* Save for an unintelligible joke made last month, it’s been seven years since Clarence Thomas has spoken during oral arguments, much less asked a question, but with no offense to his colleagues, he’d rather “allow the advocates to advocate.” [Washington Post]
* Sorry, members of the American public, but something like 95 percent of you are too stupid to understand what’s going on during Supreme Court hearings, so there’s no point in having cameras in the courtroom to film them. (Sotomayor, J.) [New York Times]
* “Having an empty bench means people don’t get their cases heard,” but it seems like Senate Republicans could not care less. Obama’s facelift for the federal judiciary is going to have to wait a little while longer. [San Francisco Chronicle]
* A lawgasm for prestige nerds: the Harvard Law Review received federal trademark protection, and with that, the number three law school in the country gained some bragging rights over Yale. [Daily Report (reg. req.)]
* Oh my God, you guys, law school applications are down, no one can find jobs, and recent graduates are in debt up to their eyeballs. This is totally new information that no one’s heard before. [Pittsburgh Post-Gazette]
* Turning to your parents for law school advice is perhaps the worst idea in the world — after all, they’re the cause of your “special little snowflake” syndrome in the first place. [Law Admissions Lowdown / U.S. News]
Merrick Garland, chief judge of the U.S. Court of Appeals for the D.C. Circuit since last week, is dreading March 1.
With heavy stress on “not,” Chief Judge Garland said he does “not look forward” to the potential sequester because he knows that it would mean cuts and that he would have to make them.
Garland, along with fellow D.C. Circuit Judge Thomas Griffith and Senior Judge Laurence Silberman, spoke Saturday at the Georgetown University Law Center, as part of the J. Reuben Clark Law Society’s annual conference. I attended the panel presentation.
One positive of the new job for Garland is that he can make more writing assignments. Like Justice Breyer, he was a longtime junior judge. Translation: He had to take what he was given to write.
“The public has seen [Garland’s] last opinion on energy law,” Griffith predicted.
Read more about the panel, including Silberman’s jabs at the recess appointments decision, Griffith’s magical (?) clerk gift, and Garland’s limited edition headgear for a court party, after the jump….
* What to do when your federal agency’s website has been hacked by Anonymous and you’re unable to post a major report online for public dissemination? Well, just ask a law professor to do it for you on his blog; that’s not embarrassing, not at all. [WSJ Law Blog]
* The many victims of the Deepwater Horizon disaster can now rejoice, because yesterday, Transocean pleaded guilty to violating the Clean Water Act, and will pay the second-largest environmental fine in United States history to the tune of $400 million. [CNN]
* Money takes flight: eleventy billion Biglaw firms are behind the beast that is this awful airline merger, but taking the lead are lawyers from Weil Gotshal for AMR and Latham & Watkins for US Airways. [Am Law Daily]
* After questioning the validity of one of the NBA players union’s contracts, Paul Weiss is withholding details about it thanks to the government’s intrusion. Way to block nepotism’s alleged slam dunk. [New York Times]
* “When is the last time you took the biggest financial institutions on Wall Street to trial?” Elizabeth Warren took the Socratic method to the Senate Banking Committee and she was applauded for it. [National Law Journal]
* If you liked it, then perhaps you should’ve put a ring on it, but not a Tiffany’s diamond engagement ring that you’ve purchased from Costco, because according to this trademark lawsuit, it may be a knockoff. [Bloomberg]
* “We feel very badly for Megan Thode.” A Pennsylvania judge ruled against the Lehigh student who sued over her grade of C+ because let’s be serious, did ANYONE AT ALL really think he wouldn’t do that?! [Morning Call]
Mary Jo White? More like Mary Jo Green. President Obama’s pick to lead the Securities and Exchange Commission is deliciously rich, as revealed in her financial disclosures.
Although she’s barely five feet tall, making her a little litigatrix, Mary Jo White wears big shoes. In the words of my colleague Elie Mystal, a former Debevoise & Plimpton associate, she’s “one of those alpha dog partners…. the kind of partner that makes other partners stammer, shuffle papers, and try to look really busy and intelligent when she’s in the room.”
The sizable net worth of Mary Jo White shouldn’t surprise anyone. Not only is she a longtime Debevoise partner, but her husband, John W. White, has been a partner at Cravath, Swaine & Moore for more than 25 years (interrupted from 2006 through 2008 by a stint at the SEC, actually, where he served as Director of the Division of Corporation Finance).
It’s been so long since Obama lost something I was beginning to forget what it looked like.
In a reminder that just because the Senate is a dysfunctional band of elderly people doesn’t mean you can put them in a home and wait for them to die, the U.S. Court of Appeals for the D.C. Circuit knocked down some of the president’s recess appointments.
In January 2012, Obama made some recess appointments to the National Labor Relations Board when the Senate wasn’t really in recess. The D.C. Circuit today says that he can’t do that.
Which might, you know, throw out a year’s worth of NLRB work. And it might be bad precedent for the big recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau…
It looks like a silly marginal tax increase on the personal incomes of the top 2 percent is the last thing the barons of Wall Street need to worry about. President Obama is sending a new sheriff into the regulatory fray.
Dealbook reports that Obama will nominate former U.S. Attorney Mary Jo White to head the Securities and Exchange Commission. Sending in White to the SEC is a little bit like calling the Wolf to drive home your blood-soaked vehicle. It’s a bold move for an agency that is often overwhelmed by the impressive lawyers marshaled on behalf of the financial industry in defense of their most complex transactions.
Unlike Elizabeth Warren (bless her heart), Mary Jo White is no academic, she’s a hard-nosed litigator. And she might be exactly what the SEC needs…
* Wait, are we really going to have to debate the legal merits of this platinum coin thing? Really? Can’t Congress just not hold the country hostage so we don’t have to start messing around with crazy coins and the Fourteenth Amendment? Like, you don’t have to start doing bats**t crazy Carrie Mathison things if you don’t let terrorists take Nicholas Brody in the first place. [The Volokh Conspiracy]
* There was another school shooting today. It just makes you wonder if the terrible reign ushered in by Grand Theft Auto will ever end. At least, in this case, the teacher was armed to the teeth WITH WORDS to TALK DOWN the shooter. [Huffington Post]
* “Illegal” trades don’t mean the same thing to bankers as they do to everybody else. Well, that’s not true. Maybe the disconnect is more with the word “consequences.” [Dealbreaker]
* Yeah, I’m going to go on and say that I’m not going to believe anything coming out of the Trayvon Martin police report. Just like I wasn’t considering anything coming out of racist ass Mark Fuhrman. [Tampa Bay Times]
* There’s a lot to lose if Section 5 of the Voting Rights Act gets struck down. [Slate]
* I suppose it’s good that lawyers don’t have “I’m going to do a half-assed job here” fees. [Underdog]
* “To do nothing in the face of pending disaster is to be complicit. It’s time to act. It’s time to vote.” What a convenient time to discover that the Department of Justice tabled new gun control proposals in favor of an upcoming election campaign. [New York Times]
* Rumor has it that the president will nominate Senator John Kerry to be secretary of state for his second term. Upon hearing the news, Hillary Clinton updated her Tumblr page before she caught a case of the vapors, fainted, and got herself all concussed. [CNN]
* “If you don’t know, then you have to plan for the worst.” Everyone’s pissed off about the possibility of being pushed off the fiscal cliff, but on the bright side, it’s creating a mountain of billables. [National Law Journal]
* Remember the judge who resigned after he accidentally showed a colleague a picture of the “judicial penis”? He was removed from office by a judicial ethics panel. How very effective. [Seattle Post-Intelligencer]
* And for the talent portion of the competition, Alicia Guastaferro, the pageant princess who was picked up for prostitution after getting caught with an attorney, will have her hooking charges dropped. [Huffington Post]
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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