On Tuesday, the D.C. Circuit ruled against Matt Sissel, the Iowa artist and entrepreneur who challenged the Affordable Care Act’s individual mandate on the grounds that the law violated the U.S. Constitution’s Origination Clause. Article I, § 7, clause 1 requires that “all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.” Obamacare raises government revenue by billions of dollars, but it was drafted in the Senate. Judge Judith Rogers wrote the opinion in Sissel v. HHS for a panel including two newly minted Obama appointees, Judge Nina Pillard and Judge Robert Wilkins.
This ruling comes in the wake of last week’s dueling decisions in Halbig v. Burwell and King v. Burwell. Another D.C. Circuit panel found that Obamacare subsidies were illegal in the 36 states that refused to set up state healthcare exchanges. On the same day, the Fourth Circuit disagreed. In court battles, Obamacare opponents are winning some and losing some.
Kourtney and Caleb Ballew, posing for a picture while at the White House for a state dinner with President Obama (with a portrait of Jacqueline Kennedy Onassis in the background).
The White House State Dinner that President Barack Obama hosted on Tuesday night in honor of President François Hollande of France featured quite the convocation of legal eagles. As we mentioned yesterday, attendees included such law-world luminaries as Justice Elena Kagan, Secretary Jeh Johnson, and ATL’s reigning Lawyer of the Year, Roberta Kaplan.
Say what? Did the Obama White House get Salahi’d again?
Actually, no. The Ballews came as honored guests of President Obama and First Lady Michelle Obama.
Because the Obamas have had so few state dinners, invitations to the ones they do host are in especially high demand. How did two recent law school graduates score one of the most coveted invites in the country? I interviewed the Ballews to find out….
* Downton Abbey has inspired a new bill making its way through the House of Lords, who apparently watched the show and figured out for the first time that women get screwed by the law of entail. Now if they can just pass a law that would keep Bates out of prison in the first place. [The Atlantic]
* Ben Adlin reminisces about the era when the Supreme Court actually cared about oral arguments. [Summary Judgments]
* An interesting infographic on where Superlawyers went to school. Finally a ranking where NYU can top Yale. [Online Paralegal Programs]
* Another installment of classic ads ruined by lawyers. [Vice]
* Fifth Circuit judges aren’t the only ones to tell their colleagues to shut up; here’s some fun news from the Philippines. [Manila Times]
* French cities have banned performances of a comedian with a history of racking up hate speech fines. I mean, since when has anti-Semitism been a problem in Europe? [Al Jazeera]
* If you think conservative arguments against the Affordable Care Act are dumb, check out liberal columnists arguing that Obama screwed up by not pushing for single-payer. [Lawyers, Guns & Money]
A couple of weeks ago, as Obamacare was just stumbling out of the gate, we asked our readers to tell us about the state of their own health insurance plans through their firms. Since the Recession, we have heard anecdotal evidence that some firms have been using health care cost clawbacks as a stealth expense-cutting tactic and de facto pay cut. We wondered how widespread a phenomenon this practice had become. Well, perhaps that’s a bit disingenuous. We had a strong feeling that, in this time of layoffs and all the rest of the Biglaw belt-tightening measures, that no category of expenses would be immune. And our survey results resoundingly confirm those suspicions: 89% of you tell us that your health insurance premiums have gone up since you started work at your firm.
A relevant tip showed up in the ATL inbox this week. An attorney at a prominent (V25) law firm sent us a memo outlining new changes to the firm’s health plan. Here’s an excerpt: “The deductible for the CIGNA PPO plan will change from $250 single/$750 family to $500 single/$1,000 family. Also, the PPO prescription copays [will all increase]. These changes bring our PPO plan design in line with market
practice for large law firms (emphasis added)”…
* 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]
* TSA lets 9-year-old through without a ticket or adult help. Our security is top-notch in this country. [Lowering the Bar]
* New York attorney Bradley Dizik is the working to save Detroit’s Masonic temple from its financial woes. How screwed is Detroit? Even the international Freemason conspiracy can’t help. [Detroit News]
* Interested in national security — and getting CLE credit? [Lawfare]
* A Georgetown Law student was killed over the weekend. On a personal note, I knew Mark and he was truly great guy and my thoughts go out to his family and friends. [Washington Post]
With the continuing partial government shutdown and the shaky rollout of Obamacare, the issue of health insurance has never been such a central and divisive topic in the national conversation. Surely there are thousands of unemployed or temping JDs who are entering the brave new world of insurance exchanges and its attendant “hiccups.” In a development that perhaps should alarm the lowest-paid support staffers at law firms, some corporations appear poised to drop “bare bones” health-care benefits altogether for low-wage employees in favor of directing such employees to the new state exchanges.
Of course, for the lawyers at firms, such developments concerning the exchanges are essentially an abstract issue. That is not to say that attorney benefits packages are not subject to “new normal” economic pressures, or that the ultimate effect of the Affordable Care Act on private health insurance packages is unknowable. As noted here way back in 2009, some firms have added health care cost clawbacks to their expense-cutting repertoire of layoffs and pay cuts. Many associates have found themselves, post-Recession, with higher premiums and deductibles and thus, a de facto salary cut. Comparing salaries and bonuses across law firms overlooks the element of health insurance costs, about which there is no equivalent transparency. Undoubtedly there are significant variations across firms in this area, and some firms that appear to pay “market” aren’t quite doing so in light of their requiring a larger fraction of health care premiums. These variations inevitably distort direct comparisons.
We’d like to bring some transparency to this topic — but we need your help….
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: email@example.com.
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.