Bernard Madoff

Jodi Arias

* A bipartisan immigration reform bill made its way through the Senate Judiciary Committee and will head to the Senate floor. Of course, the amendments in support of gay marriage didn’t make it in, but that may be moot soon anyway. [CNN]

* IRS official Lois Lerner may not be very “good at math,” but at least she seems to know the basic principles of constitutional law. She’ll invoke her Fifth Amendment rights before the House Oversight Committee today. [Politico]

* The D.C. Circuit ruled that the top secret Osama bin Laden death photos will remain top secret, but the internet’s desperate cries of “pics or it didn’t happen” will live on in our hearts. [Thomson Reuters News & Insight]

* Attention naysayers: it may be time to face the music. According to the latest Altman Weil survey, most law firm leaders think all of these fun recession-driven changes are here to stay. [Am Law Daily]

* Twenty-two law firms are banding together to fight against fraudulent financial products on a worldwide scale. It’s too bad this legal alliance didn’t exist before the Bernie Madoff scandal. [New York Times]

* It looks like New Jersey may soon be hopping aboard the “pro bono work before bar admission” train. You better hope you get your clinic placements in order, people. [New Jersey Law Journal (sub. req.)]

* The results for the February 2013 bar exam in California are out, and they’re frightening. It’s time to try that acting thing again, because only 41 percent of all test takers passed the exam. [The Recorder]

* Jodi Arias is now begging jurors to allow her to live out the rest of her days in prison. She wants to contribute to society by painting, recycling, and… not slashing additional throats. Lovely. [Fox News]

Judge Jed Rakoff

The trustee… having for more than three years issued empty threats to seek a halt to the attorney general’s suit, has lost his right to complain. Even on the merits, moreover, his bluster proves to be without substance.

– Judge Jed Rakoff (S.D.N.Y.), issuing a harsh benchslap to Irving Picard, the trustee involved in the Bernie Madoff case, for trying to block a settlement he wasn’t involved in between J. Ezra Merkin and New York Attorney General Eric Schneiderman.

* She loves me, she loves me not: media darling Sonia Sotomayor used to be in favor of the use of cameras during Supreme Court arguments, but she’s done a complete about-face on the issue, just like Justice Elena Kagan before her. [National Law Journal]

* Everyone and their mother knows what Antonin Scalia thinks of the State of the Union address, but let’s find out what my colleague Elie Mystal thinks about the good justice’s antics — namely, Scalia’s non-attendance for the past sixteen years. [HuffPost Live]

* American Airlines and US Airways will be merging to create the largest (and most awful) airline in the country. Perhaps the DOJ’s antitrust division can save us from this parade of horribles. [DealBook / New York Times]

* It looks like Team Togut is going to have a crappy Valentine’s Day. They thought that their partner problems were all wrapped up, but according to these filings, it seems that they’ve only just begun. [Am Law Daily]

* If Irving Picard, the trustee in charge of the Bernie Madoff bankruptcy case, is able to get his way, money will soon be raining upon the victims of the massive Ponzi scheme at warp speed. [WSJ Law Blog (sub. req.)]

* This probably isn’t just a “distraction” or “silly sideshow” anymore, because Apple now says it will be fighting Greenlight’s attempt to block the tech company from restricting its issuance of preferred stock. [Bloomberg]

* Instragram has asked a federal court to toss a lawsuit over changes to the photo-sharing app’s terms of service because it contests that users still own the rights to all of their fugly Walden-filtered pictures. [Reuters]

* Remember Kenneth Kratz, the former Wisconsin prosecutor who referred to himself as “the prize”? He’s settled his sexting suit with Stephanie Van Groll, also known as the “hot nymph.” [Twin Cities Pioneer Press]

* Go to grad school at Lehigh for free: check. Sue for $1.3M over your C+: check. Get chastised by a judge over your ridiculous lawsuit: check. Whatever, we still beat Duke, and that’s really all that matters. [Morning Call]

Today Allen Stanford, the former knight turned convicted Ponzi schemer, learned his fate. He was just sentenced by Judge David Hittner (S.D. Tex.).

Did Stanford get a bigger sentence than Bernie Madoff? The prosecution sought a longer sentence — 230 years for Stanford, compared to the 150 years received by Madoff.

Find out the Stanford sentence, and comment, over at our sister site Dealbreaker.

Steven Simkin: now with neckwear.

Remember Steven Simkin, the prominent Paul Weiss partner who sued his ex-wife for a better divorce deal? Simkin argued that even though he negotiated for and obtained the couple’s investment account with one Bernard Madoff as part of their 2006 separation agreement, his former wife should now pay him more money — since it was subsequently revealed, years later, that Madoff was running a huge Ponzi scheme.

As you may recall, I was not terribly sympathetic to Simkin. In my view, an expert negotiator like Simkin — the head of PW’s real estate practice, who was also represented by separate counsel in the divorce — should be required to live with the bargain he struck. In negotiating for and taking on the Madoff account, he also took on the risks associated with that investment.

An intermediate appeals court sided with Simkin. But now New York’s highest court, the Court of Appeals, has spoken….

double red triangle arrows Continue reading “New York Court Rules on Biglaw Partner’s Request for a Divorce Deal Do-Over”

What you do in mediation is recite the realities. You don’t have to be brilliant. It’s called common sense.

Mario M. Cuomo, the former New York governor who spoke to the New York Times about mediating the lawsuit brought against the New York Mets by the trustee for the victims of Bernie Madoff. Today, the parties agreed to settle for $162 million.

* Like many of the victims of Bernie Madoff’s Ponzi scheme, he and his wife contemplated suicide, too. But come on, why bother? Was career suicide just not good enough? [New York Times]

* For Sale: One Illinois law license at discount price! Hasn’t been used in 15 years — almost like new. Slightly tarnished. If interested, please contact Rod Blagojevich ASAP. [Chicago Sun-Times]

* Howrey gonna get paid? With a $3M bill and a new Chapter 11 bankruptcy trustee in place, that’s what all of these professional service firms are wondering. [Am Law Daily]

* 1Ls may be dumber this year, but prospective law students have gotten 13% smarter. That isn’t saying much, though, because 68% of them still want to go to law school. [National Law Journal]

* The TSA agent who advised this lawyer to “get her freak on” after spying a sexy personal item in her luggage has been professionally spanked. [New York Post]

Non-Sequiturs: 08.25.11

Watch my fat wallet devour its prey.

* Should we allow circuit judges to sit by designation on the U.S. Supreme Court? Here’s an interesting idea from Professor Gerard Magliocca. [Concurring Opinions]

* Hey Yalies: Did your alma mater accidentally make your name and Social Security number available to the public? (I got a letter about this; I guess it was legit.) [Gawker]

* You’ve got mail! It looks like a bill — from Wachtell Lipton. [Adweek]

* My morbidly obese, George Costanza monstrosity gets a shout-out in an article about oversized wallets. [Smart Money]

Bernie Madoff

* Is Harvard developing a course on business ethics based on the career of Bernie Madoff? Madoff apparently thinks so. [Dealbreaker]

* To all of you who say that my home state of New Jersey is good for nothing, read this. [DNA Info]

* Employment lawyers, any thoughts on this type of workplace behavior? [Fashionista]

* To those of you who want us to moderate comments more aggressively — we do moderate, but only in extreme cases, when brought to our attention — consider these wise words from Professor Paul Campos (aka ScamProf): “Law in general and law school in particular is already too full of fake politeness, fear-induced groveling, craven appeasement of dubious authority figures, unappetizing obsessions with hierarchical status, and other forms of soul-crushing inauthenticity.” So there. [Inside the Law School Scam]

Fortunately, you gave me so much paper. Otherwise, I would have had to watch a Mets game, which would have been a very painful process.

– the eminently quotable Judge Jed Rakoff (S.D.N.Y.), praising the thorough briefing by lawyers involved in the legal battle between the Bernard Madoff trustee, Irving Picard, and the owners of the New York Mets, Fred Wilpon and Saul Katz.

Morning Docket: 05.27.11

* Drowning in loan debt? There’s a niche for that! A Connecticut lawyer is paying off his $160K of law school loans with a client base comprised of — you guessed it — lawyers. [Hartford Business Journal via ABA Journal]

* In New York, new “while black” violations seem to pop up every few months. Apparently, riding in a taxi is now a friskable offense. [Metropolis / Wall Street Journal]

* Madoff investors aren’t happy about the fact that that Irving Picard charges $5,803.00 a day. Don’t hate the playa, hate the game. He can’t help it that every day he’s hustlin’. [Bloomberg]

* More and more women are climbing the law school deanship ladder, but what I really want to know is why all of these successful women are trying to make themselves look so butch. [National Law Journal]

* Those of you who are trying to lawyer-proof your rapey behavior taking the New York bar exam may want to check out this article about DSK’s sexy past for a refresher on the rules of evidence. [Reuters]

* “An inveterate scam artist whose misconduct extends across decades and borders.” Facebook’s answer in the Ceglia case makes it sound as if this dude is a movie villain. That would sound great in a trailer. [Not-So Private Parts / Forbes]

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