* Law firm Halloween party advice. I disagree with some of this — my “Sexy John Marshall” costume was always a hit. [Greedy Associates / FindLaw]
* The Supreme Court is expected to review a 10th Circuit decision holding that corporations are people and can exercise religious rights. Hopefully the Supreme Court stops this madness before my cable company has the right to bear arms. [Constitutional Accountability Center]
* Governor Chris Christie has dropped his appeal of the New Jersey court decision authorizing same-sex marriage. He finally worked out that his own homophobia wasn’t worth being on the wrong side of 61 percent of Jersey voters. [Politico]
* California is tightening up its Workers’ Comp rules for former professional athletes. From now on, injured ex-jocks need to prove a more significant tie to the state to collect compensation. This presents a problem for a lot of former football players who now have to admit they played for the Raiders. [The Legal Blitz]
* Judge Smith of the New York Court of Appeals gets a scathing open letter. It’s fun when lawyers go “Flame On!” toward judges they might eventually be in front of. [New York Personal Injury Law Blog]
* Governor Rick Snyder is asking a judge to drop her request to see unredacted copies of internal emails about the search for the Detroit emergency manager. Because nothing seemed sketchy about employing a law that had been specifically repealed by Michigan voters to overturn the democratically elected leadership of a major metropolis to install a partner from a firm that just so happens to get chosen as bankruptcy counsel, earning a ton of fees from the whole affair. Nothing at all. [Detroit News]
* Guy sues Apple because he hates iOS 7. Not the dumbest suit ever brought against Apple. [BGR]
* Entertainment lawyer Harry M. Brittenham moonlights as the author of graphic novels. A lawyer writing comic books may sound like a guy living in his mom’s basement, but he’s actually married to Heather Thomas from The Fall Guy. [New York Times]
* How Jamie Dimon (and Stephen Cutler and Rodge Cohen) reached JPMorgan Chase’s tentative $13 billion settlement with Eric Holder and the Department of Justice. [DealBook / New York Times; Wall Street Journal (sub. req.)]
* Congratulations to all the New Jersey couples who got married since midnight, in the wake of the state supreme court’s decision not to stay a lower-court ruling in favor of marriage equality. [Newark Star-Ledger]
* Lawyers aren’t the only folks who know how to overbill; defense contractors do too, according to federal prosecutors who allege that a company provided prostitutes and kickbacks to Navy personnel. [Washington Post via The BLT]
* Judge Oing, this really isn’t that hard. Here’s a draft opinion for you in the long-running litigation between Macy’s and J.C. Penney over the right to sell Martha Stewart merchandise (by James Stewart, no relation to Martha). [New York Times]
* If you’d like to run with the bulls without schlepping to Spain, former lawyers Rob Dickens and Brad Scudder can help. Presumably their legal training helped them draft ironclad waivers. [BuzzFeed]
* Justice Anthony Kennedy doesn’t think that law school should be shortened to two years, but he does think that the “cost factor has to be addressed.” Somebody really ought to listen to this man and give his words some credence. [WSJ Law Blog (sub. req.)]
* Let’s give Lady Justice a big round of applause, because the federal judiciary announced that it’s got enough cash on hand to keep things running until October 17, two whole days more than originally planned. Cherish the small things. [Blog of Legal Times]
* If Biglaw firms don’t adapt to the changing times, they may soon go the way of the dodo — or, to be a little more relevant to large law firms, they may soon go the way of the Dewey. Scary. [American Lawyer]
* Gov. Chris Christie’s administration appealed a judge’s denial of a stay on a ruling allowing gay marriages to be performed within the state. Please try to stay Jersey Strong and fabulous through this. [USA Today]
* Law review? More like flaw review, amirite? Apparently there’s a big problem with law review articles, and it’s not just that they’re incredibly boring and wind up in books that are never read. [National Law Journal]
* Lawyers from the DOJ are literally begging judges to stay their litigation cases because they’re not allowed to work unless it’s an emergency. How very lucky for U.S. Air. [Blog of Legal Times]
* FYI, the IRS wants to further screw victims of layoffs. If you were recently laid off and received a severance package from your firm, this is a SCOTUS case you’ll want to follow this Term. [Reuters]
* Which Biglaw firm has the best brand in the world? We’ll give you a hint: it’s not the new top dog on the Am Law Global 100 (and that glorious firm didn’t even finish in second place). We’ll have more on this later. [Am Law Daily]
* Yet another Biglaw firm just elected its first woman chair ever. Congratulations to Jami Wintz McKeon, the power litigatrix who will lead Morgan Lewis to great success in the coming years. [Am Law Daily]
* Some corporate “girl on girl action”: ex-employees of the National Association of Professional Women are now suing the organization over a female manager’s sexual harassment. [DealBook / New York Times]
* New Jersey’s AG is desperately trying to delay the issuance of same-sex marriage licenses after a trial judge’s ruling last week. At this point, the Garden State’s arguments are just livin’ on a prayer. [Bloomberg]
* “The multimillion dollar question is: Is it going to happen and for how long?” Surprisingly, health care attorneys from large firms are being quite blasé about the Congressional battle over Obamacare. [Blog of Legal Times]
* The 2013 Global 100 is out, and with an 8.6 percent growth in revenue, DLA Piper was able to really show the world the benefits of churning that bill, baby! We’ll have more on this news later today. [American Lawyer]
* This is getting exhausting: Dentons, the three-way merger product of SNR Denton (a merger product itself), Salans, and Fraser Milner Casgrain, is in talks with McKenna Long & Aldridge for yet another merger. [Am Law Daily]
* The director of the Commodity Futures Trading Commission’s enforcement unit will be stepping down to spend time more with family. The countdown until he returns to Skadden Arps starts now. [DealBook / New York Times]
* Ted Olson and David Boies, perhaps more commonly known these days as the gay marriage dream team, will be working together to challenge Virginia’s ban on marriage equality. [National Law Journal]
* Should law school be two years long? Kyle McEntee of Law School Transparency (3 points) is beating the pants off Northwestern’s dean (-4 points) in this debate. [Debate Club / U.S. News & World Report]
* The Italian Court of Appeal is retrying Amanda Knox of a crime she’s already been convicted and acquitted of, and the chances she’ll be extradited if convicted again are slim to none. Buon lavoro. [CNN]
* Will adjudicate for food? With a little more than one week until the end of the fiscal year, the federal judiciary is facing down a “worst-case scenario” with respect to its budget. [National Law Journal (sub. req.)]
* An unremarkable percentage of firms are led by women lawyers, but Kim Koopersmith of Akin Gump awaits a day when being a first woman in law won’t be “newsworthy.” [Capital Business / Washington Post]
* Law firm merger mania, Heartland edition: Stinson Morrison Hecker did the do-si-do with Leonard Street & Deinard and will promenade home as Stinson Leonard Street in January. [WSJ Law Blog (sub. req.)]
* Hearts are breaking on either side of the nationwide same-sex marriage debate, and county clerks are bearing the brunt of all the complaints. When will all states “bit[e] the bullet” and legalize it? [Reuters]
* “The last time I went into court, I was wearing something that I got at Goodwill.” It turns out even geniuses are stupid enough to rack up hundreds of thousands of dollars in law school debt. [Los Angeles Times]
* If you’re still hankering to read up on the legality of the impending intervention is Syria, here’s a thorough bibliography. This should keep you busy for a while. [Lawfare]
* The re-sentencing of the teacher who got 30 days for raping a 14-year-old girl was blocked today by the Montana Supreme Court as outside the authority of the trial judge. We’ll see how this resolves itself. Remember, if you outlaw taking advantage of troubled 14-year-old girls, only outlaws will take advantage of troubled 14-year-old girls. [NBC News]
* Attorney and New York public official Christine Quinn charged in prescription drug scandal. Oh. Wait. Not thatChristine Quinn. [Times Union]
* An SEC attorney files a serious lawsuit about the investment managers who collapsed the economy. Unfortunately, the suit is against the SEC itself for allegedly retaliating against the attorney when she recklessly suggested the SEC do its “job.” [Courthouse News Service]
* What’s the most dangerous state to live in? Check out this interactive graphic. Fun fact: you’re most likely to get the Clap, Chlamydia, and then get murdered in Washington, D.C. Ah, Washington. [Top Masters in Health Care]
* Today in Bizarro Land, “feminists” are now arguing against birth control. They also really enjoy “Blurred Lines” now. [The Guardian]
* Rhode Island’s proposed marriage equality bill might include a provision allowing for-profit vendors to opt out of serving gay couples based on homophobia personal beliefs. Imagine how well letting businesses opt out of anti-discrimination laws would have worked in taking down segregation. [Huffington Post]
At the end of August, the New Mexico Supreme Court ruled in Elane Photography v. Willock that a Christian wedding photographer violated the New Mexico Human Rights Act (NMHRA) when it refused to photograph a lesbian couple’s commitment ceremony. (New Mexico does not currently permit same-sex marriage, though all the parties and the court frequently refer to the ceremony as a wedding.) This week, one of the parties in a similar controversy in Oregon, Sweet Cakes Bakery, announced that it would be closing shop, citing its opposition to baking wedding cakes for same-sex couples.
Elane Photography argued that it did not violate the NMHRA but, if it did, this application of the law violated the photography business’s Free Speech and Free Exercise rights under the First Amendment. The court disagreed, writing that “when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races.”
Personally, I’d vote for same-sex marriage if I lived in a state considering such laws. Polygamy too, for that matter. If you are listening for a full-throated defense of traditional, heterosexual marriage to the exclusion of state recognition of any other arrangement, you won’t hear it here. I’m inclined to support religious understandings of traditional marriage, but I’m libertarian enough to let everyone — straight, gay, or otherwise — suffer through the headaches of having the government divide your assets when you get divorced.
Still, using anti-discrimination laws to mandate that all businesses operating as public accommodations provide services to same-sex couples’ weddings sounds like an unnecessary imposition on the sincere religious beliefs of others — and a great way to end up with lousy wedding photos….
* A comprehensive analysis of the New York Times wedding announcements over the years. As the research team frames the question, “What do the world’s most self-important people think is important?” Unsurprisingly, the answer is “where they went to law school.” [News Genius / Rap Genius]
* The National Jurist would like to deceive convince the potential law school class of 2017 that there will be tons of jobs for them. Apparently the legions of unemployed lawyers now will just disappear in some sort of legal industry Carousel. [National Jurist]
* Elizabeth Wurtzel’s mom loves Al Jazeera because she hates pundits and talking heads. Like, for instance, Elizabeth Wurtzel. [The Daily Beast]
* Walter Olson of Overlawyered is going on the road. There are a lot of stops; check if he’s coming to a town near you. You could totally tag one of these venues in a big slip-and-fall case. [Overlawyered]
* In the midst of a slew of law deans stepping down, Dean Patricia Salkin thinks this is the perfect time to become a law dean. Elie already put his hat in the ring for every available position via Facebook. [The Faculty Lounge]
* Military personnel are guaranteed benefits for same-sex partners. Including personnel in state national guard units. But Texas has decided to deny those benefits. Yeehaw! In all seriousness, this is why all those liberals rooting for state marijuana ballot measures against the feds needed a little more foresight. [Dallas Voice]
* An interview with Helen Wan, the author of The Partner Track: A Novel (affiliate link). Keep on the lookout for David’s coming interview with Helen. [CNN]
* We bet you never thought you’d be spending Labor Day weekend debating with your relatives the legality of a U.S. military strike on Syria and the intricacies of international law. Gee, thanks President Obama. [CNN]
* Over the long holiday weekend, Justice Ruth Bader Ginsburg served as officiant at the gay wedding of John Roberts. No, not that John Roberts, but what an incredibly apropos coincidence that was. [Washington Post]
* Speaking of same-sex marriage, even though “[n]o one told [him] it was an easy job when [he] signed on,” Justice Anthony Kennedy revealed himself to be an ally of the gay rights movement. [New York Times]
* Two days after filing an appeal with the Third Circuit, the parents of a deceased Cozen O’Connor partner have ended their battle to deny their daughter’s profit-sharing benefits to her wife. [Law360 (sub. req.)]
* Twitter’s general counsel deactivated his account position with the social media giant, and looks forward to “goofing off.” Congrats to Vijaya Gadde, who will head up the company’s IPO. [Bits / New York Times]
* Biglaw’s latest scapegoat for the culling of the associate herd is the decline of Chapter 11 filings, otherwise known by industry insiders as the “bankruptcy recession.” [New York Law Journal (sub. req.)]
* Without any rabbits left to pull out of hats, it’s been predicted that by 2018, the Magic Circle will be no more. This is one disappearing act lawyers obsessed with prestige hope will never happen. [The Lawyer]
* If you want to learn more about fashion law, check out this interview with Barbara Kolsun, a woman who literally wrote the book on it (affiliate link) while serving as general counsel at Stuart Weitzman. [Corporate Counsel]
* So what has Kenneth Randall been up to since he left the deanship at Alabama School of Law? He’s working to “train law students for jobs that don’t require a bar license” over at InfiLaw. Awesome. [Tuscaloosa News]
* Legal commentators like Elie and Lat would be ecstatic if law school were two years long, but because so many others have a “vested interest in the status quo,” change will come at approximately half past never. [CNBC]
* Ronald H. Coase, influential legend of law and economics and Nobel prize winner, RIP. [Chicago Law]
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 seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.