* With OT 2013 drawing to a close, here’s a nifty chart that shows which Supreme Court justices vote together most and least often. The division is real, people. [The Upshot / New York Times]
* “Not only do they have unique interpretations of the Constitution but they can’t even agree on how to pronounce words.” Listen to our SCOTUS justices flub the word “certiorari.” [Legal Times]
* Quinn Emanuel and Samsung must now pay more than $2M in sanctions to Nokia and Apple after leaking confidential, “attorneys’ eyes only” information in a discovery blunder. Oopsie! [Legal Week]
* “Why can’t you get a real job?” This judge — the same one who sentenced a rapist to just 30 days in prison — told a fast-food worker to get a better job to pay off his restitution more quickly. [Billings Gazette]
* If you think you’ve seen the best of the “Law and ______” classes, you ain’t seen nothing yet. Say hello to some newcomers, like Video Game Law and Law of Robots. Justice Scalia is pissed. [WSJ Law Blog]
You sometimes hear Biglaw litigators complain about courts not publishing enough opinions about discovery issues. Discovery (especially e-discovery) is such a major — and majorly expensive — part of the complex litigation in which large firms specialize, but there aren’t that many decisions on the books over such nuts-and-bolts issues as responsiveness, privilege, and work-product doctrines.
So it’s noteworthy that the Massachusetts Appeals Court just issued an opinion featuring extended discussion of the work-product doctrine. Some Boston Biglaw litigators will surely welcome the additional guidance on this subject.
But not all of Boston Biglaw will be pleased by this decision. Certainly not the major firm that could wind up getting hit with sanctions as a result….
* With Eric Holder questioning his job, and Deval Patrick dining at the White House, perhaps we’ll see our second black attorney general. Or not, because one of the Governor’s aides says he’ll continue his reign as a Masshole. [Washington Times; Buzzfeed]
* When it came to sanctions for discovery violations in the Apple v. Samsung case, this judge was all about pinching pennies. Last week, both Quinn Emanuel and MoFo got taken to task over their apparently “sloppy billing practices.” [The Recorder]
* What’s the most inappropriate thing for a federal judge to say to jurors when delivering the news that a defendant of Asian descent killed herself after testifying? “Sayonara.” Ugh. [Careerist via New York Times]
* “Law school is very unforgiving, but classes must go on.” Law schools in the New York metropolitan area are still trying to make sure their students are safe and sound — and studying, of course. [New York Law Journal]
* Another one bites the dust: Team Strauss/Anziska’s lawsuit against John Marshall Law School over its allegedly phony post-graduate employment statistics has been dismissed with prejudice. [Chicago Tribune]
* Are you ready for some litigation? Lawyers for Nick Saban’s daughter are showing the sorority girl who sued her what it’s like to get rolled by the Alabama tide in a flurry of more than 40 subpoenas. [Times Leader]
* From the White House to the ivory tower: Cass Sunstein is leaving OIRA to return to Harvard Law. Perhaps his thoughts on behavioral economics and public policy will be appreciated in academia. [New York Times]
* Jared Loughner is reportedly set to plead guilty in the Arizona shooting attack that killed six people, including Judge John Roll, and injured 13, including former Representative Gabrielle Giffords. [Los Angeles Times]
* Lance Armstrong is going for the gold against the U.S. Anti-Doping Agency, this time with a bid to Judge Sam Sparks for a restraining order blocking the USADA from forcing the cyclist into binding arbitration. [Bloomberg]
* “[T]his is not the time for us to become an international accrediting agency.” The ABA will remain a faulty U.S. accrediting agency, because the Legal Ed Section voted against accrediting foreign law schools. [ABA Journal]
* Apparently Texas Tech Law has more than beauty queens. Secretary of Defense Leon Panetta has appointed dean emeritus and current law professor Walter Huffman to the new Defense Legal Policy Board. [KCBD 11]
* Remember Joshua Gomes, the UVA Law student who allegedly broke into the school’s registrar office? As it turns out, there’s no more “allegedly” about it. We’ll likely have more on this news later today. [Daily Progress]
* Law school graduates’ tales of woe are still making headlines in newspapers. Please take heed, 0Ls, and remember that you decided to discount this info if you’re told that you “should have known better.” [Oregonian]
* If you want to eat mor chikin but the thought of supporting Chick-fil-A’s stance on gay marriage is giving you indigestion, now you can eat your fill with the assistance of Ted Frank’s chicken offsets. [Huffington Post]
* Paul Ceglia was fined for ignoring a discovery order. He also has to reimburse Facebook for all of its related, Biglaw legal fees. Here’s looking forward to Ceglia’s bankruptcy filing. [Bloomberg]
* “[D]emand for lawyers is declining,” but we definitely need another law school in Texas. A federal judge quit his job to become the dean of the ten millionth law school in the state. [National Law Journal]
Litigators at large law firms spend an inordinate (and depressing) amount of time on discovery disputes. They bombard poor magistrate judges with motions to compel. They bicker over deposition timing and location. They compile massive privilege logs. They file letter briefs with the court, explaining their entitlement to certain documents that opposing counsel is withholding, without justification.
Partners who work on such matters often say to their associates, “Find me a case in which a judge sanctioned a party for failure to comply with discovery obligations — preferably a case in which the non-compliance is exactly what opposing counsel is doing here, and ideally featuring soaring rhetoric about the importance of following discovery rules.” The associate spends several hours on Westlaw or Lexis, then returns empty-handed; there was nothing quite on-point. There was certainly no soaring rhetoric.
This shouldn’t be surprising. Do you think successful lawyers give up the practice of law in order to keep dealing with discovery-related headaches, for a fraction of what they earned in the private sector? Of course not. Federal district judges prefer to write published opinions about Sexy Constitutional Issues, leaving their magistrates to oversee the discovery playpen. In the rare discovery-related cases that do go up on appeal, federal circuit judges affirm as quickly and summarily as possible, so they can get back to the fun stuff. [FN1]
If you’re a Biglaw litigator searching for a published opinion addressing discovery issues, well, today is your lucky day. Check out this great opinion, just handed down — not by a mere magistrate or district judge, but by the U.S. Court of Appeals for the Tenth Circuit….
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: