* “Is there a public interest in unwanted pregnancies … that can often result in abortions?” The judge who ordered that Plan B be made available to all women regardless of age is pissed at the DOJ. [The Caucus / New York Times]
* Mary Jo White, the littlest litigatrix, will “review” the Securities and Exchange Commission’s policy of allowing financial firms to settle civil suits without affirming or denying culpability, but for now, she’s defending it. [Reuters]
* Dewey know what this failed firm is supposed to pay its advisers for work done during the first nine months of its bankruptcy proceedings? We certainly do, and it’s quite the pretty penny. [Am Law Daily]
* In a round of musical chairs that started at Weil Gotshal, Cadwalader just lost the co-chairs of its bankruptcy practice and another bankruptcy partner to O’Melveny. [DealBook / New York Times]
* In a move that shocked absolutely no one, attorneys for Colorado movie theater shooting suspect James Holmes announced they will enter a plea of not guilty by reason of insanity for their client. [CNN]
* From the “hindsight is 20/20″ file: the judge who presided over the Casey Anthony trial thinks there was enough evidence to convict the ex-MILF. He also likened Jose Baez to a used car salesman. [AP]
* Check out Logan Beirne’s book (affiliate link). Even when sensationalizing George Washington’s rise from general to president, attention must be paid to the rule of law. [Wall Street Journal (sub. req.)]
We have a liability gap when it comes to mass shootings and gun violence. It turns out that the perpetrators of violent crime often don’t have the deep pockets necessary to pay for the medical bills and the pain and suffering of their victims.
There’s been a lot of press about how gun manufacturers and sellers were able to lobby Congress for sweetheart shields that protect them from being held liable when their products kill people. But in fairness to the gun lobby (I can’t believe I’m saying that), holding products manufacturers liable just because other people use those products illegally would be a neat legal trick. I mean, we basically blamed Big Tobacco for the bad choices of their consumers, but that’s only recently. The gun lobby now is every bit as powerful as tobacco was in the 1960s.
Of course, the Sixties marked the end of Big Tobacco’s heyday, so there’s hope.
In any event, we’re not going to hold gun manufacturers liable for injuries sustained by victims of mass shootings. And the criminals have no money. And the same people who want us to have as many guns as possible also don’t want us to have universal health coverage so that nobody goes bankrupt dealing with their injuries. So it would seem that most victims of mass shootings are SOL.
Unless the victims are lucky enough to get shot up while on the private property of a rich company… like in a movie theater or something….
* Oh mon dieu, Justice Breyer was inducted as one of just 12 foreign members of France’s Académie des Sciences Morales et Politiques. C’est très chouette pour un Américain, non? [New York Times]
* Man, for a four-seeded firm that got knocked out of our March Madness competition after the Sweet Sixteen, Davis Polk is looking great in 2013′s first quarter as far as legal advising in M&A deals goes. [Am Law Daily]
* Brown Rudnick picked up a California boutique, and it’ll be doubled in size through lateral hiring. No layoffs are currently expected, but no one really advertises that as a merger selling point. [National Law Journal]
* The New York Times: bringing you last month’s news, today! South Dakota is offering a subsidy for law school tuition to keep lawyers in the state. Here’s our post from two weeks ago. [New York Times]
* Pace Law School’s “low bono” residency program was praised by New York’s Chief Judge Jonathan Lippman, but if you’ve got other job offers, Dear Lord, take one of them. [New York Law Journal]
* AIG wants to prevent Hank Greenberg from suing in its name, probably because it’d prefer not to be known as “the poster company for corporate ingratitude and chutzpah.” [DealBook / New York Times]
* “[D]o I cover this really important story and maybe go to jail?” That’s the choice Jana Winter is facing after reporting on James Holmes’s massacre notebook and refusing to reveal her sources. [CNN]
* It looks like it’s time for yet another rousing game of Biglaw musical chairs. This time, 11 of Bingham McCutchen’s securities enforcement partners are hightailing it over to Sidley Austin en masse. [DealBook / New York Times]
* This week in on-shore outsourcing: there may be a job waiting for you at Kaye Scholer’s new operations center (so new we bet you didn’t know about it), so hurry up and apply, because the interviews are soon. [Tallahassee Democrat]
* “We’re trained in the law and persuasion, not firearms.” But maybe you should be? After the targeted killing of attorneys in Texas, prosecutors are now on high alert. [New York Times]
* When looking at the current law school model, Paul Caron of TaxProf Blog urges law deans to take advice from Jimmy McMillan because “law school tuition is simply too damn high.” [Businessweek]
* Change our admissions practices amid the worst legal economy we’ve seen in decades? “Ain’t nobody got time for that,” scoffed Sarah Zearfoss, director of admissions at Michigan Law. [AnnArbor.com]
* Drexel Law will accept applications for its two-year law degree program in May 2014. The higher-ups at the ABA are scheduled to laugh their asses off on or about the same date. [Philadelphia Inquirer]
* “[F]or James Eagan Holmes, justice is death.” In a move that shocked absolutely no one, the prosecution in the Aurora, Colorado movie theater massacre case is seeking the death penalty. [CNN]
* Based on the justices’ reactions during oral arguments in Windsor v. U.S., there was no defending the Defense of Marriage Act. Not even Paul Clement, the patron saint of conservative causes, could save the day. [New York Times]
* Alas, the David Boies and Ted Olson Dream Team stole much of the spotlight from Roberta Kaplan, the Paul Weiss partner who argued on behalf of Edith Windsor in an effort to overturn DOMA. Seriously, you go girl! [WSJ Law Blog (sub. req.)]
* Dude, you’re getting a Dell! Alston & Bird and Kirkland & Ellis are the latest firms to join the Biglaw sharks (including Ho-Love, Debevoise, Wachtell, SullCrom, and Simpson Thacher) circling this major tech buyout. [Am Law Daily]
* It looks like it’s time for JPMorgan to face the music for its investments in Lehman Brothers, because a federal judge just ruled that the bank cannot “dispatch plaintiff’s claims to the waste bin.” [Reuters]
* An alleged killer’s sense of mortality: James Holmes, the suspect in the Colorado movie theater shooting, offered to plead guilty and spend life in prison in order to avoid the death penalty. [CNN]
Earlier this week, Judge William Sylvester, the Colorado state judge presiding over the James Holmes trial, ruled that prosecutors are allowed to apply “truth serum” to Holmes if/when he decides to plead not guilty by way of insanity.
Holmes, you may remember, is the jackhole who allegedly (to the extent he has not yet entered his own plea) murdered 12 people and injured 58 others in an Aurora, Colorado movie theater during the premiere of The Dark Knight Rises. He’s expected to cop an insanity plea, citing a bunch of troubling facts, including the fact that he was obsessed with the Joker, leading him to dye his hair orange, which, when you think about it, undermines his obsession claim since the Joker clearly has green hair.
But the decision to forcibly inject Holmes with so-called “truth serum” to test his insanity claims, not only sounds like a plot device from a really terrible Bond movie (let’s just assume Die Another Day), but it also seems like a genuinely terrible legal ruling….
* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily]
* Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal]
* Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET]
* Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal]
* “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]
* “Almost anything associated with him is necessarily of concern.” Thanks to the D.C. Circuit, Osama bin Laden’s death photos may never see the light of day, no matter how many FOIA requests you file. Sorry, you’ll have to settle for the Oscar-nominated film Zero Dark Thirty. [McClatchy Newspapers]
* Some would argue that the opinions written by Judge Stephen Reinhardt of the Ninth Circuit are like Lex Luthor’s ring in that they keep the heirs of Superman’s co-creator at bay like kryptonite. [WSJ Law Blog (sub. req.)]
* Ay dios mio, al parecer esta es una gran noticia para la escuela! Yale Law has hired Cristina Rodríguez, an expert in immigration law, as its first Hispanic professor in a tenured position. [National Law Journal]
* Prosecutors established probable cause in the Aurora movie theater shooting case and James Holmes has been ordered to stand trial, but his lawyers aren’t ready to enter his likely NGRI plea yet. [Bloomberg]
* Everyone saw this coming, but that doesn’t mean they have to be any less disgusted by it: Jerry Sandusky filed a motion to get a new trial just three months after being sentenced for his sex abuse conviction. [CNN]
* Eric Holder has agreed to serve once more as attorney general during President Barack Obama’s second term, but he still plans to leave at some point — after all, he’s no “Janet Reno of the Justice Department.” [Blog of Legal Times]
* AIG will not join the lawsuit against America. To put that in terms that should be just as outrageous, former AIG CEO Hank Greenberg is still suing America. [Washington Post]
* For those who care about Biglaw firms and the landlords who love them, fear not, because there’s a whole lot of moving and shaking in terms of commercial real estate deals for Arnold & Porter, Goodwin Procter, and Sidley Austin. [Am Law Daily]
* Jacoby & Meyers scored at the Second Circuit: its attack on New York’s ban on non-lawyer firm ownership was reinstated. Soon Walmart will own a firm with “Low Prices. Every day. On everything.” [Bloomberg]
* Who’ll step in to fill Evan Caminker’s $400,000+ shoes as the next dean of Michigan Law? None other than Mark West, who’d like to improve financial aid and loan repayment programs. [National Law Journal]
* Gun nuts, commence your rioting… now. If passed, Governor Andrew Cuomo’s sweeping gun-control proposal would make New York the state with the strictest gun laws in the country. [WSJ Law Blog (sub. req.)]
* Speaking of needless gun violence, by Friday, we’ll know whether there’s enough evidence to move forward with a trial for James Holmes, the accused shooter in the Aurora movie theater massacre. [New York Times]
* What Dewey know about this failed firm’s bankruptcy case? According to Judge Glenn’s latest order, it seems like D&L’s Chapter 11 plan is on track for confirmation in late February, unless there are objections, of course. [Am Law Daily (sub. req.)]
* The Law School Admission Council is suing California because the state’s legislature banned the practice of alerting schools when applicants had extra time to complete the LSAT. How lovely that LSAC values the ability to discriminate. [National Law Journal]
* “It’s not like we let anybody in the door. We don’t.” Apparently Cooley Law’s new Florida campus has very stringent admissions standards. Oh really? What else is required, aside from a pulse? [Tampa Tribune]
* It’s now too constitutionally risky for cops to get all frisky: a federal judge ordered that the NYPD cease its stock-and-frisk trespass stops without reasonable suspicion of actual trespass. [New York Law Journal]
* Tamara Brady, the lawyer for the accused shooter in the Aurora movie theater massacre, is setting the stage for her client’s diminished capacity defense — because even the mentally ill can buy guns. [Bloomberg]
* Pfc. Bradley Manning of WikiLeaks infamy will receive a reduced sentence if he’s convicted due to his illegal pretrial punishment, like being forced to sleep in the nude. A true hero! [Nation Now / Los Angeles Times]
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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