* “There are no magic bullets here.” Caught in a “trilemma,” President Obama is up against the wall and is running out of options. He soon might be forced to choose the least unconstitutional solution to the nation’s problems. [Bloomberg]
* During the government shutdown, it certainly wouldn’t be worth it for furloughed employees to hire lawyers to fight their “essential” versus “non-essential” determinations — please, like they’ll be able to afford legal representation right now. [National Law Journal]
* It seems some partners at both Dentons and McKenna Long & Aldridge aren’t fans of a possible tie-up, so they’re heading for the hills as fast as they can. Perhaps it simply wasn’t meant to be? [Am Law Daily]
* It’s time for our favorite show, As the Weil Turns! Partners from various offices are departing for other Biglaw firms, and we can now confirm that Steven Peck is a new face at Proskauer. [Law360 (sub. req.)]
* We told you last week that Matthew Martens of Fabulous Fab fame would be leaving the SEC, but now we know where he’s landing. Congrats on your new home at WilmerHale. [WSJ Law Blog (sub. req.)]
* Ohio is the latest state to offer “hazy” abortion restrictions that skirt the very edge of Supreme Court jurisprudence in order to make women feel guilty about their own right to choose. [New York Times]
* “Without makeup she looks like the Joker in Batman.” Joan Rivers is locked in a $15 million condo catfight with a Canadian socialite who isn’t afraid to pull punches. Meow! [New York Daily News]
Everyone’s talking right now about New York Magazine’s fascinating and fantastic interview with Justice Antonin Scalia. Some of what’s covered will be familiar to longstanding Scalia groupies, but some of it will be new. In a wide-ranging discussion with Jennifer Senior, Justice Scalia discusses everything from his pet peeves (like women cursing, or majority opinions that ignore the dissent); whether he has any gay friends; his tastes in television (hint: “No soup for you!”); and his desire to hire more law clerks from “lesser” law schools.
The whole thing is worth reading, but here are ten highlights to whet your appetite:
I nearly did not write this post this week. (I’ll pause while some of you wish that ‘nearly’ weren’t a part of that sentence.) I started the week with a mild toothache. By the time I reached my dentist on Tuesday morning, that niggling pain had bloomed into an infection that spread from my tooth to my jaw bone to the soft tissue of my face. Despite oral penicillin (and Vicodin!), I developed a high fever, the left side of my face swelled to grotesque proportions, and my jaw seized shut. I ended up in an ER on IV antibiotics.
While portions of the federal government ground to a halt due to insufficient funds, I held ice packs to my head and prayed quiet prayers about septicemia and the relative impermeability of the blood-brain barrier. Vaguely, in the background, I knew Congress and the president were arguing about health care. About funding the PPACA. Obamacare.
My heart goes out to folks harmed by the federal government shut-down this week. I also agree with those who are dismayed that Capitol Hill can’t reach a consensus sufficient to end the current crisis. It’s their job to find workable agreements, after all. That much, I hope most of us can agree on. Since we’re not here to agree, let’s talk a bit about Obamacare, the source of this week’s trouble in Washington . . . .
* “We’re in uncharted territory right now.” The federal courts made it through the first week of the shutdown, but they’re approaching “here be dragons” land in terms of funding. [National Law Journal]
* “It would be the most interesting case in decades.” Legal experts debate whether President Obama can ignore the debt ceiling for much longer. [New York Times]
* People are getting out of Biglaw while the getting’s good. Reed Smith’s global managing partner is leaving the firm for a general counsel gig after 13 years at the helm. [WSJ Law Blog (sub. req.)]
* Law firm leaders met to discuss how to empower women attorneys, and agreed it’s wise to parade them around in front of clients. Getting to work on those clients’ cases is another question. [Blog of Legal Times]
* Dzhokhar Tsarnaev’s lawyers want their client’s prison restrictions to be lifted and are raising a slew of constitutional claims. We think the members of his fan club are the only ones feeling sorry for him. [CNN]
* If the government shuts down and then defaults on its debt, Wall Street worries that it would “shake the foundations of the global financial system.” Hooray for political asshattery! [DealBook / New York Times]
* At least six of the Supreme Court’s judicial precedents are up for reconsideration in the upcoming Term, and high court commentators think the resulting decisions could be a mixed bag. [National Law Journal]
* Apparently low-income New Yorkers’ legal problems are “not worthy of a ‘real lawyer,’” or at least that’s the message that will be given if non-lawyers are allowed to provide legal services. [New York Law Journal]
* Sorry, lady, not enough prestige. A Brazilian journalist was allegedly on the receiving end of some “extremely violent” police behavior at Yale Law School after attempting to interview Justice Joaquim Barbosa at a private event. [The Guardian]
* Mark Cuban’s insider trading case is heading to trial today, but we genuinely wonder how he’ll be able to convince a jury that he’s “humble and affable,” rather than the “master of the universe.” [Boston Herald]
* The death toll of the latest mass shooting at the Navy Yard is 13 (including the gunman, military contractor Aaron Alexis), and people are rallying for stricter gun control laws before we’ve even had time to mourn. When will we ever learn? [New York Times]
* Today is Constitution Day, and Justice Antonin Scalia would like to remind you to celebrate — except if you think it’s a living document. If that’s the case, you can just “[f]ugget about the Constitution,” because that thing is dead, baby. [Blog of Legal Times]
* Please sir, we want some more! The Judiciary Conference has been forced to plea poverty to President Barack Obama due to its teeny tiny itsy bitsy post-sequestration budget. [National Law Journal (sub. req.)]
* Congrats to Kimberley Leach Johnson, the first woman to climb to the very top of the ladder at Quarles & Brady. That makes her the only eighth woman currently leading a Biglaw firm. [WSJ Law Blog (sub. req.)]
* And congrats to Matt Johnson, outgoing chief counsel to Senator John Cornyn (R-Texas), on his return to the private sector. He’ll be taking his talents to the lobbying firm, McBee Strategic Consulting. [The Hill]
* From second career choices to no career choices: if you want to go to law school after working in another field, you should consider if it will help or hinder your applications. [Law Admissions Lowdown / U.S. News]
* You skip over the footnotes when you’re reading for class, but Justice Ruth Bader Ginsburg doesn’t think you should. She’s a proponent of the most important footnote in all of constitutional law. [New Yorker]
* New York will modify its pro bono requirement for LL.M. students to allow public service completed outside the country. Well, so much for closing the state’s justice gap. [New York Law Journal (sub. req.)]
* Everything’s bigger in Texas, including the government-initiated trademark infringement actions over “Don’t Mess With Texas.” Like “I <3 NY," the Lone Star State's slogans are off limits. [New York Times]
* You can sue Lady Gaga for overtime pay all you want, but you do not want to face her wrath. The pop star is due in court in early November where she’ll tell a judge “exactly what f**king happened.” [Daily Mail]
* The hits keep on coming for Curt Schilling. Now the SEC has woken up and decided to probe the $75 million he secured from the state of Rhode Island (already the subject of another suit). Maybe he can fake another bloody sock to generate some sympathy. [Bloomberg]
* Apple sold a “Season Pass” to Breaking Bad Season 5 and then refused to honor the second half of the season to its subscribers, prompting an Ohio doctor to file suit for $20, with hopes of building a class action. Look, Apple needed that money; Tim Cook is desperate these days. [Deadline: Hollywood]
* Speaking of Apple, the Federal Circuit looks like it’s going to give Apple another crack at its claim that Google ripped off the iPhone patents, citing “significant” errors on the part of the last judge to rule on the dispute: Richard Posner. You come at the king, you best not miss. [Wall Street Journal]
* And last, but definitely not least, Apple’s new fingerprint ID will be the death of the Fifth Amendment. Discuss. [Wired]
* A film chock-full of unsanctioned footage and insulting knocks on Disney has been picked up for distribution. This is your official warning that it’s time to prepare the beauty pageant pitch for the Disney execs. [Grantland]
On Tuesday night, President Obama asked Congress to delay a vote authorizing military action against Syria. During the same speech, however, he reserved what he claims is his right as commander-in-chief to act independently if Congress fails to go along with his proposals.
Sen. Bob Corker, the senior Republican on the Foreign Relations Committee, earlier said that members of the administration would be “far better off if they seek authorization based upon our national interests, which would provide the kind of public debate and legitimacy that can only come from Congress.”
Better off? A unique legitimacy coming only from Congressional approval? Is that just a helpful suggestion to the president or a claim of actual authority?
Let’s all hope for diplomatic solutions with the Assad regime. Let’s hope for consensus at home. But let’s also hope for thirty-hour work weeks, traffic-free commutes, and calorie-free cheese. Then, let’s talk about who gets to decide where American forces go when push comes to shove….
Over the last two decades, a dedicated Supreme Court bar has gained prominence, focusing on arguing the increasingly few cases before the justices each term. These lawyers face fierce competition in persuading clients to hire them, participating in a not-so-glamorous competition known in the industry as a “beauty contest.” At these lawyerly pageants, attorneys competing to take the case make their pitch and try to persuade the client that their firm is the best suitor.
In my new book, Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), I go backstage and look at two of the most high-profile beauty contests in Supreme Court history: who would represent (1) the National Federation of Independent Business (NFIB) and (2) twenty-six states in their respective challenges to the constitutionality of Obamacare.
How did these litigants go about choosing their counsel? Which lawyers and law firms got passed over?
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.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
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