James Comey

  • Morning Docket: 01.07.20
    Morning Docket

    Morning Docket: 01.07.20

    * The Florida Bar has disbarred an attorney for not responding to notices because she had passed away. Guess they don’t want her practicing law in the afterlife…. [Miami Herald]

    * The leader of the NXIVM cult has hired a new lawyer who previously worked for Bill Cosby. [Times Union]

    * Former FBI Director James Comey believes that Joe Biden’s incoming Attorney General should not investigate President Trump. [Fox News]

    * Kim Kardashian has apparently been consulting with a divorce lawyer since the summer of 2020. [US Magazine]

    * The South Dakota Bar Association is cautioning attorneys against counseling clients on cannabis-law issues. Their arguments seem “half baked”… [San Francisco Chronicle]

  • Morning Docket: 10.21.19
    Morning Docket

    Morning Docket: 10.21.19

    Ed. note: Please welcome Jordan Rothman to Morning Docket duty here at Above the Law.

    * UNLV Law paid James Comey $54,000 for a speech and a stay at the Bellagio. It sure pays to get off the government dole. [Nevada Independent]

    * A Rutgers student was arrested for sending a threatening email to law students and staff —looks like someone needs a refresher on true threats law. [Northjersey.com]

    * The Justice Department is distancing itself from Rudy Giuliani… this was kind of expected. [New York Times]

    * The Indiana Attorney General faces a disciplinary hearing today over allegations he groped four women at a bar last year. [The Hill]

    * Netflix is fighting back against a lawsuit aimed at blocking its film on the Panama Papers. Meryl Streep shall not be silenced! [The Guardian]

    * A Florida judge has temporarily blocked a law making it harder for ex-felons in that state to vote. [New York Times]

  • Morning Docket: 01.14.19
    Morning Docket

    Morning Docket: 01.14.19

    * In this bombshell report, it was revealed that almost immediately after President Trump fired former FBI director James Comey, the agency launched a criminal and counterintelligence investigation into whether Trump was working on Russia’s behalf. No collusion? [New York Times]

    * “They’re not God, after all. They could be wrong.” Meanwhile, Rudy Giuliani says the president’s legal team should be allowed to “correct” special counsel Robert Mueller’s report before anyone else gets to read it, including members of Congress. [The Hill]

    * Uh-oh… The longer the government shutdown continues, the longer certain practice areas are going to be in limbo. In fact, law firms “might see a dip [in billable hours] in the first quarter, depending on how much longer this goes on.” [American Lawyer]

    * “If a school can’t get enough of its students to have a high enough pass rate, then there’s a problem.” The ABA is again pushing for a 75 percent bar pass rate within two years of graduation for a school to retain its accreditation. [Wall Street Journal]

    * Joshua Davis, the lawyer who sued Ticketmaster over tickets he purchased to see “Hamilton” on the wrong day due to a tech glitch, got a quick settlement out of the ticket broker — and now he won’t miss his shot to see the show. [Texas Lawyer]

    * Patricia Wald, the first woman appointed to the D.C. Circuit, RIP. [Washington Post]

  • Morning Docket: 12.04.18
    Morning Docket

    Morning Docket: 12.04.18

    * Eric Trump has decided to go after George Conway and proves he’s every bit as effective a defender of his father that The Onion makes him out to be. [Washington Post]

    * Today is E-Discovery Day, so tune in for a huge day of educational programming about the electronic discovery space. [E-Discovery Day]

    * As his client prepares to testify before the body on a naked political stunt new subpoena, Dechert partner David Kelly trolls the House Judiciary Committee for wasting everyone’s time and money on the empty Benghazi investigation. Biglaw trash talk is the best trash talk. [Washington Examiner]

    * After kicking off the year under investigation for enabling domestic violence for years, Ohio State coach Urban Meyer is retiring meaning we will no longer have to suffer through sports reporters praising his “resilience” in succeeding after being caught in a scandal of his own making. [ESPN]

    * Cleary joins other DC firms in swapping real estate. Hopefully, no one will ever have to suffer from street performers ever again! [National Law Journal]

    * Avvo’s former CLO is now in the cosmetic surgery game. Why do these seem like strikingly similar industries? [Corporate Counsel]

    * As sure as the rising sun, Marriott faces multiple lawsuits over its massive data breach. [Law360]

    * Remember to RSVP for next week’s Above the Law Holiday Party. [Above the Law]

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  • Morning Docket: 12.03.18
    Morning Docket

    Morning Docket: 12.03.18

    * Young lawyers in Australia are fighting back against Biglaw hours expectations because these snowflakes don’t realize that chronic sleeplessness and callously sacrificing relationships with friends and loved ones builds character! [The Guardian]

    * Comey has reached a deal with the lame duck House committee. He’ll still testify in a private hearing, but he’ll be given a transcript after the fact. Good plan, it’s not like he’s been screwed over by this committee before. [National Law Journal]

    * Trial begins tomorrow to decide the limits to good faith Nazis dealings. [The Recorder]

    * Authorities recommend indicting Benjamin Netanyahu. It’s like there’s a country out there where political leaders are held “accountable” when they break “the law” which just seems weird. [Associated Press via Huffington Post]

    * The winners of the annual Data-Driven Lawyers Award. [Law360]

    * People can’t give money to litigation financiers fast enough. [American Lawyer]

    * Apparently Alan Dershowitz is still working for Jeffrey Epstein. [The Week]

  • Morning Docket: 11.30.18
    Morning Docket

    Morning Docket: 11.30.18

    * Senator Tim Scott has effectively killed the district court nomination of Thomas Farr. At this point, the administration could just grab another name out of the hat of tons of nominally qualified North Carolina Republicans. But instead they’ll just wait until the next session and redo this whole thing with their newly expanded majority to own the libs. [Courthouse News Service]

    * It looks like Trump may actually be zeroing in on a new AG. [CNN]

    * The tech industry expects federal data privacy legislation next year. I don’t know if these people have noticed, but it’s unclear this upcoming legislature could pass a National Ice Cream Day resolution. [Corporate Counsel]

    * Former FBI chief James Comey is moving to quash a lame duck House subpoena. Comey’s publicly declared that he’s happy to testify before the committee in a public hearing. But, as you might imagine, the House Republicans don’t want a public hearing where they won’t be able to spin what happens. [Reuters]

    * While everyone’s predicted the death of the billable hour, it turns out that the antiquated billing mechanism has an unlikely defender: the clients. [Law360]

    * The new tax law will completely screw up divorces. Add that to the overseas manufacturing incentives as something Trump probably didn’t realize when he dropped this dud of a law on the country. [Fox17]

    * Firms could get slapped with malpractice over substance abuse or poor mental health. [New York Law Journal]

  • Morning Docket: 11.26.18
    Morning Docket

    Morning Docket: 11.26.18

    * In an effort to bypass the decisions — and injunctions — of lower appellate courts, the Trump administration has taken the “highly unusual step” of asking the Supreme Court to issue a ruling on its transgender military ban. [USA Today]

    * In other news, the Trump administration has reportedly struck a deal with Mexico that will completely overhaul our asylum system so that seekers will have to Remain in Mexico (the plan’s eloquent name) while their cases move through our courts. [Washington Post]

    * Sorry, but you’re not “immune” to this one: A New York judge has asserted jurisdiction over Donald Trump in a lawsuit brought by AG Barbara Underwood against the Trump Foundation, the president, and three of his children. [NPR]

    * “We shouldn’t be in this position where the future of certain policies turn on whether this old woman is healthy or not.” The Supreme Court’s future is resting on Justice Ruth Bader Ginsburg’s health, and people are starting to get nervous. [The Hill]

    * “Let’s have a hearing and invite everyone to see.” Former FBI director James Comey says he’ll fight a subpoena to testify privately before the House Judiciary Committee if for no other reason than because he wants the world to know what happened. [CNN]

    * In case you missed it amid this year’s bonus frenzy, senior associates at top-tier Biglaw firms taking in $465K are now making more in total compensation than partners from at least a dozen Am Law 200 firms. Ouch. [American Lawyer]

  • Morning Docket: 11.21.18
    Morning Docket

    Morning Docket: 11.21.18

    * President Trump pardoned two turkeys yesterday with a stern warning that “House Democrats are likely to issue them both subpoenas,” and that he couldn’t “guarantee that [their] pardons won’t be enjoined by the Ninth Circuit” since it “[a]lways happens.” [NBC News]

    * In case you missed it, and we’re pretty sure that’s exactly what was intended here given the timing, President Trump submitted written answers to special counsel Robert Mueller’s questions regarding Russian interference with the 2016 election. [Washington Post]

    * That’s our Trumpy! He also wanted to order the Justice Department to prosecute his 2016 opponent Hillary Clinton and former FBI director James Comey, and reportedly only backed down when he heard he could be impeached. [New York Times]

    * Biglaw partners are leaving their firms to become judges, and it’s because ex-White House counsel Don McGahn picked people just like him — “traditional, conservative, blue-ribbon, white-shoe law firm lawyers” — to fill vacancies. [American Lawyer]

    * Retired Justice Anthony Kennedy, a staunch defender of LGBT rights who helped keep a woman’s right to choose legal, will receive a Lifetime Achievement Award from the American Lawyer next month. Congratulations, Your Honor! [American Lawyer]

    * Seattle University School of Law has suspended its externship program with ICE after students signed a petition stating that the agency goes against the school’s mission to “empower[] leaders for a just and humane world.” [Seattle Times]

  • Non-Sequiturs: 05.20.18
    Non-Sequiturs

    Non-Sequiturs: 05.20.18

    * After issuing a TRO to a block a political ad attacking his own allies and campaign donors — “almost certainly an unconstitutional prior restraint,” in the words of First Amendment guru Eugene Volokh — Judge Doug Martin of Arkansas (finally) recuses himself. [Daily Caller]

    * Jim Comey’s bestselling book (affiliate link) could cause complications for Robert Mueller and his investigation, according to Joel Cohen. [Law and Crime]

    * Which state solicitors general appear most frequently before the Supreme Court? Not surprisingly, Scott Keller of Texas leads the pack, but check out Adam Feldman’s list for other notable names. [Empirical SCOTUS]

    * Jean O’Grady shares my admiration for the late Tom Wolfe — and even corresponded with the acclaimed author. [Dewey B Strategic]

    * Too few people are willing to take ownership of change — and this is a big problem, as Greg Lambert explains. [3 Geeks and a Law Blog]

    * John Fund asks: has the American Law Institute (ALI) strayed from its mission of describing the law and into advocating changes in the law instead? [National Review]

    * What is “Old Tweet Syndrome,” and is there a cure for it? Charles Glasser makes a diagnosis. [Daily Caller]

    * Adam J. White wonders: Does the Solicitor General’s request for more time to file its reply to Sierra Pacific’s cert petition in the “Moonlight Fire” case suggest that the Justice Department might confess error? [Weekly Standard]

    * If you’ll be in Chicago on June 8, please consider coming to the twelfth annual dinner of the Richard Linn Inn of Court, where I’ll be speaking — hope to see you there! [Richard Linn American Inn of Court]

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  • Morning Docket: 04.20.18
    Morning Docket

    Morning Docket: 04.20.18

    * Welcome Rudy Giuliani to the Trump legal team. Reminder that the last time he offered Trump legal advice he inadvertently built the strongest case against the travel ban, so this should go well. [CNN]

    * Overshadowed by the Rudy announcement, Trump also hired married Miami duo Marty and Jane Serene Raskin. They’re actually competent criminal defense attorneys, so I don’t expect them to last long. [McClatchy]

    * Alexander Hamilton earns honorary degree from Albany Law School. Upon learning he’ll have the same degree as Megyn Kelly, Hamilton decided Aaron Burr might have done him a favor. [Law.com]

    * Officials have moved the “Fearless Girl” statue citing “safety” though the fear of a completely frivolous lawsuit from the sculptor of “Charging Bull” may be the real culprit. So a woman took a bold stand and will therefore be shuffled off to another office out of the way… that may be the most iconic depiction of Wall Street yet. [Dealbreaker]

    * In the wake of the horrific Larry Nassar cover up, Michigan State’s GC Robert Noto nabbed $436000 in severance pay. Because accountability is important. [Corporate Counsel]

    * James Comey keeps receipts. [Huffington Post]

    * If you’re looking for your daily dose of wackiness, here’s a $100M lawsuit from Jason Lee Van Dyke against the man trying to get him disbarred. [Daily Beast]

    * Chuck Schumer’s going to introduce a bill to decriminalize marijuana. Because it’s 4/20. Chuck Schumer is making 4/20 jokes now. [NPR]

  • Morning Docket: 12.04.17
    Morning Docket

    Morning Docket: 12.04.17

    * This weekend was full of huge news in Trumpland. Following Michael Flynn’s guilty plea, President Trump tweeted that he fired Flynn because he lied to the FBI. If you recall, Trump originally said that he’d fired Flynn because his former NSA adviser had lied to Vice President Pence. [New York Times]

    * Here’s why Trump’s shift is pretty important, according to Justice Department spokesman Matthew Miller: “Oh my god, he just admitted to obstruction of justice. If Trump knew Flynn lied to the FBI when he asked Comey to let it go, then there is your case.” [The Hill]

    * Slow your roll, prosecutors. President Trump is now saying that he never asked former FBI director James Comey to stop investigating Flynn, even though Comey testified to that version of events before Congress. Per Trump, it’s “[j]ust more Fake News covering another Comey lie!” [CBS News]

    * But wait, there’s even more! It seems that President Trump wasn’t the author of that tweet. Apparently it was written by one of his lawyers, John Dowd, who now says it was “[his] mistake” as he’s “out of the tweeting business” and “did not mean to break news.” [Washington Post; Axios]

    * Finally, in case you missed it, the Senate passed its version of the tax bill in the dead of night as it was still being written, with a 20 percent tax rate for corporations. Now, President Trump — the client who will never be satisfied — says that rate might go up to 22 percent. [CNBC]

    * Last, but not least, President Trump has endorsed accused child-toucher Roy Moore via tweet (obviously) for the Republican Senate seat that was left open by Attorney General Jeff Sessions. This has reached a whole new level of ridiculousness. [CNN]

    * In other news, CVS is planning to buy Aetna for $69 billion. We’ve not yet seen which law firms are representing the companies on the deal, but this is a move that could seriously change the way our health care system looks. (And as an aside, it could seriously change the way your EOBs look, since CVS is a fan of those absurdly long receipts.) [DealBook / New York Times]

    * Brock Turner, the former Stanford swimmer who served just three months in jail for sexually assaulting an unconscious woman, is now appealing, claiming that his trial was “fundamentally unfair.” Most would counter that raping an unconscious woman in the street is what’s really “fundamentally unfair,” but that’s neither here nor there. [NBC News]

  • Morning Docket: 11.20.17
    Morning Docket

    Morning Docket: 11.20.17

    * President Trump has added five names to his slate of judicial candidates to fill a nonexistent vacancy on the Supreme Court. Welcome aboard to Judges Brett M. Kavanaugh (D.C. Circuit), Amy Coney Barrett (Seventh Circuit), and Kevin C. Newsom (Eleventh Circuit), as well as Justices Britt C. Grant (Georgia Supreme Court) and Patrick R. Wyrick (Oklahoma Supreme Court). [New York Times]

    * Did Trump obstruct justice in the Russia probe? We may soon find out. Special counsel Robert Mueller has requested all manner of documents from the Justice Department related to the firing of former FBI director James Comey. [ABC News]

    * In other Trump-related legal news, rather than continuing to have his re-election campaign or the Republican Party foot the bill for his legal representation in the Russia probe, the president has officially started to pay his own legal tab. [Reuters]

    * Ohio Supreme Court Justice Bill O’Neill, who was considering running for governor, bragged about the fact that he’d been “sexually intimate with approximately 50 very attractive females.” After much backlash, he told his detractors to “lighten up” and offered a nonpology. He won’t be running for governor anymore. [Washington Post]

    * FCC Chairman Ajit Pai is about to pull the plug on net neutrality, and Americans are too distracted by Thanksgiving to care. Luckily for us, Commissioner Jessica Rosenworcel wants open hearings to take place before a vote is held. [Slate]

    * “Probation is a trap and we must fight for Meek and everyone else unjustly sent to prison.” In the wake of rapper Meek Mill being sentenced to up to four years in prison for violating his probation, Jay-Z is letting everyone know he’s got 99 problems and the way the criminal justice system treats minorities is one of them. [New York Times]