Confirmations

  • Morning Docket: 11.29.17
    Morning Docket

    Morning Docket: 11.29.17

    * Recently confirmed Judge Timothy J. Kelly (D.D.C.) has refused to block Mick Mulvaney from serving as acting director of the Consumer Financial Protection Bureau, denying a request from would-be director Leandra English’s for a temporary restraining order. Donuts for everyone! [CNN]

    * The Senate has confirmed Greg Katsas, one of President Trump’s former legal advisers, to the D.C. Circuit. The Thomas law clerk will replace Judge Janice Rogers Brown on one of the nation’s most influential courts. [ABC News]

    * AT&T has responded to the Justice Department’s lawsuit over its planned merger with Time Warner, and things just got ugly. AT&T claims that the government has no antitrust argument because it’s not buying a competitor. [Washington Post]

    * For the second time this year, the Supreme Court has suspended the wrong attorney. This time around, the Supreme Court bar accidentally suspended a former Supreme Court employee. Oopsie! [Associated Press]

    * With the goal of having women make up at least 50 percent of the leadership roles on its litigation teams, JPMorgan is trying to make a major statement with its latest initiative for women in the legal profession. [American Lawyer]

    * “I don’t give a f–k, I will burn the place to the ground….” Ross Cellino and Stephen Barnes of Cellino & Barnes continue to have a very friendly relationship as the firm is dissolved. [New York Daily News]

  • Morning Docket: 04.07.17
    Morning Docket

    Morning Docket: 04.07.17

    * According to Senate Majority Leader Mitch McConnell, Judge Neil Gorsuch will be confirmed to the Supreme Court at about 11:30 a.m. on the first day of the Senate’s nuclear winter. Now that we’re in the nuclear age, when it’s time for the next SCOTUS nominee’s confirmation hearings, Senator Orrin Hatch “expect[s] Armageddon.” [CNN]

    * It’s been about a month since Preet Bharara was ousted from his position as the U.S. Attorney for the Southern District of New York, and he isn’t mincing his words when it comes to his firing, calling it “a direct example of the kind of uncertain helter-skelter incompetence” people associate with the Trump administration. [New York Times]

    * Speaking of the Trump administration’s “helter-skelter incompetence,” Twitter has filed suit against the Department of Homeland Security in an attempt to block an agency summons to reveal the identity of @ALT_uscis, an anonymous user who has used the social media platform to criticize the president’s immigration policies. [Reuters]

    * According to the latest data from Bloomberg, Cleary Gottlieb handled the largest volume of M&A deals in 2017’s first quarter, with the firm involved in 22 deals worth more than $98 billion. Skadden Arps, Cravath, Kirkland & Ellis, and Slaughter and May fell in line behind Cleary, each surpassing $54 billion in deal volume. [Big Law Business]

    * Welcome back, John White! Now that Mary Jo White has departed from her position at the U.S. Securities and Exchange Commission and is back at Debevoise & Plimpton, her husband — who was the firm’s lone nonequity partner for four years — will return to the firm’s equity partnership, where he can enjoy all of the rain he makes. [Am Law Daily]

  • Morning Docket: 04.05.17
    Morning Docket

    Morning Docket: 04.05.17

    * Talk about an alleged fashion faux pas! LuLaRoe, the maker of the “buttery-soft” leggings that have taken the internet by storm, is facing a class-action lawsuit over the quality of the company’s leggings. Plaintiffs claim that the leggings as “tear[] as easily as wet toilet paper.” LuLaRoe, of course, has stated that the allegations are “completely without merit.” [BuzzFeed]

    * “There’s a reason they call it the nuclear option, and that is because there’s fallout. And this fallout will be dangerously and perhaps disastrously radioactive for the Senate for years to come.” Senate Majority Leader Mitch McConnell has set a vote to change Senate rules in order to confirm Supreme Court nominee Judge Neil Gorsuch. [Reuters]

    * In a landmark en banc decision, the Seventh Circuit reversed itself and ruled that the Civil Rights Act of 1964 protects LGBT employees from workplace discrimination on the basis of sexual orientation. This is not only the first time in history that a federal appellate court has come to this conclusion, but it also creates a split from a recent Eleventh Circuit opinion. This will likely be heard by the Supreme Court. [TIME]

    * Squire Patton Boggs has formed an alliance with Donald Trump’s longtime personal attorney, Michael Cohen, who credits himself as the one who convinced the president to run for office. At this time, it’s unclear what exactly Cohen will be doing for the firm, but he’ll be working from the firm’s offices in New York, London, and D.C. [WSJ Law Blog]

    * Dislike: Facebook must turn over digital information from almost 400 user accounts following its failed bid at the New York Court of Appeals to appeal a bulk warrant on privacy grounds. A lone judge dissented, bemoaning the fact that the high court punted on a case that could have disastrous effects on civil liberties. [New York Daily News]

  • Morning Docket: 04.04.17
    Morning Docket

    Morning Docket: 04.04.17

    Even conservatives are concerned about the damage that invoking the nuclear option for Judge Gorsuch’s SCOTUS nomination will do.

    * “This is going to haunt the Senate, it’s going to change the judiciary, and it’s so unnecessary.” Senate Democrats have secured the votes to filibuster Judge Neil Gorsuch’s Supreme Court nomination, all but ensuring that Senate Republicans will invoke the nuclear option, and even conservatives are concerned about the damage it will do. [New York Times]

    * It turns out that the Wallace Global Fund tried hire another Biglaw firm to replace Morgan Lewis & Bockius prior to kicking the firm to the curb over its representation of President Donald Trump. Apparently Arnold & Porter “would have been perfect,” but that firm represents Trump too, so it was a “deal killer.” [Big Law Business]

    * “It’s like a marriage but infinitely complex. In the beginning, it was appealing, but as you went along you see the synergies are not there.” Following a short romance, it looks like Crowell & Moring and Herrick Feinstein are breaking off their engagement before wasting their time getting married and going through a messy divorce. [New York Post]

    * You give love legal ethics a bad name: Remember Tara Lenich, the ADA who was accused of forging judges’ signatures to wiretap a love interest and a coworker in a “love triangle gone wrong”? She pleaded guilty to two charges of illegal wiretapping, and could face up to 10 years in prison and a fine of up to $250,000. [Brooklyn Daily Eagle]

    * If you’re a prospective law student with a learning disability or attention disorder, you may be worried about keeping up with the rigors of legal study. Don’t let it get you down. Request an accommodation, but make sure you do so before it’s too late or you may screw yourself out of getting the help you need. [Law Admissions Lowdown / U.S. News]

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  • Morning Docket: 03.28.16
    Morning Docket

    Morning Docket: 03.28.16

    * The ABA has placed Arizona Summit Law School on probation for its poor bar exam passage rates and questionable admissions practices. How will this affect the school’s affiliation with Bethune-Cookman University? Will the Department of Education strip the law school of access to the federal student loan program like what happened with Charlotte School of Law? We’ll have more on this later today. [Arizona Republic]

    * More Democratic senators have announced their opposition to the confirmation of Supreme Court nominee Judge Neil Gorsuch of the Tenth Circuit, but the White House is calling for a “fair, up-or-down vote.” Hmm, when the previous administration called for a hearing followed by a “fair, up-or-down vote” for Supreme Court nominee Judge Merrick Garland of the D.C. Circuit, the request went completely ignored. [Reuters]

    * The Eastern District of Texas is home to more than 40 percent of all patent lawsuits, but the Supreme Court may decide to send patent trolls packing to other jurisdictions when it hands down its ruling in TC Heartland v. Kraft Foods. This case may not only resolve a Federal Circuit decision that’s at odds with SCOTUS precedent, but it may bring forum shopping in patent cases to an end. [DealBook / New York Times]

    * As we mentioned previously, it was rumored that President Donald Trump would be nominating White House deputy counsel Makan Delrahim to lead the Justice Department’s Antitrust Division. It looks like Trump finally decided to pull the trigger to elevate Delrahim to the position. He’ll need to be confirmed by the Senate, which should be a relative breeze for him compared to other Trump nominees. [Law 360 (sub. req.)]

    * Eric Conn, a Social Security disability lawyer known as “Mr. Social Security,” recently pleaded guilty to one count of theft of government money and one count of payment of gratuities in the largest Social Security fraud scheme in recent memory, submitting false medical paperwork and fake claims to the Social Security Administration to the tune of $550M. He earned himself more than $5.7M in fees as part of the scam. [WSJ Law Blog]

  • Morning Docket: 03.26.17
    Morning Docket

    Morning Docket: 03.26.17

    * “I’m guessing they have had a number of long days and potentially sleepless nights.” The government lawyers behind the efforts to repeal the Affordable Care Act and replace it with the American Health Care Act have had a rough go of things. Who are they, which law schools did they attend, and which Biglaw firms did they work for before becoming Hill lawyers? [National Law Journal]

    * Don’t forget about Merrick: A third of Democratic senators have pledged to vote against confirming Supreme Court nominee Judge Neil Gorsuch. At this time, it remains unclear as to whether there will be a united effort by Democrats to oppose his confirmation when the Senate Judiciary Committee votes on April 3. [Reuters]

    * Guess who isn’t boycotting Hawaii? People who apparently have a vendetta against this federal jurist. Judge Derrick Watson of the District of Hawaii has been receiving death threats ever since he blocked President Donald Trump’s revised travel ban on March 15. He is now receiving 24-hour protection from the U.S. Marshals Service. [The Hill]

    * The Second Circuit has upheld New York’s ban on non-lawyers investing in law firms. Personal injury firm Jacoby & Meyers argued that the state’s prohibition on non-lawyer investment violated lawyers’ First Amendment right to associate with clients, but the court found that connection to be “simply too attenuated.” [New York Law Journal]

    * Ithaca may be gorges, but it can’t compete with the Big Apple with it comes to hands-on learning about issues dealing with cutting-edge tech. Cornell Law is launching a semester-long Program in Information and Technology Law at its Tech campus on Roosevelt Island in New York City that’s slated to begin in Spring 2018. [WSJ Law Blog]

    * Judge Edward J. McManus, the longest serving of any incumbent judge in the United States (and third-longest servng in the history of the United States), RIP. [N.D. Iowa]

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  • Morning Docket: 03.23.17
    Morning Docket

    Morning Docket: 03.23.17

    * “You have been very much able to avoid any specificity like no one I have seen before. And maybe that’s a virtue, I don’t know. But for us on this side, knowing where you stand on major questions of the day is really important to a vote.” Despite hours of questioning, Senate Democrats were unable to get Judge Neil Gorsuch to commit to any response beyond researched generalities. At this point, his confirmation seems inevitable. [New York Times]

    * Sure, Biglaw associates want their firms to be more progressive when it comes to flexible working arrangements, but that doesn’t mean they feel comfortable taking advantage of the programs being offered. Per a survey conducted by the Diversity and Flexibility Alliance, only 8.8 percent of lawyers at firms with reduced hours policies actually work reduced hours. We’ll have more on this later today. [Big Law Business]

    * Is this the end of the Swiss verein? While the legal structure has been adopted in almost every major cross-border law firm merger in recent memory, both of the last two transatlantic Biglaw tie-ups opted to use an entity called the company limited by guarantee (CLG). Apparently this legal structure is being favored for new law firm combinations because there are still questions about vereins’ proper use. [Am Law Daily]

    * Dean Alex Acosta of Florida International University School of Law, a man who is better known these days as Trump’s nominee to be the Secretary of Labor, not only says the fiduciary rule requiring retirement investment advisers to put their clients’ interest first goes too far, but indicated that he may decline to defend a rule doubling the salary ceiling under which employees would be eligible for overtime pay. Ouch. [Reuters]

    * Now that Harvard Law has decided to accept applicants’ GRE scores in lieu of their LSAT scores for admissions purposes, other law schools have decided to try the alternative exam on for size. Suffolk Law, for example, launched a study last week and offered students $100 to take the GRE. Suffolk’s dean says that “the mad dash for the GRE is not being driven by declines in applications.” Bless your heart. [Boston Globe]

  • Morning Docket: 03.22.17
    Morning Docket

    Morning Docket: 03.22.17

    * “When anyone criticizes the honesty, integrity, the motives of a federal judge, I find that disheartening. I find that demoralizing, because I know the truth.” During the tail end of the second day of his marathon confirmation hearing, Judge Neil Gorsuch let it be known for the first time publicly that he wasn’t pleased with President Trump’s attacks on his judicial colleagues. [CNN]

    * While the legal world was preoccupied with Judge Gorsuch’s confirmation hearing yesterday, SCOTUS was still on the job, with the justices busy putting the kibosh on some presidential appointment powers. In the future, a person will be unable to serve as the acting head of a federal agency once the president nominates him to permanently serve in the role if it is a position that requires Senate confirmation. [Reuters]

    * After four years, Dean Jay Conison of the beleaguered Charlotte School of Law has stepped down. The for-profit school had seen some of its worst days under his leadership, including its graduates’ plummeting bar exam passage rates and its students’ loss of access to the federal loan program this past December. While loans seem to have been restored for students this semester, the school may yet close. [Charlotte Observer]

    * This could explain the firm’s humungous national bonuses: Vinson & Elkins had its best year ever in 2016, posting record gross revenue, net income, revenue per lawyer and profits per partner. Now that the firm is playing with the big boys, it’s paying like the big boys. As noted previously, V&E has officially committed to paying the new, Cravath-inspired $180K starting salary in every market where it has an office. [Texas Lawyer]

    * “It truly is an embarrassment.” Philadelphia DA Seth Williams has been indicted on corruption and bribery-related charges. He stands accused of accepting a trip to Punta Cana, a Jaguar convertible, a custom sofa, and other gifts in exchange for fixing cases for friends. The City Law Department was paying an attorney from Morgan Lewis to represent Williams, but now refuses to continue to do so. [Philadelphia Inquirer]

  • Morning Docket

    Morning Docket: 03.24.15

    * Justice Anthony Kennedy says that while the Supreme Court is trying to attract more minority law clerks, lower court judges have it easier because they can recruit from local schools. Some justices have an Ivy League addiction, and thus, a diversity problem. [Legal Times]

    * The next step in the confirmation process for Loretta Lynch, the lawyer who will someday be the first black woman to serve as U.S. attorney general, isn’t likely to occur until at least mid-April. Why the wait? SENATE SPRING BREAK, WOO! [Reuters]

    * Give me maple syrup, or give me death: According to legal experts from the National Constitution Center, even though Republican candidate Ted Cruz was born in Canada, he still counts as a “natural born citizen” who’s eligible to be president. [WSJ Law Blog]

    * Foley & Lardner partner Howard Shipley avoided a supreme spanking from SCOTUS over his submission of a garbled cert petition last year, but the high court took the opportunity to remind all lawyers to write “in plain terms.” [National Law Journal]

    * How badly do you want to go to a top law school? Exactly how desperate you are to feel the warm and gentle embrace of prestige? How hard can you gun? Would you be willing to take the LSAT three times? [Law Admissions Lowdown / U.S. News & World Report]

  • Morning Docket

    Morning Docket: 03.18.15

    * An Ohio attorney was charged with making bomb threats at two state courthouses, but only after he was indicted for allegedly making bomb threats at a third courthouse. Wow, it’s almost like this guy didn’t do his homework motions or something. [Northeast Ohio Media Group]

    * Loretta Lynch, our would-be replacement for Eric Holder as attorney general, still hasn’t been able to get confirmed, and the delay — which is being blamed on our Senate Majority Leader’s “inept leadership” — is now being referred to as “unconscionable.” Lovely. [CNN]

    * What’s happening at #ATLConverge today? Check out our Twitter feed! [Converge]

    * Earlier this week, Morgan Lewis combined with Singapore firm Stamford Law Corp. Effective April 1, ML&B will become one of the largest Biglaw firms in the world, rivaled only by the likes of Baker & McKenzie and Dacheng Dentons. [Philadelphia Inquirer]

    * More federal prosecutors are stepping down from their jobs and returning to their former Biglaw homes in private practice. Once you realize government work is a giant revolving door, soon enough, it’ll be your turn to leave. [Big Law Business / Bloomberg]

    * If you’re still making a decision about which law schools to apply to, you can use the U.S. News rankings to help yourself. In the alternative, you can use the ATL Top 50 rankings to see if you’ll be able to get a job after graduation. [Law Admissions Lowdown / U.S. News]