* Barack Obama is trailing George W. Bush when it comes to leaving his mark on the federal courts, but that’s probably because Senate Democrats didn’t go nuclear quickly enough. [Blog of Legal Times]
* When it comes to 2013, one thing’s for sure: it wasn’t boring. Many of this year’s movers and shakers hailed from top Am Law 100 law firms — like Ted Cruz (formerly of Morgan Lewis). [American Lawyer]
* John Ray III isn’t going to sit back and allow a jury to shut down his discrimination and retaliation case against Ropes & Gray. He filed a notice of appeal last week, and he’s pissed off. [National Law Journal]
* Utah has until the end of January to figure out how it’s going to go about defending its same-sex marriage ban before the Tenth Circuit. Just a thought: the “it’s still gay, even if the balls don’t touch” theory of law isn’t going to cut it. [Deseret News]
* A lawyer for the Texas judge accused of strangling his girlfriend is offering media outlets a superb defense story on behalf of his client. He wasn’t trying to kill her, he was trying to save her! [New York Daily News]
* Exciting news: Justice Sonia Sotomayor will be leading the countdown on the New Year’s Eve ball drop in Times Square. She’ll be the first SCOTUS justice to perform the task. You go girl! [New York Times]
* Blank Rome and Nixon Peabody are reportedly in merger talks, but one firm’s managing partner says he “talk[s] to firms all the time,” it’s no big deal. No word on what guys from his high school do. [Reuters]
* Sorry, Quinn Emanuel, but this limited discovery thing is going to happen. Judge Ronnie Abrams recently slapped down the firm’s attempt to appeal her MTD denial in this contract attorney’s suit. [Am Law Daily]
* A state court judge from Texas stands accused of strangling his girlfriend over the balcony of his apartment and threatening to “f**king kill [her].” Romance in Texas has certainly got some of that je ne sais quoi. [Dallas Morning News]
* A legal soap opera? An ex-prosecutor whose relationship with a judge landed her lover in hot water was found dead in her home hours after a judicial misconduct ruling came down. R.I.P. [Reno Gazette-Journal]
* Take a look back at the legal profession’s year that was: from the highest of highs in gay marriages to the lowest of lows in law school enrollment, 2013 was a year for the record books. [National Law Journal]
* Judge William Pauley ruled that the NSA’s warrantless spying program is legal, noting that — if it had existed — the government could have predicted the 9/11 attacks. Good point, because intelligence agencies were in no position to figure out that there was an attack brewing without a Big Brother initiative. Oh… wait. [Huffington Post]
* On a related note, a cartoon from 1994 that predicted the NSA’s controversial programs. It’s really kind of scary…. [Slate]
* Britain’s clowns are furious that people are dressing up as clowns and trying to scare people. For their sake, let’s make sure they never hear about Pennywise. [Lowering the Bar]
* The Wolf of Wall Street is about a criminal ripping off poor people. Bankers cheered at a recent showing. There is a lesson to be had there about what bankers would do if given an opportunity. [Business Insider]
* “Knockout,” a game where young boys cold-cock unsuspecting victims, is a serious issue. Nah, just kidding, it’s a crypto-racist overreaction. But at least one kid was stupid enough to try it and then tell a cop about it. Seriously. [Gawker]
* People have “greatly underestimated how powerful a jurist Justice Sotomayor would be,” and now that one of her concurrences flies directly in the face of Obama’s NSA tactics, we’ll get to see how powerful she really is. [MSNBC]
* Here’s a fun end-of-the-year roundup: President Obama’s Top 10 Constitutional Violations of 2013. Fifty internet points shall be awarded to the first person who correctly guesses how many are related to Obamacare without looking. [Forbes]
* Following Judge Shira Scheindlin’s stop-and-frisk spanking, the Southern District of New York changed its rules on case assignments in order to increase transparency. Related-case judge-shopping just got a whole lot harder. [New York Times]
* Wiley Rein is defending its fee request in the Voting Rights Act case, and says the Department of Justice is “[tying] itself in knots” trying to find a way to get out of paying the piper. Harsh. [Blog of Legal Times]
* “I am not trying to bring down the NSA, I am working to improve the NSA.” Now that he’s unleashed all of America’s deep dark secrets, Edward Snowden just wants to Google like a regular guy. [Washington Post]
* Judge Richard Leon’s decision in the NSA surveillance case is ripe for review by the D.C. Circuit, and given the court’s new make-up, we could see a very interesting result. Oh, to be an NSA agent listening in on those calls. [National Law Journal]
* With seven business days left until 2014, law firms all around the country are still desperately trying to get paid. Lawyers are working hard for the money — 83.5 cents to the dollar — so you better treat them right. [Wall Street Journal (sub. req.)]
* Who you gonna call? Your local bankruptcy attorney. Alston & Bird, currently housed in Heller’s old digs in Silicon Valley, will head to a new office whose former occupants include Dewey, and Howrey, and Brobeck, oh my! [Am Law Daily]
* Four were arrested in the tragic murder of attorney Dustin Friedland, and each is being held on $2 million bond. One of the alleged assailants has a history of putting guns to other people’s heads. [NJ Star-Ledger]
* “I think it would be wise for the NCAA to settle this now.” Thanks to the Ed O’Bannon lawsuit, the world of college sports will be forever changed, so all those video games you’ve got are now antiques. [CNBC]
* Tom Cruise settled his defamation lawsuit against a tabloid publisher over claims that he’d abandoned his daughter during the pendency of his divorce proceedings. Xenu is pleased by this announcement. [CNN]
Don’t say we never bring you happy news here at Above the Law. Yesterday, for example, we extended congratulations to the 2014 Skadden Fellows, 28 graduating law students and judicial clerks who just landed prestigious public interest fellowships.
Today we are pleased to present to you the 2014 Bristow Fellows. As we’re previously explained, the holders of these one-year fellowships in the U.S. Solicitor General’s Office get to work on cases pending before the Supreme Court, some of the most fascinating and important matters in all the land.
Bristow Fellowships, awarded to recent law school graduates with outstanding academic records and top clerkships, are generally regarded as second only to Supreme Court clerkships in prestige (and often lead to SCOTUS clerkships as well). You can read more about the Bristow Fellowship, including the job responsibilities and application process, on the Justice Department website.
Who are the newest Bristow Fellows? Where did they graduate from law school, and for whom did they clerk? Inquiring minds want to know….
* “She changed how the world looked at us: from scrappy lawyers to a force to be reckoned with.” As the very first female name partner of an Am Law 100 firm, the Biglaw world is Kathleen Sullivan’s oyster. Quinn Emanuel Urquhart & Sullivan thanks you kindly. [American Lawyer]
* “You hate to lose a great lawyer, but if you’re going to this is the way to do it.” Akin Gump might have recently lost partner Patricia Ann Millett to the D.C. Circuit, but her replacement, Pratik Shah, is working hard to fill her impressive shoes peep-toes. [National Law Journal]
* Alan Dershowitz will be stepping down from his position at Harvard Law School at the end of the week. Perhaps he’ll be able to find some time to join O.J. Simpson in the hunt for the real killers. [Boston Globe]
* Stephen McDaniel, the law grad accused of dismembering classmate Lauren Giddings, is back in the news. His alleged condom-stealing burglary capers are inadmissible at his murder trial. [Macon Telegraph]
* As if TLC’s critically acclaimed “Sister Wives” couldn’t get any better, a judge declared parts of Utah’s polygamy statute unconstitutional. Just imagine the ratings gold because of this ruling. [Salt Lake Tribune]
* It appears crack isn’t so wack after all, because Toronto’s crack-smoking mayor has a bevy of supporters who have stepped up to pay all of his legal bills. Waste your bonus money by donating here. [CBC News]
I think the tongue-in-cheek answer would be that I was surprised because of how much [Justice Samuel Alito's] done in the way of supporting anti-discrimination laws over the years. But that would be just a facetious comment.
In addition to being dirty, they toss out annoying liberal platitudes to mask a self-absorbed worldview based around “freedom” as defined by easy access to drugs and not being hassled by regulators who aren’t cool with a commune squatting in a tenement. They’re like libertarians without showers and with the decency to pretend they care about other people.
But this federal judge hates them a lot more than the average bear. And he hates their lawyer even more…
* Should Justice Lori Douglas, she of the infamous porn pictures, step down from the bench? Well, she has 324,100 reasons to stay. [Toronto Star]
* And what about Justice Breyer and Justice Ginsburg — should they leave while the Democrats still control the White House and the Senate? [Washington Post via How Appealing]
* A legal challenge to gun control stumbles — on standing grounds. [WSJ Law Blog (sub. req.)]
* Moral of the story: if you want to threaten opposing counsel, don’t do it over voicemail — unless you want to get censured. [ABA Journal]
U.S. Attorney Preet Bharara
* Dewey want more details about the lucrative contracts given to Stephen DiCarmine and Joel Sanders? Most definitely! [Am Law Daily (sub. req.)]
* An interesting peek inside the office of U.S. Attorney Preet Bharara. The S.D.N.Y.’s boss is a big fan of the Boss. [New York Times]
* Now that the merger between US Airways and American Airlines has been approved, US Airways CEO Doug Parker offers a behind-the-scenes look at his company’s response to the government’s antitrust lawsuit. [Wall Street Journal (sub. req.)]
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.