* In a Supreme Court decision split across gender lines, prosecutors can now get a do-over on criminal charges without double jeopardy, even if an otherwise deadlocked jury unanimously rejected them. [New York Times]
* And yet another day ended without a verdict in the John Edwards campaign finance trial, but the jury asked to review every exhibit in the case. The former presidential candidate must feel like he’s being punk’d. [CNN]
* The DOJ found that two prosecutors in the Ted Stevens case committed reckless professional misconduct punishable by unpaid time off. Looks like they’ll be getting an extended Memorial Day break. [Blog of Legal Times]
* Hot on the heels of Obama’s announcement in support of gay marriage, yet another California judge has found that DOMA is unconstitutional (along with a provision of the tax code). [Poliglot / Metro Weekly]
* Occupy Wall Street is suing for $48K over the destruction of the group’s “People’s Library” after their eviction from Zuccotti Park. But let’s get real, who wants used books that reek like patchouli and pot? [Bloomberg]
* More than one million “de facto spouses” in Quebec may soon be automatically married by the state against their will. Imagine how much fun it’ll be to get a divorce from someone you never actually married. [Slate]
* Two waitresses who claim they were fired for complaining about their former employer’s “no fatties” policy will get to bring their $15M lawsuit before a jury. Hopefully Peter Griffin isn’t a juror. [Law & Daily Life / FindLaw]
If you’ve been representing someone in a knock-down, drag-out, decade-long divorce action, with no end in sight, it’s understandable that you’d be a little pissed off. And while some attorneys prefer to write “not so sincere” letters calling opposing counsel “a**holes,” others find more creative ways to channel their anger for the sake of poetic justice.
And while poetry may be the best way to make passive-aggressive complaints about your case, the next time you’re considering writing a four-page, 60-line email riffing on a classic holiday poem, you might want to consider your audience. Some people might not be fans of your rhyme scheme….
Remember Steven Simkin, the prominent Paul Weiss partner who sued his ex-wife for a better divorce deal? Simkin argued that even though he negotiated for and obtained the couple’s investment account with one Bernard Madoff as part of their 2006 separation agreement, his former wife should now pay him more money — since it was subsequently revealed, years later, that Madoff was running a huge Ponzi scheme.
As you may recall, I was not terribly sympathetic to Simkin. In my view, an expert negotiator like Simkin — the head of PW’s real estate practice, who was also represented by separate counsel in the divorce — should be required to live with the bargain he struck. In negotiating for and taking on the Madoff account, he also took on the risks associated with that investment.
An intermediate appeals court sided with Simkin. But now New York’s highest court, the Court of Appeals, has spoken….
If you took a professional responsibility course in law school, or even studied for the MPRE, then you’re familiar with the the main takeaway on legal ethics for attorneys. You know that you have to zealously represent your clients without doing anything illegal. (And if you do decide to take a walk on the wild side, you know that you should try not to get caught.)
It looks like an attorney from New Mexico — one who had already been disbarred for cocaine possession — missed the memo on that one. Apparently his definition of zealous representation includes kicking down doors and burglarizing homes.
Just when you think you’ve seen it all, we’ve got it on film….
* Well, this could definitely be one of the reasons why Cravath hasn’t given out any spring bonuses to associates yet this year. They probably had to spend all of their money to clean up their allegedly fly-infested cafeteria. [Am Law Daily]
* Women in Virginia will now be able to politely decline their pre-abortion transvaginal ultrasounds in favor of abdominal ones. Oh, how nice! Look at that, girls, we totally won the war on women. [CBS News]
* Things Dharun Ravi texted to Tyler Clementi on the night the latter committed suicide? “I’ve known you were gay and I have no problem with it.” Of course you knew, you watched his sexual encounters via webcam. [CNN]
The story of the tangled relationship between Casey Greenfield, a rising star in New York legal circles, and Jeffrey Toobin, arguably the nation’s leading legal journalist, has gone mainstream. Over the long weekend, the New York Times wrote an 1,800-word story on their affair.
Actually, to be fair, the story was mainly about Casey Greenfield and her law partner, Scott Labby, launching their boutique law firm, Greenfield Labby (which has a beautifully designed website, by the way). The firm specializes in what the Times describes as “high-stakes family law,” which includes not just divorce and custody litigation, but “[c]risis management, strategic planning and contract resolution.”
The story of Greenfield and Labby launching a new small law firm is both interesting and inspiring. But, at the same time, it’s one that we’ve seen — and written — before. You can read our earlier write-up of Greenfield Labby’s launch over here.
The most interesting parts of the NYT piece concern Casey Greenfield’s affair with the then-married (and still-married) Jeff Toobin, a long-running relationship that produced a baby boy. The writer, Times reporter Robin Finn, unearthed several juicy, previously unreported details….
* Whether the U.S. Constitution requires marriage equality can be debated as a matter of constitutional law. But as a policy matter, is this still an open question? Even Professor John Yoo, the bane of liberals’ existence, supports same-sex marriage as a policy matter. [Ricochet]
* I support marriage equality, but I do not support glitter bombing. It’s all fun and games until someone loses an eye (and files a lawsuit over it). [Althouse]
* If you adopt your 42-year-old girlfriend, does that turn your sexual relationship with her into incest? Professor Terry Turnipseed — yes, that’s his real name — is on the case. [Slate]
Valentine’s Day is right around the corner, and for some people, it represents a time to serenade a sweetheart, pop bottles of champagne, and stare dreamily into the eyes of Mr. or Ms. Right (or Right Now, as the case may be). For others, Valentine’s Day is a time of loneliness and despair — angry, bitter lawyers, we’re looking at you — where only the commiseration of other single friends can lift one’s spirits.
For others still, Valentine’s Day is a time to ponder how their spouse got so fat, and why they decided to marry such an obnoxious, sniveling idiot. For the last category of those who will be celebrating lamenting Valentine’s Day this year, we’ve got a possible salve for your marital woes.
As we mentioned in Morning Docket, those who hope to dodge Cupid’s arrows this year can enter a contest in the hopes of winning a free divorce. There’s just one catch….
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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