Several years back, the Washington Post uncovered multiple instances of federal judges committing basic ethical breaches related to ruling on cases despite holding significant financial stakes in one party. It was an embarrassing black eye for the federal judiciary and the legal system altogether. It forced the bench to develop a comprehensive financial reporting system and an automated computer check to avoid any further ethical lapses. Sounded reasonable at the time.
Well, it turns out the computer system doesn’t work.
Or at least it doesn’t work as well as anyone would have hoped. The Center for Public Integrity (CPI) just released a report this morning reflecting their efforts to manually review a sampling of federal court decisions and cross-check those with financial disclosure forms. The report found multiple lapses. The most egregious involved a judge with as much as $100,000 in Johnson & Johnson when he ruled in their favor on an appeal regarding a malfunctioning implant.
But by and large the legal world’s responses to these findings vary from tone-deaf to downright hypocritical….
Circles around the water coolers in offices of the federal judiciary are very busy today. It seems that a rumor is circulating about a prominent conservative judge who allegedly posed for nude photographs before heading to law school. The photos, which made their way to badpuppy.com, one of the largest gay pornography sites on the worldwide web, depict a handsome young man staring into the camera, expressionless, his genitalia fully exposed.
If true, this would not be the first time that a respected jurist has inadvertently revealed what lies underneath their robes. Judge Wade McCree of Michigan bared it all when one of his sext messages was leaked to the public. Madam Justice A. Lori Douglas blushed red as a Canadian maple leaf when nude photographs of Her Honor engaging in bondage acts surfaced online.
On the other hand, if the gossip that is making the rounds is true, it would likely be the first time that a federal judge seated on one of the United States circuit courts has been caught with his pants around his ankles — or in this case, with no pants at all…
(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.
So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.
Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.
* I’m not sure what it takes to be a top “Global Thinker,” but I’m sure these law professors are worthy. [Volokh Conspiracy]
* Good to see that I’m not the only one who gets crazy pitch letters from lawyers. [Popehat]
* If somehow this results in a Simpsons episode where the 11th Circuit rules on whether or not the family can have another Snowball, I’ll be happy. [Find Law]
* No joke, the “things you can’t do on a plane” series is probably my favorite thing in the blawgosphere right now. [Legal Blog Watch]
* Keith Magness, the lawyer accused of masturbating on the office furniture of girls in his firm, entered Alford pleas. But the pleas kind of stuck together. [Times-Picayune]
* But really, how is anybody going to get trial experience if everybody is entering pleas all the time? [Underdog]
* Could a benevolent monopolist fix legal education? Perhaps. But I’d vote for a malevolent blogger instead. [lawprofblog]
* This law student is worried about the tax implications of getting free donuts. He’d better be worried about letting me know that he can get donuts whenever he wants. (Yes, I make the jokes so you can’t hurt me, then go home to bacon-wrapped, fried steak wedges, which don’t judge). [Tax Prof Blog]
* I was on Geraldo at Large for about 30 seconds this weekend telling a gun range owner that guns should be regulated while standing in the middle of his gun store. I wore bright orange because, well, I didn’t want to get shot. [Geraldo at Large]
Let’s see. How many completely unrelated topics can you fit into one federal appeals court ruling? How about a lead defense attorney who drank a quart of vodka during every day of a capital murder trial, a concurring opinion criticizing the majority opinion — not about the case itself, but simply on the ruling’s length — aaaand let’s throw in a Mark Twain quote for good measure.
That should do it! Introducing the ruling in Holsey v. Warden. It’s quite the odd duck, so let’s take a look…
In one of his ballads, Jim Croce warned that there are four things that you just don’t do: “You don’t tug on Superman’s cape/ You don’t spit into the wind/ You don’t pull the mask off that old Lone Ranger/ And you don’t mess around with Jim.” He could have added a fifth warning to that list: “And you don’t let pistol-packing mother catch you naked in her daughter’s closet.”
* A gem from the Eleventh Circuit: if you believe it’s newsworthy, it is. Even naked pictures of dead girls. Now stop hoping a hot girl dies, sickos. [CNN]
* If there’s one thing judges are good at, it’s keeping their law clerks white. They’ve made no progress in increasing diversity. [National Law Journal]
* Some law school grads bitch and moan about the “student loan scam,” but others just do what they went to school for, and sue about it. [ABC News]
* The social media machine that is Mark O’Mara can’t be stopped — judge’s orders. And George Zimmerman is going to like and retweet that until the cows come home. [Boston Herald]
* Here’s infringing on you, kid. British fashion house Burberry insists that a California company stop Bogarting its rights to Humphrey’s trademark and likeness, all for the sake of promotional materials. [Bloomberg]
With Murdoch gone, British media can return to doing what it does best.
* A federal judge tossed out a law requiring tobacco companies to put graphic warning labels on cigarette packages. If paying $7 a pack doesn’t stop you from buying smokes, I don’t think nasty photos will either. [CNN]
* SCOTUS won’t deal with Arizona’s controversial immigration law for a couple months, but the Eleventh Circuit will hear oral arguments about Alabama’s even stricter law today. But why would you immigrate to Alabama, of all places? Thomson Reuters News & Insight]
* The Seventh Circuit ruled that police can search a cellphone for its number without a warrant. Judge Richard Posner compared it to law enforcement’s ability to open a pocket diary and copy the owner’s address. The bigger question is: do drug dealers keep diaries? [Wall Street Journal]
* James Murdoch, the News Corp. heir apparent, has resigned in the wake of the News of the World scandal and related lawsuits. Now everyone can just go back to reading British tabloids for the Page Three Girls. [Los Angeles Times]
* RIP Lynn D. “Buck” Compton, the prosecutor who secured a conviction of Robert F. Kennedy’s assassin, and the Army paratrooper portrayed in the book and HBO miniseries “Band of Brothers.” [Washington Post]
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.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at firstname.lastname@example.org or email@example.com. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
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