* Let’s get ready to rumble! Senate Democrats are threatening to go “nuclear” on existing filibuster rules if Senate Republicans decide to band together to block Patricia Millett’s nomination to the D.C. Circuit. [New York Times]
* AMR Corp. and US Airways are reportedly trying to broker a deal with the Department of Justice that would allow the airlines’ merger to go through. And this is the room full of people who care. [Wall Street Journal (sub. req.)]
* Proskauer Rose and the zombie corpse of Dewey & LeBoeuf received a Halloween treat from Judge Martin Glenn in the MF Global case. The firms will each be receiving a combined $9 million for their work. [Am Law Daily]
* Twitter is facing a $125 million fraud suit filed by two financial firms claiming that the social media giant had them organize a private sale of shares and then canceled it. #OhShiat #LawyerUp [Businessweek]
* She’s got the right to remain topless: Holly Van Voast, the photographer famous for roaming the streets of New York with breasts bared, settled a lawsuit against the city for $40,000. [New York Daily News]
* Lawyers from the DOJ are literally begging judges to stay their litigation cases because they’re not allowed to work unless it’s an emergency. How very lucky for U.S. Air. [Blog of Legal Times]
* FYI, the IRS wants to further screw victims of layoffs. If you were recently laid off and received a severance package from your firm, this is a SCOTUS case you’ll want to follow this Term. [Reuters]
* Which Biglaw firm has the best brand in the world? We’ll give you a hint: it’s not the new top dog on the Am Law Global 100 (and that glorious firm didn’t even finish in second place). We’ll have more on this later. [Am Law Daily]
* Yet another Biglaw firm just elected its first woman chair ever. Congratulations to Jami Wintz McKeon, the power litigatrix who will lead Morgan Lewis to great success in the coming years. [Am Law Daily]
* Some corporate “girl on girl action”: ex-employees of the National Association of Professional Women are now suing the organization over a female manager’s sexual harassment. [DealBook / New York Times]
* New Jersey’s AG is desperately trying to delay the issuance of same-sex marriage licenses after a trial judge’s ruling last week. At this point, the Garden State’s arguments are just livin’ on a prayer. [Bloomberg]
* With a government shutdown looming, the Supreme Court will likely go about business as usual. In fact, Justice Alito is rolling his eyes at the mere concept of closing the Court’s doors as we speak. [SCOTUSblog]
* But in the meantime, both the Department of Justice and the federal judiciary are hunkering down and waiting for the collapse of law and order thanks to all of our petulant politicians in Washington, D.C. [Blog of Legal Times]
* Justice Scalia thinks the NSA’s surveillance programs may come before SCOTUS for an examination of a “right of privacy that comes from penumbras and emanations, blah blah blah, garbage.” [Associated Press]
* Perhaps it’s due to the “hangover from the collapse of the markets in 2008,” but white-collar defense practices are on the rise in Biglaw, and the firms’ leaders could not be happier. [Philadelphia Inquirer]
* Another law school ranking just means there’s another way for Yale to whoop Harvard’s ass. Now we know that Lat’s alma mater is slightly better at producing law deans than Elie’s. [National Law Journal]
* A motion to dismiss has been filed, and now Jill Kelley, the Florida socialite who assisted in bringing about the end of General David Petraeus’s career in the CIA, is watching her legal case unravel. [CNN]
* As previously discussed, Morgan Lewis partner Leslie Caldwell hopes to take over where Lanny Breuer left off at the DOJ Criminal Division. Her nomination was formally announced this afternoon. [Blog of Legal Times]
* Judge Scheindlin doesn’t want to end stop-and-frisk in New York City, she wants to end racial profiling, so you can’t have a stay pending your appeal to the Second Circuit, Mayor Bloomberg. [New York Law Journal (sub. req.)]
* Dewey know which companies were the latest to be sued by the failed firm’s liquidation trustee to recover funds paid out in the days before it went under? Yes, and Dial Car is really pissed off. [Am Law Daily (sub. req.)]
* Let’s face the facts: no one’s goal as an attorney in Biglaw is to make it drizzle. Because “law firms don’t know when to fold when trying to hire lateral partners,” they sometimes wind up with the opposite of what they want amid their ranks. [The Lawyer]
* Texas Wesleyan Law has been Texas A&M Law for only a few weeks, but new traditions are already being made for Aggie lawyers. Now when students enter a classroom, the professors say “howdy.” [KBTX]
Sergio Garcia (not the racist golfer) has lived in California most of his life. He worked his way through law school and then took and passed the California bar exam on the first try.
Yesterday, the California Supreme Court heard argument on whether Garcia could be admitted to practice law.
Sergio Garcia was brought to the United States when he was 17 months old. The California justices must decide whether an undocumented immigrant can be admitted. The State of California says yes. The Obama Administration says no.
The news coverage of the case implies that California has the equities on its side while the Obama Administration has the law.
It’s a tidy narrative for a story, but the media hasn’t really focused on the briefs, because when you actually unpack the statute the administration cites, it requires tortured mental gymnastics to support rejecting Garcia’s application….
* Biglaw’s billing bonanza: at least 12 firms are advising on the multi-billion dollar deals going on between Microsoft / Nokia and Verizon / Vodafone, and Simpson Thacher landed a seat on both. [Am Law Daily (sub. req.)]
* Standard & Poor’s is now accusing the Department of Justice of filing its $5 billion fraud lawsuit in retaliation for downgrading the country’s credit rating. Aww, we liked the “mere puffery” defense much better. [Reuters]
* The new ABA prez doesn’t think Obama meant what he said about two-year law degrees. He thinks it’s about cost. Gee, the ABA should probably do something about that. [National Law Journal (sub. req.)]
* Meanwhile, New York Law School wants to condense its offerings into a two-year honors program that comes complete with a $50,000 scholarship. Sweet deal if you can get it, but it sounds like most people won’t. [Crain's New York Business]
* Stewart Schwab, the dean of Cornell Law School, will be stepping down at the end of the academic year. The search for someone new to oversee the filming of amateur porn in the library is on. [Cornell Daily Sun]
* Crisis? What crisis? Nothing is f**ked here, dude. Amid plummeting applications, GW Law increased the size of its entering class by about 22 percent. The more lawyers, the better, right? /sarcasm [GW Hatchet]
* Jacked up! Attorneys for NFL player Aaron Hernandez got a stay in the civil suit accusing the athlete of shooting a man in the face until after the athlete’s murder charges have been worked out. [USA Today]
The federal government isn’t exactly in rapid growth mode right now (which may explain the pain of D.C. law firms). But if you’re interested in working for the government, some opportunities still remain.
If you’re a 3L or law clerk who’s interested in the Honors Program, you need to submit your application materials very soon — about a week from now. The Honors Program application deadline is SEPTEMBER 3, 2013 (and note that the Labor Day holiday falls during this period, which could affect your ability to obtain transcripts or contact references). For complete application information and the full hiring timeline, see the DOJ website.
We wish you good luck — because you’ll definitely need it….
* Even the election law controversies are bigger in Texas. The Department of Justice is currently planning to intervene in one lawsuit and file another against the Lone Star state over its voter identification law and redistricting plans. [National Law Journal]
* Here’s an especially helpful ruling for people who have been living their lives without landlines (so, basically everyone). You can gratefully thank the Third Circuit for allowing you to block those annoying robocalls on your cellphones. [Legal Intelligencer]
* Well, that was quick — a Biglaw pump and dump, if you will. After only a year, David M. Bernick, former general counsel of Philip Morris, is leaving Boies Schiller and will likely be taking a position at Dechert. [DealBook / New York Times]
* “[L]ife got in the way.” Who really needs loyalty in Biglaw these days? More than half of the nearly 500 associates and counsel who made partner in 2013 started their careers at different firms. [Am Law Daily]
* Another one bites the dust. John McGahren, the New Jersey managing partner of Patton Boggs, just resigned from an office he opened himself after some major attorney downsizing. [New Jersey Law Journal]
* “In a community of 98,000 people and 640,000 partners, it isn’t possible to say there will never be wrongdoing.” Comforting. Microsoft is under the microscope of a federal bribery probe. [Corporate Counsel]
* Ronald Motley, a “charismatic master of the courtroom” who founded Motley Rice, RIP. [WSJ Law Blog]
* Chief Justice John Roberts appointed Second Circuit Judge José A. Cabranes to the Foreign Intelligence Surveillance Court of Review. Roberts must be happy; few will criticize a moderate. [Washington Post]
* The Department of Justice plans to hire Leslie Caldwell, Morgan Lewis partner and ex-Enron prosecutor, to fill Lanny Breuer’s shoes. Way to leak the news while she’s on vacation. [DealBook / New York Times]
* Tell us again how sequestration isn’t having an impact on the judiciary. Private federal indigent defense attorneys are going to see their already modest rates slashed due to budget cuts. [National Law Journal]
* Sixteen lawyers will receive the New York Law Journal’s Lifetime Achievement Award, and a list like this obviously wouldn’t be complete without the names of some of Biglaw’s best and brightest. Congrats, Rodge! [New York Law Journal]
* Here’s something to aspire to for the ongoing law school lawsuits: Career Education Corp., a system of for-profit colleges, will pay $10 million to settle a dispute over its inflated job statistics. [Wall Street Journal]
* Penn State University is starting to issue settlement offers to young men who claim they were sexually abused at the hands of Jerry Sandusky, the school’s former assistant football coach. [Legal Intelligencer]
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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 seven years. You can reach them by email: email@example.com.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.