Morning Docket

  • Morning Docket: 12.07.18
    Morning Docket

    Morning Docket: 12.07.18

    * Which Supreme Court justice is apparently the best at throwing shade at her colleagues during oral arguments? It’s Justice Kagan. Sick burn, Your Honor. [National Law Journal]

    * “Presidential harassment”? President Trump is blaming special counsel Robert Mueller’s election interference probe for his low Rasmussen Reports approval rating of 50 percent. Damn, when a pollster known for favoring the president is only giving him a 50 percent rating, you know it’s pretty bad. [POLITICO]

    * Speaking of Robert Mueller, here’s a little preview of what you can expect from the court filings to be filed today which have to do with the implosion of Paul Manafort’s cooperation deal (i.e., “what may have pushed him to commit legal suicide”). Oh, and we may also see a possible sentencing plan for Michael Cohen. [USA Today]

    * In case you missed it, Quinn Emanuel just announced its largest partner class ever. Fourteen attorneys will ascend to new heights at the firm, and half of them are women, which is very exciting. Congratulations to the firm! [Big Law Business]

    * The holiday season is here, but that doesn’t give Biglaw associates an excuse to say “screw it” when it comes to what they’re eating. Here are some tips from a corporate wellness consultant on how to avoid weight gain and bloating. [Law.com]

  • Morning Docket: 12.06.18
    Morning Docket

    Morning Docket: 12.06.18

    * Michael Cohen and DMX have a lot in common? Do you not believe that? Well, f**k what you heard, it’s what you hearin’.

    * Better Ingredients. Illegal Employment Contracts. Papa Johns. [Law360]

    * The American Lawyer Awards name their “Law Firm Of The Year.” I’ve never been to the American Lawyer Awards, but I assume the opening musical act about mid-year raises was hilarious. [American Lawyer]

    * It’s been so long since anyone took the prospect of limiting telecom monopolies seriously, I kind of forgot we had those laws until the White House decided it didn’t like CNN. [National Law Journal]

    * The 21st century has revolutionized the efficiency of working remotely… but getting promoted is still a 19th century process. [Legaltech News]

    * Mayer Brown interested in growing more in NY. Hopefully with fewer sexual harassment problems this time. [New York Law Journal]

    * This may shock you, but Congress is having a difficult time forging a workable set of self-driving car regulations that they can pass. Those folks are usually so on top of things… [WIRED]

  • Morning Docket: 12.05.18
    Morning Docket

    Morning Docket: 12.05.18

    * Mueller suggests no jail time for Flynn based on the former National Security Advisor’s extensive cooperation. Um… that’s interesting. [CNBC]

    * Jeffrey Epstein settles a civil suit against him, and no one could be happier than Labor Secretary Alex Acosta who can hope this allows the story to blow over without any more inquiry into why he gave a sweetheart deal to a guy allegedly running a child sex ring. [Courthouse News Service]

    * If you’re taking the bar exam, may I suggest the Marriott? [Law360]

    * State AGs make for the most feared regulators these days. Well, that’s what happens when state AGs are the only ones doing any regulating. [Corporate Counsel]

    * Who are the finalists for “Law Firm of the Year”? [American Lawyer]

    * Ninth Circuit strikes down little-used law after ICE went after lawyers counseling undocumented immigrants. [SF Chronicle]

    * Michael Avenatti won’t run for president to the surprise of no one. [NBC]

  • 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]

  • 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: 11.29.18
    Morning Docket

    Morning Docket: 11.29.18

    * Trump’s talking about pardoning Manafort again. The power of the president to pardon people is clear, but the power of the president to tease a pardon to tamper with a witness is an interesting legal wrinkle. In a way, the pardon power is a Yoda conundrum: “do or do not, there is no publicly Tweeting signals.” [NPR]

    * Speaking of Manafort, his attorneys claim their joint defense agreement covered his tipping off Trump on details of the Mueller investigation. Except… he pleaded guilty. That kind of ends the “joint defense” part. [The Hill]

    * Jeffrey Epstein’s massive child sex ring allegations ended in a 13-month sentence and the prosecutor who bent over backward to protect him is now in Trump’s cabinet. Oh, and somehow Cy Vance’s obsequious starf**king ass shows up in this story because of course it does. [Miami Herald]

    * It’s been a few days, so it’s time to remind everyone that the Big 4 accounting firms are about to wreak havoc on Biglaw. [American Lawyer]

    * Stacey Abrams is suing over Georgia’s voting laws, and Professor Hasen is here to explain how brilliant this suit is. [Slate]

    * Uber ordered to pay more than $1 million in fines because they failed to notice the surge pricing on data breach liability. [Corporate Counsel]

    * Attorney poised to become godparent to royal baby. [Legal Cheek]

    * The author of this piece is confused by how Republicans seem to completely misunderstand Section 230. It’s probably not confusing: they just want to kill it and lying about it is the easiest path. [The Verge]

  • Morning Docket: 11.28.18
    Morning Docket

    Morning Docket: 11.28.18

    * Dr. Christine Blasey Ford says that she’s used some of the money in the GoFundMe account started by her supporters for security costs after her sexual assault testimony against then-Judge Brett Kavanaugh, but plans to donate the rest of the funds to trauma survivors. [Fox News]

    * Of course Justice Department lawyers are going to appeal the ruling blocking the Trump administration’s new asylum restrictions and of course they want that ruling to be put on hold while the appeal is pending. Let’s keep teargassing kids while we’re at it. [CNN]

    * Paul Manafort’s lawyers sure are acting strangely in the wake of new allegations from Robert Mueller. “You would expect them to be a little more bold and say, ‘This is untrue, he has cooperated,’” but that’s not what seems to be happening. [Daily Beast]

    * “We’re very keen to do something in the U.S.” Hot off a three-way merger, U.K.-based CMS Cameron McKenna Nabarro Olswang is looking for yet another merger partner, but this time, the firm’s leaders are looking across the pond. [ International]

    * Sorry if you were planning to lateral up the in-house food chain from a Biglaw firm, but according to this survey from the Association of Corporate Counsel, most GCs were born and bred in corporate law departments. [Corporate Counsel]

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  • Morning Docket: 11.27.18
    Morning Docket

    Morning Docket: 11.27.18

    * So much for that plea deal! Mueller’s office says it’s caught Manafort in multiple lies since ostensibly reaching an agreement. I’m sure we’ll soon hear how this is all a “perjury trap” too. [Huffington Post]

    * James Ray III says he shot his girlfriend in self-defense. Sure. [NJ.com]

    * Hong Kong aims to be Asia’s arbitration hub and its neighbors aren’t giving up that title easily. [International]

    * There’s apparently a DB Cooper convention. Amazing. [Courthouse News Service]

    * The Thomas Jefferson School of Law still trying to keep its head above water. [Voice of San Diego]

    *Meanwhile, the Florida legislature is looking to clear the obstacles to renaming FSU’s law school. [Florida Politics]

    * Boies Schiller attempting to chase down deadbeat real estate magnate who stiffed the firm on million-dollar fees. The media keeps calling him a “Chinese dissident” which is technically true, but obscures the whole “fabulously wealthy” part. [Law360]

  • 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]

  • Morning Docket: 11.20.18
    Morning Docket

    Morning Docket: 11.20.18

    * ACLU and Center for Constitutional Rights score win with court order proclaiming the obvious: No, you can’t blanket deny asylum seekers. [Associated Press via Huffington Post]

    * Cyrus Vance accuses someone of seeking publicity over justice. [Variety]

    * Are you suggesting that law firms and clients don’t listen to each other? [American Lawyer]

    * The Trump administration wanted to share census answers with the cops… which is why they were so hot to get those illegal citizenship questions on there. It’s like 3D checkers of bumbling xenophobia over here. [Washington Post]

    * The SEC’s whistleblower program handed out more awards this year than ever before! Unsurprisingly, the article makes no mention of Justice following up on any of these financial crimes. [Law360]

    * Third Circuit taking a stab at New Jersey’s ban on high-capacity magazines — just as the Framers’ envisioned. [New Jersey Law Journal]

    * What are law schools training students for? Debt management, maybe?[Forbes]

  • Morning Docket: 11.19.18
    Morning Docket

    Morning Docket: 11.19.18

    * “You were very busy. Wow. Wow. I always knew I liked him.” President Trump posthumously awarded the Medal of Freedom to the Justice Antonin Scalia on Friday and managed to crack a joke about the late justice’s sex life when referring to his wife and their nine children. Wow. [USA Today]

    * Speaking about birth control… President Trump has proposed a new way for employers to get around the Affordable Care Act’s birth control mandate by creating a Title X loophole that would “hijack” programs that already have limited funding and send women to low-income family planning clinics to get their contraceptives. [New York Times]

    * Will Biglaw be the next thing that millennials kill? Not only has Weil Gotshal shortened its partner track in order to keep its youthful talent from walking out the door, but the firm that once made a big joke out of work/life balance is now allowing associates to work from home once a week. [American Lawyer]

    * The California bar exam results are out, and they’re not anything to write home about — except if you enjoy schadenfreude, that is. Nearly six in 10 failed the test, and the overall pass rate is historically horrible. More on this later. [The Recorder]

    * After having already been rejected by the ABA’s House of Delegates, the Section of Legal Education and Admissions to the Bar has sent its proposed 75 percent bar-passage rate within two years of graduation accreditation standard right back for another vote. Will it be approved this time around? We shall see. [ABA Journal]

    * Joel Sanders, the ex-CFO of failed firm Dewey & LeBoeuf, was jailed on Thursday for failing to pay a $1 million fine associated with his fraud conviction, but he was out by the wee hours of the morning on Friday thanks to his new firm, Greenspoon Marder, which paid the entire sum on his behalf. [American Lawyer]

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  • Morning Docket: 11.16.18
    Morning Docket

    Morning Docket: 11.16.18

    * After delaying the decision, Judge Tim Kelly will be releasing his ruling in CNN’s First Amendment case at 10 a.m. Is it lawful to revoke a reporter’s press pass after an argument with the president? We’ll soon find out. [USA Today]

    * “[W]e’re not going to leave any judges behind over these next two months.” According to Senator Tom Cotton, the Senate is apparently planning to work through Christmas and New Year’s Eve to confirm all of President Trump’s judicial nominees in an effort to head off any obstruction by the Democrats. [Washington Times]

    * “I’m not trying to be rude. I can see your résumé. You’re a rock star.” Despite her strong résumé, Allison Jones Rushing, the 36-year-old Fourth Circuit nominee, was repeatedly questioned by the Judiciary Committee about her “life experience” — or lack thereof, since she graduated from law school 11 years ago. [National Law Journal]

    * What is David Boies planning for his next act? Is retirement on the table? He and the other name partners at Boies Schiller Flexner have apparently “been planning succession for 15 years.” He said if he retired today, “the firm would be in good shape,” but he thinks he “still [has] some things to contribute.” [New York Law Journal]

    * Stormy Daniels says that while the “serious and obviously very troubling” domestic violence allegations against her lawyer Michael Avenatti are “only allegations” and that she’ll “reserve judgement” [sic] until the investigation ends, she’ll be “seeking new representation” if it turns out that the allegations are true. [New York Magazine]

  • Morning Docket: 11.15.18
    Morning Docket

    Morning Docket: 11.15.18

    * Michael Avenatti arrested on domestic violence charges. There’s not a lot of detail yet — initial reports indicated his ex-wife made the call, but when reporters talked to her, she debunked that. [Vox]

    * We should be seeing a CNN case ruling today. Does anyone else feel like Don McGahn’s absence looms over all of this? Like, he’d have put a stop to this nonsense out of the gate, wouldn’t he? [National Law Journal]

    * This was, literally, a sitcom. [The Recorder]

    * Law firms aren’t up to snuff when it comes to cybersecurity. [Law360]

    * Jeff Flake says he’ll block all judicial nominees until he gets some guarantees about the sanctity of the Mueller probe. We’re all looking forward to watching him cave on this like he has everything else. [Courthouse News Service]

    * You can’t copyright a cheese. In case you were wondering. [Washington Post]

  • Morning Docket: 11.14.18
    Morning Docket

    Morning Docket: 11.14.18

    * Insiders say that President Donald Trump is expected to turn over his written responses to special counsel Robert Mueller’s questions about Russia’s interference with the 2016 election as soon as sometime this week. Ooooh boy, this should be fun. [Reuters]

    * According to retired Justice Anthony Kennedy, the world’s culture is “becoming vulgar,” and it’s up to the United States to “show a culture, a discourse, a civil dialogue that’s enviable and admirable.” Yeah… good luck with that. [Washington Times]

    * White House regulatory czar Neomi Rao has been nominated to fill Justice Brett Kavanaugh’s seat on the D.C. Circuit. In case you somehow missed it, Rao had a hand in the renaning of George Mason Law to ASS Law. Congrats! [National Law Journal]

    * Remember Joel Sanders, the ex-CFO of Dewey & LeBoeuf? He says his “dire financial circumstances” prevent him from paying a $1M fine, but the Manhattan DA says he’s trying to commit “a fraud on [the] court.” [New York Law Journal]

    * It’s not just Berkeley Law that’s trying to erase its association with a racist namesake. It’s just now being reported that Mercer Law School quietly removed segregationist and Southern Manifesto signatory Walter F. George’s name this summer. [13WMAZ]

    * Stephen Scharf, film finance pioneer and co-chair of the Entertainment, Sports & Media Practice at O’Melveny & Myers, lost his battle with cancer. RIP. [THR, Esq.]

  • Morning Docket: 11.13.18
    Morning Docket

    Morning Docket: 11.13.18

    * Matt Whitaker releasing opinion supporting Matt Whitaker. Well, that’s settled then. [Wall Street Journal]

    * Tesla loses securities lawyer. They’d best take Elon’s Twitter machine away from him until further notice. [LA Times]

    * I dunno, this still seems cheaper than an actual ticket. [Law360]

    * Man with pet alligator calls Jungle Law to get his monster back. Are you unfamiliar with Jungle Law? Enjoy! [WDAF]

    * Jones Day has hired 11 SCOTUS clerks which is supposed to be surprising except when the Court gets more Trumpist and every law firm but Jones Day gets less Trumpist, this is what one should expect. [National Law Journal]

    * While Republicans continue to allege without evidence that Broward County broke election laws, it turns out a Republican stronghold allowed hundreds of illegal votes and no one seems to be too concerned about it. [Politico]

  • Morning Docket: 11.09.18
    Morning Docket

    Morning Docket: 11.09.18

    * Matt Whitaker thinks Marbury v. Madison should be overturned. We truly live in the dumbest timeline. [National Law Journal]

    * Heightened security as Kavanaugh formally joins the Court. That’s a good idea, he seems like a dangerous man. [NPR]

    * Amazon really excited about its new role as a leader in wrongly convicting people. [The Verge]

    * Baker Donelson is just a big Skinner Box for tech adoption now. More firms should follow suit. [American Lawyer]

    * Google is ending its practice of forcing sexual harassment claims into arbitration in another advancement spurred by the #MeToo movement. [Law360]

    * Bryan Cave unveils new tech service to help clients evaluate the value of pursuing litigation. [Corporate Counsel]

    * The Justice Department put out a new rule limiting asylum claims in violation of international law because that’s how this country rolls now. [Reuters]

    * Voter suppression tactics don’t work as well after the votes are cast. [The Hill]

  • Morning Docket: 11.08.18
    Morning Docket

    Morning Docket: 11.08.18

    * Is Matt Whitaker’s appointment as Acting Attorney General even legal? Well, Justice Thomas certainly doesn’t think so. [Twitter]

    * Associate signing bonuses are on the decline according to a new report. On the other hand, we’ve heard about more firms offering payouts to make associates whole on bonuses when jumping firms, and I’m not sure this decline captures that. If not, this decline might be a distinction without difference. [American Lawyer]

    * Rudy Giuliani claiming he’s got “financial troubles” while spending over $12K on cigars. Maybe he should ask for an advance from his client who claims to be a billionaire but is pretty obviously not even close to being a billionaire. [NBC]

    * Ron Wyden proposes criminal penalties for corporate data breaches. [Corporate Counsel]

    * Attorney wanted for murder has been apprehended in Cuba. [Law360]

    * As much as we tout advances in legal technology, it’s the changes to the legal business model that may usher in the biggest transformation. [Forbes]

    * More insights from the In-House Benchmarking Report. Work is still moving in-house and technology has a lot to do with this shift. [Legaltech News]

  • Morning Docket: 11.07.18
    Morning Docket

    Morning Docket: 11.07.18

    * Republicans’ control over the Senate grew after the midterm elections, but Democrats managed to take the House. Here are six interesting reasons why that means President Donald Trump could be in “huge legal trouble” now. [Law & Crime]

    * Florida voters approved an amendment to their state constitution to restore felons’ voting rights, which will now be automatically restored after prison time is completed and restitution paid. That’s at least 1.4 million more voters! [Orlando Sentinel]

    * Remember Kim Davis, the Kentucky county clerk who was jailed after she refused to sign marriage licenses for same-sex couples? Last night, she lost her reelection campaign to Elwood Caudill Jr., a Democratic challenger. [Lexington Herald Leader]

    * In case you missed it, President Donald Trump chose former White House counsel and current O’Melveny of counsel A.B. Culvahouse to go Down Under to put another shrimp on the barbie serve as U.S. ambassador to Australia. [National Law Journal]

    * A California appellate court has paved the way for former Winston & Strawn partner Constance Ramos to get out of an “unconscionable” arbitration agreement with the firm. This may be the first Biglaw gender bias case to make it to trial. [The Recorder]

    * Sorry, but you can’t deduct the cost of your law degree on your taxes because it qualified you for a new trade or business. The U.S. Tax Court says that even with a shiny new J.D. in your possession, you’ve only enhanced your current skills. [Law360]

    * Grab ’em by the public interest: Per a new Gallup survey, pre-law students don’t care about Biglaw money; no, they say the top reason to go to law school is to “pursue a career in politics, government, or other public service.” [Idaho Business Review]

    * A group of crypto investors has filed suit against rapper T.I., alleging that they could not have whatever they like because he tricked them into backing FLiK Token. The Rubberband Man’s lawyer says, “Tip is truly disheartened by the lawsuit.” [Complex]