* Miami-Dade Circuit Court Judge Victoria Brennan, who was accused of using a metal pipe to smash a man’s windshield this summer (but was never formally charged), is going to step down from her position on the bench. Her last day will be December 31, and per her resignation letter, she is “looking forward to the future.” [Miami Herald]

* Fresh off a five-month stint in prison for defrauding clients, Todd Malacuso, a lawyer who once represented Casey Anthony, has been arrested and accused of conspiring to smuggle almost two tons of cocaine into the United States from Central America on his own plane. He’s being held without bail as he’s been deemed a flight risk. [Daily Mail]

* “Taking a fee when you’ve got people literally still paying off their credit cards is a lot different than when it’s essentially found money for the plaintiffs.” In a wide-ranging interview, Jason Forge, a partner at Robbins Geller, explains why plaintiffs’ lawyers in the Trump University fraud case decided to forgo attorneys’ fees. [WSJ Law Blog]

* SCOTUS justices seem poised to block Texas from executing a man due to the fact that an outdated definition of intellectual disability is being used in its capital punishment regime. Justice Stephen Breyer said that the Texas standard to determine impairment “would free some, while subjecting others to the death penalty.” [USA Today]

* “We are refusing to comment on speculation around partners being in discussion with other firms.” Biglaw firms are circling King & Wood Mallesons like vultures, hoping to pick off partners as its EUME operations struggle. Goodwin Procter and Chadbourne & Parke are reportedly in talks to extend offers to KWM partners. [Big Law Business]

* According to the Committee on Capital Markets Regulation, President-elect Donald Trump and a Republican-led Congress may be able to tweak some elements of Dodd-Frank without completely dismantling or rewriting the law. After all, “federal agencies have wide latitude to undo reforms” and “there is room to change things.” [Reuters]

* Plaintiffs in the Trump University fraud class-action lawsuit are sick and tired of waiting for their claims to be heard. They want the trial to proceed as scheduled, the defendant’s presidential duties be damned, writing, “The court has been more than generous in accommodating defendants’ multiple delay requests, but after 6 1/2 years of waiting, plaintiffs cannot afford any further delays.” [Big Law Business]

* Poor Merrick Garland: After more than 243 days of waiting for a hearing as President Barack Obama’s Supreme Court nominee, he’ll return to his seat as the chief judge of the D.C. Circuit, the second highest court in the land, in January 2017. The man is a true gentleman, an “example of how to act with dignity and class and character.” [CNN]

* “If president-elect Donald Trump follows through on his campaign promises, people’s rights will be in jeopardy.” Since Donald Trump’s victory in the election, the American Civil Liberties Union has raised a record amount — more than $8.2 million poured in from more than 100,000 donors in the span of less than a week. [WSJ Law Blog]

* Much to LSAC’s chagrin, the LSAT may not be the only admissions testing prerequisite in town for prospective law students anymore. Law schools seem particularly eager to allow would-be students to take the GRE, which is offered throughout the year, as opposed to the LSAT, which is only offered four times a year. [National Law Journal]

* Michael Fine, the Ohio lawyer who was disbarred for hypnotizing his female clients and sexually assaulting them, has been sentenced to 12 years in prison after pleading guilty to five counts of kidnapping with sexual motivation and one count of attempted kidnapping. Fine must register as a sex offender. We’ll have more on this later. [Reuters]

* Rhonda Crawford, the Illinois law clerk who allegedly posed as a judge and was running unopposed for her own judgeship, was indicted for her judicial impersonation. Crawford does not intend to drop out of the race for a seat on the bench, despite the state bar ethics commission seeking to suspend her license to practice. [Chicago Tribune]

* London firms CMS and Olswang are merging with international firm Nabarro for a three-way combination that’s set to close in May 2017 and operate under the name CMS Cameron McKenna Nabarro Olswang, but rumor has it an American firm wants to get in on the action. Will Hunton & Williams join in for four-way fun? [The Lawyer]

* “[M]aybe Republicans can stop with the 60-something repeal votes they’ve taken … and just work with the next president to smooth out the kinks.” President Obama hopes that maybe when his second term in the White House is over, his signature healthcare law can be fixed. He doesn’t even care if they change its name to “Reagancare.” [Reuters]

* “The panic is starting to set in. Those who have a lot of interests at stake need to do work now.” Lawyers across the pond are poised for a profitable 2017 thanks to people scrambling for legal advice following Brexit, but those billables won’t last forever; after all, lawyers aren’t “immune to a broader economic slowdown.” [Big Law Business]

* More law schools are partially or completely covering bar exam preparation costs for their students, but with pass rates plummeting across the nation, you must be curious if this trend has had any positive effect. It worked for Loyola New Orleans and Southern University, whose pass rates for first-timers increased quite a bit. [ABA Journal]