Gay Marriage

Tom Goldstein

Still, who am I to say these cases are a mistake? I am straight and married. And I am white and well off. I got mine.

SCOTUSblog founder Tom Goldstein, commenting on the many gay marriage “test cases” that might get heard this Term by the Supreme Court. SCOTUSblog has a liveblog up right now, waiting for possible certiorari grants and denials in these cases.

David Boies

Today brings news that David Boies, one of the finest trial lawyers of our time, is working for $50 an hour. Who says you can’t afford affordable, high-quality legal representation in this country?

Fortunately, the associates who work for him are taking home quite a bit more. As we alluded to earlier today, Boies Schiller & Flexner just announced — and paid out — some pretty amazing associate bonuses.

Let’s get some numbers and reactions. We also have comments from David Boies himself, who spoke with us this morning about a wide range of subjects — associate bonuses, of course; his firm’s overall performance in 2012, its best year ever; and what the U.S. Supreme Court might do in Hollingsworth v. Perry (aka the Proposition 8 case), which he has been litigating alongside Ted Olson, his opposing counsel from the Bush v. Gore days….

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* Just in case you haven’t seen enough responses to the Case Western Law dean’s New York Times op-ed, here are some more. (Plus, with this, you’re getting the additional bonus of an incredibly sad letter from a young lawyer.) [Associate's Mind]

* Oh mon dieu! Dominique Strauss-Kahn’s legal team is now denying that that there was ever a settlement in the hotel maid’s sexual assault suit civil suit, and especially not a $6M settlement — because that’s apparently “flatly false.” [Slate]

* You’ve probably led a sad and lonely existence if you’re laying on your death bed and worrying about who will inherit your iTunes library. Don’t worry, they’re headed to a “legal black hole,” anyway. [Legal Blog Watch]

* The Supreme Court might be taking the phrase “don’t judge gay people” a little too literally. [WSJ Law Blog]

* And in other news, some teenagers are so obsessed with their tech gadgets, like cellphones, that they’d allegedly be willing to kill their family and pry the damn thing from their cold dead hands. [Legal Juice]

* Please remember to vote for your favorite law blog (coughcough Above the Law coughcough) in the Blawg 100 in the News/Analysis category, and all the rest of the sites you read in other categories, too! [ABA Journal]

* After the jump, Bloomberg Law’s Lee Pacchia speaks with law firm consultant Tim Corcoran of the Corcoran Consulting Group about the future of rainmaking and business development in Biglaw….

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* On the even of the Supreme Court’s conference that will determine whether a gay marriage case will be on the docket in 2013, a federal judge ruled that Nevada can ban the practice in the state. Not fab. :( [BuzzFeed]

* A bankruptcy judge gave Dewey & LeBoeuf’s unsecured creditors the go-ahead to sue the pants off Joel Sanders and the Steves (a moniker for what likely would’ve been an extremely orange band). [Am Law Daily]

* Hostess Brands received final approval to wind down its business and begin selling off its Twinkies to satisfy its creditors, but not before $1.8M in bonuses payouts were authorized. [DealBook / New York Times]

* Foul balls: as if his public tiff with Lance Armstrong and indecent exposure sentence weren’t enough, Clark Calvin Griffith is facing bar discipline over his pervy predilections. [Minneapolis/St. Paul Business Journal]

* UCLA School of Law recently announced its plans to offer an LL.M. in Law and Sexuality. Now, recall that just one month ago, Justice Scalia advised students not to take “law and _____” courses. [National Law Journal]

* Dominique Strauss-Kahn agreed to settle a suit brought against him by a hotel maid who accused him of rape. We still don’t know the dollar amount, but we bet he kept his aggravated pimp hand strong. [Bloomberg]

* A day in the life of Lindsay Lohan includes an arrest for assault in New York, followed by charges related to a car crash in California. Her legal drama is almost as bad as Liz & Dick. [Daily Dish / San Francisco Chronicle]

* Jerry Finkelstein, former publisher of the New York Law Journal, RIP. [New York Law Journal]

* George C. Kern Jr., Sullivan & Cromwell’s M&A maven, RIP. [New York Times]

Casey Anthony is not impressed.

* Will it be DOMA or Prop 8? The countdown until Friday starts now, because everyone’s waiting to see whether the Supreme Court will grant cert on one of the five same-sex marriage cases that has come before the high court. [UPI]

* Walk like an Egyptian — or, in this case, you can protest like one. Judges and lawyers are on strike and filing legal challenges to President Mohamed Morsi’s “unprecedented attack on judicial independence.” [New York Times]

* Dewey know when this failed firm’s bankruptcy plan will be approved? Team Togut is hoping for a February resolution, but the rascally retirees may throw a wrench in things with their committee’s continued existence. [Am Law Daily]

* Even though the Northern District of California has a historic all-women federal bench — a courthouse of their own, if you will — there’s probably no need to tell them that THERE’S NO CRYING IN LITIGATION. No crying! [The Recorder]

* New technology + old laws = a privacy clusterf**k. This week, a Senate committee will contemplate whether the Electronic Communications Privacy Act needs to be updated to get with the times. [New York Times]

* The New York State Bar Association may oppose it, but Jacoby & Meyers’s challenge to the state’s ban on non-lawyer firm ownership shall live to see another day thanks to the Second Circuit. [New York Law Journal]

* An Alabama Slammer is both a dangerous cocktail and a term for what happens when your Southern law school refuses to cut its class size and you’re left woefully unemployed after graduation. [Birmingham News]

* Casey Anthony finds relevancy again! Girls in my high school used to search for “foolproof suffocation” on Google and later get acquitted of murdering their daughters all the time; it was no big deal. [USA Today]

* Dean Boland, aka Paul Ceglia’s gazillionth lawyer in the Facebook ownership case, will soon find out if can withdraw as counsel. He’s got other things to deal with, like a $300K child porn judgment. [Wall Street Journal]

First, let me get this out of the way:

Yes, Republicans are waking up this morning to the horrible realization that women and minorities get to vote in this country.

And gays. Oh, yes, gays and lesbians had a really good day yesterday. Republicans are licking their wounds by telling us that Obama had a very narrow victory and that this is still a “center-right” country. And maybe that’s true on economic issues. But on social issues? Homophobia was rejected last night. In its place, weed won. Think about that. After a 0 for 32 success rate with same-sex ballot initiatives, two states legalized gay marriage by popular vote, Washington will almost certainly affirm the legislature’s legalization of same-sex marriage, and one state declined to outlaw it. And we have our first openly lesbian Senator.

But, like Théoden King, it was not Obama of Chicago that lead gays and lesbians to victory out of the Deeping Wall of inequality. Obama was a late and unsteady comer to the fight for equal rights.

In fact, don’t think any national politician can claim the mantle of “leader” on this issue. Instead, I think that the law, through its protectors on our nation’s courts, have brought the people around on this issue….

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* “We know in our hearts that for the United States of America, the best is yet to come.” Barack Obama was re-elected as president. Bring on the hope and change! No, seriously. [New York Times]

* In news that shouldn’t come as a surprise, regardless of who won the presidential race, there are still post-election voting issues that will likely be resolved in the courts. [Blog of Legal Times]

* But what we really want to know is who will be our country’s next attorney general. Because if anyone can fill Eric Holder’s shoes, it’s Preet Bharara, the U.S. attorney for the S.D.N.Y. [WSJ Law Blog]

* In other important news, several states approved gay marriage ballot initiatives, and others legalized marijuana. But hopefully you don’t have a case of the munchies yet — federal law still says it’s illegal. [CNN]

* They helped American citizens “ba-rock” the vote: hundreds of law students from around the country rallied around the craziness of Election Day to volunteer their assistance to worthy causes. [National Law Journal]

* Biglaw firms in NYC are still reeling after Hurricane Sandy. While WilmerHale set up temporary offices last week, both SullCrom and Fried Frank could be out of commission for weeks. [Reuters; New York Times]

* At this point, in-house counsel are kind of like the McKayla Maroneys of the legal profession, because they are seriously unimpressed with outside counsel’s efforts to improve services and fees. [Corporate Counsel]

* Judge Theodore Jones, associate judge of the New York Court of Appeals, RIP. [New York Law Journal]

* The Fifth Circuit upheld a federal law banning gun sales to people under 21 years old. Oh! The humanity! What will the nation’s teenagers do without booze or their own guns? [WSJ Law Blog]

* A New York cop is charged with planning to kidnap, cook, and eat 100 women. Gross. I wonder if this will tarnish the NYPD’s sterling reputation. [Daily Intel / New York Magazine]

* Scratching your nuts in public is gross, but it’s not the same as, uh, some other grosser, more illegal activities. It would behoove this woman to learn to recognize the difference. [Legal Juice]

* Should wearing “personality” glasses count against a criminal defendant? I dunno, but as a guy who has to wear glasses I find it bizarre that people choose to wear them as fashion accessories. Might as well wear a useless prosthetic arm too; I hear they’re the next hip trend. [Legal Blog Watch]

* Another intra-family lawsuit: Geoffrey Richards, who teaches at Northwestern Law School, has been sued by his 95-year-old grandfather over a family financial dispute. The grandfather is also calling Richards a “scoundrel” and the “greatest disappointment” in his life. Ouch. [DealBreaker]

* President Obama has endorsed several same-sex marriage ballot proposals. Nice work, Barry. [BuzzFeed]

* Insights and advice for people interested in fashion law (from Ron Coleman and others). [Likelihood of Confusion]

* While the mainstream media may claim the presidential race between Barack Obama and Mitt Romney is neck-and-neck in a dead heat, the majority of Am Law 200 managing partners are predicting the incumbent will be reelected for another four years. [Am Law Daily]

* In the meantime, infamous media whores Donald Trump and Gloria Allred have both promised “October surprises” for our presidential candidates. Guess we’ll finally find out what they’re yapping about later today after Allred gets back from court and the Don tweets. [ABC News]

* “These lawyers are my kind of scum. Fearless and inventive.” Raj Rajaratnam’s attorneys plan to appeal his insider trading conviction later this week on claims that the government improperly wiretapped him. [DealBook / New York Times]

* There’s no way this statute is going to be pushed back into the closet. New York’s Court of Appeals rejected a challenge to the state’s gay marriage law on the basis of a violation of open-meeting laws. [Bloomberg]

* Lindsay Lohan’s father wants a judge to place the fading star under a conservatorship. Hey, it worked for Britney Spears, right? And on the plus side, it’s a great way to get her name back into the news. [CNN]

The U.S. Court of Appeals for the Second Circuit, in an opinion written by a prominent conservative jurist, Chief Judge Dennis Jacobs, just voted to strike down Section 3 of the Defense of Marriage Act (DOMA). The court issued its 2-1 decision just three weeks after hearing oral argument, which is extremely fast for a case of this complexity and importance….

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