• shutterstock_136015916


    Non-Sequiturs: 02.05.16

    * Even if you are trying to be ethical, you just might fall into one of these pitfalls. [United States Law Week / Bloomberg BNA]

    * Chief Justice John Roberts unloaded some Microsoft stock so he can hear the Xbox 360 case. [Associated Press]

    * Sex toys really can bring us closer together: longtime rivals reach agreement over sex toy patent. [Law360]

    * The U.S. may be “importing a recession,” but at least bankruptcy lawyers will make out. [Law and More]

    * Unable to attend this year’s Legaltech conference? Here’s what you missed. [Business of Law Blog]

    * You shouldn’t feel bad about offending some people. [Associate’s Mind]

    * Leaving Biglaw once you have kids — but not in order to play with the baby 24/7. [Hire an Esquire]

    * Check out the latest podcasts on Legaltech 2016. [CodeX]

    11 Comments / / Feb 5, 2016 at 5:02 PM
  • resume girl

    Bankruptcy, Small Law Firms, Solo Practitioners, Student Loans

    The Borrower Defense Provision: An Easier Way To Discharge Federal Student Loans (With No Tax Consequences)?

    A certain section of federal law that has been buried in obscurity over the last twenty years is suddenly gaining the spotlight as a possible path to loan forgiveness.

    69 Comments / / Feb 3, 2016 at 10:58 AM
  • car crash car accident fatal accidents crashes

    Deaths, Facebook, Quote of the Day

    Lawyer Says He’s Sorry For Rude Remarks About A Fatal Traffic Accident

    Another cautionary tale about a lawyer’s ill-advised use of social media.

    38 Comments / / Jan 25, 2016 at 5:03 PM
  • Martin Shkreli

    Morning Docket

    Morning Docket: 01.22.16

    * Pharma bro Martin Shkreli was subpoenaed to appear before the House Committee on Oversight and Government Reform, so of course he took to Twitter like a mature adult to bemoan the encroachment upon his constitutional rights. [Washington Post]

    * Jell-O pudding pops for all! A judge dismissed a defamation suit filed against Bill Cosby and his lawyers, ruling that denials made in response to accusations are protected by the First Amendment. [Reuters]

    * “For him to be arguing now that there ought to be tort reform is completely hypocritical.” It looks like Ted Cruz’s record for winning large damages awards for clients in personal injury cases may be coming back to haunt him. [Wall Street Journal]

    * U.S. states aren’t permitted to declare bankruptcy, but some say it’s a better option than a taxpayer bailout. Puerto Rico, on the other hand, doesn’t need to file bankruptcy — it just needs “an orderly process to restructure its debts.” [Bloomberg Businessweek]

    * Because everyone needs a Hail Mary: As DraftKings and FanDuel take on state attorneys general in the fight to remain in business, both daily fantasy sports websites have started lobbying Congress in the hopes of changing state gambling policies. [CNBC]

    69 Comments / / Jan 22, 2016 at 8:53 AM
  • resume girl

    Bankruptcy, Law Schools, Student Loans

    The Tetzlaff Aftermath: Discharging Student Loans In Bankruptcy Might Be Easier Than We Thought

    Columnist Shannon Achimalbe wonders: are potentially eligible people being dissuaded from even trying to discharge their student loans in bankruptcy?

    81 Comments / / Jan 13, 2016 at 10:04 AM
  • Duggars


    Non-Sequiturs: 01.12.16

    * Even at a conference, Judge Easterbrook can be intimidating. [Business Law Prof Blog]

    * Boeing filed a patent to make air travel slight less hellish. Good luck with that. [Travel and Leisure]

    * Judge plans to stick Ammon Bundy’s merry band of militia men playing terrorist out in the woods with the bill for their security… to the tune of $70,000 a day. [Raw Story]

    * Josh Duggar is such a loser he is even losing discovery battles like a pro. [Radar]

    * Lawyer Eric Macleish played a role in the legal battles over child abuse by Catholic priests in Boston (as recounted in the movie Spotlight). Whether he was a villain or victim in the saga is still up for debate. [Guile is Good]

    * Is it possibly true that you can really discharge student loan debt in bankruptcy? [My Bank Tracker]

    * If you’re goofing off by pretending to work from home, don’t give yourself away. [Daily Lawyer Tips]

    16 Comments / / Jan 12, 2016 at 5:10 PM
  • SCOTUS Supreme Court photo by David Lat

    Morning Docket

    Morning Docket: 01.12.16

    * Based on reading the oral-argument tea leaves, it sounds like the Supreme Court is about to school the teachers’ unions (and public-sector unions more generally). [How Appealing]

    * Ring in the new year by making the register ring: a slew of Biglaw firms have secured (presumably lucrative) engagements working on the proposed $32 billion merger between drug makers Shire Plc and Baxalta Inc. [American Lawyer]

    * By a vote of 82-6, and after a wait of more than 400 days, the Senate just confirmed Judge Luis Felipe Restrepo to the Third Circuit, making him the first Hispanic federal judge from Pennsylvania to sit on that court. [Associated Press]

    * Good news for fantasy-sports fans: it’s not (yet) “game over” for DraftKings and FanDuel, thanks to a stay issued by a New York appellate court. [Bloomberg News]

    * And bad news for student-loan-saddled law grads (like our own Shannon Achimalbe) who were hoping that SCOTUS might make it easier to discharge such debts through bankruptcy. [Wall Street Journal via ABA Journal]

    * Does Sean Penn face legal risk for his interview of El Chapo, the infamous Mexican drug lord? [ABA Journal]

    * A former federal prosecutor just secured a six-figure settlement and reinstatement from the Justice Department. [National Law Journal]

    * U.S. Attorney Preet Bharara — who came so, so close to winning Lawyer of the Year honors — announced that Governor Mario Cuomo is off the legal hook for his controversial shutdown of the Moreland Commission, a panel aimed at investigating public corruption. [Law360]

    * Avvo is starting to roll out a service featuring fixed-fee, limited-scope legal services through a network of attorneys (and Bob Ambrogi has the scoop). [Law Sites]

    * Professor Peter J. Henning explores the implications of the end of the government case against hedge fund magnate Steve Cohen. [DealBook / New York Times]

    29 Comments / / Jan 12, 2016 at 9:07 AM
  • Texas LF


    Non-Sequiturs: 01.08.16

    * Texas Governor Greg Abbott is calling for a constitutional convention to add 9 new amendments to the constitution in the name of state rights. Texas, you’re drunk, go home. [Dallas Morning News]

    * Clients are now demanding to text their lawyers. This is the official end of free time. [Daily Lawyer Tips]

    * Constructing the history of black pain. [Lawyers, Guns and Money]

    * The SEC has announced sanctions against Steven Cohen — he’ll be barred from managing hedge funds for two years. [Dealbreaker]

    * Dealing with ambiguity in bankruptcy law when it comes to liability payments. [Law and More]

    * A sandwich? You just committed armed robbery for a crappy sandwich? Bad decision, dude. [Legal Juice]

    * A great podcast previewing the trial of the Winter Soldier. [The Legal Geeks]

    31 Comments / / Jan 8, 2016 at 4:57 PM
  • resume girl

    Bankruptcy, SCOTUS, Supreme Court

    Are You There, SCOTUS? It’s Me, Tetzlaff. The Harsh Bankruptcy Discharge Rules Are Not Protecting The Integrity Of The Federal Student Loan Program

    It’s time for the courts or for Congress to act, according to columnist Shannon Achimalbe.

    23 Comments / / Jan 6, 2016 at 1:21 PM
  • 2016 happy new year

    Biglaw, In-House Counsel

    2 — No, 6! — Predictions For 2016

    In-house columnist Mark Herrmann looks back on the predictions he made for 2015, which turned out to be correct, and makes new predictions for 2016.

    26 Comments / / Jan 4, 2016 at 10:44 AM
  • Martin Shkreli (Photo by Andrew Burton/Getty)


    Morning Docket: 12.31.15

    * In the wake of fired CEO Martin Shkreli’s arrest for securities fraud, KaloBios Pharmaceuticals has filed for Chapter 11 bankruptcy. The company will be repped by Hogan Lovells (and likely won’t be charged 4,000 percent more than it should be). [Reuters]

    * “Not all of it is law at its grandest but all of it is the practice of law.” Yet another contract attorney’s suit for overtime pay has bitten the dust with a recent dismissal. This time, Quinn Emanuel was the Biglaw firm victorious in keeping doc reviewers downtrodden. [WSJ Law Blog]

    * Since Dechert decided to up the ante on first-year associate salaries, other Philadelphia Biglaw firms have responded in kind. Drinker Biddle has matched, while Pepper Hamilton and Cozen O’Connor are following close behind. [Philadelphia Inquirer]

    * Facebook needs a “dislike” button: The social media titan’s suit against DLA Piper and Milberg for their defense of alleged con man Paul Ceglia in a fraudulent breach of contract case versus Zuckerberg’s first baby was dismissed. [Buffalo Business First]

    * From “weird to wildly costly,” check out some of the craziest malpractice cases that were filed against Biglaw firms during the course of 2015. The McDermott Will & Emery elder abuse case here is particularly creative. [Big Law Business / Bloomberg BNA]

    21 Comments / / Dec 31, 2015 at 8:54 AM
  • resume girl

    Bankruptcy, SCOTUS, Supreme Court

    Are You There, SCOTUS? It’s Me, Tetzlaff. Why The U.S. Supreme Court Should Resolve The Student Loan Bankruptcy Conflict

    It’s high time for the Supreme Court to clarify how student loans get treated in bankruptcy, according to columnist Shannon Achimalbe.

    45 Comments / / Dec 30, 2015 at 10:02 AM
  • A unicorn trying to get his law school debts discharged in bankruptcy.

    Bankruptcy, Student Loans

    Don’t Waste Your Time Trying To Get Your Law School Debts Discharged In Bankruptcy

    Your law school debt will likely be with you for the rest of your life, no matter how difficult it is to repay it.

    62 Comments / / Dec 17, 2015 at 11:17 AM
  • Marilyn J. Mosby (Photo by Andrew Burton/Getty)

    Morning Docket

    Morning Docket: 12.11.15

    * “[W]e refuse to be distracted by disgruntled employees or frivolous lawsuits.” Baltimore State’s Attorney Marilyn Mosby is being accused of firing a handful of prosecutors due to their political associations in a newly filed lawsuit. [Baltimore Sun]

    * Texas Wesleyan wants to dismiss a suit filed by its “disavowed” law school grads because it says its obligation “ended with their graduation,” so it doesn’t need to grant them alumni status with Texas A&M Law. Harsh. [Courthouse News Service]

    * Connecticut Governor Dannel Malloy will soon sign an executive order banning those on the federal no-fly list from purchasing guns in the state. Professor Eugene Volokh thinks that this policy is constitutionally controversial. Do you agree? [WSJ Law Blog]

    * Vinson & Elkins is moving its Dallas headquarters to a fancy $200 million building, where it’ll fill up 80,000 sq ft of office space in 2018. How nice for you! Now be nice to your associates and announce your Cravath bonus matches. [Dallas Morning News]

    * What’s the best way to get out of paying millions of dollars to lawyers who you hired to perform complex legal work? If you’re hurting for cash, then take a cue from this New Jersey firm and file for Chapter 11 bankruptcy to ditch your drama. [Bergen Record]

    28 Comments / / Dec 11, 2015 at 8:58 AM
  • Bruce Stachenfeld horizontal

    Boutique Law Firms, Small Law Firms

    Reinventing The Law Business: What Can The New ‘Star Wars’ Movie Teach Us? Porter’s Five Forces Applied To The Legal Profession (Part 2)

    Managing partner Bruce Stachenfeld applies the insights of Harvard Business School professor Michael E. Porter to the business of law — specifically, bankruptcy law.

    / Dec 3, 2015 at 3:17 PM
  • 50 Cent

    Morning Docket

    Morning Docket: 12.02.15

    * Did 50 Cent’s lawyers spend too much of the bankrupt rapper’s money while representing him? With $123,455.92 in expenses, sex-tape plaintiff Lastonia Leviston says Fiddy’s lawyers from Brewer Attorneys & Counselors were partying like it was their birthday throughout trial. [New York Daily News]

    * Roger Ailes, the chairman and CEO of Fox News, isn’t laughing at ABC’s news comedy called Fair and Balanced. Fox trademarked that slogan in 1997, and Ailes says ABC “wouldn’t know fair and balanced if it hit them in the ass with a fish.” [Adweek]

    * Following in Dentons’ footsteps, yet another Biglaw firm has entered into a “strategic alliance” with a Chinese firm. McGuireWoods will create a referral network with FuJae Partners, but there’s no talk of a merger — yet. [Big Law Business / Bloomberg BNA]

    * NJ Gov. Chris Christie says he’s been researching legal action he can take against Syrian refugees who have been placed in his state. He’s acknowledged it’s a federal issue, but this would-be president is going to try to oust them anyway. [NJ Advance Media]

    * The Illinois Department of Corrections has been suing newly released inmates to recover the cost of their room and board while they were incarcerated. Lovely. This surely “raise[s] moral questions that legislators need to address.” [Chicago Tribune]

    37 Comments / / Dec 2, 2015 at 9:02 AM
  • student-loan-debt

    Morning Docket

    Morning Docket: 11.23.15

    * Will it ever be easier to meet the challenge of proving you’ve got an undue hardship so you can discharge your law school student loan debts in bankruptcy? Your fate may rest in the hands of this indebted Florida Coastal Law grad and his petition for certiorari at the Supreme Court. [US Law Week Blog / Bloomberg]

    * Hate crimes still happen, even at this prestigious law school: Amid increased racial turbulence on campus, the Harvard University Police Department is now investigating the defacing of black law professors’ portraits as a hate crime. [ABC News]

    * UVA Law recently joined the minority of law schools that have women serving as dean. Pop your collars with pride, because legal historian Risa Goluboff will take over as the school’s first female dean this July. Congratulations! [Richmond Times-Dispatch]

    * Gordon Rees has settled its lawsuit against Alex Rodriguez over the baseball player’s outstanding legal bills, totaling more than $380,000. The terms of the deal haven’t been disclosed, but we have a feeling that the firm hit it out of the park. [NBC New York]

    * Try before you buy or a bid to increase tourism? Alaska is making bold moves now that it’s legalized marijuana for recreational use. It’ll be the first state to allow the social use of the drug “in public,” i.e., inside pot dispensaries that have yet to open. [Cannabist]

    48 Comments / / Nov 23, 2015 at 8:54 AM
  • Bruce Stachenfeld horizontal

    Bankruptcy, Boutique Law Firms, Small Law Firms

    Reinventing The Law Business: Porter’s 5 Forces Applied to the Legal Profession (Part 1)

    Managing partner Bruce Stachenfeld applies the insights of Harvard Business School professor Michael E. Porter to the business of law — and starts by defining a key term.

    / Nov 19, 2015 at 12:06 PM