Attorney Misconduct, Biglaw, California, Celebrities, Depositions, Divorce Train Wrecks, Federal Judges, Gay, Gay Marriage, Law Schools, Legal Ethics, Minority Issues, Money, Morning Docket, Practice Pointers, Racism
* The Poly Prep alumni who settled their sex abuse suit against the school are going after O’Melveny & Myers for allegedly playing a part in prolonging the litigation by doing what lawyers do best: lying. [Am Law Daily]
* If you’ve got a case up on appeal and you’re like a virgin, giving oral (arguments) for the very first time, then you should probably consider taking a look at the top 10 tips that’ll help you to prepare for it. [The Recorder]
* The California Supreme Court denied petitions from Proposition 8 proponents seeking to enforce a ban on same-sex marriage across the state. Kamala Harris, the country’s best looking AG, approves. [BuzzFeed]
* The Chapman School of Law will change its name after receiving the second-largest donation ever made to a law school. N.B. The donor isn’t a law school graduate, which certainly explains why he has cash to spare. [National Law Journal]
* Notebooks from the most famous law school you’ve never heard of are now on digital display thanks to Harvard Law. Unlike today’s students, Litchfield lawyers had lovely handwriting. [Brainiac / Boston Globe]
* Keep ya head up: Legendary lawyer Roger Rosen, whose clients range from O.J. Simpson to Phil Spector, will hang up his shingle to avoid prosecution for leaking info to Tupac’s killers. [New York Post]
* Just think, if the judge in Paula Deen’s case had permitted counsel to stay discovery, perhaps the celebrity chef wouldn’t have been able to serve up a slice of her piping hot racism casserole. [Daily Report]
* Sure, Lamar Odom allegedly cheated on Khloe Kardashian with a lawyer, but that doesn’t mean they’re going to get divorced. If they do, we’ll be there for the train wreck. [Ministry of Gossip / Los Angeles Times]
11th Circuit, 4th Circuit, 7th Circuit, Bankruptcy, BAR/BRI, Career Alternatives, Disability Law, Drugs, Frank Easterbrook, Law Professors, Law Schools, Marijuana, Non-Sequiturs, Paralegals, Technology
* The Dukes of Hazzard and Braveheart cited in the Eleventh Circuit. Other circuits, the gauntlet has been thrown down. [Volokh Conspiracy]
* Dave’s not here, man. Probably not the smartest stoner on the planet. [Lowering the Bar]
* Former Skadden attorney loses her appeal claiming that insomnia constituted a disability. It’s a setback for her, but nothing worth losing sleep over. [National Law Journal]
* The Second Circuit agreed with every other court that heard the motion and denied the effort to recuse Magistrate Judge Peck from the Da Silva Moore predictive coding case. [IT-Lex]
* Maybe it’s time for law professors to get off their duffs and try helping out their unemployed students directly. [Concurring Opinions]
* Judge Easterbrook allows a $25K student-loan discharge for a ‘destitute’ paralegal. The educational-industrial complex is not going to sit still for this. [ABA Journal]
* Saira Rao, of Chambermaid (affiliate link) fame, has a new publishing venture — check it out. [Kickstarter]
* Oh, BARBRI. What’s the Matter with Kansas, indeed (after the jump)….
* Posted previously on Facebook (now pulled):
I became a lawyer without really understanding that the job cuts time off of your life. My work hours are long, I can’t see my family or friends, and I am constantly at the mercy of the partner or the client. On top of everything, at one point, I was paying 7% on my law school loans. […]
* In case you didn’t catch this yesterday when it was announced, Osama bin Laden’s son-in-law, Sulaiman Abu Ghaith, is currently being held for trial in New York City. This will be the most unbiased jury in the world. /sarcasm [New York Times]
* According to Justice Anthony Kennedy, democracies shouldn’t depend “on what nine unelected people from a narrow legal background have to say.” Well then! I suppose we should look forward to the uprising. [The Big Story / Associated Press]
* Cooley and Winston & Strawn are working on the $600 million sale of everyone’s favorite store for slutty Halloween costumes, Hot Topic. Apparently that store still exists. I had no idea. Good to know! [Am Law Daily]
* Proskauer Rose is now the most powerful Biglaw firm in the sports world. It just goes to show that even if you’re too awkward to play ball, it doesn’t mean you can’t hit it out of the park in court. [Sports Illustrated]
* “I would love to blink and wake up in 10 years and see where all this ends.” Unemployed law grads are probably saying the same thing, but hopefully these law school law firms will be beneficial. [New York Times]
* A group of legal heavy hitters — “The Coalition of Concerned Colleagues” — submitted a cutting letter to the Task ABA Force on Legal Education. Next time, try “The Law School Avengers.” [WSJ Law Blog (sub. req.)]
* If it’s proven that enough Native Americans find the Redskins team name offensive, the Trademark Trial and Appeal Board may cancel the mark. Would it be offensive to call the TTAB Indian givers? [National Law Journal]
* An apple a day may keep the doctor away, but benchslaps are another thing entirely. Sorry, Gibson Dunn, but your document production “mistake” was “unacceptable” in Judge Paul Grewal’s courtroom. [Bloomberg]
* 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]
Judge Cooke has ruled on the motion for sanctions against TD Bank and its former counsel, Greenberg Traurig. What did she decide?
American Bar Association / ABA, Biglaw, Cass Sunstein, Drugs, Fast Food, Gay Marriage, Guns / Firearms, Law Professors, Law Schools, Military / Military Law, Morning Docket, Sam Sparks, Sports, Student Loans, Ted Frank, UVA Law, Violence
* 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]
* It’s too late to apologize this time, Cesar. Greenberg Traurig has been sanctioned in the TD Bank to-do for the firm’s negligent failure to bring forth documents during discovery. [Tampa Bay Business Journal]
* 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]
* I think there is an interesting question on why Republican Presidents seem to have difficulty getting their Supreme Court justices to vote the party line, but this opinion writer handles the discussion in a stupid, butthurt way. [Washington Post]
* Your Tweets can be subpoenaed. #Biglawdiscoverytactics. [Atlantic Wire]
* Rutgers-Camden Law seems to be having trouble filling its seats. Maybe that’s why they’ve started admitting people who didn’t even apply. [Tax Prof Blog]
* If you spend over $100K for a J.D. and then end up working at Axiom, you’ve probably lost. [Law Technology News]
* Here’s a nice little chart made with Chambers numbers to tell us which firms seem to be staffing up. The takeaway is that in addition to your studies, you should be spending enough time in the gym so you look pretty enough to work at Davis Polk. [WSJ Law Blog]
* A Blawg Review that pays homage to Lyndon Baines Johnson. I read that LBJ used to take meetings while he was on the crapper. You probably couldn’t do that today without somebody suing you. [The Defense Rests via Blawg Review]
The adage that law turns slowly does not hold in eDiscovery. This year saw unprecedented sanction awards for falling behind the curve. Courts did not hesitate to engage with advanced and nuanced technological issues. For lawyers and other eDiscovery professionals who plan on maintaining basic competence, these cases and trends shouldn’t be overlooked. For a full exploration of trends and developments in this area of case law, check out this on-demand webinar.
Remember the discovery dust-up involving Greenberg Traurig, which gave rise to contempt proceedings? The two-day hearing took place last week. What happened?
* This is the job that I want. Just running around New York City, and telling people they suck. [Dealbreaker]
* New Orleans Saints linebacker Jonathan Vilma has filed a lawsuit against NFL Commissioner Roger Goodall. I’ve got $100 for anyone who takes Vilma’s lawsuit out with a summary judgment. [New Orleans Times-Picayune]
* The story of Dewey & LeBoeuf, as told through numbers. Legacy Dewey Ballantine folks aren’t going to love this. [Adam Smith Esq.]
* Isn’t this the best way to explain what it’s like to be white? [Kotaku]
* What will the legal profession look like when your kids are going to law school? [Hellerman Baretz]
* Speaking of having children, I wonder if I will become more “prude” when I’m a parent, or at least more critical of graphic displays of sexuality. [Popehat]
* You shouldn’t let your client bring notes to a deposition. Otherwise you will have a huge a-hole. [What About Clients?]
* The Da Silva Moore case already reads like a reality TV show. Is something more pernicious going on beneath the surface? [Ride the Lightning]
A Biglaw firm accidentally released an unredacted version of documents it had previously spent lots of time and money intentionally trying to keep sealed. Oops!
Did a partner’s alleged misstatement cost Greenberg Traurig a client? Or is the partner in question being made into a scapegoat?
One of the parties in Da Silva Moore v. Publicis Group, the first federal case in which a judge approved protective coding, has requested that Judge Andrew Peck, who made the order, recuse himself. What is the basis for the recusal request?
‘David versus Goliath’ captures the challenge a smaller firm faces when litigating against an AmLaw 200 firm. A small firm can feel like David when facing a larger firm that can bring more resources to bear on legal research, drafting motions, reviewing documents, etc. So how can a small firm, especially representing a smaller company, effectively litigate against a proverbial army of lawyers representing a client to whom money is no object?