National Security Agency

  • 6th Circuit, Antonin Scalia, Biglaw, Federal Judges, Gay, Gay Marriage, Insider Trading, Law School Deans, Law Schools, Morning Docket, SCOTUS, Supreme Court

    Morning Docket: 03.24.14

    * Justice Antonin Scalia isn’t quite ready to publicly weigh in on whether computer data is considered a protected “effect” under the Fourth Amendment. “[T]hat may well come up [before the Supreme Court],” he says. Thanks NSA. [Business Insider]

    * “[I]t doesn’t take many bad apples in a barrel to cause a stink.” No matter how hard Biglaw firms try to keep their confidential information locked down, someone’s going trade on it. It looks like STB is learning that the hard way. [Wall Street Journal (sub. req.)]

    * The day after Michigan’s ban on same-sex marriage was struck down by Judge Bernard Friedman, couples who rushed to marry were met with some serious Sixth Circuit sadness. Way to stay and spoil all of the celebrations, judges. [New York Times]

    * “We’re not the Cleveland Browns,” says one of Case Western Law’s interim co-deans. With that kind of a glowing endorsement, we don’t see how this law school could possibly fail. [Crain’s Cleveland Business]

    * Rutgers Law-Newark has a new low-bono fellowship program “believed to be the first of its kind in the nation.” Some other law schools might have a bone to pick about that statement. [New Jersey Star-Ledger]

  • Bankruptcy, Biglaw, Eavesdropping / Wiretapping, Howrey LLP, Lateral Moves, Law Schools, Morning Docket

    Morning Docket: 02.18.14

    * Mayer Brown issued a response in the wake of its NSA scandal, saying there’s “no indication” spying happened “at the firm.” Spying “of the firm” is another question, but don’t worry, clients, your information is totally secure. [Chicago Tribune]

    * “He is almost treating the clients as chattel.” Lateraling may have just gotten harder, because a judge in the Howrey case expects you to kiss your book of business goodbye as soon as you ditch your firm. [Wall Street Journal (sub. req.)]

    * Law school applications have plummeted, but some schools are really struggling. Which had the largest drops in enrollment? Take a wild guess. We’ll have more on this later today. [National Jurist]

    * You can’t just sit back and relax after you’ve sent off your law school applications. You need to gun your way to enrollment and be as appropriately annoying as possible. [Law Admissions Lowdown / U.S. News]

    * George Zimmerman, who says God is “the only judge that [he] has to answer to,” hopes that he’ll eventually become a lawyer. We imagine that kind of an attitude will earn him a sanction or two. [CNN]

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  • Asians, Biglaw, Books, Clerkships, Crime, Eavesdropping / Wiretapping, Gay, Gay Marriage, Gender, Kids, Morning Docket, Murder, Rape, SCOTUS, Supreme Court, Trials, Women's Issues

    Morning Docket: 02.17.14

    Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual. We will be back in full force tomorrow.

    * With a perfect record for equality post-Windsor and four appellate courts soon set to rule, it looks like the Supreme Court will get a second bite at the gay marriage apple by 2015. [National Law Journal]

    * Per Am Law, Mayer Brown just posted its highest profits ever. Maybe that’s one of the reasons the NSA’s thunder from down under, the Australian Signals Directorate, was spying on it. [New York Times]

    * For Asian American women, Biglaw’s “bamboo ceiling” may be just as tough to crack as its glass ceiling. What’s that? Find out by reading Helen Wan’s book, The Partner Track (affiliate link). [Washington Post]

    * Haller Jackson, the law clerk accused of aggravated rape of a minor, has been in and out of court since his arrest. His defense team has even filed a motion to suppress his confession. MOAR info, plz! [Slabbed]

    * Controversy alert: Michael Dunn was convicted of four out of five charges, including three counts of attempted murder, in Florida’s “loud music” trial, but the jury was hung on the murder charge. Lame. [CNN]

  • 9th Circuit, Affirmative Action, Biglaw, Blank Rome, Gay, Job Searches, Jury Duty, Law Schools, Minority Issues, Morning Docket, Pornography, SCOTUS, Supreme Court, United Kingdom / Great Britain

    Morning Docket: 01.23.14

    * The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]

    * No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]

    * The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]

    * While Blank Rome was busy denying a possible merger with Nixon Peabody, it picked up 21 attorneys from two small firms in California to open a San Francisco office. Sneaky. [Philadelphia Business Journal]

    * Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]

    * The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]

    * Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]

  • 2nd Circuit, ACLU, California, Constitutional Law, Divorce Train Wrecks, Facebook, Federal Judges, Gay Marriage, Immigration, Morning Docket, Police, Privacy, Shira Scheindlin, Social Networking Websites, Utah

    Morning Docket: 01.03.14

    * Now that a federal judge has ruled against the NSA’s domestic spying program, maybe government prosecutors will cut Edward Snowden some slack — or maybe haha, yeah right. [WSJ Law Blog]

    * On that note, the ACLU is appealing the other federal ruling that says the agency’s activities are constitutional. The NSA will let you know what the Second Circuit’s decision is this spring. [Guardian]

    * Alas, Judge Shira Scheindlin knew from the get-go that her stop-and-frisk ruling would be contested, and she even warned the lawyers involved that they ought to consider a jury. [New York Times]

    * “How do you say, ‘I’m married, but not really? I’m divorced, but not really?’” Thanks to Utah’s same-sex marriage ruling, unhappy gay couples who married in other states are rejoicing over the fact that they can finally get divorced. [Deseret News]

    * Facebook, a social network that constantly changes its privacy settings to make your life less private, is being sued over its alleged interception and sharing of messages with advertisers. Shocking. [Bloomberg]

    * It goes without saying that Sergio Garcia is having a happy new year. The California Supreme Court ruled that the undocumented immigrant will be able to legally practice law in the state. ¡Felicitaciones! [CNN]

  • Crime, Federal Judges, Law Schools, Movies, Non-Sequiturs, Privacy, Technology, United Kingdom / Great Britain, Wall Street

    Non-Sequiturs: 12.27.13

    * Judge William Pauley ruled that the NSA’s warrantless spying program is legal, noting that — if it had existed — the government could have predicted the 9/11 attacks. Good point, because intelligence agencies were in no position to figure out that there was an attack brewing without a Big Brother initiative. Oh… wait. [Huffington Post] * On a related note, a cartoon from 1994 that predicted the NSA’s controversial programs. It’s really kind of scary…. [Slate] * Britain’s clowns are furious that people are dressing up as clowns and trying to scare people. For their sake, let’s make sure they never hear about Pennywise. [Lowering the Bar] * Professor Dave Hoffman evaluates the case for flat-rate tuition. [Concurring Opinions] * The Wolf of Wall Street is about a criminal ripping off poor people. Bankers cheered at a recent showing. There is a lesson to be had there about what bankers would do if given an opportunity. [Business Insider] * “Knockout,” a game where young boys cold-cock unsuspecting victims, is a serious issue. Nah, just kidding, it’s a crypto-racist overreaction. But at least one kid was stupid enough to try it and then tell a cop about it. Seriously. [Gawker]

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  • Barack Obama, Constitutional Law, Department of Justice, Election Law, Federal Government, Federal Judges, Health Care / Medicine, Law Schools, Morning Docket, S.D.N.Y., SCOTUS, Shira Scheindlin, Sonia Sotomayor, Supreme Court

    Morning Docket: 12.24.13

    * People have “greatly underestimated how powerful a jurist Justice Sotomayor would be,” and now that one of her concurrences flies directly in the face of Obama’s NSA tactics, we’ll get to see how powerful she really is. [MSNBC]

    * Here’s a fun end-of-the-year roundup: President Obama’s Top 10 Constitutional Violations of 2013. Fifty internet points shall be awarded to the first person who correctly guesses how many are related to Obamacare without looking. [Forbes]

    * Following Judge Shira Scheindlin’s stop-and-frisk spanking, the Southern District of New York changed its rules on case assignments in order to increase transparency. Related-case judge-shopping just got a whole lot harder. [New York Times]

    * Wiley Rein is defending its fee request in the Voting Rights Act case, and says the Department of Justice is “[tying] itself in knots” trying to find a way to get out of paying the piper. Harsh. [Blog of Legal Times]

    * These are four ways you can overcome a low GPA when applying to law school, but really, the best way to overcome a low GPA is to not apply at all. [Law Admissions Lowdown / U.S. News & World Report]

    * “I am not trying to bring down the NSA, I am working to improve the NSA.” Now that he’s unleashed all of America’s deep dark secrets, Edward Snowden just wants to Google like a regular guy. [Washington Post]

  • Alston & Bird, Biglaw, Brobeck Phleger & Harrison, Celebrities, Crime, D.C. Circuit, Dewey & LeBoeuf, Federal Judges, Guns / Firearms, Heller Ehrman, Howrey LLP, Money, Morning Docket, Murder, New Jersey, Real Estate, Silicon Valley, Sports, Violence

    Morning Docket: 12.23.13

    * Judge Richard Leon’s decision in the NSA surveillance case is ripe for review by the D.C. Circuit, and given the court’s new make-up, we could see a very interesting result. Oh, to be an NSA agent listening in on those calls. [National Law Journal]

    * With seven business days left until 2014, law firms all around the country are still desperately trying to get paid. Lawyers are working hard for the money — 83.5 cents to the dollar — so you better treat them right. [Wall Street Journal (sub. req.)]

    * Who you gonna call? Your local bankruptcy attorney. Alston & Bird, currently housed in Heller’s old digs in Silicon Valley, will head to a new office whose former occupants include Dewey, and Howrey, and Brobeck, oh my! [Am Law Daily]

    * Four were arrested in the tragic murder of attorney Dustin Friedland, and each is being held on $2 million bond. One of the alleged assailants has a history of putting guns to other people’s heads. [NJ Star-Ledger]

    * “I think it would be wise for the NCAA to settle this now.” Thanks to the Ed O’Bannon lawsuit, the world of college sports will be forever changed, so all those video games you’ve got are now antiques. [CNBC]

    * Tom Cruise settled his defamation lawsuit against a tabloid publisher over claims that he’d abandoned his daughter during the pendency of his divorce proceedings. Xenu is pleased by this announcement. [CNN]

  • Amy Schulman, Biglaw, Boalt Hall, Drugs, Gay, General Counsel, John Roberts, Law Schools, Morning Docket, Pro Se Litigants, SCOTUS, Supreme Court

    Morning Docket: 12.19.13

    * An NSA review panel thinks the Chief Justice of the United States shouldn’t be the only one appointing judges to the FISA Court. We imagine John Roberts is pulling a Stuart Smalley. Don’t worry, you’re good enough. [Blog of Legal Times]

    * Sadly, Amy Schulman, one of America’s most influential lawyers and best-paid general counsel, is out at Pfizer. After leading the charge against outside counsel’s hourly billing, we doubt she’ll head back to DLA Piper. [Corporate Counsel]

    * Scott Bloch, former head of the Office of Special Counsel in the GWB administration, allegedly hated gay staffers so much he shipped them to Detroit. That settles it: he really hated them. [Blog of Legal Times]

    * Sen. Elizabeth Warren proposed a bill that would ban all private employers — except the government — from running credit checks on new hires. Let’s go rack up some credit card debt! [National Law Journal]

    * Law schools are facing enrollment problems, but Boalt Hall and Santa Clara Law saw the size of their entering classes rise. Flooding the entry-level job market continues to be celebrated. [The Recorder]

    * “Yes — I do share nose candy with these girls. For free. For my personal use, OK?” Pro se litigants say the darndest things. Good thing this guy got an attorney before things got worse. [Albany Times Union]

  • Antonin Scalia, Biglaw, Department of Justice, Federal Government, Federal Judges, Law School Deans, Law Schools, Money, Morning Docket, Politics, Privacy, SCOTUS, Supreme Court, White-Collar Crime

    Morning Docket: 09.26.13

    * With a government shutdown looming, the Supreme Court will likely go about business as usual. In fact, Justice Alito is rolling his eyes at the mere concept of closing the Court’s doors as we speak. [SCOTUSblog]

    * But in the meantime, both the Department of Justice and the federal judiciary are hunkering down and waiting for the collapse of law and order thanks to all of our petulant politicians in Washington, D.C. [Blog of Legal Times]

    * Justice Scalia thinks the NSA’s surveillance programs may come before SCOTUS for an examination of a “right of privacy that comes from penumbras and emanations, blah blah blah, garbage.” [Associated Press]

    * Perhaps it’s due to the “hangover from the collapse of the markets in 2008,” but white-collar defense practices are on the rise in Biglaw, and the firms’ leaders could not be happier. [Philadelphia Inquirer]

    * Another law school ranking just means there’s another way for Yale to whoop Harvard’s ass. Now we know that Lat’s alma mater is slightly better at producing law deans than Elie’s. [National Law Journal]

    * A motion to dismiss has been filed, and now Jill Kelley, the Florida socialite who assisted in bringing about the end of General David Petraeus’s career in the CIA, is watching her legal case unravel. [CNN]

  • Antonin Scalia, Biglaw, Celebrities, Constitutional Law, Eugene Scalia, Federal Judges, Gay Marriage, Law Schools, LSAT, Military / Military Law, Morning Docket, Phil Alito, Police, Samuel Alito, SCOTUS, Sentencing Law, Shira Scheindlin, Supreme Court

    Morning Docket: 08.22.13

    * The NSA has violated the Constitution for years, you say? And it’s been misleading the FISA court about all of its domestic spying activities? As of this moment, the NSA is on double secret probation! [New York Times]

    * Imagine how the New York stop-and-frisk case would have turned out if it had been before SCOTUS. The “human toll of unconstitutional stops” may not have been weighed so heavily. [Opinionator / New York Times]

    * “[N]o one has a crystal ball,” but right now, it’s highly likely that the Supreme Court will take up another gay marriage case. Perhaps it’ll be the one that’s currently unfolding in Pennsylvania. [Legal Intelligencer]

    * According to a recent survey conducted by Randstad, about 60 percent of lawyers are proud to be members of the legal profession, which is impressive(!) considering how unhappy they are. [The Lawyer]

    * Birds of a feather really do flock together. Philip Alito, son of Justice Samuel Alito, will join Eugene Scalia, son of Justice Antonin Scalia, at Gibson Dunn’s Washington, D.C. office. [Blog of Legal Times]

    * Even though the vast majority of his race-based claims were dismissed on summary judgment, this “token black associate” still has a respected Biglaw firm up against the Ropes. [National Law Journal]

    * Law school applications are plummeting, but top law schools haven’t started scraping the bottom of the barrel — their applicants’ LSAT scores have remained relatively competitive. [WSJ Law Blog (sub. req.)]

    * I am Chelsea Manning, I am a female.” Considering (s)he was just sentenced to 35 years in prison, Bradley Chelsea Manning sure picked a great time to make this announcement to the world. [Chicago Tribune]

    * You dare call the Duchess of Dumplins racist and sexist? When it comes to Paula Deen’s new legal team from Morgan Lewis, five are women, and four are black. Take that, Lisa Jackson. [Am Law Daily]

  • Attorney Misconduct, Clerkships, Deaths, Drugs, Education / Schools, Gay, Gay Marriage, Legal Ethics, Martin Lipton, Money, Morning Docket, Murder, Police, Privacy, SCOTUS, Sentencing Law, Shira Scheindlin, State Judges, State Judges Are Clowns, Supreme Court, Supreme Court Clerks

    Morning Docket: 08.16.13

    * Former SCOTUS clerks earn more money for having clerked at the high court than SCOTUS justices earn for their yearly salaries. Consider how ridiculous that is. [The Economist]

    * As it turns out, the National Security Agency oversteps its legal authority thousands of times each year, but that’s only because it’s a “human-run agency.” [Washington Post]

    * Federal judges have come together to bemoan sequestration. “We do not have projects or programs to cut; we only have people.” Eep! Don’t give them any ideas. [National Law Journal]

    * Ready, set, lawgasm! The comment period for proposed amendments to the Federal Rules of Civil Procedure opened up yesterday, and yet again, e-discovery rules are on the table for debate. [Forbes]

    * NYU professors want Martin Lipton to step down from the school’s board of trustees, but the Wachtell Lipton founding partner has had a honey badger-esque response — he don’t give a s**t. [Am Law Daily]

    * As was widely expected, Mayor Michael Bloomberg’s army of New York City lawyers will soon take the first step to appeal Judge Shira Scheindlin’s stop-and-frisk ruling. [New York Law Journal (sub. req.)]

    * A West Virginia judge was federally indicted for attempting to frame his secretary’s husband with drug charges. Did we mention that the secretary is the judge’s ex-lover? Quite dramatic. [Charleston Gazette]

    * Consortium: Not just for straight couples. A same-sex couple in Pennsylvania is trying to appeal the dismissal of a loss of consortium claim in light of the Supreme Court’s Windsor ruling. [Legal Intelligencer]

    * Christian Gerhartsreiter, aka poseur heir Clark Rockefeller, was just sentenced to 27 years to life in prison in a California cold-case murder. Maybe Lifetime will make a sequel to that god-awful movie. [Toronto Star]

    * Jacques Vergès, defender of notorious villains and perpetual devil’s advocate, RIP. [New York Times]