Federal Government

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?

double red triangle arrows Continue reading “When The Confirmation Of The Next Attorney General Gets Political, Thank Eric Holder”

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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Ed note: This post originally appeared on Internet on Trial.

In this age social media justice, sooner or later you’re going to have an encounter with a negative online review, whether your a business owner, or simply a consumer. It seems like it’s becoming an accepted aspect of our lives. Increasingly, however, consumer reviews posted on various Internet sites are becoming the subject of litigation.

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We are very service-oriented here at Above the Law. Given the depressing realities of the legal job market, one service we provide is alerting our readers to job opportunities.

We recently reminded our readers about the deadlines for various federal-government honors programs (including but not limited to the DOJ Honors Program). In case you missed those deadlines, though, here’s another option for entering government service….

double red triangle arrows Continue reading “More Job Opportunities For Graduating Law Students”

One often hears lawyers, especially at large firms, say something like “if I were a client, I couldn’t afford to hire me.”

The reason is obvious; billable hour rates are high and quality legal work, especially in a tricky area, takes time. Legal fees for middle-class or even upper-middle-class people can easily outpace a client’s ability to pay.

This is a problem in a lot of areas of law, from divorce to employment to routine consumer litigation. In some cases, fee shifting or contingency fees can help make hiring a lawyer more affordable. Still, even for lawyers who aren’t in big firms, clients are often unable to afford the lawyer they need.

Federal employees caught up in Congressional or inspector general investigations are another sad example; they can be hit with massive fees for something they have no control over.

The political climate in Washington is hard on federal employees. Darryl Issa’s Committee on Government Reform and Oversight in the House has been bringing down a reign of terror on executive branch agencies — and the employees who work at them — for years now.

For example, think about Lois Lerner….

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When it comes to the debate over the wisdom of going to law school, I fall somewhere in between. I’m not as optimistic as Jordan Weissmann of Slate, but I’m not as pessimistic as Elie Mystal and Joe Patrice, two of my colleagues here at Above the Law.

Back in June, when I reviewed employment data for the law school class of 2013, I sounded some cautiously optimistic notes. I wondered whether a stable job market and shrinking law school classes could produce better employment outcomes for many law grads.

Could the jobs picture be even brighter than “stable”? Check out what looks like a big expansion of the U.S. Department of Justice’s prestigious Attorney General’s Honors Program, along with other opportunities to work as a lawyer for the federal government….

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Mindy Kaling and Preet Bharara at the Harvard Law School commencement.

The legal world doesn’t have too many “crossover celebrities,” figures who are big enough to be known outside our little corner of the world. We can all think of a few — Alan Dershowitz, Judge Judy, Supreme Court justices (arguably) — and not all of them are awesome (cough cough, Nancy Grace).

One of the youngest crossover celebrities is Preet Bharara, U.S. Attorney for the Southern District of New York. He’s been on the cover of Time magazine. He’s attended the Vanity Fair Oscars party.

Bharara is best known for his crackdown on Wall Street abuses and insider trading, but he’s a fun person underneath the prosecutor’s dark suit. Yesterday the New York Times ran an interesting profile of Bharara. Here are some highlights….

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Ed note: This post originally appeared on Ad Law Access.

That the FTC has announced another weight loss settlement is no news at all. The FTC averages about six new weight loss orders per year. The new settlement, nevertheless, is notable as a reminder of the following points.

The FTC has the power to impose bans. The Order against the marketers of Double Shot diet pills “permanently restrain[s] and enjoin[s]” them from advertising or selling “any weight-loss product.” The FTC does not frequently impose bans in weight loss cases, but bans have been used before in similar instances where extreme Gut Check claims (discussed below) have been made.

double red triangle arrows Continue reading “The FTC Has Announced a Weight Loss Settlement … But Wait, Keep Reading”

Ed note: This post originally appeared on InfoLawGroup.

Last week, the FTC released a study it conducted in connection with price-comparison apps, deal apps and apps that allow people to pay for purchases using their mobile device while shopping in brick-and-mortar stores. The newly released study is the latest commentary from the FTC in a long line of workshops and reports that started in 2012 on the issue of mobile apps, mobile payment mechanisms and related matters, such as mobile cramming and mobile security. Here are the key takeaways from the latest study:

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Ed note: This post originally appeared on Peter S. Vogel’s Internet, Information Technology & e-Discovery Blog.

As part of a drug trafficking investigation the US government persuaded a Court to issue a warrant that “purports to authorize the Government to search any and all of Microsoft’s facilities worldwide” according to Microsoft’s opposition brief filed on June 6, 2014 in the US District Court for the Southern District of New York. Microsoft also argued:

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