We will be appealing this decision to the U.S. Supreme Court. If the Court takes the appeal, I will argue it personally as I have done in two previous cases over the past five months. In my last case, the Supreme Court accepted my argument and overruled the Ninth Circuit’s decision unanimously.
* Should the mentally disabled receive the death penalty? Neither SCOTUS nor Georgia’s Supreme Court stayed Warren Lee Hill’s execution, but the Eleventh Circuit saved the day. [Washington Post]
* If you’re looking for a mishmosh of Biglaw news, from new offices to new hires to new firm leaders, then look no further. If only this list were in alphabetical order! [Law Firm Insider / U.S. News & World Report]
* Dewey know why this partner who was sued by Barclays in the U.K. over his capital loan is suing the bank in the U.S.? It involves an alleged fraud and Joel Sanders. [Thomson Reuters News & Insight]
* So much for that “silly sideshow”: Judge Richard Sullivan of the S.D.N.Y. hasn’t made a ruling in the Greenlight case yet, but he says David Einhorn may have a “likelihood of success on the merits” if the matter proceeds further. [Bloomberg]
* One of the partners at this small law firm apparently watched Secretary a few too many times, and he’s now accused of threatening to “whip” his ex-assistant into shape because she was a “bad girl.” [New York Post]
* The University of Utah’s S.J. Quinney College of Law named an interim successor to former dean Hiram Chodosh, but we can’t say he’s a law dean hottie. He looks like Van Pelt from Jumanji. [Salt Lake Tribune]
* The Catholic University of America’s Columbus School of Law will house the first clinic in the nation devoted to pardons and the law. It figures that a religious school would focus on legal Hail Marys. [Blog of Legal Times]
* Career alternatives for law school dropouts: mining magnate and financier of the Titanic II. Much like the value proposition of going to law school for today’s generation, this idea is unsinkable. [New York Times]
* Prosecutors have upgraded the charge against Oscar Pistorius to premeditated murder, and one could now say the track star doesn’t have a leg to stand on when it comes to being released on bail pending trial. [CNN]
* D is for… divorce? Sesame Street is talking about divorce in a way that children can understand, but alas, the series neglects important topics like “why mommy is a whore” and “why daddy drinks.” [Law Firm Newswire]
[UPDATE: Hm...well it looks like everyone in D.C. (including Feinstein herself yesterday) was wrong. So she's sticking with her Intelligence chair. This assignment now becomes something of a "what might have been" exercise) Query: what changed? Why would Leahy not take Appropriations? Was he worried about turning Judiciary over to the more conservative Feinstein?]
Daniel Inouye, the second longest serving Senator in history, died on Monday. Inouye had represented the state of Hawaii in Congress as either a Representative or Senator since… well, forever. Inouye took office the day Hawaii became a state and never stopped. He was also an undisputed badass who wasted a German machine gun nest by prying a grenade from his own partially severed arm and throwing it at a guy trying to kill him! This was a more impressive response to having your arm severed that I would have.
But with the loss of Inouye, the Senate has to find a new chair for the powerful Appropriations Committee. Since the Democrats run on strict seniority, noted Batman enthusiast Patrick Leahy of Vermont jumped at that plum assignment.
And here’s where this all comes back to the law. By taking the Appropriations gig, Leahy had to forfeit his role as chair of the Judiciary Committee. Enter Dianne Feinstein, who will take over as the shepherd of the country’s legal policy making for the next Congress.
* If you swap out a menorah and put in a dreidel, does your Hanukkah display avoid violating the Establishment Clause? I know, I know, WAR ON HANUKKAH. [Huffington Post]
* I wonder why Martha Minow (law dean, HLS) or Robert Post (law dean, YLS) doesn’t write an op-ed defending the value proposition of going to law school? Wouldn’t you like to hear this argument from somebody who isn’t desperate to fill their class seats? [Constitutional Daily]
* Isn’t the concept of the “last meal” the best thing about death row? Granted, that’s a low bar, but still. Having a last meal sounds so civilized. No wonder Texas and Florida want to take it away. [Legal Blog Watch]
* Do patent trolls have a weakness to fire, just like videogame trolls? Because, I’d like for them to get burned. [Business Insider]
* The fact that voter suppression doesn’t work doesn’t make it right. [Election Law Blog]
* Ignoring losses until they go away sounds like the basis of any sound financial strategy. [Dealbreaker]
* Progress would involve getting cops to stop beating people up just for fun. [Simple Justice]
* James Dolan, already one of the worst owners in professional sports, is now sticking to the letter of the Cablevision contract and requiring customers to call in to tell them when Sandy knocked out their service if they want a refund. [Gawker]
* The Electric Chair movie sounds horrifying, but so does the death penalty. [Underdog]
* Check me out on this podcast and hear my passionate and slightly drunken defense of David Petraeus. I do not think that there is an epidemic of generals being blackmailed over their affairs. [Recess Appointments]
All of us as judges have had life experiences that could be said to affect our perception of the cases that come before us. Some of us have served as prosecutors and others have not; some have experienced discrimination as women or minorities and others have not; some are intensely religious and others are not, and our religions vary…. These life experiences do not disqualify us from serving as judges on cases in which the issues or the facts are in some indirect way related to our personal experiences.
– Judges Marsha S. Berzon and Richard Tallman, in an elegantly written Ninth Circuit order explaining why Judge Susan P. Graber does not need to recuse herself from a capital murder case because her father was murdered 40 years ago.
Let’s see. How many completely unrelated topics can you fit into one federal appeals court ruling? How about a lead defense attorney who drank a quart of vodka during every day of a capital murder trial, a concurring opinion criticizing the majority opinion — not about the case itself, but simply on the ruling’s length — aaaand let’s throw in a Mark Twain quote for good measure.
That should do it! Introducing the ruling in Holsey v. Warden. It’s quite the odd duck, so let’s take a look…
‘This herpes thing is less embarrassing than my 72-day marriage to Kim Kardashian.’
* Want to know what they call the Supreme Court attorney who deals with requests for stays of execution? The death clerk. Paging John Grisham, because this guy’s nickname would make a great book title. [New York Times]
* “If you’re going to sue, it’s better to sue earlier rather than later.” Probably why battleground states like Florida, Iowa, Nevada, Ohio, Pennsylvania, and Wisconsin are in a tizzy over their election laws. [Washington Post]
* WikiLeaks or it didn’t happen: Bradley Manning’s lawyer has demanded that seven years be cut from his client’s prospective sentence due to allegations of improper treatment while in military custody. [The Guardian]
* Michigan Law’s Sarah Zearfoss, she of Wolverine Scholars fame, finds media coverage about the awful job market for recent law grads “really frustrating.” Try being unemployed. [Crain's Detroit Business (reg. req.)]
* Kris Humphries is being sued for allegedly giving a girl herpes. But alas, the plaintiff seems to have no idea who actually gave her the herp — four John Doe defendants are identified in the complaint, too. [Star Tribune]
* “Given the police idiocy, one wonders where the boobs really are.” A nude model who was arrested during a body-painting exhibition in Times Square won a $15K false-arrest settlement from the cops. [New York Post]
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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 six years. You can reach them by email: email@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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