Bancroft PLLC

Quote of the Day: Size Matters

By

[W]e note that the document appears to be in 12 point font, not 13 point font. I’m pretty sure this specific topic was a point of discussion among all counsel prior to filing our respective briefs, and each party appeared to recognize the continuing 13-point font requirement.

Thus, we were surprised to receive the State’s 12-point font brief. The apparent failure to comply with the Court’s order had the effect of substantially increasing the State’s page limitations and, under the circumstances, prejudices the United States.

– Bradley Heard, a lawyer with the Department of Justice, in a weekend email sent to a group of attorneys from Bancroft. The firm represents South Carolina in an ongoing dispute with the DOJ over the state’s voter ID law.

(Was there a resolution in this case of prejudice by font?)

double red triangle arrows Continue reading “Quote of the Day: Size Matters”

21 Comments

Non-Sequiturs: 06.05.12

By

* The Ninth Circuit denies en banc rehearing in the Prop 8 case. Can we please hurry up and get this thing in front of the Supreme Court already? [Ninth Circuit via Metro Weekly]

* Even more law schools are shrinking their class sizes. Do we have a trend on our hands yet? [Crain's Cleveland Business]

* AOL’s attorneys at DLA Piper sent a nastygram to a Maryland blogger, alleging intellectual property infringement, based on the blog’s aggregation. Because you know, AOL/the Huffington Post has never aggregated anything. [Maryland Juice]

Laura Flippin

* Speaking of DLA Piper lawyers, just before she was found guilty of public intoxication, partner Laura Flippin was also accused of lying under oath by the judge in the case. In short, things did not go as well they could have. [The Flat Hat]

* Remember the law school martyr Phillip J. Closius? He may no longer be Dean of University of Baltimore Law, but he has not finished his crusade to improve the financial security of students. Keep fightin’ the good fight, Phil. [Baltimore Sun]

* Congratulations to the 15 firms that made the NLJ’s 2012 Appellate Hot List. Most are Biglaw shops, but three elite boutiques made the cut: Bancroft, Horvitz & Levy, and Kellogg Huber. [National Law Journal]

* Ever wondered what life in prison is like? Check out this podcast, in which Jeffrey Deskovic, who served 16 years in prison for a rape and murder he did not commit, is interviewed by Professor Zachary Shemtob (disclosure: Shemtob is Lat’s co-author and special friend). [Cruel and Unusual: A Podcast on Punishment]

10 Comments

Even Paul Clement Can’t Successfully Defend the Defense of Marriage Act

By

During the United States Supreme Court arguments over Obamacare, the nation got a rare treat: the chance to see (or at least hear) Paul Clement in action. Clement, a former U.S. Solicitor General and current partner at Bancroft PLLC, delivered a brilliant performance before the justices, a veritable master class in appellate advocacy. As Carter Phillips, a veteran SCOTUS litigator himself, told us here at Above the Law, Clement “did a spectacularly good job” and “was just on his game… over a much longer period of time than most of us are required to do it.”

But even Clement couldn’t save Section 3 of the highly problematic Defense of Marriage Act (DOMA) from going down to defeat in the First Circuit. Before a panel with a majority of Republican-appointed judges, in fact.

Let’s find out who was on the panel, whether there were any dissents, and what the court concluded….

double red triangle arrows Continue reading “Even Paul Clement Can’t Successfully Defend the Defense of Marriage Act”

15 Comments

Fun Fact of the Day: ‘All Apologies’ for Killing Obamacare?

By

It is hard to beat Nirvana’s “Complete Sub Pop Singles.” And I’m a big fan of the Kooks. It’s very catchy and a little less loud than Nirvana and a little more family-friendly.

– Paul Clement, the former Solicitor General and current Bancroft partner who argued Obamacare in the Supreme Court, discussing his musical tastes with the New York Times.

(Additional fun facts, plus a link to the full interview, after the jump.)

double red triangle arrows Continue reading “Fun Fact of the Day: ‘All Apologies’ for Killing Obamacare?”

15 Comments

Supreme Court To Decide Constitutionality of Obamacare

By

The president looks good in a doctor's coat, no?

In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012, Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)

In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….

double red triangle arrows Continue reading “Supreme Court To Decide Constitutionality of Obamacare”

96 Comments

Non-Sequiturs: 06.16.11

By

* “I doubt this is constitutional, but let’s just do it.” Sounds like business as usual down in the Senate as to plans to extend the FBI Director’s term. [Blog of Legal Times]

* Are we really still talking about desegregating schools in Arkansas? I can’t even believe that this is a serious proposition. [WSJ Law Blog]

* This is what happens when lawyers from Yale stop being polite, and start getting real. What good can come from Kentucky or North Dakota? [PrawfsBlog]

* Ladies, should you take a new job while pregnant? To me, that’s kind of like asking, “Should I go bungee jumping while pregnant?” Not a good idea. [Corporette]

* Apparently, there’s some debate as to which city will be the next world capital of law. And no, it probably isn’t going to be one of these outsourcing cities. [Law21]

* Kash, of course it’s bad for America that Weiner is resigning. We don’t get to see any more big, kosher pickles. [The Not-So Private Parts / Forbes]

* Summer associates, please take note. Do not send emails to colleagues about wild, underage ragers like this JP Morgan intern did. You will look like a complete tool. [Dealbreaker]

* Leave it to Paul Clement to get this lady off with a 9-0 decision. It turns out she wasn’t a terrorist, just a little kooky. [CNN Justice]

* Bob Tennant of Recommind tells patent critics (and competitors) a thing or two about prior art and automated discovery. [Recommind]

15 Comments

Non-Sequiturs: 06.10.11

By

Paul Bergrin

* New York magazine is on a roll: first the buzz-generating Paper Tigers piece, then the big Anna Nicole Smith story, and now this great profile of Paul Bergrin, “The Baddest Lawyer in the History of Jersey.” [New York Magazine]

* When Elie read Megan McArdle’s response to his debt story, he screamed, “I said I PAID my federal loans!” I told him the screen couldn’t hear him but he kept right on screaming. [The Atlantic]

* A few highlights from the Sarah Palin email dump. [Wonkette]

* A lap dance might get a rise out of a recipient, but it doesn’t rise to the level of art, according to a New York state appellate court. [Albany Times-Union]

* The new home of Paul Clement — Bancroft PLLC, founded by Viet Dinh — has become D.C.’s “it” firm with respect to conservative causes. Where does it get its name? [Bloomberg BusinessWeek]

* Speaking of the former Solicitor General, here’s his substantive defense of the Defense of Marriage Act (via Chris Geidner). Check it out — there’s a link to his brief — and see what you think. [Poliglot / Metro Weekly]

* Speaking of gay marriage, here’s an interesting legal issue, involving foster care and adoption, same-sex couples, and religious freedom. [Peoria Journal Star]

* An update on Aaron Biber, prominent law firm partner turned convicted pedophile. [Minnesota Lawyer]

25 Comments

King & Spalding: More DOMA Drama, Plus Salary and Bonus News

By

Paul Clement and John Boehner: now out of King & Spalding's hair.

Some people, including crisis communications experts, think that King & Spalding should just shut up already about the DOMA debacle. The firm agreed to represent the House of Representatives in defending the controversial Defense of Marriage Act, and then almost immediately turned around and withdrew from the representation. This prompted the departure from the firm of star appellate litigator Paul Clement, former Solicitor General of the United States, who took the DOMA matter over to his new firm, Bancroft PLLC.

The decision to drop DOMA defense also led to the defections of King & Spalding clients, like the NRA and the state of Virginia. It generated criticism of the firm from diverse quarters — everyone from Ken Cuccinelli to the New York Times editorial board. [FN1]

Despite the advice of the communications experts (with which I personally agree), King & Spalding continues to discuss the DOMA debacle. The firm is starting to sound like a therapy patient that won’t relinquish the couch, and just wants to yap and yap and yap. Are you listening?

Let’s look at the latest revelations — and also some compensation news out of K&S….

double red triangle arrows Continue reading “King & Spalding: More DOMA Drama, Plus Salary and Bonus News”

30 Comments

Quote of the Day: Classy Clement

By

I think it’s important for lawyers on the other side of the political divide from Paul, who’s a very fine lawyer, to reaffirm what Paul wrote [in his resignation letter from King & Spalding]. Paul is entirely correct that our adversary system depends on vigorous advocates being willing to take on even very unpopular positions. Having undertaken to defend DOMA, he’s acting in the highest professional and ethical traditions in continuing to represent a client to whom he had committed in this very charged matter.

– Seth Waxman, former U.S. Solicitor General (under President Clinton) and current WilmerHale partner, commenting to Washingtonian magazine on the decision of fellow former S.G. Paul Clement to resign from King & Spalding and join Bancroft PLLC. At Bancroft, the D.C. boutique law firm founded by former Assistant Attorney General Viet Dinh, Clement will continue to represent the Bipartisan Legal Advisory Group of the House of Representatives in its defense of the Defense of Marriage Act (DOMA).

103 Comments

Paul Clement Quits King & Spalding After K&S Moves to Drop DOMA Defense

By

Paul Clement (left) and John Boehner (right)

The leading law firm of King & Spalding, which came under fire from LGBT rights groups after its defense of the Defense of Marriage Act (DOMA) became public last week, has moved to withdraw from the litigation. The firm cited problems with the vetting process applied to the engagement.

And Paul Clement, the former U.S. Solicitor General and King & Spalding partner who was going to spearhead the DOMA defense, is now a former K&S partner. He resigned from K&S this morning, in response to the firm’s withdrawal decision. Clement will continue his representation of the House of Representatives in DOMA litigation from his new home, Bancroft PLLC, the high-powered D.C. boutique founded by a fellow alum of the Bush Department of Justice, Georgetown law professor Viet Dinh.

UPDATE (12:20 PM): We reached out for comment to Professor Dinh, who said: “Paul wins the biggest cases and Bancroft solves the most complex problems. This is a no brainer. We will continue to do what Paul and I love doing most, which is to serve the best interests of our clients.”

Let’s take a look at King & Spalding’s stated justification for dropping the DOMA representation, and at Paul Clement’s resignation letter….

double red triangle arrows Continue reading “Paul Clement Quits King & Spalding After K&S Moves to Drop DOMA Defense”

191 Comments