The adage that law turns slowly does not hold in eDiscovery. This year saw unprecedented sanction awards for falling behind the curve. Courts did not hesitate to engage with advanced and nuanced technological issues. For lawyers and other eDiscovery professionals who plan on maintaining basic competence, these cases and trends shouldn’t be overlooked. For a full exploration of trends and developments in this area of case law, check out this on-demand webinar.
* Michigan will assume control of Detroit pursuant to the state’s controversial “Emergency Manager Law.” How controversial? Michigan voters went to the polls to repeal the law last year… and the legislature said no. There’s a fitting symmetry that a law that denies the democratic rights of the people exists only because the legislature trampled on the democratic rights of the people. [WXYZ]
* A Harvard Law grad opens an e-commerce lingerie startup. The hook for her bra business is in-home fittings. Perfect for the cross-dresser who hates prying eyes. [Forbes]
* Rutgers-Newark and Rutgers-Camden have announced that they will merge into a single law school named “Rutgers School of Law” effective Fall 2014. The new school accomplishes the important goal of removing the words “Newark” and “Camden” from promotional materials. [TaxProf Blog]
* Professor Eugene Kontorovich explains how Chief Judge Kozinski’s piracy ruling actually advanced the liberal causes of the Law of the Sea and expanding the scope of the Alien Tort Statute. Yeah, but it also doomed us to destruction if Captain Kirk can’t get his act together in this new timeline. [Volokh Conspiracy]
* The producers of The Bachelor may need better lawyers. After they settled a claim with blogger Reality Steve, barring him from contacting cast and crew for spoilers, he’s publishing spoilers again. Reality Steve’s defense? The settlement agreement was silent on the matter of cast and crew contacting him. Touché. Reality Steve wins a one-on-one this week. [IT-Lex.org]
* Sometimes you just need to call the other player’s bluff. Right-wing legislators in Utah loudly parroted talk-radio scripts calling for Utah to reject federal grant money. Democrats in Utah agreed and voted to reject federal grants. Then Republicans started to panic. [Utah Political Report]
* Jon Stewart calls for the drowning of legal journalist Peter Lattman for being a wizard. Video after the jump….
What does Cooley Law’s dean have to say about the school’s abysmal summer bar passage rates in Michigan?
The Michigan Bar Exam took test takers out to the woodshed…
* Martin Bienenstock, Dewey’s former bankruptcy head, offered some free legal advice to the firm’s bankruptcy advisers: “[P]lease get real about the unfinished business claims.” [WSJ Law Blog]
* In other interesting Dewey news, you’re never going to guess what Steve DiCarmine’s been doing since the firm went under. He of the orange skin tone is making it work at Parsons. [Am Law Daily]
* Remember Kenechukwu Okoli, the guy who slapped a Paul Hastings partner in the face during a depo and then sued him for assault? Yeeaah, that suit got dismissed. [Thomson Reuters News & Insight]
* NerdWallet has created an online law school comparison tool, but users will only get to choose from 50 schools, none of which are in the so-called U.S. News second tier. Guess they don’t think Cooley is the second-best school in the country. How rude. [Bucks / New York Times]
* Cecilia Gimenez, the woman from Spain who accidentally turned a fresco of Christ into a portrait of a monkey, is now seeking royalties from funds the church levied as entrance fees to see her “work of art.” [Telegraph]
* Bridget Mary McCormack, a candidate for Michigan’s Supreme Court, has a simple tip for putting together the best judicial campaign video ever: all you need to do is reunite the cast of The West Wing. Check it out….
* “I don’t think I should have to pay anything back, because I wasn’t part of the management that drove the firm into the ground.” Dewey know when it’s time to stop complaining, pay up, shut up, and move on? [DealBook / New York Times]
* Good news, everyone! According to the Citi Midyear Report, based on the first half of 2012, Biglaw firms may have trouble matching last year’s single-digit profit growth. You thought the worst was over? How embarrassing for you. [Am Law Daily]
* Apparently Andrew Shirvell didn’t do a very good job questioning himself on the stand, because the former Michigan AAG now has to shell out $4.5M in damages for defaming Chris Armstrong. [Detroit Free Press]
* Six of one, half a dozen of the other: Barry Bonds’s lawyers filed a reply brief in their appeal of his obstruction conviction, arguing that his statements were truthful but nonresponsive, as opposed to being misleading. [AP]
* “We’re crazy about sex in the United States. I call it ‘sexophrenia.’” The Millionaire Madam’s attorney had a nutty yesterday after a judge refused to dismiss a prostitution charge against his client. [New York Daily News]
* The opposite of a fluffer? Los Angeles officials seeking to enforce the city’s new adult film condom law are beginning a search for medical professionals to inspect porn shoots for compliance. [Los Angeles Times]
Take our quiz and test your knowledge of one of the most crucial aspects of legal tech: Ediscovery.
Don’t worry, you can scream at meter maids, it’s in the Constitution…
* “There’s no future in working for Dewey & LeBoeuf,” but maybe if the firm’s few remaining employees can hold on for a little while longer, then perhaps they’ll be able to take home some bonus cash. [Am Law Daily]
* Doctors in Arizona are trying to block part of a new law that makes it a crime for physicians to perform abortions after 20 weeks of pregnancy. Well, somebody wasn’t paying attention in Con Law. [Bloomberg]
* All it took was an investigation by the Michigan Judicial Tenure Commission to get this judge to change his tune and apologize for throwing a lawyer in jail for the crime of representing his client. [WZZM]
* What do recent law school grads think about Yale Law’s new Ph.D. program? Most aren’t willing to spend the time or money to “resolve [their] next career crisis by going back to school.” [U.S. News & World Report]
* Come on, you’re not the 99 percent. Clinic members from NYU Law and Fordham Law wrote a report criticizing the NYPD’s response to the Occupy Wall Street movement. [Thomson Reuters News & Insight]
* Wait, law schools are slow to adopt something that may benefit their students? What else is new? Corporate compliance classes are few and far between, even though they could get you a job. [WSJ Law Blog]
What result in the MacDonald v. Cooley Law class action suit over the school’s allegedly deceptive employment statistics?
Just when you think you’ve seen it all, another judge goes and pulls a Weiner. In case you haven’t heard, Wade McCree, a state judge from Michigan, has been accused of sending nearly-nude photos to a bailiff via sext message.
3rd Circuit, American Bar Association / ABA, Barack Obama, Biglaw, Constitutional Law, Federal Government, Free Speech, Guns / Firearms, Legal Ethics, Money, Morning Docket, Old People, Politics, Pornography
* Since you’re so funny, crack some jokes about this one, Obama. Senate Republicans will be filing an amicus brief in support of a challenge to the constitutionality of the President’s recess appointments. [New York Times]
* Thanks to this Third Circuit ruling, you can rest easy knowing that you can rely on the First Amendment to protect your homemade sex tapes from all of those strict porn record-keeping and labeling requirements… for now. [Reuters]
* Due to Kelley Drye’s EEOC settlement, the New York State Bar Association is asking firms to end mandatory retirement policies. Because old folks need to make bank till they croak. [Thomson Reuters News & Insight]
* The ABA’s Commission on Ethics 20/20 has decided to ditch its proposal to allow limited nonlawyer ownership of law firms. Cue tears and temper tantrums from the likes of Jacoby & Meyers. [Am Law Daily]
* “If I believe that Chris Armstrong is a radical homosexual activist, I have a constitutional right to express that opinion.” Yeah, yeah, yeah. Tell that to the judge who dismissed your suit, Shirvell. [Detroit Free Press]
* Presenting “her royal hotness”: apparently Pippa Middleton has been seen cavorting around France with gun-toting lawyer Romain Rabillard, of Shearman & Sterling. [Daily Mail]
But just a few weeks after winning our March Madness competition, Michigan Law actually did something really honest — the school released all of its employer statistics for the classes of 2009 – 2011. If that’s not transparent, we don’t know what is….
* Dear readers, legal pundits, regular pundits, and the public at large: Please stop with this nonsense of how Sandra Fluke should sue Rush Limbaugh. Because I swear to God, if you guys make me indirectly defend Limbaugh, I will wear you guys out like the dirty little sluts you are. [Politico]
* Which founding partner of a major law firm has abs of steel? [Dealbreaker]
* A ranking of top moot court programs. I wouldn’t be surprised if the schools that are best at moot court are the schools that spend the most time lying to their students about how there’s a single goddamn employer out there who cares about moot court. [TaxProf Blog]
* People think I hate cops, but I have nothing on Republicans in the Indiana House of Representatives. Those guys are such cop haters that they want to pass a law to make it okay to kill them if they enter your house. All I want is to be able to get away with saying “yo’ mama” if they try to falsely arrest you in your own home. [Recess Appointments]
* This legal assistant reminds me of what Lane Pryce might have said if he had been sacked for a job as a legal assistant. [Roll on Friday]
* Really, it’s the pro-death penalty crowd that wants us to be more like Communist China. [A Public Defender]
* Congratulations to the new leaders at Ms. JD. [Ms. JD]
* Michigan man sues movie theater for overpriced snacks. He’s not suing for amount they charge to see movies over the past atrocious season, he just wants to spend less while he’s sucking down Goobers and watching them. (One quick side note on the Oscars ’cause I was sick last week: F*** you, Academy of Motion Picture Arts and Sciences. Maybe they should re-release Margin Call with Zach Quinto replaced by a French mime so you guys might notice something at least 1% of this country cares about.) [Huffington Post]