First Circuit

  • Morning Docket: 09.29.16
    Morning Docket

    Morning Docket: 09.29.16

    * “The ballot-selfie prohibition is like ‘burn[ing down] the house to roast the pig.'” Just in time for Election 2016, the First Circuit has struck down New Hampshire’s ballot selfie ban as unconstitutional, citing the fact that it curtailed voters’ free speech, and on top of that, the state was unable to identify any complaints of vote buying or intimidation. [POLITICO]

    * Suspended Alabama Supreme Court Chief Justice Roy Moore, who instructed probate judges to adhere to the state’s ban on same-sex marriage, even after the Supreme Court’s Obergefell ruling, says the ethics charges he faces are “ridiculous” since he never “encourage[d] anyone to defy a federal court or state court order.” [WSJ Law Blog]

    * Wiley Rein lost two practice group leaders to DLA Piper this week. The firm, known for its media, telecom, government contracts, and IP practices, no longer has partners in charge of its telecom group or its wireless group, but it claims these departures were anticipated, and the practice groups were merged ahead of time. [Big Law Business]

    * Cha-ching! The Caesars bankruptcy is ending, which means the “fee frenzy” for lawyers who were working on the case is about to dry up as well. Nine law firms have been involved in the case since the company first filed for bankruptcy in January 2015, and hundreds of millions of dollars of legal fees have already been assessed. [Am Law Daily]

    * Many jurisdictions adopted the Uniform Bar Exam for the July 2016 administration of the bar exam, and it seems like it may have had the opposite effect on test-takers than what was intended. Graduates of this law school saw their bar exam passage rate drop by 13 percent since last year. We’ll have more on this later today. [Albequerque Journal]

  • Morning Docket: 08.02.16
    Morning Docket

    Morning Docket: 08.02.16

    * “This feels like an agency that is out of step with a crisis in its profession.” The transcript from the National Advisory Committee on Institutional Quality and Integrity is finally out, and those who voted to suspend the ABA’s power to accredit law schools sought to “send a signal” about student loans and accreditation enforcement. [ABA Journal]

    * “Having a woman reach this milestone opens the door for us. We are allies in the struggle and we can’t do this by ourselves.” Women in the law fight to break through the glass ceiling every day, and Hillary Clinton’s nomination as the Democratic presidential candidate has served as an inspiration to continue the battle. [Big Law Business]

    * Which are the best law schools for getting federal clerkship a after graduation? Aside from the incredibly obvious ones, you may actually be surprised by some of the schools that made the list. For those of you who are interested in getting a clerkship bonus when you head to your firm, we’ll have more information on this later. [Business Insider]

    * Sorry, but your law review note might get preempted… Thanks to a split between the First and Second Circuits, in its upcoming term, the Supreme Court will decide what type of benefit must be provided to prove a quid pro quo arrangement, which could likely redefine insider trading law as we’ve come to know it. [DealBook / New York Times]

    * Talk about some expensive beauty queen drama: Genesis Davila, who was crowned as Miss Florida USA last month and then stripped of the title for allegedly using professional hair and makeup stylists in violation of the competition’s rules, has filed a $15 million defamation lawsuit against the pageant’s owners. [ABC Local 10 News]

  • Morning Docket: 04.28.16
    Morning Docket

    Morning Docket: 04.28.16

    * ASS Law is back in the news: Earlier this week, professors on the George Mason University Faculty Senate voted 21-13 to reopen the naming process on the already twice-renamed Antonin Scalia Law School. These professors must know that their actions have no impact on the administration’s decisions… right? [BuzzFeed News]

    * Thanks to allegations of sexual harassment brought forward by courthouse personnel, Judge José A. Fusté of the District of Puerto Rico was allegedly forced by the First Circuit to “retire” from his position, effective June 1. If you’re unable to read in Spanish, Google Translate has a version in broken English that may be slightly helpful. [El Nuevo Día]

    * Attention intellectual property attorneys, because your practice area just got a little more exciting. The Defend Trade Secrets Act passed in the House yesterday by a vote of 410-2, and that means the “most significant expansion of federal law in intellectual property since the Lanham Act in 1946” will likely soon become law. [WSJ Law Blog]

    * “Transitioning at a Biglaw firm, are you crazy?” Not only is it possible to transition in Biglaw, but it’s possible to thrive as a transgender woman in Biglaw, and Sara Schnorr of Locke Lord had the full support of her firm. In fact, she was recently appointed to the Massachusetts Commission on the Status of Women. Congrats! [Big Law Business]

    * “Is nonlawyer ownership of law firms long overdue? Or a bad idea?” The U.K. and Australia are already doing it, and now the ABA Commission on the Future of Legal Services is seeking comments for an issues paper on the risks and benefits of nonlawyer law firm ownership. Email us or tweet us and let us know what you think. [ABA Journal]

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  • Morning Docket: 04.08.16
    Morning Docket

    Morning Docket: 04.08.16

    * Professors at George Mason are outraged that administrators agreed to rename the law school after the late Justice Antonin Scalia without any input from the people who work or study there — his opinions don’t “reflect the values of our campus community.” They’re circulating a petition to denounce the name change, but thus far, none of its signatories are law professors. [NBC News]

    * “I would appreciate if we could keep things that are very serious here appropriately viewed that way.” 50 Cent got yelled at by his bankruptcy judge because he brought his cellphone into the courthouse, took a picture of himself with a stack of fake cash, and posted it on Instagram. A motion to dismiss this wanksta is needed. [WSJ Law Blog]

    * SCOTUS will hear oral arguments on the appeal of securities fraud case Salman v. United States next term, and Eugene Ingoglia of Morvillo L.L.P. hopes the justices will provide some greater detail as to “what counts as a personal benefit.” Let’s just hope that they don’t make insider trading’s road any rockier. [DealBook / New York Times]

    * “The district court’s ruling errs in so many respects that it is hard to know where to begin.” You know that when an appellate holding begins with the prior statement, the trial judge is going to be in for a doozy of a benchslap. We’ll have more on the First Circuit slapping around Judge Juan Pérez-Giménez (D.P.R.) later today. [BuzzFeed]

    * Jamie Wine, who was recently appointed as the chair of Latham’s global litigation and trial department, says even though L&W already has 610 litigators, she’s looking to hire more of them in the firm’s New York and London offices. If you think you want to lateral in, you should know you may be meeting with up to 50 partners. [Big Law Business]

    * Hiring for law school summer associates may be on the rise, but you shouldn’t assume this means you’ll automatically be able to land a job at a prestigious law firm. These firms tend to “put a high value on law school pedigree and grades,” so if you happen to attend a lesser school, you’ll need to be ranked very highly. [U.S. News & World Report]

  • Morning Docket: 02.01.16
    Morning Docket

    Morning Docket: 02.01.16

    * Republican presidential candidate Senator Ted Cruz has pledged to “spend whatever political capital is necessary” to create the most conservative Supreme Court in our country’s history. Uh-oh! Voters better elect him, or else we’ll be “one justice away from … unlimited abortion on demand.” [ThinkProgress]

    * A shakeup at the top? More than 20 Schiff Hardin partners — including the firm’s former managing partner, practice group leaders, and an executive committee member — are leaving to start their own firm thanks to an apparent leadership dispute. [Big Law Business / Bloomberg]

    * On the seventh anniversary of his signing of the Lilly Ledbetter Fair Pay Act, President Obama took action to address the gender pay gap. Companies with 100 employees or more must now include salary info on their annual EEO reports. [New York Times]

    * Boston Marathon bomber Dzhokhar Tsarnaev’s legal team filed the first of what’s sure to be many appeals: They’ve asked the First Circuit to overturn his conviction and death sentence, as well as an order that he pay more than $101M to his victims. [Reuters]

    * For some reason, people are highly opposed to the ABA’s proposal to lift its ban on law students receiving pay for their credit-bearing externship positions. Yes, let’s continue to make indebted students pay for their experiential learning opportunities. [ABA Journal]

  • Morning Docket

    Morning Docket: 08.27.15

    * Should town clerks opposed to gay marriage be required to issue licenses to all couples? The Sixth Circuit says…. [How Appealing]

    * John H. Ray III, the African American ex-associate at Ropes & Gray who claimed the elite firm discriminated against him, loses in court again, this time before the First Circuit. [National Law Journal]

    * Vester Lee Flanagan aka Bryce Williams, the Virginia television broadcaster who killed two colleagues on-air before killing himself, was also no stranger to the legal system: he filed multiple lawsuits alleging racial discrimination. [New York Times]

    * Why are in-house lawyers more likely than their non-attorney corporate colleagues to fall for phishing emails? [ABA Journal]

    * Dewey know when the prosecution will rest in this seemingly endless trial? Probably today. [Wall Street Journal]

    * State judges get nasty with each other in Oregon. [Oregonian]

    * Federal judges around the country are advocating for a second look at how defendants get sentenced. [New York Times]

    * The Dilly in Philly: Paul Clement v. Ted Olson. [Am Law Litigation Daily]

    * A T14 law graduate turned “traveling artist” gets charged with criminal sexual assault in Chicago. [Chicago Tribune]

    * Speaking of sexual assault laws, Emily Bazelon explains how the St. Paul’s Rape Case shows why these laws must change. [New York Times]

    * Update: convicted Colorado movie theater shooter James Holmes didn’t get just a life sentence, but 12 life sentences — plus 3,318 years on top of that. [CNN]

    * Linda Hirshman, author of the forthcoming book Sisters in Law: How Sandra Day O’Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World (affiliate link), explains how Justices O’Connor, Ginsburg, and Sotomayor brought wisdom to SCOTUS (but where’s the love for Justice Kagan?). [Slate via How Appealing]

  • 1st Circuit, Bar Exams, Crime, Gay, Gay Marriage, Jersey Shore, Law School Deans, Law Schools, Morning Docket, New Jersey, Tax Law, Trials

    Morning Docket: 09.25.14

    * Per the First Circuit, plaintiffs who successfully challenge the Defense of Marriage Act in court aren’t entitled to attorneys’ fees. The Department of Justice had no comment. [National Law Journal]

    * Florida Coastal Law finished second-to-last in bar passage for the July 2014 exam, with 58% of grads passing. It was one of Florida Coastal’s worst performances to date. [Florida Times-Union]

    * ASU Law got a $10M donation, its largest ever. “The remarkable thing about it is we didn’t ask him for it,” says the dean, which is a slightly better response than Drexel’s dean had. [The Republic]

    * Much to his defense team’s chagrin, accused Boston Marathon bomber Dzhokhar Tsarnaev’s trial will remain in Boston. The media spectacle is set to begin in January 2015. [New York Times]

    * Mike “The Situation” Sorrentino of Jersey Shore fame was indicted on tax fraud charges to the tune of $8.9M. He pleaded not guilty yesterday afternoon. There aren’t tanning beds in jail. 🙁 [Asbury Park Press]

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    Morning Docket: 05.23.14

    * Congrats are in order for David Barron. The Harvard Law professor was confirmed to the First Circuit in a close vote (53-45), despite his apparent allegiance to our new drone overlords. [WSJ Law Blog]

    * Another one bites the dust: Weil’s London banking leader Stephen Lucas decamped for Kirkland & Ellis. The firm retorted by saying: “We have got 40 finance lawyers left.” Aww, yay for you. [The Lawyer]

    * We already know that state prosecutors are very poorly paid, but let’s go one step further and see if women are paid less than men. Shockingly enough, women are getting the shaft in Texas. [Texas Tribune]

    * Dean Jack Boger of UNC Law is stepping down, but he’s proud of keeping legal ed affordable. “[B]y relative standards, we’re still doing that,” he said. It’s ~$39K for out-of-state students. [Chapelboro.com]

    * O.J. Simpson’s lawyers submitted a gigantic legal doc in an attempt to get him a new trial for his armed-robbery case. Court word limit: 14,000. Words in the Juice’s motion: 19,993. Rules: LOL. [NBC News]

  • 1st Circuit, American Bar Association / ABA, Asians, Bankruptcy, Biglaw, California, Judicial Nominations, Jury Duty, Law Professors, Malpractice, Morning Docket, Politics, S.D.N.Y., Technology, Trials

    Morning Docket: 05.06.14

    * U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times]

    * The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog]

    * Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post]

    * Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal]

    * Drones could claim another victim: the First Circuit nomination of Harvard law professor David Barron. [How Appealing]

    * Who still wants a landline phone? The jury foreman in the latest Apple-Samsung battle, who is sick and tired of cellphones after the month-long trial. [The Recorder (sub. req.)]

    * Not such a Great Adventure: “Cadwalader To Pay $17M In Six Flags Malpractice Fight.” [Law360 (sub. req.)]

  • 1st Circuit, Anthony Kennedy, Attorney Misconduct, Biglaw, Federal Circuit, Federal Judges, Gay, Law Schools, Legal Ethics, Michael Jackson, Morning Docket, Office of Legal Counsel, S.D.N.Y., SCOTUS, Sex, Small Law Firms, Supreme Court, Trials, U.S. Attorneys Offices

    Morning Docket: 09.25.13

    * U. Penn. Law doesn’t need to toot its own horn about kicking off its visiting jurist program with a Supreme Court justice — we’ll do it on the school’s behalf: toot f-ing toot for Justice Kennedy. [National Law Journal]

    * President Obama nominated former OLC attorney and current HLS professor David Barron for a First Circuit vacancy, and a Western New England alum for a district court judgeship. Congrats! [Boston Globe]

    * The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history. [BuzzFeed]

    * Preet Bharara, U.S. Attorney for the Southern District of New York, is pretty pissed that federal budget issues are allowing his office to get outgunned by wealthy financial firms. [DealBook / New York Times]

    * “It seems a very coordinated effort of smugness.” As we reported previously, lawyers from the small firm representing Michael Jackson’s family think O’Melveny & Myers is full of d-bags. [Los Angeles Times]

    * Sorry, but you can’t bang your clients. Well, that’s not completely true. You can bang your clients, but you have to bang them before there’s a legal relationship to keep banging them ethically. [Daily Report]

  • 1st Circuit, Bankruptcy, Biglaw, Constitutional Law, Copyright, Dewey & LeBoeuf, Gay, Gay Marriage, Morning Docket, Music, Politics, SCOTUS, Supreme Court

    Morning Docket: 06.27.13

    * Edith Windsor’s lawyer said she thought her client’s case was “simple,” but it proved to take a little longer than she thought to strike down the Defense of Marriage Act. [New York Law Journal]

    * Conservative pols are up in arms about the SCOTUS decisions, promising to file constitutional amendments, but like Rand Paul said, “As a country, we can agree to disagree.” [Washington Post]

    * Nate Silver breaks down gay marriage by the numbers. By August, 30% of Americans will live in states where same-sex marriage has been legalized. [FiveThirtyEight / New York Times]

    * Wherein the ancient artifacts of a once storied and prestigious Biglaw firm are touted by a furniture liquidation company as “like new, for less!” Dewey know how embarrassing this is? [Am Law Daily]

    * Sorry, Joel Tenenbaum, but the First Circuit affirmed your $675K debt to the RIAA. That’s what happens when you blame illegal downloads on burglars and foster kids. [Law & Disorder / Ars Technica]

    * It looks like David Boies claimed two victories yesterday. The Court of Federal Claims gave Maurice Greenberg the green light to sue the U.S. over the terms of AIG’s bailout. [DealBook / New York Times]

  • 1st Circuit, Bankruptcy, Dewey & LeBoeuf, Disasters / Emergencies, Facebook, Law Schools, LSAT, Morning Docket, Sex, Sex Scandals, Texas

    Morning Docket: 11.13.12

    * Deep in the heart of Texas, plans are in the works for the state’s secession from the nation via online petition. The most likely White House response? Probably something like this: “HAHAHAHAHAHA!” [Hillicon Valley / The Hill]

    * Paula Broadwell, better known as ex-CIA director David Petraeus’s side piece, has officially lawyered up. This guy had better watch out, because he kind of looks a little bit like her former flame. [Washington Post]

    * And then they came for the Steves, but there was no one left to speak for them. The day of reckoning has finally come for the men who are being blamed for cooking Dewey’s LeBoeuf. [Thomson Reuters News & Insight]

    * Law firms in Manhattan are still recovering from Hurricane Sandy. Not for nothing, but all of the staff members at WilmerHale who were tasked with getting rid of all of the rotten food in the firm’s cafeteria should get a double bonus. Just saying. [WSJ Law Blog]

    * Good news, underemployed law school graduates baristas! The First Circuit just affirmed your $14.1M tip-sharing judgment. Maybe now they’ll be able to afford the Starbucks diet. [National Law Journal]

    * “This lawsuit is a massive fraud on the federal courts and defendants. It has now descended into farce.” Facebook is yet again seeking dismissal of Paul Ceglia’s ownership claims. [Threat Level / Wired]

    * There may be five deciding factors when it comes to law school admissions, but serious candidates should focus on the two most important ones: LSAT and GPA. [Law School Admissions Lowdown / U.S. News]

  • 1st Circuit, 2nd Circuit, Bar Exams, Biglaw, Gay, Job Searches, Law Professors, Law Schools, Litigators, Morning Docket, Old People, Partner Issues, Politics, Trials

    Morning Docket: 10.23.12

    * “Whether or not the law is dictating it right now, the people are dictating it.” In light of First and Second Circuit DOMA decisions, in-house counsel are considering benefits for same-sex spouses and domestic partners. [Corporate Counsel]

    * “I’m a woman of integrity. My emotions got the best of me.” A Dish Network executive had to publicly apologize for accosting a Gibson Dunn litigation partner’s elderly father outside of a courtroom after the Cablevision trial. [Am Law Daily]

    * A potential farewell to the typical liberal bias in education: at the end of the day, Teresa Wagner’s political bias case against Iowa Law could alter hiring nationwide in higher education. [Iowa City Press-Citizen]

    * Not prepared for the bar exam, and currently without a law job? Let’s give that school a “B” rating. The results of this survey pretty much conclude that recent law school graduates are out of their minds. [WSJ Law Blog]

    * A soon-to-be high school graduate wants to know if he can “go into a creative career” with a law degree. You silly little boy, the law is where creativity goes to die. Hope that helps! [Law Admissions Lowdown / U.S. News]