Bob Mueller
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Biglaw, Sponsored Content
Will We See A Wave Of White-Collar Litigation?
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Justice
Doing Justice: An Evening With Preet Bharara At Cleary Gottlieb
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Morning Docket
Morning Docket: 02.14.19
* Paul Manafort is the Energizer Bunny of lying and he’d now botched his own plea deal. [Huffington Post]
* Apple attorney in charge of insider trading compliance charged with… insider trading. [Law360]
* John Roberts declared himself the First Amendment’s most passionate defender at the Supreme Court, which is absolutely true if you limit the First Amendment to political bribery and bigots with cake shops. [National Law Journal]
* EU adopts new copyright law! It’s… not good. [EFF]
* The Harvard admissions case — the Trojan horse action about gutting affirmative action programs — is now in the hands of Judge Allison Burroughs for the perfunctory first act on the road to a 5-4 Supreme Court opinion. [Law.com]
* Proskauer inches toward the $1B revenue mark. [American Lawyer]
* A review of Biglaw cafeterias in the UK. If any firms out there want Above the Law to duplicate this story here in America, feel free to give us a call. [Legal Cheek]
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Government
It's Not A 'Perjury Trap' Just Because You Plan To Commit Perjury
Trump's supporters are calling Mueller's request for an interview a "trap." They're wrong. -
Non-Sequiturs
Non-Sequiturs: 04.15.18
* Has it really come to this? Protesting a nice, nerdy, thoughtful law professor, simply because he questions the constitutionality of DACA (while supporting the DREAM Act)? [Josh Blackman]
* How much should we read into Team Mueller’s reassurance to President Trump that he is a subject rather than a target of its investigation? Not much, according to veteran criminal defense lawyer Joel Cohen. [The Hill]
* How would William Howard Taft have responded to attacks on judges? The POTUS turned SCOTUS chief was quite prescient about judicial independence — as explained by Jeff Rosen, author of a new Taft biography (affiliate link). [Volokh Conspiracy / Reason]
* Speaking of SCOTUS, what’s it like to work in the Solicitor General’s Office? One of the OSG’s newest members, former SCOTUS clerk Jonathan Ellis, pulls back the curtain. [Penn Law via How Appealing]
* How does Justice Gorsuch compare to Justice Scalia — not just in terms of personality, but also in terms of jurisprudence? [Empirical SCOTUS]
* And speaking of Justice Gorsuch, congratulations to Tobi Young, who will be clerking for NMG in October Term 2018 — and who is believed to be the first enrolled citizen of a Native American tribe to clerk for the Court. (By the way, I have another SCOTUS clerk hiring roundup in the works, so please send me your hiring news.) [Chickasaw Nation]
* Are you a healthcare lawyer? You might be interested in this new tool from Bloomberg Law. [Dewey B Strategic]
* Friendly reminder: the Global Legal Hackathon is entering its final stage, and you’re invited — hope to see you on April 21! [Artificial Lawyer]
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Department of Justice
Is The Justice Department Being Prepared For A 'Saturday Night Massacre'?
Are they setting the stage for getting rid of Bob Mueller? -
Non-Sequiturs
Non-Sequiturs: 08.16.17
* Not wasting any time: Judge Amul Thapar, recently confirmed to the Sixth Circuit, authors his first published opinion as a member of that court. [How Appealing]
* “Can private employers fire employees for going to a white supremacist rally?” It depends, as Eugene Volokh explains. [Volokh Conspiracy / Washington Post]
* Joel Cohen explores special counsel Robert Mueller’s decision to impanel a grand jury in D.C. [Huffington Post]
* Neha Sampat identifies three ways to hire resilient lawyers — and the benefits to diversity of focusing on resilience. [Law Practice Today]
* Adam Feldman looks at which lower-court judges see their dissents most often vindicated at the Supreme Court. [Empirical SCOTUS]
* Gerard Magliocca raises some interesting issues about possible ratification of the Equal Rights Amendment (ERA). [Concurring Opinions]
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Morning Docket
Morning Docket: 08.11.17
* President Donald Trump rejects reports that he’s considered firing special counsel Robert Mueller, while offering a less-than-ringing endorsement of his relationship with Attorney General Jeff Sessions: “It is what it is.” [New York Times]
* Former Trump campaign manager Paul Manafort, whose house was the subject of a predawn raid by the FBI, parts ways with WilmerHale and goes back to his former lawyers at Miller & Chevalier. [National Law Journal]
* Meanwhile, the Trump administration files its opening brief in the Supreme Court in the travel ban litigation. [How Appealing]
* Georgetown Law launches a new con-law center, the Institute for Constitutional Advocacy and Protection, led by star SCOTUS litigator Neal Katyal, former National Security Council official Joshua Geltzer, and former Justice Department official Mary McCord. [ABA Journal]
* Some Democratic senators claim that the White House isn’t consulting them enough about judicial nominations. [Politico]
* The hype may exceed the reality on alternative-fee arrangements — but not at pharma giant GlaxoSmithKline, which takes an aggressive and innovative approach to AFAs. [Am Law Daily]
* Settling the “pink slime” litigation cost Disney/ABC how much? [How Appealing]
* Also not cheap: the costs of bad-faith discovery spoliation. [Big Law Business]
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Morning Docket
Morning Docket: 08.04.17
* The White House announces ten new judicial nominations, including two for circuit courts (previously predicted in these pages). We’ll have more on this later. [Washington Times]
* King & Spalding joins Jones Day and Sullivan & Cromwell as a “feeder firm” for the Trump administration. [Law.com]
* Will the Trump Justice Department’s possible attack on affirmative action succeed? Law professors disagree. [How Appealing]
* Michelle Carter, the woman convicted for basically texting her boyfriend into committing suicide, gets sentenced to 15 months. [ABA Journal]
* White-collar criminal defense lawyers discuss what to expect from the grand jury convened by special counsel Robert Mueller. [National Law Journal]
* The trend continues: fewer law school graduates, better employment statistics. [ABA Journal]
* Elliot Katz, a leading lawyer in the self-driving-car space, motors from DLA Piper to McGuireWoods. [Law.com]
* If you’ll be online in the afternoon on Wednesday, August 16, join me and ABA Legal Career Central for a Twitter chat about career paths for lawyers, especially alternative careers. [American Bar Association]
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Morning Docket
Morning Docket: 07.21.17
* Congratulations to John K. Bush, who won confirmation to the Sixth Circuit despite his controversial undercover blogging. [How Appealing]
* Team Trump is digging into the backgrounds of special counsel Robert Mueller’s all-star team of attorneys, looking for discrediting dirt. [New York Times]
* DLA Piper swallows up Liner LLP, a California-based boutique with 60 lawyers — so, DLA’s idea of breakfast. [Law.com]
* Justice Alito defends his tenure on the Supreme Court cafeteria committee (in this hilarious piece by Jess Bravin). [Wall Street Journal via How Appealing]
* Ex-Dentons associate Michael Potere, represented by a public defender, pleads not guilty to charges that he tried to extort his former firm. [Law360]
* Is the relationship of President Trump and Attorney General Jeff Sessions damaged beyond repair? [New York Times]
* Is Charles Miller’s move to Tarter Krinsky & Drogin the beginning of a partner exodus from Kasowitz Benson — one possibly driven by the debacle of the Donald Trump representation? [New York Law Journal]
* Texas Southern University’s Thurgood Marshall School of Law gets censured by the ABA in the wake of sex-discrimination allegations. [ABA Journal]
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Department of Justice, Federal Government, Justice, Politics
Witch-Hunt Warning Signs From Special Counsel Robert Mueller
Look at Bob Mueller's team; are there no Republicans in the legal profession?
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Morning Docket
Morning Docket: 06.16.17
* Mike Pence has hired personal counsel: McGuireWoods partner, Richard Cullen. A former prosecutor, Cullen has extensive investigative experience. The difference between Marc Kasowitz and Cullen tells you everything you need to know about the difference between Donald Trump and Mike Pence. [CNN]
* Jared Kushner’s finances have come under Bob Mueller’s microscope. [Washington Post]
* HoLove is merging with Boston-based boutique, Collora. [ABA Journal]
* Trump’s transition team has received notice to preserve their documents. [New York Times]
* When mistaken identity fuels a conspiracy theory. [Law.com]
* Do you know what to do after a cyber attack? [National Law Review]
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Non-Sequiturs
Non-Sequiturs: 06.15.17
* CNN is suing to get a hold of Comey’s Trump memos. [CNN]
* Exactly whose ass is Sessions covering? [Slate]
* Gunning for Mueller. [Huffington Post]
* Jeh Johnson is the latest attorney offering public testimony in the Russia probe. [Politico]
* Intense confrontation on the courthouse steps at the Cosby trial. [Jezebel]
* Trump is being sued a bunch over emoluments — here’s what it all means. [Law Newz]
* The role of Trump’s anger in the Russia investigation. [Law and More]
* Has the legal scholarship bubble burst? [TaxProf Blog]
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Department of Justice, Federal Government, Justice, Politics
Robert Mueller Assembles An All-Star Legal Team
A great team of investigative lawyers, or the greatest team of investigative lawyers? -
Morning Docket
Morning Docket: 06.02.17
* Let’s get ready to rumble: the Trump administration seeks Supreme Court review — and rescue — of its travel ban. [New York Times]
* In other federal judicial news, the Ninth Circuit, sitting en banc, held that courts cannot routinely shackle defendants during proceedings; Judge Alex Kozinski wrote the majority opinion, and former Kozinski clerk Judge Sandra Ikuta wrote the dissent. [How Appealing]
* Judge Nicholas Garaufis (E.D.N.Y.) — who isn’t shy about telling lawyers how he really feels — has a new bee in his Article III bonnet: “I’m sick and tired of lawyers from white-shoe law firms marching into my courtroom and getting a deferred-prosecution agreement for their clients.” [ABA Journal]
* Why did President Donald Trump hire Marc Kasowitz to represent him in the Russia inquiry — and could DJT already be second-guessing that decision? [Weekly Standard]
* Speaking of the Russia probe, Robert Mueller is getting some high-powered help: outgoing Justice Department official Andrew Weissmann joins his former boss’s team. [Law360]
* Interesting new data from our friends at NALP: the $180K starting salary might not be as widespread as you think. [Law.com]
* President Trump plans to withdraw the U.S. from the Paris climate deal — but withdrawal can’t be finalized until near the end of his term because of the accord’s legal structure and language. [Washington Post]
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Politics, Technology
alt.legal: The Age Of Congressional eDiscovery
It all makes for good wonky perusing, especially for lawyers, and it helps put into perspective the work of government. -
Morning Docket
Morning Docket: 05.19.17
* Remember when Judge Nicholas Garaufis (E.D.N.Y.) flipped out at Kirkland & Ellis for not sending a partner to cover a status hearing? It seems K&E and its client Facebook’s groveling won over the judge: cases dismissed. [ABA Journal]
* A big settlement in the Takata air bags litigation — and presumably big legal fees for some of the firms involved. [National Law Journal]
* Congratulations to Judge Amul Thapar (E.D. Ky.) on clearing the Senate Judiciary Committee; he should hopefully be on the Sixth Circuit soon. [Washington Times]
* Congratulations to Rachel Brand on her confirmation as associate attorney general — although it’s unfortunate that more Democrats didn’t cross the aisle to support her. [Law360]
* And be careful what you wish for, Democrats: now that we have Robert Mueller as special counsel, congressional inquiries into Trump/Russia-related matters could stall. [Washington Post]
* Speaking of Russia probes, should President Donald Trump hire outside counsel to represent him? да, да. [New York Times]
* A closer look at prominent lawyer John K. Bush, nominated by President Trump to the Sixth Circuit. [Vetting Room via How Appealing]
* Does size matter? Yes — at least in this murder case where the defendant is invoking a “big penis” defense. [New York Post]
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Non-Sequiturs
Non-Sequiturs: 05.18.17
* Congratulations to Howard Bashman and our sister site How Appealing on 15 great years! [How Appealing]
* Roger Ailes, RIP. [Instapundit]
* Fellowships for training law professors are now a thing — but are they a good thing, wonders Professor Paul Horwitz? [PrawfsBlawg]
* “Immigration, Freedom, and the Constitution” — reflections on these timely topics from Professor Ilya Somin. [Volokh Conspiracy / Washington Post]
* Professor Leah Litman breaks down Rod Rosenstein’s appointment of Robert Mueller as special counsel in the Trump/Russia investigation. [Take Care]
* Tips from cyberspace lawyer Andrew Rossow for victims of the recent “WannaCry” ransomware attack. [Huffington Post]