* Virginia is for lovers — gay and straight alike. Judge Arenda L. Wright Allen (E.D. Va.) just struck down the state’s ban on same-sex marriage (but stayed her ruling pending appeal). Happy Valentine’s Day! [Washington Post]
* Did a Biglaw firm make a big-time mistake by blowing a deadline to appeal a $40 million verdict? [Law360 (sub. req.)]
* Speaking of screw-ups, making them in the e-discovery realm can be costly — a lesson that California is learning the hard way, to the tune of $32 million. [ACEDS]
* Former New Orleans Mayor Ray Nagin thought he’d be acquitted; he thought wrong. [ABA Journal]
* George Washington wasn’t a member of the one of the 8 magic groups — but his story still illustrates the truth of The Triple Package (affiliate link), according to Washington biographer Logan Beirne. [Fox News]
* Authorities have made an arrest for the package bombing that killed a retired Tennessee lawyer and his wife. [CNN]
Abraham Lincoln told a story about a lawyer who tried to establish that a calf had five legs by calling its tail a leg. But the calf had only four legs, Lincoln observed, because calling a tail a leg does not make it so…. Heeding Lincoln’s wisdom, and the requirements of the Copyright Act, we conclude that merely calling someone a copyright owner does not make it so.
The title is phrased like a joke, because this whole story plays like a joke: full of misunderstandings and dumb decisions. Hm. Typing that out made me realize that also describes most of the weekends of my adult life if you just add the phrase, “I’ll have another Manhattan.”
We set the stage for this joke in my home town of Portland, Oregon, and the campus of the Northwestern School of Law at Lewis & Clark College. Last week, Chief Justice John Roberts visited the school to judge a moot court competition.
But the real controversy began after the Chief skipped town and the Dean started monkeying with the press coverage of the event — and blaming his actions on the Supreme Court…
In her bestselling memoir, My Beloved World (affiliate link), Justice Sonia Sotomayor recounts her journey from the projects of the South Bronx to the bench of the United States Supreme Court. Given that background, one would expect Justice Sotomayor to have a weak spot for young women who make it to One First Street from improbable places.
So it makes perfect sense that Justice Sotomayor has hired the first-ever Brooklyn Law School graduate to serve as a Supreme Court law clerk: Sparkle Sooknanan, a 2010 graduate of BLS who is currently an appellate attorney at the Justice Department. We’ve heard Sooknanan described as “an awesome human being” and “brilliant” — and with a name like “Sparkle,” the brilliance must be literal.
Sparkle isn’t the only bright young lawyer to claim a shiny new credential for the résumé. Read on for additional news of Supreme Court clerk hiring….
Left to right: Alex Kozinski and Diarmuid O’Scannlain.
This week is an exciting one for conservative and libertarian legal nerds: the National Lawyers Convention of the Federalist Society starts tomorrow. I’ll be attending and covering the proceedings; if you see me, please say hello. (If you haven’t registered for the conference in advance, you can still register at the door.)
As always, the conference will overflow with legal luminaries. This year, two of the Ninth Circuit’s most notable names — Chief Judge Alex Kozinski, and Judge Diarmuid O’Scannlain (for whom I clerked) — will be making presentations. Chief Judge Kozinski will debate Professor Hadley Arkes about natural law and constitutional law, while Judge O’Scannlain will moderate a panel about religious liberty.
To whet your appetite, let’s read more about both of these judges and some recent First Amendment fun at the Ninth Circuit….
It’s surprising that Watford’s nomination was so contentious, given that he has a number of backers from the right side of the aisle. As noted by the San Francisco Chronicle, “[h]is supporters included conservative UCLA law Professor Eugene Volokh, who has described Watford as brilliant and ideologically moderate, and attorney Jeremy Rosen, former president of the Los Angeles chapter of the conservative Federalist Society” (and a noted appellate lawyer, who has appeared before in these pages).
That’s not all. Watford clerked for Chief Judge Alex Kozinski, one of a handful of prominent conservative or libertarian judges on the (generally liberal) Ninth Circuit. If you look at the ranks of former Kozinski clerks, you’ll see many members in good standing of the vast right-wing conspiracy (and some who are not, like Paul Watford — who went on to clerk for Justice Ruth Bader Ginsburg, and was nominated to the Ninth Circuit by a Democratic president).
Now that the handsome Watford has joined his superhottie boss on the bench, we have a trivia question: Who is the circuit judge with the most former law clerks to join him on the Court of Appeals during his lifetime?
This is my first column for Above the Law on the Supreme Court. In an effort to help me generate effective linkbait, the Supreme Court issued an opinion yesterday at the intersection of bankruptcy and tax law for farmers — Hall v. United States.
Basically, Hall means that, if you’re a farmer and you declare bankruptcy on your farm under Chapter 12 (“the one just for farmers”), and, while in bankruptcy, you sell your farm, you will still have to pay capital gains tax on the sale of your farm — any liability to the IRS is not dischargeable.
Perhaps the most exciting part of the opinion is that Ninth Circuit was affirmed. Though, in fairness, the Ninth Circuit opinion was written by Judge O’Scannlain, so it’s not as though the Supreme Court affirmed Judge Reinhardt.
Also, farmers who are in bankruptcy and sell their farms now have to pay tax on the profits from those sales. I’m sure much of the Midwest is rioting in response.
For those who practice tax law, bankruptcy, or farming law, you will definitely want to read the opinion and some of the write-ups on it.
But the most exciting part of the morning involved new members of the Supreme Court bar….
Many months have passed since our last report on the hiring of Supreme Court law clerks. We are getting ready to do a new report. If you have SCOTUS clerk hiring news for October Term 2012 or October Term 2013 that we have not yet reported, please email us (subject line: “SCOTUS Clerk Hiring”). In order to check whether or not we’ve already reported a particular clerk hire for OT 2012 or OT 2013, please go back and review our last hiring report before contacting us.
In the meantime, we have a special gift for you. Last July, we shared with you the Supreme Court’s official list of law clerks for the October Term 2011 (i.e., the clerks currently toiling at One First Street). We noted at the time that “this list does not include law school and prior clerkship information, which the [Public Information Office] will release later this year.”
We now have that updated list of OT 2011 Supreme Court law clerks, featuring law school and prior clerkship data, courtesy of the Public Information Office. Let’s look at the list, and count up which law schools and feeder judges sent the most folks over to One First Street….
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.