* The triple-dog dare: a technique employed to show off how just efficient American democracy is, or something that’s just so ridiculous it might work in the Senate when it comes to judicial filibusters for appeals court nominees. [New York Times]
* If the Supreme Court were to strike down Section 5 of the Voting Rights Act, the Obama administration has a plan in the works from the last time they thought the Supreme Court was going to strike down the very same section. [Huffington Post]
* It takes more than one legal memo to justify the killing of an American overseas — just ask the guys from the DOJ’s Office of Legal Counsel who rationalized the drone strike against Anwar al-Awlaki. [New York Times]
* Remember the Winston & Strawn stealth associate layoffs of 2012? Those weren’t layoffs, silly. They just left “because of reduced demand for junior lawyers.” Also, we have a bridge to sell you in Brooklyn. [Am Law Daily]
* If you’re not satisfied with your law degree after failing the bar exam, don’t worry, we’ve got a money-back guarantee. We’ll give you back 8.9% of your three-year tuition. It’s better than nothing! [National Law Journal]
* Meanwhile, if law school were only two years long instead of three, then perhaps a money-back guarantee would actually mean something. For now, it’s just one big public relations stunt. [Pittsburgh Post-Gazette]
* Joseph Kelner, plaintiffs’ attorney in the Kent State suit and lawyer for Bernie Goetz, RIP. [New York Times]
* President Barack Obama recently nominated two attorneys for the Federal Circuit who are being referred to as “noteworthy” because of their ethnicity (Asian American) and sexual orientation (openly gay). Let’s hear three cheers for diversity! [Blog of Legal Times]
* Dewey & LeBoeuf and Howrey have something in common aside from going down in a gigantic ball of flames that rocked Biglaw as we know it. Both firms’ fine art collections will soon be auctioned off by Adam A. Weschler & Son Inc. [WSJ Law Blog (sub. req.)]
* There’s nothing like acting like the product you’re selling: MGA, the maker of Bratz dolls, would like to have Orrick’s $23 million arbitration award vacated because paying your legal bills is so passé. [The Recorder]
* We briefly noted California’s new bar passage mandate for state-accredited schools here, but now a law school is suing over it, claiming the bar examiners are “waging a vendetta” against it. [National Law Journal]
* The NCAA wants to get Pennsylvania Governor Tom Corbett’s suit over PSU’s Sandusky-related penalties tossed, with a harsh reminder that hurt feelings have absolutely nothing to do with antitrust law. [Bloomberg]
[UPDATE: Hm...well it looks like everyone in D.C. (including Feinstein herself yesterday) was wrong. So she's sticking with her Intelligence chair. This assignment now becomes something of a "what might have been" exercise) Query: what changed? Why would Leahy not take Appropriations? Was he worried about turning Judiciary over to the more conservative Feinstein?]
Daniel Inouye, the second longest serving Senator in history, died on Monday. Inouye had represented the state of Hawaii in Congress as either a Representative or Senator since… well, forever. Inouye took office the day Hawaii became a state and never stopped. He was also an undisputed badass who wasted a German machine gun nest by prying a grenade from his own partially severed arm and throwing it at a guy trying to kill him! This was a more impressive response to having your arm severed that I would have.
But with the loss of Inouye, the Senate has to find a new chair for the powerful Appropriations Committee. Since the Democrats run on strict seniority, noted Batman enthusiast Patrick Leahy of Vermont jumped at that plum assignment.
And here’s where this all comes back to the law. By taking the Appropriations gig, Leahy had to forfeit his role as chair of the Judiciary Committee. Enter Dianne Feinstein, who will take over as the shepherd of the country’s legal policy making for the next Congress.
* In a move to “end the vacancy crisis,” one week after being reelected, and one day after the Senate returned to session, Barack Obama nominated seven people for open seats on federal district courts, including two S.D.N.Y. slots. [Blog of Legal Times]
* Dewey know how much the Los Angeles Dodgers will have to pay the now defunct firm for its work on the team’s Chapter 11 bankruptcy case? About $13M — the equivalent of their pitcher’s salary, or 62% of their first baseman’s pay. [WSJ Law Blog]
* Which Biglaw firms in the Am Law 200 are the most LGBT friendly? Overall, of the 145 firms that participated in the Human Rights Campaign’s survey, 71 received perfect scores. Absolutely fabulous! [Am Law Daily]
* The American Bar Association’s Task Force on the Future of Legal Education wants to know what should be done about law schools. This is a time to keep it simple, stupid: change EVERYTHING! [National Law Journal]
* The New York Court of Appeals invoked the Major Disaster Rule for the first time ever, allowing out-of-state attorneys to perform pro bono services for Hurricane Sandy victims. [Thomson Reuters News & Insight]
* William Adams, the Texas family court judge who got caught beating his daughter, returned to the bench yesterday after a year-long suspension. At least he won’t get physical abuse cases, anymore. [Fox News]
* John Coffey, Senior Status Judge of the Court of Appeals for the Seventh Circuit, RIP. [Journal Sentinel]
* Happy Blogiversary to… us. Above the Law turned six years old last week. In blog years, that’s like 100. I think we should put that on the masthead: Above the Law, Established circa 1912. In any event, thanks to all of our loyal readers who have been here from the beginning. Click on the link to take a look at how it all began. [Above the Law]
* Family claims they were kicked off a flight because the airline didn’t want their child with Down Syndrome sitting in first class. If they win, I think they are going to be able to afford a lot of first class flights in the future. [The Consumerist]
* Obama is going to have more judicial vacancies after his first term than he inherited from Bush. Part of the problem is that conservatives know how important the courts are and move to obstruct the President at every opportunity. Part of the problem is that progressives don’t seem to understand how important this issue is. [Boston Review]
* I hope many of you spent your Labor Day not feeling bad about having no paid labor. [The Onion]
* I do not rule out the possibility that the who pretend to be concerned that affirmative-action “hurts” minorities are the biggest goddamn hypocrites on the face of the Earth. [Accuracy in Academia]
* Don’t get me wrong, affirmative-action is so going down this upcoming term. There might be suitable alternatives in its place. I’m just finding it funny how some people are so outraged by this one program that allows colleges to “consider” race while developing their class. I can’t imagine how people would react if there was an inherent racial preference in American society for four hundred years. [SCOTUSblog]
* What happens if a Supreme Court clerk violates the Code of Conduct and leaks information to the press at the behest of a justice? At worst, he’d probably be forced to wash dirty socks from the SCOTUS morning exercise class. [National Law Journal]
* “[T]he great expectations when he was elected have not come to fruition.” Making judicial nominations wasn’t a high political priority, so President Barack Obama will be ending his term with just 125 lower-court appointments in the federal judiciary. [New York Times]
* If there’s anything that Paul Ryan’s good at, it’s soliciting money from lawyers and Biglaw firms. Alston & Bird tops the list of legal campaign contributors, with Patton Boggs in a close second. [Am Law Daily (sub. req.)]
* Apparently the female reproduction system shuts down to prevent conception upon rape. This improbable tidbit from a man who sits on the House Committee on Science, Space, and Technology. [Wall Street Journal]
* But a great way to take some of the heat off of the “legitimate rape” dude is to break news about another Congressman’s nude swim in the Sea of Galilee while in Israel. Excellent work on this distraction. [POLITICO]
* What crisis? Despite a steep decline in applicants, the average law school’s tuition will climb by more than double the rate of inflation this fall. It’s really heartwarming how they put students first. [National Law Journal]
* Customs agents in Los Angeles seized 20,457 pairs of faux Christian Louboutins that would’ve been worth approximately $18M. For this heinous crime of fashion, the offending shoes will undergo a trial by fire. [CNN]
* Karma sure is a Blitsch. Matthew Couloute, the alleged lawyerly Lothario who got slammed by his exes on LiarsCheatersRUs.com, is now being slammed by someone else: his soon-to-be ex-wife. [New York Post]
* Beauty school dropout, no pube hair trimming days for you! Seventeen female plaintiffs have alleged that a cosmetology instructor subjected them to less-than-sanitary lessons in a federal suit. [New York Daily News]
[L]aw schools are questioning whether or not they are teaching students the right way, and it seems to me that the bench and the bar can engage in serious discussions with the law schools to advise them whether or not, say for the next 20 years… they have the proper approach for teaching those who will soon be the trustees of the law as active practitioners. That is urgent.
It’s surprising that Watford’s nomination was so contentious, given that he has a number of backers from the right side of the aisle. As noted by the San Francisco Chronicle, “[h]is supporters included conservative UCLA law Professor Eugene Volokh, who has described Watford as brilliant and ideologically moderate, and attorney Jeremy Rosen, former president of the Los Angeles chapter of the conservative Federalist Society” (and a noted appellate lawyer, who has appeared before in these pages).
That’s not all. Watford clerked for Chief Judge Alex Kozinski, one of a handful of prominent conservative or libertarian judges on the (generally liberal) Ninth Circuit. If you look at the ranks of former Kozinski clerks, you’ll see many members in good standing of the vast right-wing conspiracy (and some who are not, like Paul Watford — who went on to clerk for Justice Ruth Bader Ginsburg, and was nominated to the Ninth Circuit by a Democratic president).
Now that the handsome Watford has joined his superhottie boss on the bench, we have a trivia question: Who is the circuit judge with the most former law clerks to join him on the Court of Appeals during his lifetime?
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.