Bankruptcy

A Senator Proposes To Allow Student Loans To Be Dischargeable In Bankruptcy — But Is That A Good Idea?

Is this the right way to solve the student loan crisis? Should student loans be discharged with no strings attached?

Leaving A Mark II: Why Trademark Licensees Need To Beware The Holding In Mission Products Holdings v. Tempnology, LLC

Although SCOTUS has spoken, trademark licensees should not just breathe a sigh of relief.

Morning Docket: 06.10.19

* The end of the Supreme Court’s current term is drawing near, and Justice Ruth Bader Ginsburg says that dark times may be ahead in terms of “sharp divisions” for some of the “most watched cases” with decisions yet to be announced. Uh-oh... [Associated Press] * Who is the real Attorney General Bill Barr? In this interesting profile, opinions vary wildly, with some calling him “closest thing [the Trump administration has] to Dick Cheney” and others referring to him as a “real danger.” [New York Times] * George Conway of Wachtell, husband of White House counselor Kellyanne Conway, has once again taken to Twitter to call out President Trump: “You would have been fired from any other job by now.” [The Hill] * Sedgwick wants its money back: After partners fled the firm prior to its demise, the bankruptcy estate is now hoping for $1.6 million clawback settlement to make things right. [Big Law Business] * Even though the lead plaintiff has dropped out in favor of arbitration, tech giant Google can’t seem to shake the lawsuit claiming the company is biased against conservatives, men, white people. [Mercury News]

Kirkland & Ellis Successfully Profits Off Our Crumbling Childhood Memories

Nice work if you can get it.

Morning Docket: 06.04.19

* California takes the first steps to disbar Michael Avenatti. Can he repeat as Above the Law's Lawyer of the Year (an accolade designed to represent the lawyer who dominates the year's headlines) if he's no longer a lawyer? [CNN] * Lawyer numbers are up. Numbers of lawyers able to make a living at the law aren't necessarily changed. [ABA Journal] * Trump calls on Americans to boycott AT&T because it now owns CNN -- a merger that the Trump administration ultimately approved -- because CNN occasionally reports on the stuff Trump actually does. [Gizmodo] * But antitrust law gets trickier when neither party to the deal has publicly questioned the president. CVS and Aetna are set to appear in court to defend their merger plans, which the administration signed off on, but the judge appears to view with some suspicion. [WSJ] * The corporate world is so far ahead of Biglaw when it comes to diversity that clients are starting to seek out smaller firms to make good on their commitment to the cause. [American Lawyer] * Trustee fighting to clawback $15 million in transfers to the Arizona Cardinals. Get in line behind everyone else disappointed that they've ever given money to the Cards. [Law360] * A thoughtful deep dive into the invocation of executive privilege from a former Senior Counsel to the Whitewater investigation. In short, Clinton abused it and Trump is abusing it systematically worse. [The Atlantic]

Morning Docket: 04.19.19

* Harvey Weinstein will face sex trafficking charges. [Law360] * "LSU Creates Model for Colleges Embroiled in Varsity Blues Scandal." Yeah, um, no offense but LSU didn't have to anything to worry about. [Corporate Counsel] * MoFo's horribly ill-advised sanctions motion meets the swift demise it deserved. [The Recorder] * Meanwhile, the Jones Day attorney named in its gender bias case has left. [American Lawyer] * Sears is suing Eddie Lampert and Steve Mnuchin for destroying the company. [CNBC] * Ninth Circuit hands Trump's immigration plans another defeat. [Courthouse News Service]

Morning Docket: 03.21.19

* What does Wachtell think of George Conway's Twitter profile? Silly rabbits, Wachtell doesn't have opinions unless they're billable. [American Lawyer] * Kirkland will remain atop the Am Law 100 rankings with its warm and fuzzy business model. [American Lawyer] * Western State lives! At least for a few more months. [The Recorder] * Judge aborts law. [Louisville Courier-Journal] * Lawyer turns blogging into a $30 million side hustle. That's pretty much how Above the Law works. [Forbes] * After running Sears into the ground to live out his lurid fantasies, Eddie Lampert expected to walk away holding all the money -- but the Chapter 11 estate is doing its best to get some of that back. [Law360] * Who pays for Maria Butina's legal bills? [The Atlantic]

Leaving A Mark: What Mission Products Holdings, Inc. V. Tempnology, LLC May (Or May Not) Mean For Trademark Licenses In Bankruptcy

Based on oral arguments, how SCOTUS will rule on this issue is anyone’s guess.

NY Post Shocked To Learn Biglaw Works Paralegals To The Bone

Why do we have to explain "Biglaw works hard" to people every few months?

Non Sequiturs: 11.04.18

* A fun bit of trivia (via Adam Feldman): which Supreme Court justice cites law review articles most often? (Hint: he does so a lot in dissent.) [Empirical SCOTUS] * Charles Glasser argues that Senator Claire McCaskill -- who's in a tough reelection fight against a former SCOTUS clerk, Josh Hawley -- advocates a move that "represents a clear and present danger to investigative journalism." [Daily Caller] * It's helpful to Josh Hawley that President Donald Trump is so popular in Missouri -- even among women, interestingly enough. [Althouse] * Immigration law is a hot topic these days, thanks in large part to President Trump -- so it makes sense that Fastcase and the American Immigration Lawyers Association (AILA) are launching a new law journal focused on this interesting and complex area of law. [Dewey B Strategic] * Speaking of immigration, Ilya Somin refutes the argument that migrants should just stay home and "fix their own countries." [Volokh Conspiracy / Reason] * Who says bankruptcy lawyers and judges don't know how to have a good time? [Texas Bankruptcy Lawyer's Blog]

Morning Docket: 10.03.18

* "BREAKING: President Donald Trump repeatedly mocks Ford, who accused Kavanaugh of sexual assault." When I got this alert on my phone last night, I couldn't help myself but to blurt out, "F**k that guy." That's our president! Not sure why I expected more. [NBC News] * According to Senator Mitch McConnell, the Senate will vote on Supreme Court nominee Judge Brett Kavanaugh just as soon as the F.B.I. wraps up its investigation -- which could be as early as sometime today. Gee, it's almost as if they don't care about what the results are. [New York Times] * In the meantime, more than 500 law professors have signed onto two letters that will be presented to the Senate, each condemning Kavanaugh's "lack of judicial temperament" and "lack of respect for our democratic institutions and women in positions of power in particular." At least they're trying. [Guardian] * Sedgwick closed up shop sometime around the beginning of 2018, and the failed firm finally got around to filing for bankruptcy, and the court documents read like a Greek Biglaw tragedy. We have have more on this later. [Law360 (sub. req.)] * Which Biglaw firm has the strongest brand? It's not the firm with the highest revenue, and it's not the firm with the largest headcount, but this firm has that certain je ne sais quoi that makes clients love their attorneys. [American Lawyer]

Morning Docket: 06.15.18

* "If the law’s not going to be improved by Congress, we have to help these young people who are drowning in student loan debt." In the past, judges would rarely consider helping people who were bankrupted by student debt payments, but now offering their support through the court system. [Wall Street Journal] * Guess which Biglaw firm helped the United States Soccer Federation secure the 2026 World Cup? If you guessed it was the firm that celebrated its bid by not raising its associates' salaries yet, you were right. Thanks, Latham! [American Lawyer] * A judge approved AT&T's acquisition of Time Warner on Tuesday, and two days later, it's now complete. Although the Justice Department isn't filing for a stay, that's not going to stop lawyers in the Antitrust Division from appealing the judge's decision in the case, though. [CNN] * As our personal-finance columnist Jordan Rothman complained of earlier this week, it's messed up that you can lose your law license after defaulting on your student loans. Senators Elizabeth Warren and Marco Rubio thought it was messed up too, so they introduced a bill to stop it from happening. [Law.com] * RBG, the documentary about the life and times of Justice Ruth Bader Ginsburg, is quite literally stealing the show. The film has made $9.2 million since its release, making it the highest-grossing movie of the Sundance Film Festival. I highly recommend seeing this movie. [Hollywood Reporter]

Morning Docket: 05.03.18

* "What did Rudy say? Oh. OK, so, you see, the thing is, Cohen was paid back, but through his monthly retainer so I didn't know he was paying hush money to porn stars that I definitely didn't sleep with because that might trigger an out in my prenup... are we done here?" [Twitter] * A look at Biglaw firms still owed big bucks by bankrupt clients. [American Lawyer] * Yale Law is so far ahead of the curve, they've got 1Ls suing Jeff Sessions. [Connecticut Law Tribune] * A webcam is drawing attention to the osprey nest on the roof of Oregon's Law School. Anything to keep attention off the blackface-wearing professor they still employ... [Around the O] * In case you were looking for another reason to feel revulsion over the Washington NFL team, the cheerleaders allege the team asked them to be literal escorts for wealthy sponsors on a trip to Costa Rica... that they didn't get paid for. [CNN] * Which law firms boast the best legal tech game? [Legaltech News] * The Second Circuit is bringing back the lawsuit over abuse of the no-fly list. The government allegedly dumped people on the no-fly list if they refused to be informants. [Law360]

Legal Institutions Are Not Prepared For More Student Loan Bankruptcies

Things must change, or law students and lawyers burdened by student debt might not feel truly empowered to declare bankruptcy to erase their student loans.

When PACER Is The Gift That Keeps On Giving

Who knew that reading dockets could be so fun?