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  • Morning Docket: 11.09.16
    Morning Docket

    Morning Docket: 11.09.16

    * Following a concession call from Hillary Clinton last night, and in a “stunning repudiation of the establishment,” Donald Trump was elected as the 45th president of the United States. Congratulations to President-elect Trump. How do you like them apples? This historic election wasn’t “rigged” after all! [New York Times]

    * Marijuana also won big in the polls last night. Voters in California, Massachusetts, Nevada, and Maine approved recreational marijuana initiatives, with Arkansas, North Dakota, and Florida approving medical marijuana initiatives, but “[t]here are various ways in which a hostile White House could trip things up.” We’ll have more information on this news later today. [Washington Post]

    * As we saw in the ATL electoral law school poll, many practicing lawyers voted for Hillary Clinton, but alas, it was all for naught. For example, Lisa Blatt, head of Arnold & Porter’s appellate and Supreme Court practice, had this to say when asked who she voted for in the election: “Duh! Clinton; early voting; and seriously?” [Big Law Business]

    * Despite UCLA Law Professor Richard Sander’s pleas to use the data to support his opposition to affirmative action, the California State Bar need not disclose the race or ethnicity of those who took the bar exam since 1972 because it would amount to an invasion of privacy for those promised confidentiality. [San Francisco Chronicle]

    * Per an ALM survey, revenue per partner slipped in 2015 to an average of $468,511, down from an average of $491,729 in 2014. This 4.7 percent decline is the largest ALM has seen since it first started tracking the metric. Why is this happening? “Demand is soft. Quite a few firms still have more lawyers than work for them.” [Am Law Daily]

    * This must be an interesting situation for the clothing company’s GC-cum-CEO: After deciding to ignore its own reorganization plan and announcing that it would be winding down its U.K. operations, American Apparel is desperately attempting to stave off another bankruptcy filing and has now resumed talks with potential buyers. [Reuters]

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  • Morning Docket: 11.01.16
    Morning Docket

    Morning Docket: 11.01.16

    * Is there a constitutional right to smoke weed? This defendant says he was prescribed medical marijuana to help him kick an opioid addiction, and his bail conditions must be revised to allow him to keep smoking it, lest his Sixth Amendment right to participate fully in his own defense be impaired. How high were the Katten Muchin lawyers who thought up this creative defense? [Reuters]

    * Baker Donelson plans to merge with Ober Kaler to create one of the largest Biglaw firms in the country. Effective January 1, the firm will have more than 800 attorneys, and one of the largest health law practices in America. The $400+ million in revenue expected to be brought in by the merger isn’t too shabby, either. [Big Law Business]

    * “[N]o one is dragging their feet here. The Justice Department is committed to working with the FBI to move the case forward.” AG Loretta Lynch and Deputy AG Sally Yates are trying to get FBI Director James Comey to wrap up his renewed interest in the Hillary Clinton email probe as quickly as possible before the election next week. [Politico]

    * “You haven’t been able to do it with trademark law. You haven’t been able to do it with patent designs. We are now going to use copyright law to kill the knockoff industry. I don’t know that that’s bad. I’m just saying.” Differing opinions about the fashion industry emerged during oral arguments in the Star Athletica case. [New York Times]

    * “We are all feeling a little less confident. … [T]here is an incredible amount of uncertainty that comes with this.” Some U.S. firms with offices in London and Europe are contemplating what Brexit’s effects will be on their business — or if Brexit will have any effect on their business at all. At this point, no one knows. [Philadelphia Inquirer]

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  • Morning Docket: 10.13.16
    Morning Docket

    Morning Docket: 10.13.16

    * According to a new survey published by legal search firm Major Lindsey & Africa, on average, female Biglaw partners make 44 percent less than male Biglaw partners, and the pay disparity is largely due to who receives origination credit for business. We’ll have more on this study later today. [DealBook / New York Times]

    * Uh-oh! This Australian law firm may be going even further down under… Following a restructuring and several rounds of layoffs, Slater & Gordon, the world’s first publicly traded law firm, has found itself on the receiving end of a class-action securities case on behalf of its shareholders over its continually tumbling share prices. [WSJ Law Blog]

    * “Today’s ruling marks an end to Mr. Paxton’s almost year-long attempt to avoid being judged by a jury of his peers.” Even though a federal judge tossed out similar charges last week, Texas Attorney General Ken Paxton will face trial on state securities fraud charges. Paxton’s lawyers plan to appeal the ruling to a state appellate court. [Big Law Business]

    * The last time your jeans were cool was when they were a lyric in “My Humps”: After falling out of fashion, True Religion has hired Kirkland & Ellis to explore some debt restructuring options. With about $500 million in debt to deal with, the company may have to file for bankruptcy or hope for kind negotiations with its lenders. [Reuters]

    * “What is he thinking? Already his conduct is going to make him a pariah in many law school contexts — and this just fuels the flames.” Former Berkeley Law Dean Sujit Choudhry’s next court hearing for his racial discrimination case is on November 3. What is the law school’s latest argument against his claims? [San Francisco Chronicle]

    * Jack Greenberg, former leader of NAACP Legal Defense Fund, RIP. [New York Times]

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