Labor / Employment
What do these trends mean for lawyers in different specialties and at different seniority levels?
A federal judge professes ignorance of an infamous hand gesture.
Biglaw bonuses this year were insane. In an industry that usually plays “follow the leader” when it comes to associate bonuses, this year felt more like a poker tournament.For a full recap of the 2014 bonus season, fill out this brief form and receive ATL’s Biglaw Bonus Poker infographic.
How can you ward off an allegedly lecherous colleague? Here’s one idea.
What are the latest developments in this high-profile and salacious case?
The day of reckoning is here for a partner accused of egregious sexual harassment.
* In protest, the NYPD has adopted a policy of only making arrests “when they have to.” Shouldn’t that have been the policy all along? Maybe this petulant protest is a good thing after all. [New York Post]
* Michigan banned college athletes from unionizing. Which makes sense because this is an amateur activity that couldn’t possibly afford to pay the students taking risks on the field. In other news, on the exact same day the state of Michigan agreed to pay $5 million a year to the guy who will yell at those same kids. [M Live]
* Do you want a Bryan Garner Bobblehead? For charity? Of course you do. [Law Prose]
* Boies Schiller steps into the Octagon. [Yahoo! Sports]
* Lawyers are sneaking religion into court much more frequently these days. [What About Clients?]
* The D.D.C. declined to enjoin Abd Al Rahim Hussayn Muhammad Al Nashiri’s military commission trial. Professor Vladeck thinks this decision is dumb. [Lawfare]
* While we’re on the subject of law professors dissing dumb legal arguments, Professor Barnett has some real problems with Nebraska and Oklahoma trying to use Raich to sue Colorado. [The Volokh Conspiracy / Washington Post]
* Why the f**k should you care about net neutrality? Here’s why:
* New Jersey’s new tort liability ruling is an important first step to a real-life Hunger Games. [The Legal Blitz]
* A holiday shopping guide to beer and wine involved in intellectual property disputes. Clever. [Trademark and Copyright Law Blog]
* “There’s an app for that!” Lawyers create “Driving While Black” app for your smartphone. [The Oregonian]
* Speaking of Oregon, the University of Oregon is in the midst of a teaching strike that not only impacts its football team, but caused an immigration law issue when statements the school made were interpreted as threats to the immigration status of foreign teachers if they joined the strike. [Daily Nous]
* According to Dean LeDuc, Thomas M. Cooley Law is sad that it failed to sell the Mason Temple building in downtown Lansing to the state senate. Except there’s not really any mention that the state senate was ever interested. Perhaps their interest was reported by the same people behind the Cooley Rankings. [Lansing City Pulse]
* New OSHA rules a-comin’. [Lawyers, Guns & Money]
How many legal professionals from Bingham are being allowed aboard the Morgan Lewis lifeboat — and on what terms?
* First the cheerleaders went after their employers in wage and hours suits. Now strippers. And the strippers are winning. [Slate]
* Prince Harry’s ex, Chelsy Davy, has left her Biglaw gig as an Allen & Overy associate. So that’s what happens when you lose the real-life version of I Wanna Marry Harry. [Legal Cheek]
* Despite the shrill response on cable news, President Obama’s executive action on immigration will be totally legal. [New Republic]
* DOJ seeks to disqualify anyone who knows about all the DOJ’s misconduct. Clever trick! [New York Observer]
* If you’re doing contract work, you could stave off the boredom or you could go the failed mobster route and be a rat. [Law and More]
* Somewhere along the line, obvious puffery turned into false advertising suits and it’s costing some companies big bucks. [Corporate Counsel]
* The latest in litigation financing: crowdfunding your lawsuit. [TechCrunch]
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* When Loretta Lynch still worked at Hogan & Hartson (now known as Hogan Lovells thanks to a merger), her colleagues described her as a warm person without “a political bone in her body.” That said, best of luck to her in D.C. [National Law Journal]
* The D.C. Circuit upheld the Affordable Care Act’s contraceptive opt-out plan for religious employers, but since “[t]he court is wrong,” we can count on a at least a few organizations that’ll refuse to comply. Gee, thanks a lot, Obama. [WSJ Law Blog]
* Some call the latest Biglaw tie-up “law-firm Darwinism,” but hey, “[i]t’s not like [Bingham’s] a wounded gazelle and we are pouncing on them,” says a too coy Morgan Lewis lawyer. [Philadelphia Inquirer]
* Fashion law may be a $985 billion global industry, but only five law school courses on the topic exist in the U.S. Why? “There’s no defensible reason except that fashion is perceived as a frivolous subject.” [AFP]
* This woman plans to appeal a $1 billion divorce settlement award because it’s not “fair and equitable.” In her defense, she did get a very small percentage of her ex-husband’s multibillion-dollar wealth. [People]
* Wage and hour laws have never been so sexy: Thanks to this court ruling, Rick’s Cabaret is going to have to make it rain on thousands of strippers to the tune of more than $10 million. [New York Times]
Why do general counsel love blogs so much, and what do they look for when reading blogs?
In other words, non-compete are not intended to keep 18-year-old delivery drivers from seeking employment. Yet that’s exactly how bread and meat purveyor Jimmy John’s uses them.
After suing Biglaw for overtime and losing, a contract attorney is now living out of his car.
* Clearly we’ve got some problems, Cleary: Following Argentina’s default, the country is being advised to drop the law firm that said it was a good idea to default in the first place. [The Guardian]
* Lawyers have been flocking to Ferguson, Missouri, left and right to serve as “the eyes and ears of those who protect and guarantee civil rights.” That’s nice, but it’s kind of not working. [National Law Journal]
* “I really don’t know how the people who work there can keep a sense of sort of personal dignity.” American Law plunged in the rankings because of its “dubious employment prospects.” Ouch. [Washington City Paper]
* In case you’ve been wondering what the NFL’s response to all of the cheerleader wage-and-hour complaints are, here it is: “Labor law? LOL. The NFL is immune from state labor law.” [NBC Bay Area]
* Apparently there’s a national court-reporting championship that the world has been missing out on — until now. There was a major upset this year, and a new winner was crowned. Congrats! [WSJ Law Blog]
* In this summer’s Biglaw lawsuitpalooza, real estate and conflicts took the lead as headliners. Poor Boies Schiller had double the trouble when it came to ethics complaints. Ouch. [Am Law Daily]
* New Jersey taxpayers owe Gibson Dunn & Crutcher about $6.5 million thanks to Governor Chris Christie’s Bridgegate scandal. Thanks for the pain in our pocketbooks, chief. [Daily Report (reg. req.)]
* “It’s been a minor inconvenience to us, but of course I don’t like somebody hijacking my name and using it to hurt someone else.” Two Florida law firms are investigating why someone sent out 42 anonymous state bar complaints against one firm using the other firm’s mailing address. [Orlando Sentinel]
* Charleston School of Law is starting a new academic year with even more confusion than it was in last year, considering that its InfiLaw buyout is in a state of flux. Maybe that’s a good thing. [Post and Courier]
* Three ex-Lingerie Football League players have filed class action suits against the club, alleging minimum wage law violations. Come on, pay these half-naked athletes a living wage. [National Law Journal]
Text messages, once the exclusive domain of teenagers and college students, are increasingly used in business communications. These communications are, unsurprisingly, also discoverable in a wide variety of litigation contexts, from employment lawsuits to products liability actions. Most importantly, courts, such as the Eastern District of Louisiana in U.S. v. Mix (United States v. Mix, 2013 U.S. Dist. LEXIS 146848)and the District of Colorado in Christou v. Beatport, LLC (Christou v. Beatport, LLC, 2013 U.S. Dist. LEXIS 9034), have issued sanctions against litigants who have failed to preserve text messages.