* Mayer Brown wants you to think the Supreme Court wasn’t tilted toward business interests this Term. Yes, we all know how Homer City turned out, but maybe it’s worth evaluating this based on how important the cases were. Is Petrella really equivalent to Noel Canning? [Mayer Brown]
* Not one, but two former Utah Attorneys General charged with corruption. [Deseret News]
* The CFPB brought suit against a debt collection lawsuit mill. A working CFPB. One more great thing we used to get from recess appointments. Thanks Breyer. [CFPB]
* Oh no. A law school tuition Kickstarter. [Kickstarter]
* New York tried to help homeowners facing foreclosure. Unfortunately, the law didn’t create a remedy if the banks refused to follow the law. Well, it was our fault for thinking Albany could do something right. [WiseLaw NY]
Back in 2011, a Buffalo, New York, foreclosure law firm — a foreclosure mill, if you will — was caught in a very embarrassing predicament. Some of its employees decided that for their Halloween costumes, they’d dress up like people who had lost their homes in the foreclosure process. The story made the New York Times, and the public reveled in all of the sheer schadenfreude.
Today, we’ve got another foreclosure mill for you to point and laugh at. It seems that this firm’s building was foreclosed upon, and now it’s facing eviction from the office where its employees once billed up to $100,000 for throwing people out of their homes.
Imagine returning home from vacation and finding your home cleaned out. The thieves grabbed all the furniture, all the gadgets, all the kitchenware, and left you nothing. That’s what happened to an Ohio woman recently, and the police are refusing to help.
That’s because the perpetrator was First National Bank. Except Katie Barnett was not behind on her payments; the bank just repossessed the wrong house.
Fair enough. Mistakes happen. The bank is going to pay her back though, right?
Earlier this week, we wrote about a pair of prominent partners at Skadden Arps who got hit with a big-time benchslap. A federal judge in Chicago issued an order to show cause, requiring the Skadden lawyers to explain why they should not be sanctioned for failing to cite a highly relevant (arguably dispositive) Seventh Circuit case when briefing a motion to dismiss. The judge also set “a status hearing in open court…. [at which the attorneys] are all directed to appear in person.”
The Skadden partners filed a contrite response. They apologized profusely to the court, explained why they viewed the Seventh Circuit as distinguishable, and argued that even though they erred, their conduct didn’t merit sanctions. They announced to the court that they had settled the case in question, with Skadden “contributing to the settlement amount in order to personally redress plaintiffs’ counsel for responding to the motion to dismiss.” (In a classy move, they also extracted their associate from under the bus, explaining that he played no substantive role in the briefing.)
Despite the apology and the settlement, the status hearing went forward as scheduled yesterday. What happened?
On the transactional side, things seem to be going gangbusters for Skadden Arps. As we noted yesterday, the firm took the top spot in three separate rankings of 2012 M&A work. In 2011, a different firm sat atop each set of rankings, but in 2012, Skadden ruled them all.
On the litigation side, though, the new year has brought new headaches for Skadden. Earlier this month, a high-profile partner at the firm, along with another partner and an associate, got hit with a big benchslap. A federal judge issued an order to show cause, asking the Skadden lawyers to explain why they should not be sanctioned, and set “a status hearing in open court…. [at which the attorneys] are all directed to appear in person.” Ouch.
Skadden recently filed its response to the OSC. Let’s review the benchslap, then see what the Skadden lawyers had to say for themselves….
* This guy gets an A for imagination, but he fails the whole “How do you not realize that emergency dispatch will not send you a ride to go on a beer run, even if you call 911 nine times” test. [WCTI12]
* You know you’re addicted to cigarettes when you’ll smoke cigarettes that were hidden in a baby’s diaper. Then again, smoking already involves inhaling something covered in s**t. [Legal Juice]
* A 49-year-old attorney is charged with sexually assaulting a 24-year-old woman in her room at the Chicago W Hotel. Bad news Bears. Seriously, ugh. [Chicago Tribune]
* Just give me all the foreclosed homes you have. Wait, wait. I worry what you just heard was ‘give me a lot of foreclosed homes.’ What I said was: Give me all the foreclosed homes you have. Do you understand? [My Fox Detroit via Legal Blog Watch]
* Whoever produces public-service announcements forgot that not only are drugs bad but so is a propensity toward violent anger. One could argue the latter is more likely to land you in jail. Either way, hilarious. [BuzzFeed]
Rather than helping homeowners modify their mortgage loans or avoid foreclosure, Defendants dupe distressed homeowners into paying thousands of dollars based on false promises and misrepresentations. Indeed, Defendants provide little, if any, meaningful assistance to modify homeowners’ mortgage loans or prevent foreclosure.
* Dewey even care if we spent money like it was going out of print? A new D&L bankruptcy court filing states that the failed firm used $43M of secured lenders’ funds in just one month in an attempt to save the ship from sinking. [Bloomberg]
* The Jerry Sandusky trial continues: Mike McQueary’s testimony in the former football coach’s case was pretty disgusting, but then again, most things are going to be pretty disgusting when you’re dealing with an alleged child predator. [Daily Item]
* A few ways you can tell this isn’t England: 1) our dental hygiene is generally better; 2) our royalty is entirely made up of reality TV stars; and 3) you still can’t serve people via social networking sites like Facebook. [paidContent]
* “Do I have to read the whole settlement?” Yup! UC Irvine Law’s consumer protection clinic will work to see if banks are keeping their end of the bargain in a $25B foreclosure-abuse settlement. [Los Angeles Times]
* Anna Gristina, the accused “Millionaire Madam,” claims in a motion to dismiss that police tried to make her name her johns, one of whom is apparently “a prominent Manhattan lawyer.” But which one? [New York Post]
* CBS claims that ABC’s “Glass House” is a rip off of “Big Brother,” and the network is trying to block the show from airing. OMG, please let it air so we can see this law school dropout in action. [Celebrity Justice / FindLaw]
* Joe Amendola has filed a motion to dismiss the child sex abuse charges against his client, Jerry Sandusky. And if he actually thinks that’s going to happen, then he definitely needs to call 1-800-REALITY. [Associated Press]
* @AllenStanford’s motion for a #newtrial has been denied. The Ponzi schemer’s “conviction by journo tweet” argument has failed. Major props to Judge David Hittner for issuing a ruling in less than 140 characters. [Bloomberg]
* Everyone’s obsessed with the U.S. News law school rankings, but here’s a ranking that people should actually be paying attention to: the law schools that lead to the most debt. [The Short List / U.S. News and World Report]
* St. John’s Law is planning to launch two new LL.M. programs, neither of which is in tax. This is newsworthy because people will apply anyway, and then bitch about the “value” of their degree. [National Law Journal]
* John Payton, President and Director-Counsel of the NAACP Legal Defense Fund, RIP. [NAACP LDF]
If you don’t have a lawyer, it is hard to really put their feet to the fire and make sure the banks have every ‘t’ crossed and ‘i’ dotted… We are going to make sure funding for those legal services is restored.
As part of the settlement, New York State will receive a guaranteed $136 million, and New Yorkers who suffered during the foreclosure crisis will be eligible for an estimated $648 million in additional payments. Schneiderman said the settlement will help restore legal service programs that were cut back in recent years.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
It’s the legal profession’s equivalent of a long-term relationship.
When Michelle Waites, Senior Patent Counsel for Xerox Corporation, attended The LGBT Bar’s Lavender Law conference several years ago, she wasn’t sure what to expect. She left having forged a lasting business relationship that still endures today.
It was during The LGBT Bar’s event – an annual gathering of more than 1,600 lesbian, gay, bisexual, transgender and allied legal professionals – that Waites first met Marla Butler, a partner at Robins, Kaplan, Miller & Ciresi LLP, who specializes in patent law.
Today, the two are still close friends as well as professional colleagues. Butler’s firm continues to work with Xerox – a business partnership forged via The LGBT Bar.
On November 19th, The Bar will present its first-ever conference outside the United States. Dubbed “A Lavender Law Experience for Europe,” the day-long Business Legal Conference will replicate programs such as the one that brought Waites and Butler together for legal professionals in Europe.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: