As I mentioned in my earlier story about the horrific killing of Professor Dan Markel, I knew Dan since our days working together on the Harvard Crimson. Back then, he was Dan E. Markel ’95 and I was David B. Lat ’96. We both wrote columns and would edit each other’s work. We didn’t often agree — I was even more conservative back then, and he was, well, not conservative — but we respected each other’s thinking and writing.
After graduating from Harvard College (A.B.), Cambridge University (M. Phil.), and Harvard Law School (J.D.), Dan went on to have a tremendous career in law practice and teaching. He clerked for Judge Michael Daly Hawkins on the U.S. Court of Appeals for the Ninth Circuit and worked as an associate at Kellogg Huber, the insanely elite D.C. litigation boutique. He then joined the faculty of the Florida State University College of Law, where at the time of his death he held an endowed chair as D’Alemberte Professor of Law. A prolific scholar in the areas of criminal law and punishment, he published numerous law review articles, pieces for general-interest news outlets like the New York Times and Slate, and a book, Privilege or Punish: Criminal Justice and the Challenge of Family Ties (aff. link).
But Dan was much more than the sum of his résumé items. Here are some testimonials and memories, from myself and others who knew him….
Professor Dan Markel of Florida State University College of Law, a well-known legal academic and law blogger, was shot in his home on Friday. He died of his wounds on Saturday. He was 41. We noted the news in Morning Docket and followed the news over the weekend on our Twitter feed.
I was friends with Markel, whom I knew since we worked together on the college newspaper, and in a subsequent story I will review his life and career and share some personal reflections. He was a great scholar and a wonderful person, as reflected in the outpouring of grief within legal academia, the legal blogosphere, and beyond.
In this post, I will summarize and analyze what we know (and don’t know) about Dan Markel’s terrible and tragic death….
(Please note the multiple UPDATES added to the end of this post.)
* Latter-day Dan Fielding seems to have used his office to meet the ladies: alleged to have had an affair with and then impregnate a woman he prosecuted. When she raised the issue with his wife, he filed a motion to revoke her probation. This is all terrible, but the weirdest part was having to have her defense counsel in the bedroom the whole time. [Lexington Herald-Leader]
* Woman shot a guy because he didn’t ejaculate enough. The most dreaded words in that neighborhood must be, “Omar’s not comin’ yo.” [Detroit Free Press]
* What caused the child immigration crisis at the border? Turns out it was Free Slurpee Day. Who knew? [CNBC]
* Overcommunication is a virtue. Did you hear that? Overcommunication is a good thing. It really is. You should overcommunicate. It’s good. [What About Clients?]
* Judge J. Harvie Wilkinson III thinks the criminal justice system is just super. As far as innocent people going to jail, them’s the breaks. [Wrongful Convictions Blog]
* A guy’s guide to lawyerly fashion. It misses my personal pet peeve: use collar stays! Seriously, how do people not know this? [Attorney at Work]
* There were a record number of data breaches in New York last year. The problem is the persistent use of 12345 as a password. [Information Law Group]
Well, you’ve got to hand it to them: if we’re going to say that corporations are people, then we need to start subjecting them to criminal sanctions for committing victimless crimes. It’s only fair. So it’s heartening this morning to see that the government has secured an indictment — based on a 9-year investigation — of a major corporation for dealing drugs. Welcome to personhood in America!
And this is not some pharma company trying to get America hooked on the new Prozac. We’re talking about a non-pharma company peddling illegal drugs and getting called out on it by the feds….
* Mayer Brown wants you to think the Supreme Court wasn’t tilted toward business interests this Term. Yes, we all know how Homer City turned out, but maybe it’s worth evaluating this based on how important the cases were. Is Petrella really equivalent to Noel Canning? [Mayer Brown]
* Not one, but two former Utah Attorneys General charged with corruption. [Deseret News]
* The CFPB brought suit against a debt collection lawsuit mill. A working CFPB. One more great thing we used to get from recess appointments. Thanks Breyer. [CFPB]
* Oh no. A law school tuition Kickstarter. [Kickstarter]
* New York tried to help homeowners facing foreclosure. Unfortunately, the law didn’t create a remedy if the banks refused to follow the law. Well, it was our fault for thinking Albany could do something right. [WiseLaw NY]
What’s perhaps less obvious to those of us who do white-collar criminal defense but don’t normally practice in state court in New York is that, according to the law as set out in these papers, New York state is a magical Shangri-la of due process compared to federal court.
* Congrats to William Voge, who was elected as the new chairman of Latham & Watkins. He succeeds Robert Dell in this position, who is one of the Am Law 100′s longest-serving leaders. [Am Law Daily]
* Dewey’s former execs filed a motion to dismiss their criminal charges, lamenting the fact that the Manhattan DA made them “scapegoats” for the total failure of their firm. [DealBook / New York Times]
* A judge banned the Washington Redskins name from his court, proclaiming that the offensively monikered team shall be known only as “the Washington Team” in documents submitted. [WSJ Law Blog]
* Senate Majority Leader Harry Reid thinks that if it were up to Judge Judy, House Speaker John Boehner’s “show trial” suit against President Obama would be thrown out in “half a second.” Well then. [ABC News]
* A Michigan attorney was arraigned yesterday on a felony charge of homicide-solicitation of murder. It seems that the hired hitman warned his target. He’s not getting a good Yelp review. [UpNorthLive.com]
* If you’re an international student with a foreign law degree trying to get a law degree in the U.S., why the hell would you waste your money on a J.D.? Just get an LL.M. [Law Admissions Lowdown / U.S. News]
* Oh baby8: Nadya Suleman (formally doing business as Octomom) pleaded no contest to welfare fraud charges after she failed to report income from all of her public appearances and porn videos. [Reuters]
When we last checked in on John Michael Farren, the former general counsel to Xerox and deputy White House counsel under President George W. Bush, things were not going well for him. Back in December, a jury found him liable for assault and battery against his former wife, Mary Margaret Farren. The jury awarded Mary Farren some $28.6 million in damages — an amount that reflected the brain injury and emotional trauma suffered by Mrs. Farren, who went from a lucrative job at Skadden to unemployment.
Criminal charges against Mike Farren remained pending at the time of the civil verdict. On Friday, the criminal case got resolved — and not in a manner favorable to Mike Farren….
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: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.