Equal Employment Opportunity Commission

Morning Docket

Morning Docket: 10.04.16

* "[G]reed is not a component of the law of fiduciary duty anywhere." Donald Trump's campaign may have claimed he has "a fiduciary responsibility to his business, his family and his employees to pay no more tax than legally required," but legal experts found that assertion pretty laughable, seeing as there's no such thing as a fiduciary duty to oneself. [DealBook / New York Times] * An attorney who serves as an advisor to the ABA's Standing Committee on Gun Violence says he accidentally shot and killed his wife when his gun went off after hitting a speed bump. He claims he had the gun out because they were in an area where Black Lives Matter protests had been held and was afraid they were about to be carjacked. [People] * For the first time since the days of Abraham Lincoln, the Supreme Court opened its new term with a vacancy on the bench certain to be filled in the upcoming presidential election. Without the late Justice Antonin Scalia's voice, the Court is left split along ideological lines, with four conservative justices and four liberal justices. [Reuters] * According to Chief Justice John Roberts, "judges are not politicians, even when they come to the bench by way of the ballot," but that doesn't mean elected judges behave as judicially as they're expected to when retention elections are near. In fact, "[a]ll judges, even the most punitive, increase their sentences as re-election nears." [New York Times] * The EEOC has filed a suit against Denver Law, alleging that female full-time professors are paid less than their male counterparts. Nine female professors work at the school full-time, and on average, they're paid about $20K less than full-time male professors. Denver Law says it stands by its "system of evaluation and merit pay." [Denver Post]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 03.01.16

* It really isn’t okay that there are children that go hungry. Harvard Law student Thomas Tobin knows there is something that can be done to alleviate the problem. [Arkansas Online] * The Supreme Court rejected requests for expedited audio in today’s two big cases: Whole Woman’s Health v. Hellerstedt and U.S. v. Texas. When are we going to be able to force them to put cameras in there and be done with it? [Fix the Court] * Are the lawyers to blame for the giant Sharp / Foxconn deal falling through at the last second? And what can be done to salvage it? The clock is ticking and stock prices are falling. [Quartz] * Remember a few months ago when Republican governors were all butthurt about Syrian refugees? U.S. District Court Judge Tanya Walton Pratt ruled Indiana Governor Mike Pence was way outta line about the whole mess. [Wonkette] * The EEOC is going after employers that discriminate on the basis of sexuality, saying such actions are banned under Title VII of the Civil Rights Act. About time. [Buzzfeed] * Looking back at one of the worst Supreme Court decisions of all time to understand how important filling Justice Scalia’s seat really is. [Huffington Post] * A Sikh officer in the Army is suing, complaining his religious observations have subjected him to increased testing. [New York Times] * For those of you who missed last week's event at NYU Law, here's video from "Love, Law, and... Clerkships," featuring Professor Barry Friedman, Judge Alison Nathan (S.D.N.Y.), and our very own David Lat. [YouTube] https://www.youtube.com/watch?v=vjX6wLQmMIM&index=1&list=PLBC7DDA1DA3578169

By Kathryn Rubino
Crime

Morning Docket: 07.31.12

* Jason Cai, the software engineer convicted in the spring of murdering a young attorney, was sentenced today to life in prison without parole and ordered to pay more than $700,000 to the slain woman’s family. [Mercury News] * An appeals court revived a discrimination lawsuit filed by a woman against her employer. And nobody cares. Wait, hold on a sec. Her employer is the Equal Employment Opportunity Commission. What, what, whaaaat? [WSJ Law Blog] * James Holmes, the man accused of last week’s movie theater shooting spree, has been formally charged with 142 criminal counts. They include 24 counts of first-degree murder and 116 counts of attempted murder in the first degree. [Courthouse News Service] * The Twinkie defense is so played out. Now, courtesy of an ex-Citigroup employee, introducing the brand spanking new “Where’s Waldo” defense. [Reuters] * India’s largest and oldest television network has accused Nielsen of violating the FCPA by manipulating viewership data in favor of networks that offer bribes. Say it ain’t so! [Hollywood Reporter] * Chick-fil-A, free speech, zoning laws, and homophobia — all thrown together onto a failure pile in a sadness bowl. Noted First Amendment lawyer Marc Randazza, counsel to ATL, takes to CNN to educate the masses. [CNN]

By Christopher Danzig
3rd Circuit

Morning Docket: 04.18.12

* Since you’re so funny, crack some jokes about this one, Obama. Senate Republicans will be filing an amicus brief in support of a challenge to the constitutionality of the President’s recess appointments. [New York Times] * Thanks to this Third Circuit ruling, you can rest easy knowing that you can rely on the First Amendment to protect your homemade sex tapes from all of those strict porn record-keeping and labeling requirements… for now. [Reuters] * Due to Kelley Drye’s EEOC settlement, the New York State Bar Association is asking firms to end mandatory retirement policies. Because old folks need to make bank till they croak. [Thomson Reuters News & Insight] * The ABA’s Commission on Ethics 20/20 has decided to ditch its proposal to allow limited nonlawyer ownership of law firms. Cue tears and temper tantrums from the likes of Jacoby & Meyers. [Am Law Daily] * “If I believe that Chris Armstrong is a radical homosexual activist, I have a constitutional right to express that opinion.” Yeah, yeah, yeah. Tell that to the judge who dismissed your suit, Shirvell. [Detroit Free Press] * Presenting “her royal hotness”: apparently Pippa Middleton has been seen cavorting around France with gun-toting lawyer Romain Rabillard, of Shearman & Sterling. [Daily Mail]

By Staci Zaretsky
Attorney Misconduct

Morning Docket: 04.11.12

* Well, at least somebody’s getting a spring bonus. A Biglaw firm has folded against the EEOC’s will on the de-equitization of partners. And all of the underpaid old farts at Kelley Drye & Warren rejoiced! [Bloomberg] * Jets fans, are you ready for some football? That’s too bad, because no amount of Tebowing could have saved Reebok from settling this Nike suit. You’re going to have to wait for your damn jerseys. [WSJ Law Blog] * George Zimmerman’s lawyers, Craig Sonner and Hal Uhrig, have dumped him as a client. They’re probably just pissed that the “defense fund” he set up wasn’t linked to their PayPal account. [Miami Herald] * Marrying a terminally ill client who’s as old as dirt may seem like a great way to make some quick cash, but it’s more likely that you’ll just be disbarred. [San Francisco Chronicle] * When you’ve been late to court so many times that a judge calls your behavior “premeditated, blatant and willful,” you better be ready to open your wallet. That’ll be $500; at least pay on time. [New York Law Journal] * If at first you don’t succeed, try, try again — but only after a few years, banking on the off chance that the bar admissions people have forgotten about all the bad sh*t you did in law school. [National Law Journal] * Frank Strickler, Watergate defense lawyer to two of President Nixon’s top aides, RIP. [New York Times]

By Staci Zaretsky
Bankruptcy

Morning Docket: 10.06.11

* With about 90 vacancies in the federal court system, the Senate approved six for judgeships, including Judge John Roll’s replacement. [Thomson Reuters News & Insight] * $400 per wasted hour? That’s not what you’re paying your lawyer. That’s what he’s paying in sanctions for futzing around during depositions. [Daily Business Review] * Texas Roadhouse: […]

By Staci Zaretsky
Bankruptcy

Morning Docket: 10.06.11

* With about 90 vacancies in the federal court system, the Senate approved six for judgeships, including Judge John Roll’s replacement. [Thomson Reuters News & Insight] * $400 per wasted hour? That’s not what you’re paying your lawyer. That’s what he’s paying in sanctions for futzing around during depositions. [Daily Business Review] * Texas Roadhouse: […]

By Staci Zaretsky