Health Care

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.

What should we make of their track record so far?

double red triangle arrows Continue reading “Liberal Critiques Of Challenges To Obamacare: 2 Errors Worth Correcting”

It’s springtime in D.C., and we all know what that means. No, we’re not talking about the cherry blossoms; that was last month. We’re talking about the spinning of the revolving door.

We have some interesting moves to mention taking place in the nation’s capital. One top government lawyer is returning to private practice; one top Biglaw partner is going back to government, perhaps for good; and one major law firm, potentially party to a high-profile merger, is losing some partners to a rival — after holding them prisoner for a while….

double red triangle arrows Continue reading “Musical Chairs: Some Notable D.C. Partner Moves”

* Professor Ann Althouse’s analysis of today’s Hobby Lobby and Conestoga Wood arguments before SCOTUS. [Althouse]

* Professor Nelson Tebbe’s take on the proceedings. [Balkinization]

* Finally, a very Jezebel assessment: “Supreme Court Prepares to F**k Up This Birth Control Thing.” [Jezebel]

* “JUDGE TO PORN TROLLS: IP Addresses Aren’t People.” [Instapundit]

* YouTube videos and text messages surface in the Oscar Pistorius murder trial. [IT-Lex]

* “Her” was an excellent movie — and it might contain lessons for lawyers and the legal profession, as John Hellerman argues. [Hellerman Baretz]

Attorney General Eric Holder was hospitalized today after experiencing faintness and shortness of breath, as noted by the ABA Journal. According to Justice Department spokesman Brian Fallon, Holder was taken to the hospital as a precaution, after experiencing symptoms during a morning staff meeting.

When reached for comment, Holder said, “Please God, let me use my Covington & Burling health care. Don’t send me to a death panel.”

Just kidding. Holder is fine (I hope, or else this post is going to look like very poor taste). Let’s wish him the best for a speedy recovery. Those drones can’t figure out whom to strike by themselves.

Attorney General Holder Is hospitalized [ABA Journal]

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.

Also in attendance: Caleb Ballew and Kourtney Ballew. They’re a pair of twenty-something, small-firm lawyers from Huntsville, Alabama.

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….

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Ascension to Biglaw partnership demands, obviously and above all, an enormous amount of first-rate legal work, in addition to political savvy, endurance, timing, and luck. A would-be partner’s chosen practice area also undoubtedly plays no small role. If firm leadership believes that there will be a spate of major Chapter 11 filings or trademark litigations on the horizon, obviously that will redound to the benefit of the potential bankruptcy or IP partners (although, as recent news reflects, partnership isn’t necessarily the lucrative, secure lifetime position it once was).

Late last year, ATL took a close look at the newly minted partner classes for the Vault 10 firms. Despite the great profitability and prestige of this select group, it is difficult to draw conclusions about the general direction of the legal market from the composition of these partnership classes. First of all, this is a small sample size. Second, we are witnessing an important shift in the allocation of the business within the market. A recent AdvanceLaw survey of general counsel at major global corporations found that three-quarters of general counsel were inclined to engage “less-pedigreed” firms (e.g., outside the Vault 10 or Magic Circle) for “high stakes” legal work. This survey of GCs (including those from Google, Nike, 3M, Unilever and Deutsche Bank) indicated their willingness to engage firms lower down the Biglaw totem pole.

Because of the apparent diminishment of the brand value of the most historically prestigious firms, as well as the broader trends toward disaggregation and unbundling of legal services, one must account for a larger set of law firms in order to see the fullest picture of the market for high-end legal services. With that in mind, today we look at the practice areas of the entire Biglaw partnership class of 2013….

double red triangle arrows Continue reading “The Biglaw 2013 Partnership Class, By Practice Area”

“Hey, kids! Just keep clicking the ‘Mommy’s Credit Card’ button!”

* The feds say that Apple has agreed to pay “at least $32.5 million in refunds” to people who didn’t realize their children were racking up huge bills in FarmVille and the like. It’s good to see parents won’t actually have to pay for their absentee parenting. [Washington Post]

* It’s a good day for successful — kinda rapey — pop songs, as the family of Marvin Gaye decided that they “Got to Give It Up” and settled with Sony over alleged copyright infringement by the Robin Thicke song, Blurred Lines. [Rolling Stone]

* Apparently the Florida Bar Association took a look at the state of the judicial system and decided to screw it and start selling baking utensils. Or it was hacked. But probably they just gave up. [IT-Lex]

* Tailgating at the Yale-Harvard game is way more dangerous than I’d realized — a clutch of Yale frat bros (what is the proper collective noun for Elis) have been sued over an incident where a U-Haul loaded down with kegs struck and killed one person. [Jezebel]

* A hearing was cut short in New Orleans when an inmate arrived from the prison high as a kite on illicit drugs he procured in custody. Way to run a tight ship, New Orleans. Maybe I shouldn’t be so hard on them. After all, they just got their “inmates unintentionally set free due to clerical oversight” statistic back down to zero. [New Orleans Times-Picayune]

* A rundown of high-profile cases that turned on expert witnesses. Good to see that everyone’s favorite “affluenza” made the list. [The Expert Institute]

* Cable news has really botched their coverage of Little Sisters. For example, if you think Obamacare requires religious institutions to offer coverage for contraception, then you’ve been duped. [Constitutional Accountability Center]

* To shake things up, let’s check out a defense of stop-and-frisk policies. If a society isn’t prepared to pay for police protection, it’s likely to find cops resorting to these sorts of short cuts. [Voice of San Diego]

* Musings on Staci’s recent piece on law firm client service and/or arrogance. [Law and More]

* A Little League coach is suing one of his players for $600,000. Something tells me a reboot of Bad News Bears would end exactly like this. Video of the story from local news channel KCRA embedded below…. [Deadspin]

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* 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]

The Michigan Legislature recently passed the “Abortion Insurance Opt-Out Act” into law. Under the new law, women and employers must buy an optional insurance rider for abortion coverage. Abortions will only be covered without a rider if the mother’s life is in medical danger. The law also specifically allows for the treatment of miscarriages and ectopic pregnancies.

Detractors referred to the bill as requiring “rape insurance.” Michigan Senate Minority Leader Gretchen Whitmer (D – East Lansing) said, “This tells women that were raped and became pregnant that they should have thought ahead and planned for it.”

If there were such a thing as rape insurance, I surely would buy it. What woman (or likely future prison inmate) wouldn’t? No, this is abortion insurance, not rape insurance.

What the opponents of the new Michigan law seem to conveniently overlook when choosing their inflammatory and misleading rhetoric: (1) Abortion does not fully, meaningfully address the harms of rape. (2) Rape does not necessarily, or even usually, involve abortion. (3) Foreseeing an individual need for abortion insurance does not require extraordinary foresight. But let’s look a little more closely at what’s going on in Michigan . . . .

double red triangle arrows Continue reading “Do Women Need ‘Rape Insurance’?”

Debrahlee Lorenzana

[S]he got nerve damage. What’s unusual about that? Sometimes they screw up.

Frank Panetta, lawyer for Debrahlee Lorenzana, issuing comment on the buxom beauty’s latest lawsuit against Quest Diagnostics. She’s now claiming that she suffered “serious and severe permanent injuries” after getting her blood drawn.

(You may remember Ms. Lorenzana from her lawsuit against Citigroup, in which she alleged that she was let go for being distractingly attractive.)

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