Morning Docket

  • Morning Docket

    Morning Docket: 03.19.15

    * A Connecticut attorney was cited for dropping two ounces of weed on a courtroom floor, and he blames it on his client’s son. They were apparently going to stage an embarrassing intervention, but it was the attorney who wound up being embarrassed. [Hartford Courant]

    * While Charleston School of Law bides its time and attempts to resist a buyout from the InfiLaw System, the school has offered many of its existing faculty members buyouts. We’ll have more on this interesting development later today. [Charleston Post & Courier]

    * Pace Law is going to slash its tuition for incoming students with qualifying GPAs and LSAT scores to match the tuition of the in-state public law school of the student’s home state. Sorry, folks, but this tuition “fire sale” is only for new students. [WSJ Law Blog]

    * Hiscock & Barclay is “dating,” “not engaged,” and “not even close to to getting married” to Damon Morey. There may not be “anything close to official,” but this seems like the very hesitant precursor to an arranged marriage, if I do say so myself. [Buffalo Law Journal]

    * Per a recent study, the closer your law firm is to your law school, the more likely it is that you’ll make partner. In fact, it doesn’t even matter if you went to an elite law school — you’re still more likely to make partner if your alma mater is nearby. [New York Times]

    * Appalachian Law may be a “fourth tier” school, it may be much smaller than it once was, and it may have lowered its admissions standards, but you better believe the little law school that could is going to be just fine. Don’t stop believin’, Appalachian! [WCYB]

  • Morning Docket

    Morning Docket: 03.18.15

    * An Ohio attorney was charged with making bomb threats at two state courthouses, but only after he was indicted for allegedly making bomb threats at a third courthouse. Wow, it’s almost like this guy didn’t do his homework motions or something. [Northeast Ohio Media Group]

    * Loretta Lynch, our would-be replacement for Eric Holder as attorney general, still hasn’t been able to get confirmed, and the delay — which is being blamed on our Senate Majority Leader’s “inept leadership” — is now being referred to as “unconscionable.” Lovely. [CNN]

    * What’s happening at #ATLConverge today? Check out our Twitter feed! [Converge]

    * Earlier this week, Morgan Lewis combined with Singapore firm Stamford Law Corp. Effective April 1, ML&B will become one of the largest Biglaw firms in the world, rivaled only by the likes of Baker & McKenzie and Dacheng Dentons. [Philadelphia Inquirer]

    * More federal prosecutors are stepping down from their jobs and returning to their former Biglaw homes in private practice. Once you realize government work is a giant revolving door, soon enough, it’ll be your turn to leave. [Big Law Business / Bloomberg]

    * If you’re still making a decision about which law schools to apply to, you can use the U.S. News rankings to help yourself. In the alternative, you can use the ATL Top 50 rankings to see if you’ll be able to get a job after graduation. [Law Admissions Lowdown / U.S. News]

  • Morning Docket

    Morning Docket: 03.17.15

    * A ballsy decision dripping with prestige? It seems that a few too many students at Yale Law School requested access to their student admissions evaluation records under FERPA, so instead of handing them over, Yale deleted them. [New Republic]

    * Here’s some good news for women attorneys visiting clients in Massachusetts jails: you’ll no longer be forced to lift up your shirt and shake out your bra if your underwire makes the metal detector go off. Instead, you’ll get felt up a pat down. [Boston Globe]

    * According to early data culled for the Am Law 100 rankings, from revenue to profits per partner to revenue per lawyer, Winston & Strawn posted record financial results in 2014. Perhaps the days of no-offers and layoffs are long gone for this firm. [Am Law Daily]

    * Just because more people took the LSAT in February, it doesn’t mean that the law school crisis is over. It does, however, mean that law school administrators may soon be wishcasting the year-over-year growth of their first-year classes. [National Law Journal]

    * Rahul Gupta, the graduate student who used the tried and true “my girlfriend did it” defense during his trial for the fatal stabbing of a Georgetown Law student, was convicted on first-degree murder charges yesterday. He’ll be sentenced on April 16. [WJLA]

  • Morning Docket

    Morning Docket: 03.16.15

    * Last week in court, a murder suspect in Louisiana apparently pooped his pants during a case status hearing, wiped said poop all over his face, and muttered to himself that “life is like a box of chocolates.” Sorry about that crappy candy, dude. [New Orleans Advocate]

    * According to early Am Law 100 data, New York’s most elite and prestigious firms have once again broken away from the rest of the pack when it comes to both revenue and partner profits. Biglaw’s best may be back to models and bottles. [Am Law Daily]

    * Michelle Lee, the first woman to ever serve as director of the USPTO, was sworn in on stage at SXSW Interactive. Michelle Lee, who worked with the Girl Scouts to issue a patent patch (instead of more makeup and sewing patches), is pretty damn awesome. [Mashable]

    * The federal judiciary has plans to decrease the word limit of appellate briefs from 14,000 to 12,500, and lawyers are pissed. Lawyers from Brown Rudnick say it could result in more acronyms, confusing construction, and less “punctilious citation,” oh my! [WSJ Law Blog]

    * Lee Smolen, the ex-Sidley Austin partner who faked $69,000 in travel expenses while at the firm (and possibly $379K more), has been suspended from practice for one year and will have to undergo psychiatric treatment. [Legal Profession Blog via ABA Journal]

    * Taking New York’s lead, California is considering requiring all would-be attorneys in the state to complete 50 hours of pro bono work within one year of being admitted. Leave it to people who don’t know what they’re doing yet to close the justice gap. [Los Angeles Times]

  • Morning Docket

    Morning Docket: 03.13.15

    * Robin Thicke and Pharrell Williams will officially be appealing the $7.4 million “Blurred Lines” verdict that was handed down against them earlier this week. Both musicians were likely decidedly unhappy about having to give up their spare pocket change to pay for a lawsuit they thought they should’ve won. [Hollywood Reporter]

    * Another law school is teaching a marijuana law class, and it’s scheduled on Fridays so students won’t take it as a novelty course. For potheads, having to drag your ass out of bed when you don’t have other classes is a disincentivizer. [Columbus Dispatch]

    * After reaping the benefits of serving as lead counsel in Detroit’s bankruptcy, Jones Day decided to pay the city back by opening an office. The firm will recruit for the new office internally. Raise your hand if you’re excited to move to Detroit, associates. [Am Law Daily]

    * “I don’t know where he is. I haven’t got a clue.” Paul Ceglia, the man who claimed he owned half of Facebook based on a faux contract and is now facing fraud charges, has suddenly and conveniently disappeared ahead of his May trial. Dislike. [Bloomberg]

    * If for some reason you’re still interested in applying to law school, here’s a timeline that will help you get through the application process. Step 1: Figure out if you actually need to go to law school. Step 2: Abandon the rest of the steps. [U.S. News & World Report]

  • Morning Docket

    Morning Docket: 03.12.15

    * President Obama recently authorized a study into whether student loan debt should be dischargeable in bankruptcy. For now, any changes made to the bankruptcy code will likely apply only to private loans, so it looks like many law school graduates won’t be declaring bankruptcy any time soon. [Wall Street Journal (sub. req.)]

    * As we’ve mentioned numerous times in the past, the across-the-board drop in law school applications has inspired some law schools to do crazy things like shortening the length of time it takes to get a degree and lowering tuition. Hmm, more law schools should go crazy. [U.S. News & World Report]

    * In the wake of much criticism of its plan to eliminate the LSAT for some students to gain admission to Iowa Law, the school’s dean offers an explanation: it’ll help her school compete to attract students who would otherwise have gone to T14 schools. [The Gazette]

    * Even though law schools are in trouble, a legislator in Texas is still lobbying the state to subsidize the creation of a new law school in the Rio Grande Valley because he has a “hard time believing there are no jobs for attorneys out there.” [Cleburne Times-Review]

    * If you find that law schools aren’t reacting quickly enough to the crisis at hand, there are other options for you out there. While law schools implode as their tuition skyrockets, it seems that those who have fled the law are now trying to become engineers. [Quartz]

  • Morning Docket

    Morning Docket: 03.11.15

    * As we mentioned, U.S. News is giving law schools less credit for hiring their own grads. Rumor has it that a few schools would’ve done better in the rankings but for their high percentage of school-funded jobs. Which ones? [WSJ Law Blog]

    * Two students in the Sigma Alpha Epsilon fraternity from Oklahoma University were expelled after a video of their racist chanting was leaked online. Lawyers want to know: was their expulsion a First Amendment violation? [Volokh Conspiracy / Washington Post]

    * UC Irvine Law debuted on the 2016 U.S. News law school rankings at No. 30, missing Dean Erwin Chemerinsky’s goal of starting out as a Top 20 school. Not to worry, Dean, there are still ways to game the rankings. Keep your head up! [National Law Journal]

    * Don’t bother delaying your law school education just because the economy’s bad. The professors who told us that a law degree is worth $1 million think that its value will only drop by about $30K in times when unemployment is high. Yeah, okay. [ABA Journal]

    * The grisly murder of DLA Piper associate David Messerschmitt, who was found stabbed to death in a Washington, D.C., hotel, remains unsolved. Police are still searching for the “person of interest” who was seen on video from the hotel’s security camera. [Legal Times]

  • Morning Docket

    Morning Docket: 03.10.15

    * “While some argue that going to law school is still a safe bet, little evidence exists to support this position.” This law professor thinks law schools are in a “death spiral,” and that a “top” school may soon be in danger of closing. Uh oh! Which one could it possibly be? [Washington Post]

    * “Rascal was the perfect law student because he never missed a class. If Rascal was asked a question he never said ‘pass.'” In 1937, Samford’s Cumberland School of Law graduated its first and only dog. In 2015, dogs bark and howl at Samford because of its new U.S. News rank. [Alabama.com]

    * “You do not need to have a law degree to understand how troubling this is.” Politicians are pissed at Hillary Clinton over the email scandal she got herself into at the State Department, but it turns out she technically obeyed the law. [National Law Journal]

    * Why do law firms fail? Dean Frank Wu of UC Hastings Law thinks that it’s because “[s]mart people overestimate the importance of being a smart person” — that is, your firm can still flop even if its lawyers are the best lawyers in the world. [Huffington Post]

    * According to the latest report from the Bureau of Labor Statistics, after two months of soul-sucking declines in the market, the legal sector gained 3,100 jobs in February. Wow, we only need 40,000 more jobs until all of last year’s class is employed. [Am Law Daily]

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  • Morning Docket

    Morning Docket: 03.09.15

    * Amal Clooney, the attorney who tamed George Clooney’s heart and is now considered one of the most famous human rights lawyers in the world, will be teaching at a New York law school this spring. Which one? We’ll have more on this fun news later today. [USA Today]

    * Talk about a Hail Mary play: The ACLU has decided to come to the defense of a very unlikely cause. Per a recently filed federal brief, the organization thinks that the USPTO’s cancellation of the Redskins trademark was unconstitutional. [WSJ Law Blog]

    * According to a new BARBRI study, the vast majority of third-year law students think they’re ready to go when it comes to practicing law, but the lawyers who have had the (dis)pleasure to work with new graduates don’t seem to agree. [National Law Journal]

    * “Those kinds of jobs are never going to be enough to absorb the number of people graduating from law school over the next five or 10 years.” Northeastern’s dean laughs in Biglaw’s face — his grads measure their success in other ways. [Boston Business Journal]

    * Ellen Pao’s “racy” gender discrimination lawsuit against Kleiner Perkins serves as a harsh criticism of the sexist culture of Silicon Valley. Luckily, jury members will be able to busy themselves with the case’s more lurid details. [The Upshot / New York Times]

    * Kyle McEntee of Law School Transparency is working on a new podcast that will help prospective law students to see what working in the legal profession is really like. “I Am The Law” debuted in January 2015, and it’s worth a listen. [U.S. News & World Report]

  • Morning Docket

    Morning Docket: 03.06.15

    * Per a recent Super Lawyers survey, Ruth Bader Ginsburg is the Supreme Court justice with whom the nation’s top lawyers would most like to share a lunch date. Come on, admit it: you just want to get wasted with the Notorious R.B.G. [TIME]

    * Perhaps in anticipation of a SCOTUS ruling on the constitutionality of same-sex marriage, states across the country are dreaming up legislation that would allow businesses to refuse service to gay couples. Man, we’re such jerks. [New York Times]

    * Taking over China with its Dacheng merger wasn’t enough for Dentons, and what’s now the largest firm in the world by attorney headcount still wants to conquer the United States. Dentons is trying to woo McKenna Long & Aldridge, again. [Am Law Daily]

    * Dewey know which firm’s ex-COO is denying knowledge of any financial funny business? Defense lawyers for D&L’s former top brass are now relying on his statements that staffers may have been inept, but surely weren’t doing anything illegal. [New York Law Journal]

    * Remember that BARBRI antitrust class-action settlement that was reached almost a decade ago? The lawyers and law firms involved are still fighting over legal fees in the case, namely how many millions they think they ought to receive. [National Law Journal]

  • Morning Docket

    Morning Docket: 03.05.15

    * According to the latest data from NALP, summer associate hiring is up for the fifth year in a row. Hooray! But wait, don’t go licking each other’s popsicles just yet — some law firms (35 percent of them, in fact) actually reduced the number of offers they made. [National Law Journal]

    * In response to outcry over bar exam reforms, this Dechert partner took time out of his day to wonder: “Is it too much to expect that future lawyers know the difference between a tort and a tenancy in common, or do we expect clients to pay them $400 an hour to learn it?” [Wall Street Journal]

    * Now that oral arguments in King v. Burwell have concluded, it’s probably time you found out what’s at stake for you if you haven’t done so already, procrastinators. This is what will happen if SCOTUS strikes down Obamacare subsidies. [WSJ Law Blog]

    * Edward Snowden is reportedly ready to return to the United States, provided, of course, that he’ll receive a “legal and impartial trial.” Attorney General Eric Holder has already promised Snowden that he won’t face the death penalty, so that’s a start. [CNN]

    * An ADA in Texas apparently referred to defense counsel as a “motherf*cker” in front of jurors during a trial. We think now would be a great time to add this to the list of things that will get you kicked off a case. [Austin American-Statesmen via ABA Journal]

  • Morning Docket, SCOTUS, Supreme Court

    Morning Docket: 03.04.15

    * Meet David King of King v. Burwell, the epic Obamacare case to be argued before the U.S. Supreme Court today. [New York Times]

    * And meet the two legal heavyweights who will be arguing the case before SCOTUS. [Politico via How Appealing]

    * Meanwhile, another Supreme Court has put a stop to same-sex marriage down in Alabama — for now. [Buzzfeed]

    * General David Petraeus reaches a plea deal, requiring him to plead guilty to a misdemeanor and pay a fine (but no prison sentence). [Washington Post]

    * It’s not as sexy as Obamacare or marriage equality, but the collection of state sales tax on out-of-state purchases made online is a pretty important issue — and Justice Kennedy wants SCOTUS to revisit it. [How Appealing (linkwrap)]

    * In the wake of a leadership shake-up, Cadwalader is beefing up its Houston energy practice — but is that a wise idea, with the price of oil spiraling downward? [American Lawyer]

    * Finally, something that Elie Mystal and Jordan Weissmann can agree upon: dropping the LSAT is a bad idea. [Slate]

    * A jury of eight men and 10 women will start hearing arguments today in the trial of Dzhokhar Tsarnaev, defendant in the Boston Marathon bombing. [How Appealing (linkwrap)]

    * Legal ethics guru Monroe Freedman, RIP. [ABA Journal]

  • Morning Docket

    Morning Docket: 03.03.15

    * “Taking the bar is like riding a bike. A bike that’s on fire.” Never before has there been a better way to describe what it’s like to take the bar exam. Here’s how some recent examinees were able to survive. Miraculously, no one preemptively sent a letter like this. [California Lawyer]

    * DLA Piper is entering into happily married bliss with Davis, a 260-lawyer firm from the Great White North. An April wedding is planned. The couple is registered with American Lawyer and Vault. Give them a few loads of loonies! [Am Law Daily]

    * Attorney General Eric Holder took to the op-ed pages to announce the Department of Justice’s official take on the constitutionality of marriage equality in America: “Nothing justifies excluding same-sex couples from the institution of marriage.” [USA Today]

    * Speaking of Eric Holder, the attorney general released another official announcement yesterday. Ben Mizer will take over as chief of the Justice Department’s Civil Division. (For what it’s worth, people are making a huge deal over the fact that he’s gay.) [Metro Weekly]

    * If you’ve missed a law school application deadline, don’t worry, because there are ways you can boost your chances of getting in. Having a pulse is only 98 percent of the battle — you’ll also need a tuition check. [Law Admissions Lowdown / U.S. News & World Report]

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  • Morning Docket

    Morning Docket: 03.02.15

    * Unfortunately, it seems that if you want to get an elite legal education in this country, you’re going to have to pay an arm and a leg for it. This year’s NLJ Top 10 Go-To Law Schools each have a sticker price that’s greater than $50K. [National Law Journal]

    * Hamline University’s president thinks it was smarter for her law school to merge with William Mitchell Law than for it to close altogether — hey, it’ll still bear the Hamline name and its dying carcass won’t be on her books anymore! [Star Tribune]

    * Later this week, SCOTUS will hear oral arguments in King v. Burwell, a case that could decimate the Affordable Care Act as we know it. At this point, the justices must be contemplating how many people will lose if the plaintiffs here win. [Wall Street Journal]

    * An ADA from the Brooklyn DA’s office who prosecuted drug cases was canned after his colleagues learned that he failed to report his personal connection to an admitted cocaine dealer. Perhaps they were jealous he refused to share his hookup. [New York Daily News]

    * In case you missed it, Above the Law, your favorite legal website, has been “rankle[d]” by a new series on CNNMoney called “Above the Law.” We know you’re as ticked off about this as we are, so we hope you’ll help us write our cease-and-desist letter. [Am Law Daily]

  • Morning Docket

    Morning Docket: 02.26.15

    * Congratulations to Loretta Lynch, who cleared a divided Senate Judiciary yesterday. And now secret Kenyan Muslim Barack Obama is one step closer to whatever conservatives think he’s planning in their fever dreams. [National Law Journal]

    * Police made an arrest in the bizarre hatchet attack upon a lawyer in Massachusetts. The motive, according to authorities, stemmed from the lawyer representing one of the suspect’s family members in probate court. [The Patriot Ledger]

    * It may not be $2.6 billion in revenue like some firms, but congratulations to Paul Hastings for crossing the $1 billion revenue threshold. [The Am Law Daily]

    * South Korea legalizes adultery. If you didn’t think South Koreans were waiting for the legal go ahead to start screwing around, the market doesn’t lie. [New York Times]

    * Nice rundown from Elizabeth Wydra of the Constitutional Accountability Center: 5 myths about King v. Burwell. [Washington Post]

    * Prosecutors lodge a number of additional charges against Supreme Court protestors because there’s a surprisingly high number of distinct federal crimes for “standing up and chanting in protest.” [Legal Times]

  • Morning Docket

    Morning Docket: 02.26.15

    * Kim Kardashian is reportedly seeking law firm experience despite having no “legal training” or “redeeming qualities,” and she wants Amal Clooney to give her a hand. [Legal Cheek]

    * Do you remember Jennifer Gaubert, the New Orleans lawyer and radio host who hooked up with her cab driver… on video? She’s been sentenced. [Times-Picayune]

    * Supreme Court hears attorneys’ fees case. Baker Botts wants to get paid, yo. [Washington Post]

    * With three NFL teams publicly announcing their intention to build multi-billion dollar arenas in L.A., now’s a good time to mention that firms specializing in sports work have a pretty sweet business model. [The American Lawyer]

    * That was fast. Days after Dean Nora Demleitner announced that she was stepping down, Washington & Lee already has a new dean. [TaxProf Blog]

    * Jury slams Apple with $533 Million verdict. As they say, everything’s bigger in Texas. [The Litigation Daily]

  • Morning Docket, Trials

    Morning Docket: 02.25.15

    * Smart women, foolish choices? Alexandra Marchuk might regret turning down a $425,001 offer of judgment from the defendants in Marchuk v. Faruqi & Faruqi, in which she wound up getting a $140,000 verdict. [Law360 (sub. req.)]

    * In other news from high-profile sexual harassment cases, the trial in Harvard Law grad Ellen Pao’s lawsuit against venture capital behemoth Kleiner Perkins got underway yesterday. [USA Today]

    * A guilty verdict and a life sentence in the “American Sniper” trial. [New York Times]

    * Embattled politico Sheldon Silver has turned to the talented Steven Molo in seeking to get the criminal charges against him dismissed. [New York Post]

    * J.J. Nelson v. Adidas: coming to a 1L Contracts casebook near you? [ESPN]

    * Law schools dropping the LSAT: a trend in the making? [BloombergBusiness]

    * The latest in Deidre Clark v. Allen & Overy: is plaintiff Deidre Dare ready for her close-up psychological exam? [New York Law Journal]

    * Is the job outlook for law school graduates brightening? Some thoughts from Jim Leipold of NALP. [National Law Journal via ABA Journal]

    * As he runs for Congress, what does Staten Island district attorney Daniel M. Donovan Jr. have to say about the Eric Garner case? [New York Times]

  • Morning Docket

    Morning Docket: 02.24.15

    * Mary Jo White’s sizable net worth is causing sizable headaches over at the SEC. [DealBook / New York Times]

    * If you work at a law firm and take way too long to perform simple tasks in Microsoft Word or Excel, shape up: a new test, developed by former in-house lawyer Casey Flaherty, could expose your weaknesses — and lead to your work being discounted. [Capital Business / Washington Post]

    * More from Howard Bashman about the misadventures of Howard Shipley, the Foley & Lardner partner who might get spanked by SCOTUS for a bizarre filing. [How Appealing]

    * An S.D.N.Y. jury held the Palestinian Authority and the Palestine Liberation Organization liable for supporting six terrorist attacks and issued a verdict of $218.5 million — an award that will under the law get tripled (collected remains to be seen). [WSJ Law Blog]

    * Wall Street banks and their law firms are getting serious about cybersecurity. [New York Times]

    * Thanks to Emily Kelchen for her review of Supreme Ambitions (affiliate link), which she calls “a true legal thriller.” [Wisconsin Lawyer]

  • Morning Docket

    Morning Docket 02.23.15

    * Welcome back my friends, to the case that never ends: attorneys for Alexandra Marchuk lodged a request for $1.4 million in attorneys fees after her Pyrrhic victory in the Faruqi & Faruqi case. [Law360]

    * In the wake of the Oscars, it’s worth remembering that David Boies is a movie producer. Next up for his shop, Boies/Schiller Film Group, a movie starring Natalie Portman and Ewan McGregor. Because their last movies together were so frigging fantastic. [The Am Law Daily]

    * Speaking of the Oscars, just how much will nominees be regretting that $160,000 swag bag come tax time? [TaxProf Blog]

    * Former Port Authority Chairman David Samson is under scrutiny for enjoying some untoward perks. Like the United Airlines flight route direct from Newark to Samson’s weekend home that was routinely bereft of passengers and ceased to exist days after Samson left the job. Something’s clearly suspect if someone is willingly flying United. [North Jersey.com]

    * We’ve previously discussed the benchslap potential for Howard Shipley over his unorthodox Supreme Court brief. Now his lawyers, including SCOTUS mainstay Paul Clement, have told the Court that it’s basically all the client’s fault. [Legal Times]

  • Morning Docket

    Morning Docket: 02.20.15

    * It looks like some pretty big changes are going to be coming down the pipeline at Washington & Lee University School of Law. From faculty and staff layoffs to payouts from its endowment, this generally doesn’t look pretty. We’ll have more on this news later today. [Lawyers, Guns & Money]

    * The 87th Academy Awards ceremony is this weekend, and you know what that means: IP lawyers are doing their damndest to protect the Oscars brand. Can you imagine the sheer number of cease and desist letters that have been going out? [National Law Journal]

    * Congratulations to Marci Eisenstein, who was recently elected to become the first woman to serve as managing partner of Schiff Hardin in the firm’s 150-year history. FYI, the firm’s most recent partner classes have been 2/3 women for the past three years. [Am Law Daily]

    * New Jersey Governor and would-be Republican presidential candidate Chris Christie made five firms really happy in 2014 thanks to all of the legal work he handed to them. Gibson Dunn, for example, earned $7.9 million from the Bridgegate affair. [Courier-Post]

    * Which state will be the next to legalize recreational marijuana? It may be Vermont, where Senate Bill 95 would allow those 21 and older to possess, use, and sell pot. Just think, you can save the environment and get high while you do it! [Huffington Post]