Oral argument before the Supreme Court is ripe with dramatic possibilities. If you doubt this, check out Arguendo, the new work by Elevator Repair Service that just received a rave review from the New York Times. I saw “Arguendo” last weekend, before I participated in an on-stage conversation with director John Collins, and I was impressed by how well the play captures the drama, comedy, and even athleticism of appellate argument. (Buy tickets here — but act quickly, since they’re going fast.)
If oral argument is a form of theater, then the U.S. Supreme Court is Broadway — the biggest and best venue in all the land. And we’ve just learned about a brilliant understudy who will be making her debut at One First Street next month.
Expectations are running high for this talented protégé of a celebrated SCOTUS litigator. Who is playing Eve Harrington to Paul Clement’s Margo Channing?
* Dr. Shiping Bao, the medical examiner in the Zimmerman trial, claims that Florida state prosecutors were biased against Trayvon Martin and purposely threw the case and now he’s suing. While it’s hard to believe a prosecution could be that bad absent purposeful mismanagement, Bao’s allegations conveniently surfaced right after he was fired. [News One]
* An explanation of what happened in the Colorado recalls last night. Basically, David Kopel argues that it was a victory for the Second Amendment and the Fourteenth Amendment. It was also a victory for the idea that “democracy” should be replaced by “scheduling off-elections to minimize the representative sample of the voting populace.” Yay! [The Volokh Conspiracy]
Off-year primary day was yesterday. For political junkies, last night was kind of like the Hall of Fame game that kicks off the NFL preseason and signifies that football is back. For non-junkies, last night was a pointless exhibition.
The big national story from last night was don’t f**k with the NRA. I think we all knew that already, but two Colorado Senators were recalled for passing tough gun legislation in a state with enough mass shootings to be a province in Syria. The always excellent Election Law Blog puts these results in context. Essentially, these votes will give purple state Democrats even more reason to react to the NRA like most people react to an armed mugger: “Please, take my legislative agenda, just don’t hurt me.”
So ends my coverage of mythical places west of the Hudson. Here in New York City, we had a pretty big slate of primaries yesterday. Every primary is a lesson for the politicians, but this election cycle was also a lesson for political prosecutors. Those who seek to rise to power based on their skills at seeking justice for aggrieved citizens can learn a lot from yesterday’s results.
See if you can finish the joke: A black guy, a police commissioner, and Eliot Spitzer walk into a bar…
Ed. note: Above the Law will not be publishing on Monday, September 2, in observance of the Labor Day holiday.
* Municipal election fraud is being alleged in Tuscaloosa after a sorority bribed people with free drinks to get a University of Alabama Law grad elected (defeating the incumbent, another lawyer — and wife of a UA Law professor). The big question here is how f**king terrible is voter turnout in Tuscaloosa that a sorority can rig an election? [AL.com]
* A banned food truck launched a First Amendment suit after officials banned the truck for using an ethnic slur in the name. I haven’t seen a food truck shut down like that since “Steak Me Home Tonight.” [WSJ Law Blog]
* The NFL looks to London. Tax laws are one of many obstacles. [Grantland]
* 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]
I was on a fast-moving segment on HuffPost Live this afternoon called “Legalese It,” where host Mike Sacks runs through a bunch of overlooked legal items from the past week. Since I was on vacation for half of the week, I learned a lot! For instance, did you know that Michigan had an anti-begging statute on the books from the 1920s that was just struck down so they can put a big “Spare Some Change” sign in Detroit?
Okay, that’s not why it was struck down, but still. Also it seems that North Carolina is trying to restrict voting to five white guys chosen at random by Reince Priebus and Obama is now in favor of legislative prayer, as if nobody told him he can’t run for a third term.
Looks like I missed a lot, but that didn’t stop me from talking about it on the web. Specifically, I got to talk about how Eric Holder and Texas Attorney General Greg Abbott are now friends when it comes to stopping USAIR and American Airlines from combining to own all the railroads on the Monopoly board…
* Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal]
* The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times]
* The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily]
* Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME]
* The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel]
* Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]
* This afternoon, O.J. Simpson pleaded with the parole board in Nevada. For now, the Juice is still on ice. [USA Today]
* Four South Korean firms allegedly fixed the price of ramen noodles for over a decade. You mean that s**t can be cheaper? [Courthouse News Service]
* Do you want to make sure the NSA can’t read your email? Join the NSA! [Lowering the Bar]
* Eric Holder is going forward with efforts to halt the new Texas voting requirements pursuant to the bail-in procedure. But how will he ever prove a substantial history of constitutional violations in Texas? [The Volokh Conspiracy]
* The Ninth Circuit has affirmed Judge Dolly Gee’s earlier denial of Fox’s request for a preliminary injunction against Dish Network over its special, ad-skipping DVR. It’s a testament to how much power the networks have thrown around that this is treated like an amazing new technology — I bought an ad-skipping DVR from ReplayTV in 2001. [The Verge]
* Chicagoland preacher facing federal fraud charges announces: “Because of Judge Sharon Coleman’s continual mocking of God’s ecclesiastical order and the sanctity of family/marriage, the wrath of God almighty shall soon visit her home.” Federal authorities were not amused. [Chicago Tribune]
* A NJ state judge declares that Atlantic City casinos can control the weight of its waitresses. Because overweight waitresses are the reason no one goes to Atlantic City anymore. [My Fox NY]
* Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today]
* More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage]
* The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money]
* What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice]
* No, silly, Ruth Bader Ginsburg isn’t “too old” to be a Supreme Court justice. So what if she uses the SOTU address as her personal naptime? She’s brilliant, and everyone loves her. [Los Angeles Times]
* “Justice delayed due to overworked judges can … mean justice denied,” and Obama’s got a lot of work ahead of him due to a “uniquely high” amount of judicial vacancies on his watch. [National Law Journal]
* After the SCOTUS ruling on the Voting Rights Act, Southern states have rushed to push out voter ID laws. But isn’t that discriminatory? “Not true, not true,” as Justice Alito would say. [New York Times]
* It turns out the Foreign Intelligence Surveillance Court’s redefinition of the word “relevant” is what has allowed the NSA to collect anything and everything. Say au revoir to privacy! [Wall Street Journal (sub. req.)]
* Layoffs: they aren’t just for Biglaw firms anymore! McGeorge Law School is downsizing its staff and student ranks due to an “unprecedented drop” in applications. Another one bites the dust; which law school will be next? [Sacramento Bee]
* Client 9, aka Eliot Spitzer, announced his candidacy for NYC comptroller. He’ll run against Kristen Davis, the woman who once set him up with escorts. That’ll be an awkward debate. [New York Times]
* As the prosecution rests its case and the defense’s acquittal motion is denied, a nation is left wondering whose voice it was on that 911 recording — Trayvon Martin’s or George Zimmerman’s? [CNN]
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.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
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.
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.