California

Big Bay Boom

* What kind of a Dewey pun will be used later today when we discuss this global “clawback” deal for former D&L partners? I dunno, but “Dewey know how f**ked we are?” seems rather appropriate at this point. [Wall Street Journal (sub. req.)]

* Judge Lucy Koh recused herself from a Facebook privacy lawsuit without providing a reason for doing so. Given that a petition to impeach her popped up online, she probably doesn’t want to piss off any other tech companies right now. [Reuters]

* Mississippi: a state where legislators want to protect women from unscrupulous abortion practitioners their own choices about their bodies. A judge has extended a temporary order to allow the state’s only abortion clinic to remain open. [CNN]

* Good news, everyone! Median starting salaries for recent law school graduates are no longer in the six-figure range due to an “erosion in Biglaw jobs.” Still think you’re going to make big bucks? [ABA Journal]

* A San Diego, California fireworks fiasco that lasted all of 15 seconds yielded not only a bunch of fabulously entertaining YouTube videos, but also great lawsuit fodder for environmental groups. [National Law Journal]

* Note to unemployed law school graduates in New Jersey: selling black-market kidneys isn’t a half-bad career choice, because if you get caught, you’ll likely only be sentenced to 30 months in prison. [Bloomberg]

Morning Docket: 07.11.12

Approved method for drinking in public.

* Following yesterday’s hearing, Kleiner Perkins may be able to get a second bite at the proverbial apple after a judge tentatively denied the firm’s bid to arbitrate Ellen Pao’s gender discrimination suit. [The Recorder; Bits / New York Times]

* Ogletree Deakins has allegedly got 99 299 problems, and a b*tch ain’t one billing errors are all of ‘em. Arizona’s Maricopa County wants a refund, and it plans to debar the firm from additional work for the next three years. [ABA Journal]

* Not everything’s bigger in Texas: attorneys for Lance Armstrong have refiled a shorter version of his lawsuit against the U.S. Anti-Doping Agency after suffering a brutal benchslap at the hands of Judge Sam Sparks. [Los Angeles Times]

* Screw your ban on non-lawyer investors, we’ll expand anyway! Jacoby & Meyers merged with Chicago’s Macey Bankruptcy Law to create a 300-attorney adventure in awful lawyer advertising. [National Law Journal]

* The bell has not yet tolled for Florida lawyer Frank Louderback, who will now be able to attend the 32nd Annual Ernest Hemingway Look-alike Contest thanks to his client’s last minute guilty plea. [Tampa Bay Times]

* “I don’t care what the law says, you’re getting a summons.” Sorry, officer, but you don’t mess with a Brooklyn Law student’s booze, because he’ll challenge New York’s open-container law. [City Room / New York Times]

Non-Sequiturs: 07.10.12

* What if — gasp — we rewrote the U.S. Constitution today? Take a look at this discussion once you’ve picked up your shattered originalist jaw from the floor. [Room for Debate / New York Times]

* Kim Dotcom’s extradition hearing has been postponed until next spring. Maybe this will allow him more time to throw bodacious pool parties. [Threat Level / Wired]

* A photo of $211,223.04 that Matthew Inman of the Oatmeal raised for charity. Hopefully this means that the Oatmeal/Charles Carreon lawsuit circus is finally leaving town. [The Oatmeal]

* “Bada da da daaah… I’m loving it! Now give me my Big Mac or I’ll shoot you in the face.” [Legal Juice]

* A San Francisco restaurant finds an creative way around California’s new foie gras ban. Force-fed duck liver 4Lyfe! [Inside Scoop SF]

* The Supreme Court Term feels like a distant memory, but now’s a good time to look back on it with added perspective. Courtesy of MoloLamken, here’s a great guide to the big business cases of the Supreme Court Term just ended. Download or print it, then read it at your leisure. [MoloLamken (PDF)]

* A nice review of Inside Straight columnist Mark Herrmann’s new book. (The ATL commenters even get a shout out. Boo yah!) [Legal Writing Prof Blog]

* Dewey know how many professional firms have been allowed to stay on as advisers for the largest law firm bankruptcy in U.S. history? Six out of nine firms were permitted to continue services, but Proskauer wasn’t one of them. [Am Law Daily (sub. req.)]

* In other defunct firm news, Al Togut will be presenting Dewey & LeBoeuf’s former partners with a proposed settlement on Wednesday. You’ve been warned: prepare yourselves for some Biglaw-style bitching. [Thomson Reuters News & Insight]

* Despite reports of the billable hour going the way of the dodo bird, it looks like they’re here to stay. Right now, corporate law departments are still much more excited about alternative billing arrangements than law firms. [WSJ Law Blog]

* Judge Sam Sparks, the King of Benchslaps, dismissed Lance Armstrong’s lawsuit against the USADA in record time. That ruling came too quickly — guess it’s time to investigate judicial doping. [New York Times]

* Marc Dreier’s son, Spencer Dreier, is representing himself pro se in a defamation suit against his former college roommate. Looks like Daddy couldn’t spring for his kid’s lawyer while he was in the clink. [Bloomberg]

* A California woman claims that the Food and Drug Administration’s methods regarding sperm donations are unconstitutional. Why should she have to go to an intermediary to get sperminated? [Huffington Post]

* Do you smell what The Rock is cooking? It’s not exactly something to be proud of. Actor Dwayne Johnson is listed as a “co-conspirator” in a $1.8M fraud lawsuit that’s been filed by a South Florida family. [NBC Miami]

I’m one of those lawyers that goes on vacation. Not just long weekends, real vacations. I pity those of you that pride yourselves in announcing, “I don’t take vacations.” Good for you, you pathetic drone. I didn’t take vacations at first, as I was always fearful that someone would call to hire me on a non-emergency basis and wouldn’t wait until I came back. Now I don’t care. If you can’t wait until I come back, there are plenty of lawyers on the internet to hire that can take your PayPal payment online and send you whatever documents you think you need to handle your case.

When was I able to take my first two-week vacation and not worry about business? After 14 years in private practice. I say that because I know how patient all of you are out there.

First, let me congratulate the commentariat, who I found in San Francisco had turned their child-like recurring comments into a t-shirt business. See, there’s all kinds of ways to make money as an unemployed lawyer, not to worry. (For those of you that tell me you don’t read the comments, it’s okay, just look at the picture and imagine those phrases being said over and over again, anonymously.)

Anyway, when I’m on vacation, I think about my business. I think about what I love, what I hate, and what I want to change. There is nothing like thinking about your business (not the cases or the clients) while you are away from the phone calls (if your phone is ringing), other interruptions, the deadlines, and all the trappings of a lawyer’s day. (That was tip number one of today’s column for those of you shallow folks that can’t comprehend messages that aren’t in your face with drawings.)

One of the things I do a lot while I’m away is watch other businesses. I try to figure out how they make their money, why their employees are happy, or unhappy, why their customers patronize the store, restaurant, tour company, and how they handle problems. You’re an idiot if you are trying to build your law practice solely by watching how other lawyers run their practices. Client dynamics can be found in many places, and ideas come from everywhere. Most lawyers are doing it wrong anyway. (Enter tip number two — see how that works?)

Here’s what I saw over two weeks in California….

double red triangle arrows Continue reading “The Practice: What I Did On My Summer Vacation”

June wasn’t exactly hot in terms of bonus payouts, but the weather sure heated up quickly. And thanks to the lawyers we’ve singled out for Lawyer of the Month candidacy, June turned into a real scorcher in terms of humorous legal antics and allegations of attorney misconduct.

While some lawyers allegedly participated in scandalous aeronautical activities, others were literally condemned to crappy community service projects. But who will come out on top in our monthly contest?

Take a look at our nominees for June’s Lawyer of the Month and find out….

double red triangle arrows Continue reading “Lawyer of the Month: June Reader Poll”

Ed. note: Your Above the Law editors are busy celebrating their freedom today (and we hope that you are, too). We will return to our regular publication schedule on Thursday, July 5.

* At this point, the Supreme Court’s dramatic deliberations on the Affordable Care Act are like a leaking sieve. Now we’ve got dueling narratives on Chief Justice Roberts’s behind-the-scenes flip-flopping. [WSJ Law Blog]

* Life, liberty, and the pursuit of fabulosity! The Department of Justice has asked the Supreme Court to grant cert on two DOMA cases, contending that Section 3 of the statute is unconstitutional. [Poliglot / Metro Weekly]

* A famous fabulist: according to California’s State Bar, disgraced journalist Stephen Glass is a “pervasive and documented liar,” but that’s not stopping him from trying to get his license to practice law. [Los Angeles Times]

* Clayton Osbon, the JetBlue pilot who had an epic mid-flight nutty and started ranting about religion and terrorists, was found not guilty by reason of insanity by a federal judge during a bench trial. [New York Post]

* After a month of bizarre legal filings, Charles Carreon has dropped his lawsuit against Matthew Inman of The Oatmeal. We’re hoping that there will be an awesome victory cartoon drawn up soon. [Digital Life / Today]

* Northwestern Law is the only American law school to have joined a 17-member global justice league geared toward legal teaching and research collaborations. But do they get cool costumes? [National Law Journal]

* UNC Law received two charitable gifts totaling $2.7M that will be used to fund tuition scholarships for current and future students. Maybe their students won’t have to create tuition donation sites anymore. [Herald-Sun]

* This law is for the birds (literally and figuratively). California’s ban on the sale of foie gras had only been in effect for one day before the first lawsuit was filed to overturn it as unconstitutional. [San Francisco Chronicle]

* The National Oceanic and Atmospheric Administration of the Department of Commerce recently announced that mermaids do not exist. Not to worry — it’s still legal to believe that Ariel is a babe. [New York Daily News]

Welcome to your new home PTO!

Did you know that for years, the U.S. Patent and Trademark has operated almost entirely out of one location in northern Virginia? Kind of odd, seeing as out in California we’ve got that whole Silicon Valley thing going on. And Virginia is kind of far away.

But, no longer. The PTO announced that it is opening several new offices across the country. Can you guess where?

double red triangle arrows Continue reading “Patent Office Comes to California, Where the Innovators Live”

It’s hard out here for a judge. Deciding people’s fates is fraught with serious ethical and moral questions, as well as occasional risks to personal safety. Some convicted criminals don’t take kindly to prison, and judges can face the wrath of a prisoner’s family.

So what can a judge do to protect his privacy and safety? Use technology of course! The whiz kids at Abine, the company that came up with Do Not Track Plus, have a new product that fills that need, or more generally, the need of anyone who wants to get their private data off the internet. The company recently announced a partnership with the California Judges Association….

double red triangle arrows Continue reading “How Can a Worried Judge Go Off the Grid — Without Actually Going Off the Grid?”

If I’ve learned one thing from Above the Law’s experiment in matchmaking, it’s that throwing two pretty people together is about as effective in generating something that sticks as a DOJ prosecution of [fill in the blank].

I recently matched an “open-minded” female law student with a lawyer on sabbatical in San Francisco, figuring that they would both have unstructured time for hanging out. She was looking for someone “ambitious, confident, and outgoing.” He self-described as “Impossible is Nothing.” So that seems like a perfect match.

I had them meet at Candybar. Superman made a good first impression: “I was hoping for a tall, dashing, Biglaw attorney. But really, as long as he was easy on the eyes and not shorter than me, I’d be happy,” writes our female law student, who given the chance to bed any lawyer, fictional or real, chose Harvey Specter of Suits. “And happy I was.”

Unfortunately, she was no Lois Lane. He says: “I think I’ll start with the tl;dr to hopefully save some of the otherwise wasted billables on my lame story: She is a cute, fun girl who I just unfortunately didn’t feel much of a connection with, probably because of the damage law school is doing to her.”

Hey, you knew you were signing up for a legal matchmaking service. Damaged goods expected….

double red triangle arrows Continue reading “Courtship Connection SF: ‘Law School Has Ruined Her’”

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