Health Care

A real 'Lewis' Vuitton?

* “At the Supreme Court, those who know, don’t talk. And those who talk, don’t know.” If that’s the case, then there must be a lot of people who “don’t know” — it’s rumored that the Court’s decision on Obamacare will be released today. [CNN]

* Dewey know what kind of news this week’s conference call will bring for the failed firm’s former partners? On Tuesday afternoon, we might get some information on the status of a global partner contribution plan. [WSJ Law Blog]

* Guys in my high school ambassadorial nominations pool used to have extramarital affairs with WSJ reporters all the time, it was no big deal. Obama still supports Brett McGurk, despite his racy emails. [Reuters]

* The $64,000 question in the Jerry Sandusky case: will the allegedly histrionic former football coach take the stand to testify in his own defense? He should, because apparently it’s his “only shot.” [Legal Intelligencer]

* Looks like Facebook decided to initiate the use of a proverbial “dislike” button when the company pointed the finger at NASDAQ in defense against dozens of lawsuits over its incredibly glitchy IPO. [New York Daily News]

* It’s actually possible to have an “offensive personality” as a matter of law: former prosecutor Kenneth “I Am the Prize” Kratz will plead no contest to six ethics violations for his sordid sexting scandal. [Associated Press]

* “Careful … that is a Lewis [sic] Vuitton.” It seems that at least one federal judge in Manhattan holds comedic value to a higher standard than our favorite fashion house’s trademark infringement claims. [Chicago Tribune]

* Loose lips may sometimes sink ships, but not all gossip is bad. After all, without gossip, your ATL editors wouldn’t be able to bring you some of the juiciest stories out there in the legal world. [New York Times]

I respectfully request that the Court allow the American public the opportunity to learn contemporaneously or near-contemporaneously how it resolved one of the most significant issues to come before it in many years. I urge the Court to provide live audio and video coverage of its announcement in the same manner it provides delayed audio recordings of oral arguments. At the very least, I ask for release of such a recording immediately after the announcement.

– a letter from the Reporters Committee for Freedom of the Press co-signed by 49 other media groups and addressed to Chief Justice John G. Roberts, imploring the Supreme Court to offer live audio access to the announcement of its opinion in the Patient Protection and Affordable Care Act case (aka Obamacare).

(As noted by Lyle Denniston on SCOTUSblog, the chances of this request being granted are “remote to non-existent.”)

It seems that Supreme Court clerks are having a moment right now. They’ve made the pages of New York Magazine. They’re getting profiled by Thomson Reuters. They’re being nominated for ambassadorships (before even hitting age 40). They’re the subject of a new book edited by Todd Peppers and Artemus Ward, In Chambers: Stories of Supreme Court Law Clerks and Their Justices (affiliate link; I have a review copy and am looking forward to reading it).

And why are SCOTUS clerks in the limelight? One reason is that they are privy to some serious secrets. The entire nation is eagerly anticipating the Obamacare decision — and they know how it’s going to come out.

No wonder a “no guests” policy has been instituted at the SCOTUS clerk happy hours. The pressure to keep the Obamacare secret — but also to spill it! — must be mind-blowing.

Some of the current clerks are married; do you think they’ve been able to resist telling their spouses? If a clerk goes out for drinks with friends and gets a little tipsy, might he spill the beans? If a clerk has brunch with her parents on Sunday for Father’s Day, and Dad speculates about how the case will come out, could the clerk’s telling facial expression reveal the ruling? [FN1]

If I were one of the Elect this Term, I’d never leave my apartment except to go to work, and I’d set my email auto-reply and voicemail greetings to say the following: “Please be advised that I will be completely unavailable — for in-person meetings, telephone conversations, or any other type of contact — until June 25, 2012. Thank you for your understanding.”

This brings us to today’s topic: the latest news in Supreme Court clerk hiring. Which lucky (and brilliant) young lawyers will find themselves at One First Street for October Term 2012?

double red triangle arrows Continue reading “Supreme Court Clerk Hiring Watch: The Justices Are Done for October Term 2012″


Justice Elena Kagan

Sounds like a dumb law.

– Supreme Court Justice Elena Kagan, commenting during her confirmation hearings on Senator Tom Coburn’s attempt to compare the Affordable Care Act to a hypothetical law requiring consumption of fruits and vegetables.

(Senator Coburn wondered if such a law would violate the Commerce Clause. In response, Kagan noted that “whether it’s a dumb law is different from … the question of whether it’s constitutional.”)

Most of the journalistic/legal world is on fire with excitement for the decision in the Affordable Care Act case. The New Yorker has a critical article on the not-yet-but-really-soon-to-be-issued decision and what it means for the Court. Time Magazine has a cover picture of Justice Kennedy — “The Decider” — a close-up so close you can see the lines in his bifocals. New York Magazine wrote about how frustrating it is that Supreme Court clerks don’t leak info so there would finally, for the love of all things holy, be something to report from the Court about the health care reform case.

Folks who don’t have press passes are also keyed up. I heard a rumor from one of my neighbors that the decision would come down this week! A friend of a friend told me that the health care reform case was in the bag for the conservatives. It’s like the finals in American Idol, but no one gets to text in their vote.

For weeks, the world has speculated and waited for an opinion. Each decision day for the past month the speculation has intensified. Each decision day a decision in Obamacare has not come.

What happened at One First Street today?

double red triangle arrows Continue reading “The Obamacare Opinion Will Be Disappointing”

If they overturn the whole thing, it’ll be like seeing your mother-in-law go over a cliff in your new Lexus.

Dr. Gerald Schall, an independent voter, speculating as to how the nation would react if the Supreme Court were to overturn the Patient Protection and Affordable Care Act.

A Biglaw firm gets screwed...

* Dewey have some novel issues for our bankruptcy lawyers, or what? As we noted last night, now that D&L has filed for Chapter 11, they’ll have to deal with bank debt, and bondholders, and possible criminal proceedings, oh my! [New York Law Journal]

* And did we mention that Dewey’s defectors and their new firms might get screwed out of millions thanks to the recent Coudert decision? You really should’ve tried to finish up your business before the firm flopped. [WSJ Law Blog]

* Our SCOTUS justices’ summer plans don’t include debating the results of their landmark health care and immigration cases. They’ll be off to fabulous destinations to teach by the first week of July. [Associated Press]

* A federal judge in Brooklyn doesn’t like what seems to be happening in the “game of grams” when it comes to mandatory minimum drug sentencing. Perhaps the DOJ will heed his call for reform. [New York Times]

* Facebook’s IPO was an epic fail, but it’s been great business for plaintiffs lawyers. Twelve securities class action firms are gathering leads and getting ready to sue, and two have already sued. [National Law Journal]

* This wasn’t exactly well planned: if you’re involved in state politics, it’s probably not a good idea to fake a legal internship with a state representative so that you can graduate from law school. [Concord Monitor]

* In happier news, a New York Law School graduate walked across the stage to receive her diploma with the help of her seeing-eye dog. The pooch hasn’t lifted a leg on her law degree… yet. [New York Daily News]

... and so do folks down under.

* “Brothels are never going to be a vote winner.” But even so, if you’re looking to get it in down under, a plan to build Australia’s largest cathouse may soon gain approval if lawyers are able to do their work quick and dirty. [Bloomberg]

* Thanks to this case, stupid teenagers in New Jersey who send texts to others that they know are driving can now revel in the fact that they can’t be held liable for injuries that may occur thanks to careless driving. [New Jersey Law Journal]

How... do you keep changing your race?

* Dewey seriously have one chairman again? Good Lord, this law firm is literally falling apart! Martin Bienenstock had “no plans to file bankruptcy” because he knew he was taking the first life raft off this sinking ship. [WSJ Law Blog]

* When Dewey WARN people? When it’s already too late. In case you missed it last night, the firm was served with its first suit following its en-masse layoffs. The more the merrier, because it’s a class action. [Bloomberg; WSJ Law Blog]

* Elizabeth Warren can’t decide whether she’s white or Native American. Apparently it depends on her geographic location, because she was white at UT Law, but a minority while at Penn Law. [Boston Globe]

* Racial profiling still ain’t easy, but Arizona Sheriff Joe Arpaio “will fight this to the bitter end.” The Department of Justice has filed a civil rights suit against the no-nonsense Sheriff and his department. [Associated Press]

* New Jersey Governor Chris Christie must be gearing up for his inevitable 2016 presidential run, because yesterday he vetoed an online insurance marketplace required by the Affordable Care Act. [New York Times]

* Syracuse Law recently broke ground on a $90M building that will serve as its new home. May political plagiarizers continue to grace the law school’s halls for years and years to come. [National Law Journal]

This past Friday, we broke the news of the troubled Dewey & LeBoeuf law firm issuing WARN Act notice to its employees. This federal law generally requires an employer “to provide notice 60 days in advance of covered plant closings and covered mass layoffs.”

That was Friday, May 4. Earlier this week, Dewey informed many support staff members that their last day of work would be this Friday, May 11. It then informed many associates that their last day of work will be this coming Tuesday, May 15. Both staffers and associates will be paid through the 15th and will have health insurance through May 31st.

My math skills have atrophied from disuse, but I am still capable of counting to 60. And it seems to me that Dewey did not provide its employees with 60 days notice of its mass layoffs.

So, Dewey have any WARN Act liability?

double red triangle arrows Continue reading “Dewey Have Any WARN Act Liability? Let’s Discuss”

Dewey & LeBoeuf's sign at 1301 Avenue of the Americas. (Photo by David Lat. Feel free to use.)

“Our catering service requires a credit card; client matter numbers no longer accepted. Seamless food ordering requires a credit card or a corporate card.”

“It’s not clear that we still have health insurance.”

“Dewey has cut off subscriptions, and expenses are no longer being reimbursed.”

“Everyone is pretty much packing up. Bankers boxes are on backorder in supplies.”

“Dewey is quietly removing the art from the walls. Perhaps it belongs to the creditors?”

These are some of the sad stories we’re hearing out of Dewey & LeBoeuf today. Let’s discuss the latest news and rumor coming out of the deeply troubled law firm….

Multiple UPDATES and new links, after the jump (at the very end of this post). The Dewey story is moving so quickly that we will do multiple updates to our existing posts instead of writing a new post every time there’s a little additional news to report. Otherwise half of the stories on our front page would be about Dewey, and there is other Biglaw news to report — e.g., the new profit-per-partner rankings from Am Law, salacious lawsuits against prominent D.C. law firms, etc.

double red triangle arrows Continue reading “Dewey Know What’s Going To Happen Next? Lawyers and Staff Face Uncertain Future”

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