David Boies

Amanda Knox

* “The multimillion dollar question is: Is it going to happen and for how long?” Surprisingly, health care attorneys from large firms are being quite blasé about the Congressional battle over Obamacare. [Blog of Legal Times]

* The 2013 Global 100 is out, and with an 8.6 percent growth in revenue, DLA Piper was able to really show the world the benefits of churning that bill, baby! We’ll have more on this news later today. [American Lawyer]

* This is getting exhausting: Dentons, the three-way merger product of SNR Denton (a merger product itself), Salans, and Fraser Milner Casgrain, is in talks with McKenna Long & Aldridge for yet another merger. [Am Law Daily]

* The director of the Commodity Futures Trading Commission’s enforcement unit will be stepping down to spend time more with family. The countdown until he returns to Skadden Arps starts now. [DealBook / New York Times]

* Ted Olson and David Boies, perhaps more commonly known these days as the gay marriage dream team, will be working together to challenge Virginia’s ban on marriage equality. [National Law Journal]

* Should law school be two years long? Kyle McEntee of Law School Transparency (3 points) is beating the pants off Northwestern’s dean (-4 points) in this debate. [Debate Club / U.S. News & World Report]

* If you’re still considering applying for law school despite all of the warnings seen here and elsewhere, then you’ll probably want to follow this advice. [Law Admissions Lowdown / U.S. News & World Report]

* The Italian Court of Appeal is retrying Amanda Knox of a crime she’s already been convicted and acquitted of, and the chances she’ll be extradited if convicted again are slim to none. Buon lavoro. [CNN]

David Bernick

As we mentioned earlier, prominent litigator David Bernick is leaving Boies Schiller for Dechert. Bernick joined Boies Schiller just a year ago, to much fanfare, so some were surprised to see him go so quickly.

But others were not shocked. As the always insightful Alison Frankel observed on Twitter, “Is anyone who knows David Bernick surprised he was mismatch at firm dominated by David Boies?”

Perhaps not. Some of our readers predicted this union wouldn’t last long….

double red triangle arrows Continue reading “Musical Chairs: David Bernick Departs From Boies Schiller”

* Edith Windsor’s lawyer said she thought her client’s case was “simple,” but it proved to take a little longer than she thought to strike down the Defense of Marriage Act. [New York Law Journal]

* Conservative pols are up in arms about the SCOTUS decisions, promising to file constitutional amendments, but like Rand Paul said, “As a country, we can agree to disagree.” [Washington Post]

* Nate Silver breaks down gay marriage by the numbers. By August, 30% of Americans will live in states where same-sex marriage has been legalized. [FiveThirtyEight / New York Times]

* Wherein the ancient artifacts of a once storied and prestigious Biglaw firm are touted by a furniture liquidation company as “like new, for less!” Dewey know how embarrassing this is? [Am Law Daily]

* Sorry, Joel Tenenbaum, but the First Circuit affirmed your $675K debt to the RIAA. That’s what happens when you blame illegal downloads on burglars and foster kids. [Law & Disorder / Ars Technica]

* It looks like David Boies claimed two victories yesterday. The Court of Federal Claims gave Maurice Greenberg the green light to sue the U.S. over the terms of AIG’s bailout. [DealBook / New York Times]


The headline in The Onion, which we noted earlier today, pretty much says it all: “Impatient Nation Demands Supreme Court Just Get To The Gay Stuff.” Today, the last day of the Term, SCOTUS granted our wish, issuing its long-awaited rulings on gay marriage in California and on the federal Defense of Marriage Act.

Last night, I attended the New York City Bar Association’s annual reception and cocktail party celebrating LGBT Pride Month. M. Dru Levasseur of Lambda Legal and Lisa Linsky were honored for their work advancing LGBT rights. In her eloquent remarks, Linsky noted that despite all the progress of our community, and regardless of what the Supreme Court rules today, many battles remain to be fought.

How many more battles, and of what intensity? Let’s find out what the Court just decided, on the tenth anniversary of the landmark decision in Lawrence v. Texas….

Please note the multiple UPDATES added below.

double red triangle arrows Continue reading “The Supreme Court Rules In Two Major Gay Marriage Cases”

The front of the Supreme Court building: ‘Equal Justice Under Law.’ (Click to enlarge.)

Justice O’Connor, Justice Stevens, Ted Olson, David Boies, Jeffrey Toobin.

All of them were at the Supreme Court today, eager to hear what the Court had to say. New gay-marriage crusading BFFs Olson and Boies sat together. Also in attendance were lots of other fancy folks — like Solicitor General Don Verrilli and Nina Totenberg — who are there more often.

There’s nothing like late June at One First Street.

At the start of the day, 11 cases remained to be decided, four of them blockbusters. The issues on deck: the Defense of Marriage Act, Prop 8, the Voting Rights Act, and the University of Texas’s use of a form of affirmative action. Today, one of the big cases was resolved; with five others coming out, there are only six remaining.

Today, the Supreme Court, in an opinion by Justice Kennedy, addressed the University of Texas’s use of affirmative action. As the Chief Justice announced that Justice Kennedy had the opinion and would start reading it, a rush swept through the courtroom. People leaned forward. Papers rustled….

double red triangle arrows Continue reading “The Wait For Fisher Is Over, And It Was Not Worth The Wait”

* Eugene Volokh analyzes the free-speech issues raised by the prosecution of Anya Bargh, the UConn law student accused of sending anti-Semitic and racist emails. [Volokh Conspiracy]

* Lawyerist thinks you suck, not the gunners. Discuss. [Lawyerist]

* Law and the Multiverse now has CLE courses about comic books. Maintaining this license just got that much easier. [Law and the Multiverse]

* Some new developments in the Ed O’Bannon case against the NCAA. Basically, discovery has not been kind to the NCAA. [Bloomberg]

* All the editors-in-chief at Michigan Law are women. Now, if another 90 or so journals follow suit, Staci’s article will seem outdated. [Michigan Law]

* Ruh-roh. Did David Boies blow the lid off campaign spending limits last cycle? [Huffington Post]

* No, Mike Bloomberg was not denied a slice of pizza yesterday. [Gawker]

* WARNING: If you understand math, the latest from NYPD Commissioner Ray Kelly will annoy the hell out of you. [PrawfsBlawg]

* Man injured in a drunken fight sues the bar that he says should have cut him off. [Overlawyered]

‘Churn that bill, baby? Dear Lord…’

* With SCOTUS justices questioning standing in the Prop 8 case, and one even stating that gay marriage is newer than cell phones and the internet, you can guess where the decision is headed. [New York Times]

* “This badge of inequality must be extinguished.” With men like Ted Olson and David Boies representing the plaintiffs in Prop 8, at least we can say that they fought the good fight. [Wall Street Journal (sub. req.)]

* OMG, remember when DLA Piper allegedly overbilled a client and got dragged through the mud over scandalous emails? Now the firm says they were totally joking. So cray. [DealBook / New York Times]

* Less than a month after handing out pink slips across multiple offices, Patton Boggs named a new managing partner in New York who just so happens to be a Dewey defector. Ominous. [Am Law Daily]

* These are great tips on negotiating financial aid, but try this: tell admissions you’ll happily enroll elsewhere, and watch them throw cash at you. [Law Admissions Lowdown / U.S. News & World Report]

* It looks like Paul Ceglia’s zany misadventures in being fired as a client by Biglaw firms and suing Facebook may finally be at an end thanks this scathing 155-page recommendation of dismissal. [CNET]

The scene outside One First Street after the argument.

Dearly beloved, we were gathered together at SCOTUS today to argue about these fourteen words: “Only marriage between a man and a woman is valid or recognized in California.”

But we talked a lot about standing. And we did a lot of standing.

What time did I get to the Court?

double red triangle arrows Continue reading “The Proposition 8 Supreme Court Arguments: Standing and Standing”

Today, the National Law Journal released its list of the 100 most influential lawyers in America. The NLJ releases a similar list once every few years, and each time, the nation’s top lawyers — some from Biglaw, some from legal academia, some from the in-house world, and some from the trial and appellate bars — celebrate their success in creating real change in the industry. That said, the people named to this list are relatively well-known to the general Above the Law readership, but they won’t exactly be household names to laypeople.

Which legal eagles soared into the NLJ’s list this time around? Well, the NLJ selected their influential lawyers based on their political clout, legal results, media penetration, business credibility, and thought leadership. We’ve whittled the impressive list of 100 down to our own top 10.

So who made our cut?

double red triangle arrows Continue reading “Who Are the 100 Most Influential Lawyers in America?”

* Celebrated litigator David Boies thinks the Supreme Court is going to rule in favor of gay marriage in a united front — which is helpful, since in March he’s arguing in favor of gay marriage in the Prop 8 case. [USA Today]

* “What we had to do was do more with less.” Archer & Greiner had to lay off 14 attorneys and 27 staffers thanks to the firm’s rapid overexpansion via mergers. This is why we can’t have nice things. [New Jersey Law Journal]

* In New York / Concrete jungle where dreams are made of / There’s nothing you can’t do / Now you’re in New York / Law deans will try to inspire you / But rankings will ruin you / Hear it for New York! [New York Law Journal]

* If you’d like to save the world by working a public-interest job, you’d better consider Penn Law. Its LRAP now covers all IBR loan payments over 10 years for a total savings of up to $140,000. [National Law Journal]

* But then again, if you’re not interested in public-interest work, you can always get a temp job, where you’ll allegedly make as much as “a mid-level associate at a small or medium firm.” [U.S. News & World Report]

* Because Lindsay Lohan’s lawyer was called out by a judge for a performance that was almost as piss poor in his client’s in Liz & Dick, he contacted a local firm to step in and assist him. [L.A. Now / Los Angeles Times]

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