Federal Communications Commission
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Morning Docket
Morning Docket: 10.09.17
Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule. We’ll be back in full force tomorrow.
* Justice Neil Gorsuch’s arrival as a member of the Supreme Court hasn’t been the most graceful, and word on the street is that some of his new colleagues on the bench may bear some ill will towards him. A rift might even be developing between Gorsuch and Chief Justice Roberts. [CNN]
* Because Gorsuch is the Supreme Court’s newest justice, he has to share his office with Leroy. He’s being hazed by Scalia from beyond the grave. [Associated Press]
* As part of its new legal strategy in special counsel Robert Mueller’s Russian election interference investigation, the Trump administration has decided to — gasp! — be cooperative. Trump’s lawyers think that maybe if they play nice, Mueller will publicly clear the president’s name a little more quickly, or at all. [New York Times]
* In other news, President Trump took to Twitter this weekend to invoke the Federal Communications Commission’s equal time rules because he’s sick and tired of “unfunny” late-night TV hosts making fun of him without an opportunity to respond in kind. Perhaps you ought to stick with Twitter, Mr. President. [Fox News]
* Much like what happened with Traci Ribeiro’s case against Sedgwick, Winston & Strawn is trying to push Constance Ramos, a partner who left the firm amid allegations of gender bias and discrimination, into arbitration. [Am Law Daily]
* Lisa Bloom has been criticized left and right for taking on Harvey Weinstein as a client. Even her own mother, Gloria Allred, objected. Because mother knows best, Bloom resigned as counsel. Lanny Davis has also left the producer’s legal team. Down two lawyers, Weinstein was fired from his own company. [New York Times]
* A Michigan judge recently awarded joint legal custody and parenting time to a rape victim’s attacker. The child involved in this case is an 8-year-old boy, and the fellow who sexually assaulted his mother also happens to be a convicted sex offender. According to the victim’s attorney, “[t]his is insane”; she’s not wrong. [Detroit News]
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Morning Docket
Morning Docket: 04.27.17
* Guess who gets to take advantage of President Donald Trump’s new tax plan? Lawyers and their law firms — which are largely organized as pass-through entities — will likely benefit greatly, as they’ll be able to reduce their tax rate from 39.6 percent to 15 percent. [ABA Journal]
* The Charlotte School of Law may be on the brink of collapse, but the school is heading to court to try to shake off three of the four federal class-action lawsuits that were filed by current students and recent graduates with motions to dismiss. We’ll have more on this later today. [Law.com]
* The Trump administration didn’t seem to fare very well during oral arguments in an immigration case yesterday. Chief Justice John Roberts certainly wasn’t impressed, and Justice Anthony Kennedy seemed even less so, dropping this benchslap: “It seems to me that your argument is demeaning the priceless value of citizenship.” [Reuters]
* Federal Communications Commission Chairman Ajit Pai will propose a rollback of the Obama-era net-neutrality rule that regulated broadband internet providers as common carriers. Critics aren’t pleased: “It makes no sense. We cannot keep the promise of net neutrality openness and freedom without the rules that ensure it.” [Big Law Business]
* Four third-year students at Harvard Law have demanded that the administration provide clarification as to how it assesses applicants who have been accused or convicted of sexual assault. “We put forth a call for transparency and affirmative efforts demonstrating the school takes sexual assault seriously.” [Harvard Crimson]
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Morning Docket
Morning Docket: 04.10.17
* According to reports, Donald Trump is “obsessed” with his next possible Supreme Court nomination, and it seems like the president is trying to use their sons’ friendship to remain in Justice Kennedy’s good graces — after all, he’s banking on the high court’s swing justice to retire. [POLITICO]
* The new year has not been kind as far as employment in the legal profession is concerned. Per the Bureau of Labor Statistics, the legal sector took a beating in March, losing about 1,500 jobs. This is the third month in a row that the legal sector has lost jobs. Ouch. [Am Law Daily]
* Ajit Pai, the chairman of the Federal Communications Commission, is planning to repeal Obama-era landmark net neutrality rules in the hope of internet providers volunteering to maintain an open internet, and then binding them to compliance through their terms of service. Let’s see how well this works out… [Reuters]
* Remember Shon Hopwood, the bank robber who won a SCOTUS case as a jailhouse lawyer, went to law school, and clerked for the D.C. Circuit? He’s got a new job as a Georgetown Law prof. Talk about a remarkable career path. Congrats! [Seattle Times]
* “SCOTUS judge, feminist icon, Bubby. Notorious.” Believe it or not, Justice Ruth Bader Ginsburg won a March Madness bracket. Click the link to see what we mean. [Jewcy]
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Privacy, Technology
Secure Client Communication In The Trump Era
What can you do to protect yourself from invasive ISPs? -
Morning Docket
Morning Docket: 03.31.17
* General Michael Flynn, the former national security adviser to President Trump, has offered to testify before Congress on the campaign’s alleged Russian connections in exchange for immunity from prosecution. Remember back in September when Flynn said on Meet the Press that “when you are given immunity that means you’ve probably committed a crime”? This is absolutely wild. [Wall Street Journal; NBC News]
* The chairman of Bethune-Cookman’s criminal justice department defends the HBCU’s affiliation with Arizona Summit Law, even though it’s on probation, saying that because $12.5 million in scholarship money is at stake, “it would be irresponsible not to provide this opportunity as an option for B-CU students to obtain a legal education without incurring excessive student loan debt in the process.” [DealBook / New York Times]
* It looks like President Trump is planning to sign off on a repeal of Obama-era internet privacy rules that were promulgated by the FCC in October. As noted by Senator Chuck Schumer, this is “[t]errible for American [people], great for big [business].” Next on the agenda seems to be the decimation of net neutrality, so you might want to prepare yourselves to pay more for an internet connection that’s quicker than a snail. [Reuters]
* More than half of the 6,000 former students of Trump University have submitted claims to be part of its $25 million fraud class-action settlement. They’ll recoup 80 cents for every dollar they spent on President Trump’s real estate seminars. Judge Gonzalo Curiel, who Trump once accused of being biased due to his “Mexican heritage,” will likely approve the settlement over the objections of two former students. [Big Law Business]
* Guess which law school created a class based on Baltimore crime drama “The Wire”? It’s U. Pitt., which has a three-credit course called “Crime, Law and Society in ‘The Wire.'” This seems like it’s one of those “Law and [Insert Noun Here]” classes, where 3Ls are hoping to get another A to add to their GPAs before they graduate. This would’ve been more relevant if a Maryland law school had offered the class. [Huffington Post]
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Morning Docket
Morning Docket: 03.24.17
* Are you ready to be tracked online, everyone? Senate Republicans voted yesterday to overturn internet privacy protections for individuals that were created by the Federal Communications Commission in October. “These were the strongest online privacy rules to date, and this vote is a huge step backwards in consumer protection writ large.” [DealBook / New York Times]
* Being forced to resign from your position isn’t so bad when you can land a sweet gig as a law professor. Barbara McQuade and Preet Bharara aren’t the only U.S. Attorneys who found new homes at law schools in the wake of their recent ouster by Attorney General Jeff Sessions. Paul Fishman, the former U.S. Attorney for the District of New Jersey, is now a visiting fellow at Seton Hall University School of Law. Congrats! [Law.com]
* Mary Yelenick, the third Chadbourne & Parke partner to join the $100 million gender bias class-action suit filed against the firm, claims she was pressured to disavow the allegations in a letter signed by fourteen of the firm’s then-sixteen female partners. “At least two of the partners who signed the letter subsequently expressed to me that they hesitated, but felt great pressure to sign the letter,” she says. [Big Law Business]
* Gawker may be approaching a “potential settlement” with Peter Thiel relative to the tech billionaire’s vendetta against the website. The feud led to Thiel’s funding of several lawsuits against Gawker, including the one filed by wrestler Hulk Hogan which eventually bankrupted the site. Any deal between the parties would likely protect Gawker founder Nick Denton from any future Thiel-funded lawsuits. [New York Post]
* Illinois may be getting ready to puff, puff, pass some legislation that will legalize recreational marijuana. Senate Bill 316 and House Bill 2353 will allow adults to possess up to 28 grams of marijuana and regulate its sale, tax, cultivation, and use. The state already allows patients with certain ailments to use medical marijuana and decriminalized possession of up to 10 grams of marijuana last year. [Newsweek]
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Morning Docket
Morning Docket: 12.07.15
* “People who have a dream of going to law school should go into it with their eyes wide open.” In case you haven’t heard, not all of the law school lawsuits were dismissed; in fact, one of them filed against Thomas Jefferson School of Law is going to trial in March. [ABC News]
* Dewey know which D&L defendant will likely be able to escape a retrial? It seems that Steven Davis, the failed firm’s former chairman, may find himself on the receiving end of a deferred prosecution agreement instead. [DealBook / New York Times]
* At this point, it’s anyone’s best guess as to what the future of net neutrality may be: The FCC’s latest proposal for equal treatment of internet traffic apparently left a bad taste in the D.C. Circuit’s mouth during oral arguments at a recent hearing. [WSJ Law Blog]
* Baker & McKenzie used to be the largest law firm in the world before Dentons arrived on the scene, but now it’s got its eyes on expansion in a territory that the Biglaw behemoth hasn’t completely claimed: the United States. [Crain’s Chicago Business]
* Give thanks, because according to the latest data from the Bureau of Labor Statistics, the legal sector added 600 jobs last month. If you’ve got a job on your Christmas wish list, Santa just might deliver one to you this year. [Big Law Business / Bloomberg BNA]
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Technology
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Antitrust, Benchslaps, Brett Kavanaugh, D.C. Circuit, Department of Justice, Laurence Silberman
A Benchslap Postscript: Mo' Words, Mo' Problems
These poor lawyers before the D.C. Circuit just can't catch a break. -
Antitrust, Benchslaps, Brett Kavanaugh, D.C. Circuit, Department of Justice, Laurence Silberman
Benchslap Of The Day: LMAO At D.C. Cir.
This is funny. You should read it. -
Antonin Scalia, Barack Obama, D.C. Circuit, FCC, Food, Jury Duty, Morning Docket, Movies, Murder, SCOTUS, Supreme Court, Trials
Morning Docket: 02.20.14
* Justice Scalia apparently has an ulterior motive for his hatred of deep-dish pizza: “He’s just trying to undermine Barack Obama because he’s a Chicago guy.” God, can’t the guy just like New York style pizza better? Come on. [WSJ Law Blog (sub. req.)]
* Now that the Federal Communication Commission’s net neutrality rules have been smacked down by the D.C. Circuit, the agency is going to start from scratch and come up with some new ones. Yeah, good luck with that. [National Law Journal]
* “Roll your window up, ignore the taunting, put your car in reverse, move a parking spot over.” These are some of the ways you can avoid killing black teenagers over loud music, says a Michael Dunn juror. [CNN]
* The toupee gave it away: A lawyer who used to work as an i-banker at Stratton Oakmont is suing for defamation over a character he claims was modeled after him in the “Wolf of Wall Street.” [ABC News]
* The lawsuit filed against Nick Saban’s daughter by her sorority sister was tossed under Alabama’s “stand your ground” rule over her objections that she was kind of like a defenseless receiver. [Associated Press]
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Celebrities, FCC, Music, Nude Dancing, Rudeness, Sex, Television
'God Help This Nation': The FCC's Best Miley Cyrus Complaints
Here are five of the best complaints made to an agency that has no legal authority over Miley Cyrus and her twerktastic performances. -
6th Circuit, Biglaw, Celebrities, D.C. Circuit, FCC, Federal Judges, Food, john quinn, Labor / Employment, Law Schools, Money, Morning Docket, Nude Dancing, Technology, Trials
Morning Docket: 09.11.13
* Earlier this week, Verizon faced off against the Federal Communications Commission in a net neutrality battle royal before the D.C. Circuit. Next time, make FiOS work before trying to get a do-over on the way the internet runs. [New York Times]
* “I see my job as an air traffic controller. And I see an unending line of airplanes.” Federal judges are buckling under the heavy weight of their caseloads, and from the sound of it, they’re not at all happy about the situation. [National Law Journal (sub. req.)]
* Which Biglaw firms strike the most fear into the hearts of their opponents when it comes to litigation? One firm got the boot from last year’s list, and we’ll have more on this later today. [Law360 (sub. req.)]
* Duane Morris is the first U.S. firm to open an office in Myanmar on some prime real estate. Be jealous of their associates as they bask in the splendor of its beautiful architecture. [Philadelphia Business Journal]
* A trio of Quinn Emanuel partners, including John Quinn himself, teamed up to open a high-class sushi joint in L.A. If he waits tables, he’ll definitely need someone to break a hundred. [Am Law Daily (sub. req.)]
* The Sixth Circuit affirmed the dismissal of a former student’s suit against Thomas M. Cooley Law School, and now he’ll have to live with shame for all eternity after being branded a cheater. [Law360 (sub. req.)]
* Strippers aren’t independent contractors, they’re employees entitled to minimum wage, says a judge. Taking off their clothes for only $7.25 an hour will do wonders for their self-esteem. [New York Daily News]
* Lady Gaga is being taken to trial over the wage-and-hour lawsuit filed by her former personal assistant. We wonder if the pop star will be as foul-mouthed on the stand as she was in her deposition. [ABC News]
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Ask the Experts, Biglaw, Books, FCC, Movies, Partner Issues
ATL Interrogatories: 10 Questions with Richard Wiley of Wiley Rein LLP
Richard Wiley of Wiley Rein LLP shares his insights into the legal profession. -
10th Circuit, Cars, Dewey & LeBoeuf, Election 2012, Election Law, Elena Kagan, FCC, LLMs, Magic Circle, Mergers and Acquisitions, Morning Docket, Politics, Religion, SCOTUS, Student Loans, Supreme Court
Morning Docket: 01.11.12
* “It seems no one can use dirty words, except Steven Spielberg.” Well, sh*t, I’ll be damned. Is Elena Kagan going to be the voice of reason in the Supreme Court’s FCC profanity case? [Los Angeles Times] * Ken Cuccinelli filed an emergency motion to get Virginia’s primary ballots printed. You can’t wait three days […]
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Biglaw, Divorce Train Wrecks, FCC, Holidays and Seasons, Immigration, LSAT, Mergers and Acquisitions, Minority Issues, Morning Docket, Reality TV, United Kingdom / Great Britain, Violence
Morning Docket: 11.28.11
* With AT&T’s T-Mobile deal falling apart, in-house lawyer Wayne Watts could be heard singing, “it’s my merger and I’ll cry if I want to,” before more whining to the FCC. [DealBook / New York Times] * Build us a border fence, and then get the f**k over it. Arizona lawmakers are soliciting the public […]
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Cyberlaw, FCC, Technology
Just Like Us, Europe Isn't Sure How to Handle Net Neutrality
Isn’t it annoying when the YouTube video you’re watching just stops loading right in the middle? Or when your Skype connection suddenly starts sucking in the middle of a video conversation? Well, it turns out that in Europe, sometimes stuff like that doesn’t happen accidentally. Internet Service Providers intentionally “throttle” certain kinds of web traffic. […]