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Non-Sequiturs

Non Sequiturs: 11.18.18

* Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [Just Security] * WWRMD: What Would Robert Mueller Do, in the event that he's fired by Matt Whitaker? His options would be limited, according to Joel Cohen and Jennifer Rodgers. [The Hill] * As for who will become the next Senate-confirmed Attorney General, here are some possibilities -- including Glenn Reynolds's picks. [Instapundit] * Victoria Baranetsky, general counsel at the Center for Investigative Reporting, argues that the Jim Acosta case is about protecting press rights as well as due process. [Take Care] * Facebook friends aren't "real" friends -- at least according to this interesting new opinion from the Florida Supreme Court, highlighted by Eugene Volokh. [Reason / Volokh Conspiracy] * Managing partners don't get no respect at law firms -- and Bruce MacEwen thinks that's a problem. [Adam Smith Esq.] * Even though it has been out for just a few months, Westlaw Edge already has 1,500 subscribers -- and if you're thinking about getting it, tune in to this (sponsored) webinar to learn more. [Dewey B Strategic] * Yesterday I spoke at the Federalist Society National Lawyers Convention on a panel about technology, social media, and legal ethics, featuring Judge Don Willett (5th Cir.), Chief Judge Stephen Dillard (Ga. Ct. App.), Josh Blackman, and John Browning. Check it out!

By David Lat
Morning Docket

Morning Docket: 09.19.18

* Credit card companies ponying up more money to settle claims that they rogered retailers on swipe fees. They'll probably make that money back in 3 days so don't shed too many tears. [Law360] * Mark Judge brings on Cozen in the off chance Grassley develops a spine and demands Judge's testimony. Which he won't. [National Law Journal] * Former Cadwalader chair sues wife to block condo sale to bail out adult son. [NY Post] * The SEC is looking to futz with the Dodd-Frank whistleblower provisions, which should help us get back to that cozy world where financial interests can easily plunge the economy into turmoil again. [National Law Journal] * Facebook accused of gender bias in keeping job listings away from female users. [Corporate Counsel] * Right-wing attorney Jason Lee Van Dyke arrested on filing a false police report charge. [Daily Beast] * Supreme Court overrules John Roberts and pushes back against dark money shenanigans. Consider this a brief respite until Kavanaugh shows up. [Courthouse News Service]

By Joe Patrice
Morning Docket

Morning Docket: 07.30.18

* Vice President Mike Pence says he's "confident" that Judge Brett Kavanaugh will be confirmed to the Supreme Court "before the fall is out" -- and he's probably correct about that. [FOX Business] * In other news related to the high court, Justice Ruth Bader Ginsburg says she's got "at least five more years" on the Supreme Court before she'll think about stepping down. As always, RBG continues to remain NO-NO-NO-NOTORIOUS! [CNN] * According to one of President Trump's former lawyers, Rudy Giuliani has weakened the case against Michael Cohen by flip-flopping on the man's credibility, referring to him as an "an honest, honorable lawyer" and later as a "pathological liar." [CNN] * Just in case you forgot, not only did Michael Cohen go to the "worst law school in the country," but "[h]e's bitter Trump didn’t give him a job." [Page Six / New York Post] * Former Alabama Supreme Court Chief Justice Roy Moore has filed a "political conspiracy" lawsuit over his failed bid for the U.S. Senate seat that was left vacant by AG Jeff Sessions, claiming that false advertisements were behind his loss. [Newsweek] * Last week, Facebook lost more than $100 billion in value, the biggest single-day loss in stock market history. Shareholders have responded in the most obvious way possible, with a proposed class-action lawsuit. [New York Law Journal] * After its unexpected closure, Savannah Law School will soon find new life -- as an art school. The Savannah College of Art and Design purchased the law school building from Atlanta's John Marshall Law for a cool $27.5 million. [Savannah Morning News]

By Staci Zaretsky
Morning Docket

Morning Docket: 07.26.18

* ARTICLES OF IMPEACHMENT FILED! Against Rod Rosenstein. Alternative headline: In stunning turn, Rep. Jim Jordan demands accountability as long as it's not for years of systematic sexual abuse. [Huffington Post] * That Shook Hardy attorney who argued that a woman got pregnant in a diabolical nine-month scheme to delay trial? Yeah, he's been suspended. [Daily Business Review] * The Fifth Circuit's James Ho isn't so much a judge as a political hack in a robe. That Orin Kerr Tweet from April was just the canary in the mine. [NPR] * Facebook GC Colin Stretch will pursue his lifelong passion of becoming the moderator of the Facebook Alumni Facebook Group. [Corporate Counsel] * Trump's ethics expert will also be leaving the job that he's ostensibly been performing. [The Hill] * Shareholder class actions are on the upswing this year. Gather ye rosebuds while ye don't have Judge Kavanaugh declaring Rule 23 a First Amendment violation. [National Law Journal] * Roy Moore sues PAC over negative campaign ads. Discovery should be fun. [Courthouse News Service] * Larry Nassar wants a new sentencing hearing. See, this is what happens when judges grandstand and rip up letters to advance their political career -- they just give these guys an in to try and futz with the sentence. [ESPN]

By Joe Patrice
Morning Docket

Morning Docket: 05.17.18

* A whistleblower reports that SARS reports regarding Michael Cohen's transactions are missing from FINCEN. SARS don't just disappear without a trace... well, the disease did, but the reports shouldn't. [New Yorker] * After passing an abortion law accomplishing little more than exposing the state's taxpayers to litigation expense, Iowa is going to have to find someone else to defend it because Attorney General Tom Miller wants no part of it. [ABC] * The FTC's new consumer protection chief represented payday lenders, and really what's so bad about a 110 percent interest rate anyway? [The Hill] * Wolf of Wall Street needs to up his payments to victims. [Law360] * Facebook is getting into the blockchain game meaning soon your vacation photos will overtake Bitcoin as the most inherently worthless thing backed by blockchain. [Legaltech News] * An interview with a federal magistrate judge finally answers the question: what's the penalty for Yogi Bear stealing a picnic basket? [Coverage Opinions] * The Senate, against all odds, voted to save net neutrality yesterday. [Courthouse News Service]

By Joe Patrice
Morning Docket

Morning Docket: 05.10.18

* McDermott Will & Emery has a new plan to protect Michael Cohen: get Michael Avenatti's pro hac motion denied. That seems... weak. [National Law Journal] * Another list of possible successors to Eric Schneiderman. Still no one talking about Eliot Spitzer... that guy has experience! [Law360] * David Lat argues that the end of blue slips is a good thing for the judiciary over the long-term. He's totally right, and regardless of the naked cynicism involved, it's refreshing that Senate Republicans have decided to ditch their states' rights principles over this. [New York Times] * Interesting election-related legal issue: can Facebook ban international advertisers from buying ad space related to the upcoming midterms? The answer seems to be yes. [Corporate Counsel] * Have lawyers finally embraced the cloud? [Legaltech News] * Managing clerk isn't known as a particularly lucrative position. But a former Simpson Thacher clerk figured out how to make ends meet. Unfortunately, he's going to have to go to jail for it. [American Lawyer] * Lawyers for white guy accused of murdering a black student argue that his Facebook posts are too offensive to be shown to the jury. They say stuff about him hating black people and, really, what's the probative value of that in a case where the defendant had no apparent motive other than racial animus? [Daily Beast]

By Joe Patrice
Morning Docket

Morning Docket: 04.19.18

* The proposed cap on federal student loans for graduate students will make life a lot rougher for law students who will have to resort to the more expensive private market for tuition bucks. On the other hand, it could devastate the bottom-tier schools who rely on the government gravy train to bilk students into buying a degree they can't use. So it's not all bad news. [Law.com] * When it comes to appointing a Special Master, the government and Michael Cohen have wildly different preferences. The government would like a retired Magistrate, someone well-versed in making tough calls in discovery disputes. Cohen's camp would prefer a former prosecutor, which you should read as "someone who currently represents criminals and has a vested interest in defining privilege broadly." Trump's lawyers haven't submitted a list of preferred candidates but we can go ahead and pencil in Jeanine Pirro, Andrew Napolitano, and Judge Judy. [New York Law Journal] * While we're talking about Cohen, he just dropped his libel suits against Buzzfeed and Fusion GPS over the Steele dossier. So there's definitely a pee tape. [Politico] * Oh, and documents suggest he owes $110K in taxes. [Law360] * Meanwhile, New York Attorney General Eric Schneiderman has asked state lawmakers to eliminate a state law that prevents state prosecutions of individuals who have already reached the plea or a jury is sworn in a federal case. Or, more to the point, when someone in that situation is pardoned. [NY Times] * There are hints that the jury may acquit Tex McIver of the most serious charges related to his wife's shooting death. As a reminder, McIver shot her in the back while she rode in the front seat of their car when his gun, which he says he had loaded and ready because he was worried about Black Lives Matter, went off when the car hit a speedbump. [Daily Report Online] * If you notice some new changes to your Facebook privacy protections, you might think that's a response to Zuck's recent congressional testimony. But actually, it's just Facebook playing shell company roulette to make sure you're not covered by GDPR. [Reuters] * The organizer of the Charlottesville "Very Fine People On Both Sides" rally popped into the UVA Law library yesterday. Vigilant students kept an eye on him. [Cavalier Daily] * We'd also be remiss if we didn't express our sadness over the loss of Judge Harry T. Stone. Harry Anderson's portrayal of the free-wheeling but fair judge contributed to making Night Court one of the greatest, and most honest, courtroom television shows of all time. [CNN]

By Joe Patrice
Morning Docket

Morning Docket: 03.29.18

* John Dowd says the Trump legal team had a "terrific" relationship with Robert Mueller's office. Yeah... that's probably why you've been forced off the Trump legal team. [National Law Journal] * Becoming beloved by GCs isn't difficult. Just give them 100 percent of your time for 50 percent of the cost. And if you can't handle that, here are some other tips. [Law360] * Mayer Brown boasts mother and son partner duo. [American Lawyer] * BDO has a new report entitled Inside E-Discovery & Beyond: Reimagining Digital Risk. I think the problem is too many lawyers haven't begun imagining digital risk, let alone reimagining it. [BDO] * Facebook would really, really like you to know that you have privacy settings available to you. [The Recorder] * Senior DOJ attorney bolting for LGBT rights organization. That's a lateral move I didn't expect. [The Hill]

By Joe Patrice