DOMA

The different jurisdictional treatments of same-sex marriage are not the only factor influencing businesses’ decisions about where to locate operations. As all businesses do, we make our decisions about where to locate our operations by balancing several relevant—and sometimes competing—factors. In light of the multiple criteria we utilized in deciding where to locate our new global services center, we remain very confident in and pleased about our choice of Lexington, Kentucky, for our new operational hub.

– A representative for Bingham McCutchen, commenting in response to criticisms about the firm’s decision to open a global services center in Kentucky, a state where gay marriage is outlawed. Bingham recently filed an amicus brief arguing that the Defense of Marriage Act is “bad for business.”

The Notorious P.O.P.E.

* Like any lawyers worth their salt, attorneys for the Obama administration are wasting precious time and procrastinating on whether they’ll weigh in on the Supreme Court’s Prop 8 case. [Wall Street Journal (sub. req.)]

* The nation’s largest companies, on the other hand, filed a brief with the Supreme Court concerning the DOMA case. Of course, they care more about money than people, but that’s beside the point. [New York Times]

* Lanny Breuer took his sweet time turning in his resignation from the top post of the DOJ Criminal Division, but his acting successor was named quite quickly. Welcome aboard, Mythili Raman. [Blog of Legal Times]

* Francine Griesing, the ex-Greenberg Traurig partner who alleged the firm was a “boys club,” agreed to mediate her claims. Too bad, we hoped something would actually happen with this case. [Legal Intelligencer]

* Hoping to get all your law school applications out before that looming March 1 deadline? Not gonna happen. LSAC’s site has been borked since Tuesday. Take this for the obvious sign that it is! [National Law Journal]

* Surprisingly not from The Onion: the Vatican wants to call the retiring pontiff “Pope Emeritus,” but a California rapper that no one’s ever heard of is threatening trademark litigation to stop it. [Borowitz Report / New Yorker]

About to kiss, or kill each other?

Marriage can be a tricky business, especially when it comes to an end. Just ask the former Skadden partner whose remarkable departure memo has everyone talking. Both his former and current marriage have attracted a lot of attention.

And at least his marriages were between one man and one woman. When same-sex unions fall apart, things can get especially complicated….

double red triangle arrows Continue reading “The Gay Divorcees: From Marriage Equality to Divorce Equality”


When it comes to the employee benefit known as “tax equalization for same-sex health benefits” (aka the “gay gross-up”), maybe the pertinent question should be which firms don’t offer it. Since our recent write-up, we’ve heard about more leading law firms that offer this perk, taking the total number of firms that have it to more than 40. (The new firms are mentioned below.)

So let’s move on to the next front, which we also alluded to in our prior post: adoption and surrogacy-related benefits. They’re not nearly as common as tax equalization for same-sex health benefits, but a handful of firms appear to offer them.

Let’s find out which ones, shall we?

UPDATE (2/8/2013, 1:00 AM): A noteworthy update about the legal status of surrogacy, after the jump.

double red triangle arrows Continue reading “Biglaw Perk Watch: Adoption Benefits
(Plus an update on the gay gross-up.)

It has been a long time since our last listing of the major law firms that offer the “tax offset for domestic partner health benefits” or the “tax equalization for same-sex health benefits.” (If you’re not familiar with this benefit, also known as the “gay gross-up,” see this explanation.)

As we’ve explained before, this benefit is necessary because of the Defense of Marriage Act (DOMA). Let’s hope that this benefit is no longer necessary in the near future. This Term, the Supreme Court will rule on the constitutionality of DOMA (assuming they don’t dodge the issue on jurisdictional grounds). If SCOTUS goes the way of the lower courts, DOMA will go down, and the gay gross-up won’t be needed.

In the meantime, though, the benefit is needed. Let’s take a look at which firms should be added to our list….

double red triangle arrows Continue reading “Biglaw Perk Watch: Tax Equalization for Same-Sex Health Benefits”

If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?

– Justice Antonin Scalia, in an appearance yesterday at Princeton to promote Reading Law (affiliate link), responding to a gay student who asked the justice why he draws parallels between laws against sodomy and laws against bestiality and murder.

(So, is homosexuality the new killing it? Read more, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Scalia Skis the Slippery Slope”

The Defense of Marriage Act. California’s Proposition 8 ban on gay marriage. These were two of the big issues that the U.S. Supreme Court was deciding whether to hear this Term.

The Court just issued its certiorari orders. What happened?

double red triangle arrows Continue reading “Breaking: Supreme Court Decides To Hear Major Gay Rights Cases”

Casey Anthony is not impressed.

* Will it be DOMA or Prop 8? The countdown until Friday starts now, because everyone’s waiting to see whether the Supreme Court will grant cert on one of the five same-sex marriage cases that has come before the high court. [UPI]

* Walk like an Egyptian — or, in this case, you can protest like one. Judges and lawyers are on strike and filing legal challenges to President Mohamed Morsi’s “unprecedented attack on judicial independence.” [New York Times]

* Dewey know when this failed firm’s bankruptcy plan will be approved? Team Togut is hoping for a February resolution, but the rascally retirees may throw a wrench in things with their committee’s continued existence. [Am Law Daily]

* Even though the Northern District of California has a historic all-women federal bench — a courthouse of their own, if you will — there’s probably no need to tell them that THERE’S NO CRYING IN LITIGATION. No crying! [The Recorder]

* New technology + old laws = a privacy clusterf**k. This week, a Senate committee will contemplate whether the Electronic Communications Privacy Act needs to be updated to get with the times. [New York Times]

* The New York State Bar Association may oppose it, but Jacoby & Meyers’s challenge to the state’s ban on non-lawyer firm ownership shall live to see another day thanks to the Second Circuit. [New York Law Journal]

* An Alabama Slammer is both a dangerous cocktail and a term for what happens when your Southern law school refuses to cut its class size and you’re left woefully unemployed after graduation. [Birmingham News]

* Casey Anthony finds relevancy again! Girls in my high school used to search for “foolproof suffocation” on Google and later get acquitted of murdering their daughters all the time; it was no big deal. [USA Today]

* Dean Boland, aka Paul Ceglia’s gazillionth lawyer in the Facebook ownership case, will soon find out if can withdraw as counsel. He’s got other things to deal with, like a $300K child porn judgment. [Wall Street Journal]

Not one single ‘F’ from the Class of 2012.

* “Whether or not the law is dictating it right now, the people are dictating it.” In light of First and Second Circuit DOMA decisions, in-house counsel are considering benefits for same-sex spouses and domestic partners. [Corporate Counsel]

* “I’m a woman of integrity. My emotions got the best of me.” A Dish Network executive had to publicly apologize for accosting a Gibson Dunn litigation partner’s elderly father outside of a courtroom after the Cablevision trial. [Am Law Daily]

* A potential farewell to the typical liberal bias in education: at the end of the day, Teresa Wagner’s political bias case against Iowa Law could alter hiring nationwide in higher education. [Iowa City Press-Citizen]

* Not prepared for the bar exam, and currently without a law job? Let’s give that school a “B” rating. The results of this survey pretty much conclude that recent law school graduates are out of their minds. [WSJ Law Blog]

* A soon-to-be high school graduate wants to know if he can “go into a creative career” with a law degree. You silly little boy, the law is where creativity goes to die. Hope that helps! [Law Admissions Lowdown / U.S. News]

* There’s a lot going on here: an Iowa Law prof suing over alleged discrimination for her conservative views, inexplicable sexual noises at work, strange unnamed health problems… just read the damn article. [ABC News]

* An 80-year-old woman was arrested for taking down posters comparing Obama to Hitler, because she lived through WWII and was “angry that someone would portray the president as a Nazi.” What a great use of law enforcement resources. [Yahoo!]

* I am never buying soda again. Ever. [Kansas City Star via Legal Blog Watch]

* Could the secret to upholding the Defense of Marriage Act lie in… the Obamacare ruling? Paul Clement, are you listening? [Tumblr / John Carney]

* A former district attorney in Texas (who is now a judge) could get disbarred for intentionally withholding favorable evidence from a man who spent 25 years in prison for a murder he didn’t commit. Errbody in the club put your hands up and scream, “Brady violation!” [Austin American-Statesman]

* A Malaysian law student is in trouble for putting his sexy times on a public blog. I strongly recommend you resist the urge to look up the NSFW blog on Google. If you just can’t help yourself, don’t say I didn’t warn you. And you will probably need this, too. [Roll On Friday]

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