New York City

2nd Circuit

Morning Docket: 09.18.13

* As previously discussed, Morgan Lewis partner Leslie Caldwell hopes to take over where Lanny Breuer left off at the DOJ Criminal Division. Her nomination was formally announced this afternoon. [Blog of Legal Times] * Judge Scheindlin doesn’t want to end stop-and-frisk in New York City, she wants to end racial profiling, so you can’t have a stay pending your appeal to the Second Circuit, Mayor Bloomberg. [New York Law Journal (sub. req.)] * Dewey know which companies were the latest to be sued by the failed firm’s liquidation trustee to recover funds paid out in the days before it went under? Yes, and Dial Car is really pissed off. [Am Law Daily (sub. req.)] * Let’s face the facts: no one’s goal as an attorney in Biglaw is to make it drizzle. Because “law firms don’t know when to fold when trying to hire lateral partners,” they sometimes wind up with the opposite of what they want amid their ranks. [The Lawyer] * Texas Wesleyan Law has been Texas A&M Law for only a few weeks, but new traditions are already being made for Aggie lawyers. Now when students enter a classroom, the professors say “howdy.” [KBTX]

By Staci Zaretsky
Associate Advice

Morning Docket: 08.29.13

* Is Justice Ginsburg, our favorite judicial diva, foiling her own jurisprudential legacy by refusing to retire from the Supreme Court before another president takes office? [Daily Beast] * Year-over-year, there’s been a double-digit drop in demand for legal services, so now is a great time to start speculating about which firm will be the next to conduct layoffs. [Am Law Daily] * Don’t despair, the results of the Am Law Midlevel Survey are out, and associates are more satisfied than ever — except for the women. They’re “leaning out,” so to speak. [Am Law Daily] * New York City (d/b/a Mayor Michael Bloomberg) wants Judge Shira Scheindlin to stay her stop-and-frisk rulings pending appeal, because racial profiling is an effective crime fighting tool. [New York Law Journal] * If you want to know why law school is three years long instead of two, it’s because back in the day, the T14s of the world were convinced it’d “stop the proles from sullying the image of the bar.” [The Economist] * In an effort to keep law school deans’ listserv drama and email scandals to a minimum, the American Bar Association just doled out some rules to keep their ivory tower talk in check. [WSJ Law Blog (sub. req.)] * “[I]f I die because of this, my life will have been worthwhile.” The HSBC whistleblower is willing to face death to talk about big banks’ alleged money laundering — and to see Marni Halasa. [Huffington Post]

By Staci Zaretsky
Antonin Scalia

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]

By Staci Zaretsky
Attorney Misconduct

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]

By Staci Zaretsky
Alston & Bird

Morning Docket: 08.13.13

* In the latest round of musical chairs, Skadden Arps managed to scoop up products liability queen and top woman litigator Lisa Gilford from Alston & Bird. Congratulations! [The Recorder (sub. req.)] * Is merger mania a thing of the past? With pocketbooks tighter than ever, “pseudo-mergers” are starting to look great. No one will complain about more lawyers with less liability. [Legal Intelligencer] * Man, it’d be great if you could represent plaintiffs in a class action suit and keep all of the settlement funds without having to pay your clients a cent. Oh wait, you can actually do that? [New York Times] * “It shows he’s adventuresome and he’s got good taste.” Peter Zimroth, the lawyer appointed to oversee the reform of the NYPD’s stop-and-frisk policies, married very, very well. [Wall Street Journal (sub. req.)] * The ABA approved Texas A&M’s acquisition of Texas Wesleyan’s law school. Hello to the Texas A&M Johnny Football School of Law! We hope to see the Heisman of employment stats. [National Law Journal] * A judge says the woman who sued Paula Deen for racial discrimination was nothing more than an “accidental victim.” And like that, her race-based claims have melted away like butter, y’all. [ABC News]

By Staci Zaretsky