Eric Holder

Amal Alamuddin Clooney

* The Fifth Circuit is allowing the Texas voter ID law to be enforced during the upcoming election, even though it was recently struck down by a federal judge. After all, “preserving the status quo” is very important down south. [Bloomberg]

* We suppose that’s why the Supreme Court stepped in to make sure that abortion clinics in Texas were allowed to reopen following their shut down. Take that, Fifth Circuit. [New York Times]

* AG Eric Holder is showing off some fancy legal footwork before he walks out the door. Federal prosecutors can no longer ask defendants to waive their IAC claims when pleading guilty. [WSJ Law Blog]

* Davis Polk & Wardwell is a Biglaw firm where hotties roam, and it looks like this top Justice Department prosecutor who started his career there is returning home there to roost. [DealBook / New York Times]

* It’s the debt: With headlines like “Law school applications plummet – at U of L too,” the University of Louisville School of Law can’t even convince alums from its undergrad school to attend. [Courier-Journal]

* Amal Alamuddin changed her name to Amal Clooney on her firm’s website. It’s as if she wants to rub the fact that she’s a human rights lawyer who just got married in everyone’s face. [New York Daily News]

Eric Holder

Now that Eric Holder has announced his departure as attorney general, talk has turned to who his successor will be — and should be. Early buzz has centered around Solicitor General Donald Verrilli, but there are other compelling candidates as well, including lots of legal luminaries that Above the Law readers will recognize.

Who will be our nation’s next AG? And who should be the next AG? Let’s discuss….

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She’s not a porn star, she’s a law student. We could see where you might be confused by that one.

* Now that we know Eric Holder is resigning, there’s been speculation as to where he’ll go next. The obvious choice is a return to Covington & Burling, but he could still surprise everyone. [National Law Journal]

* “Judicial campaign cash is burning a hole in the Constitution.” State court judges are pumping money into their election campaigns, and some have been left to wonder about its true price. [New York Times]

* Details have emerged as to conditions that must be met for Bingham McCutchen’s proposed merger with Morgan Lewis: partner promises, de-equitizations, and forgivable loans, oh my! [Reuters (sub. req.)]

* In the wake of Dean Makau Mutua’s decision to step down at Buffalo Law, a “deep rift” among faculty has been brought to light. The school’s future doesn’t seem as “bright” as we were once told. [Buffalo News]

* A former law student who was falsely identified as a porn star on the radio had her day in court and pulled out a win. Here’s the money shot: she’s walking away with $1 million in damages. [Kansas City Star]


President Obama formally announced the resignation of U.S. Attorney General Eric Holder this week. Filling the position ordinarily poses a political challenge, but installing Holder’s successor will be particularly rancorous. And we have Eric Holder himself to thank for that.

With Congressional midterm elections weeks away, confirmation hearings for a new AG any time soon seemed unlikely at first. However, Senator Patrick Leahy (D – VT), the chair of the Senate Judiciary Committee, announced that he intends to urge the confirmation process onward. “Definitely, we should have confirmation hearings as quickly as possible in the Senate,” Leahy told MSNBC’s Andrea Mitchell. Changes to Senate rules allow debate to end over executive and judicial branch nominees (except for nominees for Supreme Court vacancies) with a simple majority vote, rather than a supermajority of 60 votes. At least until the January 2015 session, when the Senate can revisit the rule change, Senators cannot filibuster the vote on Eric Holder’s potential successor. No matter what shifts occur after the upcoming elections, Republicans hold only 45 seats in the Senate until January 2015. So, Democrats acting quickly hold an advantage. However, Democratic senators facing dicey election contests may not be enthusiastic about their party’s push for hearings before the election.

The AG confirmation process opens a new battlefield in the war between supporters of President Obama and his critics. The battle to confirm Eric Holder’s successor promises to be messy. Senate Republicans will treat the process as a referendum on everything President Obama has done — possibly everything his critics suspect he might want to do. Washington politics makes this sort of fight possible. The timing of Holder’s resignation, a few weeks ahead of Congressional midterm elections, makes this plausible. But Eric Holder himself made this battle necessary.

So, how did Holder generate so much bad blood?

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* A list of lawyers who followed their passions. Let’s be honest: I just like that Lat’s in the same listicle as Jerry Springer. [One 400]

* Another report on the Brian Leiter kerfuffle (by Professor Jonathan Adler). [The Volokh Conspiracy / Washington Post]

* Postal carrier hoarded 40,000 pieces of mail. Newman! [The Smoking Gun]

* Another court allows service via Facebook. [Peter S. Vogel]

* Eric Holder is resigning. Time for the speculation that he must have done something awful to begin! [New York Observer]

* D.C. lawyer Ronald Goldfarb reviews John W. Dean’s new book (affiliate link) about the Nixon tapes. [Washington Independent Review of Books]

Kamala D. Harris is ‘by far, the best looking attorney general.’

* Solicitor General Don Verrilli may be a frontrunner to replace Eric Holder as attorney general, but the competition seems to be stiff. Kamala Harris, anyone? [USA Today]

* FBI Director James Comey is annoyed by Apple and Google marketing their encryption prowess for privacy’s sake — it’ll “allow people to place themselves beyond the law.” [WSJ Law Blog]

* White & Case just hopped aboard the onshore outsourcing train with its announcement that it would open a services center in Tampa, Florida. The move will create about 100 jobs, but we’d love to know how many it’s negating. [Tampa Bay Times]

* Slater & Gordon, the world’s first publicly traded law firm, has been on an “acquisition spree” in England. Earlier this month, it picked up a patent practice, and now it’s in talks with a litigation shop. [Am Law Daily]

* “Law school is a major gamble,” and people are more informed, but that somehow isn’t stopping people from applying. This is a great article to read if you’re still considering going all in. [New York Observer]

NPR has a breaking scoop. Sources report that Attorney General Eric Holder will announce his resignation today.

Holder is one of the longest-serving members of Obama’s cabinet. People have called him the most “racially divisive” AG in history. In related news, he’s also African-American, a fact that has really seemed to piss some people off.

It’s been a few weeks without a manufactured “scandal” landing on his desk, so maybe now is a good time to go back to private practice and make millions of dollars?

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* In light of today’s vote on Scottish independence, here’s an article on the opportunities for the legal industry if Scotland breaks free. [Business For Scotland]

* What are the biggest pet peeves of corporate counsel. Surprise, surprise, billing “surprises” makes the list. [ALM]

* Attorney General Holder is offering bigger payouts to Wall Street whistleblowers. Start saving your emails now you low-level finance folks! [Legal Times]

* Later today, Baker Hostetler’s John Moscow will try to convince Judge Griesa that he shouldn’t be disqualified for breaching the confidentiality of a prior client. [Law Blog / Wall Street Journal]

* As if Bingham didn’t have enough trouble, Akin Gump swept in and poached a gaggle of lawyers in Europe (as some previously predicted). [Law360]

* Skadden is really good at inversions. Elie would like to thank them for their work undermining American society. [The Am Law Daily]

* Yale Law is teaching students basic financial literacy. While some are hailing this program, my question is: how are kids getting to 20-something without learning this stuff already? [Yale Daily News]

* Full, fair, and independent: In a St. Louis Post-Dispatch op-ed, Attorney General Eric Holder promised “robust action” in Ferguson, Mo., in light of Michael Brown’s killing. [National Law Journal]

* Biglaw firms have taken notice of the crowdfunding scene, and some have started up their own practice groups dedicated to the cause. Goodwin Procter just got in on the ground floor. [Crowdfund Insider]

* Who will be honored with induction to the American Lawyer’s Legal Hall of Fame in 2014? Take a look at a list of past winners of the title to see if you can guess which legal luminaries will be next. [Am Law Daily]

* “We are actively investigating. We will not rest until we bring this case to a close.” Police still have no leads or suspects in the tragic murder of FSU Law Professor Dan Markel. Sad. [Tallahassee Democrat]

* Is your fantasy football league legal? Like the answer to all questions of law, it depends. Not for nothing, but we’re willing to bet that you won’t really care if it’s legal if it’s going to impede on your fun. [Forbes]

With the Supreme Court’s 2013 term concluding on Monday, many Americans are assessing how they feel about the judicial branch of their government. Even if you are still reeling about some of the decisions made recently by the least dangerous branch, don’t forget the executive. The president and his agencies can also make you wonder how the American experiment is panning out.

On Tuesday, U.S. District Judge Reggie Walton issued an order to hear oral arguments from lawyers representing the Internal Revenue Service and the conservative nonprofit True the Vote. True the Vote is one of the conservative groups claiming IRS improperly targeted its application for nonprofit status based on the group’s political and philosophical affiliation. True the Vote filed a motion for a preliminary injunction and expedited discovery on Monday, calling for an independent forensics examination of any IRS hard drives, servers, or other computer hardware involved in the government agency’s possible targeting of conservative nonprofits’ applications for tax-exempt status. It wants an outside computer expert to try to ascertain how and when any electronic evidence, such as former IRS Commissioner Lois Lerner’s emails, may have been lost. Also, it would be great if the government didn’t spoliate — I mean “recycle” — any more evidence….

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