* The D.C. Circuit struck down a key component of Obamacare while a few miles away, the Fourth Circuit disagreed. This sets up an intriguing circuit split that will be resolved as soon as the D.C. Circuit takes it up en banc. Until then though, let the mainstream media talking heads freak out about what this all means. [NBC News]
* Professor Thane Rosenbaum writes in the Wall Street Journal (natch!) defending the deaths of civilian Palestinians using the same logic that Osama bin Laden used to justify 9/11. He probably should have done a little more research. [Slate]
* Amelia Boone, a Skadden Chicago bankruptcy associate, is a world champion Tough Mudder and Spartan Race runner. Because who says cruelly abusing yourself has to be limited to the work week? [Outside]
The old ball and chain, dischargeable in bankruptcy only in the most limited of cases. Go ahead, try and prove you’ve got a ‘substantial hardship’ preventing you from paying. We dare you.
* Now that a federal judge has classified California’s death penalty as unconstitutional, it’s only a matter of time before the issue reaches the Supreme Court. We have a feeling the justices will likely roll their eyes. [National Law Journal]
* Word on the street is that Bingham McCutchen has got the urge to merge, and has apparently spoken to a handful of potential partners over the course of the past three months. We’ll have more on these developments later. [Reuters]
* As it turns out, it was neither Wachtell Lipton nor Jenner & Block that managed to snag the coveted GM litigation oversight job. Nice work, Quinn Emanuel — you’re considered a “well-respected outside law firm.” [WSJ Law Blog]
* Congrats, Flori-duh, you did something right. A state court judge has ruled that Florida’s ban on gay marriage violated the U.S. Constitution in the latest post-Windsor victory for equality. Yay! [Bloomberg]
* Thanks to their hundreds of thousands of dollars in law school debt, many graduates are considering declaring bankruptcy. Too bad most won’t be able to get their loans discharged. [Connecticut Law Tribune]
How the cupcake crumbles: the once-successful venture of an NYLS grad and her husband needs a rescue.
* “Duke University is not and never has been in the business of producing, marketing, distributing, or selling alcohol.” Some bros down in Durham disagree. [ABA Journal]
* If you see something… sue someone? The ACLU and Asian American civil rights groups, together with some help from Bingham McCutchen, have filed a legal challenge to the Suspicious Activity Reporting database. [New York Times]
* Congrats to David Hashmall, the incoming chair of Goodwin Procter — and congrats to outgoing chair Regina Pisa, the first woman ever to lead an Am Law 100 firm, on her long and successful leadership. [American Lawyer]
* A group of investors might end up devouring Crumbs, the cupcake-store chain founded by New York Law School grad Mia Bauer that suddenly shut down this week amid talk of a bankruptcy filing. [Wall Street Journal (sub. req.)]
You sometimes hear Biglaw litigators complain about courts not publishing enough opinions about discovery issues. Discovery (especially e-discovery) is such a major — and majorly expensive — part of the complex litigation in which large firms specialize, but there aren’t that many decisions on the books over such nuts-and-bolts issues as responsiveness, privilege, and work-product doctrines.
So it’s noteworthy that the Massachusetts Appeals Court just issued an opinion featuring extended discussion of the work-product doctrine. Some Boston Biglaw litigators will surely welcome the additional guidance on this subject.
But not all of Boston Biglaw will be pleased by this decision. Certainly not the major firm that could wind up getting hit with sanctions as a result….
* Federal judges still have financial allegiances to their former firms that are reported on their mandatory annual disclosures. At least one appellate judge — Jay Bybee of the Ninth Circuit — made a killing after confirmation. [National Law Journal]
* After “a challenging 2013,” Bingham McCutchen is leaking lawyers like a sieve. Fourteen attorneys, including nine partners, recently decided to leave the firm, and they’re all headed to different Biglaw locales. [WSJ Law Blog via Reuters]
* Just one day after Donald Sterling was declared “mentally incapacitated,” he filed a lawsuit against the NBA, seeking more than $1 billion in damages. Skadden lawyers are stripping off their warm-up suits to take it to the court. [USA Today]
* This Am Law 200 firm thinks it figured out a way to help women combine their careers and home lives — by hiring a role model/mentor with an almost six-figure salary. Good idea or bad? [Dallas Morning News]
* We’ve got some breaking news for our readers from the “no sh*t” department: Law schools are competing to cut costs based on a shrinking applicant pool, but tuition is still quite unaffordable. [Houston Chronicle]
* Lewis Katz, co-owner of the Philadelphia Inquirer and alumnus of Dickinson Law, RIP. [Onward State]
* Justice Ruth Bader Ginsburg may retire by the end of summer 2015, or she may retire by the end of summer 2017, or she may retire whenever she damn well pleases. For the love of God, please stop with this. [Legal Intelligencer]
* The Fourth Circuit appears to be split on Virginia’s gay marriage ban. The Tenth Circuit appeared to be split on Utah’s gay marriage ban. We’ll give you three guesses on the eventual Supreme Court outcome. [New York Times]
* Law deans lose their jobs when their schools drop in rank, and it seems Biglaw chairmen lose their titles when their firms post the worst single-year drop in revenue ever. Sorry Bingham McCutchen. [Am Law Daily]
* Ex-D&Ler Zach Warren wants to sever his case from the likes of Joel Sanders and the Steves, using a “guilt by association” argument. The only thing he’s guilty of is being too cute. [National Law Journal]
* The drama continues at Albany Law, where faculty members now face possible pay cuts or being put on unpaid leave following a “smear campaign” waged against Dean Penelope Andrews. [Albany Times Union]
* Meow! Last week, in a rare move, Justice Sonia Sotomayor let the world see that she’s not exactly the best of friends with Chief Justice John Roberts through her fiery dissent in the Schuette affirmative action case. [National Law Journal]
* The Am Law 100 law firm rankings are out, and 2013 is being described as a “middling” year for most Biglaw firms. On the bright side, it looks like the big and rich got even bigger and richer. We’ll have more on this later. [American Lawyer]
* Secrets, secrets are no fun: The search for a new dean is on at George Washington University Law, but professors say they were “sworn to secrecy” on the candidates who’ve visited campus. [GW Hatchet]
* “It’s not about me getting the money; it’s about showing the NFL you can’t do this.” Ex-Vikings punter Chris Kluwe may sue the team after being cut for expressing positive views on gay marriage. [NBC Sports]
* Donald Sterling’s wife ain’t sayin’ V. Stiviano is a gold digger — she’s alleging V. Stiviano is a gold digger. This, plus the accusations of racism against Sterling, is a flagrant foul. [L.A. Now / Los Angeles Times]
* The Coalition for Court Transparency sent a letter to Chief Justice John Roberts, pleading that he allow cameras in the courtroom. Not sure how well this will go over, thanks to last month’s oral arguments interruption by a protestor. [Legal Times]
* Hot on the heels of the news that the firm posted its worst financial performance in six years, Bingham McCutcheon is leaking laterals. Morgan Lewis just poached four lawyers across three cities right out from under the firm’s nose. [Am Law Daily]
* If you were a law school dean, we sincerely hope you’d just live with the consequences of an enrollment decline instead of lowering your admission standards to put more asses in seats. [National Law Journal]
* Nancy Grace must defend herself against a defamation suit filed by Michael Skakel. It’s almost fitting that she’d get sued over talking about someone allegedly masturbating in a tree. [Hollywood Reporter]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
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