New York Court of Appeals

* Law firm Halloween party advice. I disagree with some of this — my “Sexy John Marshall” costume was always a hit. [Greedy Associates / FindLaw]

* The Supreme Court is expected to review a 10th Circuit decision holding that corporations are people and can exercise religious rights. Hopefully the Supreme Court stops this madness before my cable company has the right to bear arms. [Constitutional Accountability Center]

* Governor Chris Christie has dropped his appeal of the New Jersey court decision authorizing same-sex marriage. He finally worked out that his own homophobia wasn’t worth being on the wrong side of 61 percent of Jersey voters. [Politico]

* Let’s go get some Molly! [Law and More]

* California is tightening up its Workers’ Comp rules for former professional athletes. From now on, injured ex-jocks need to prove a more significant tie to the state to collect compensation. This presents a problem for a lot of former football players who now have to admit they played for the Raiders. [The Legal Blitz]

* Judge Smith of the New York Court of Appeals gets a scathing open letter. It’s fun when lawyers go “Flame On!” toward judges they might eventually be in front of. [New York Personal Injury Law Blog]

* Governor Rick Snyder is asking a judge to drop her request to see unredacted copies of internal emails about the search for the Detroit emergency manager. Because nothing seemed sketchy about employing a law that had been specifically repealed by Michigan voters to overturn the democratically elected leadership of a major metropolis to install a partner from a firm that just so happens to get chosen as bankruptcy counsel, earning a ton of fees from the whole affair. Nothing at all. [Detroit News]

* Guy sues Apple because he hates iOS 7. Not the dumbest suit ever brought against Apple. [BGR]

* Entertainment lawyer Harry M. Brittenham moonlights as the author of graphic novels. A lawyer writing comic books may sound like a guy living in his mom’s basement, but he’s actually married to Heather Thomas from The Fall Guy. [New York Times]

* Not everyone thinks law reviews are awful. [The Volokh Conspiracy]

I imagine Mr. Pink doesn’t tip at Starbucks. Hell, I don’t “tip” at Starbucks. Occasionally, I don’t feel like having 30 cents clanging around in my pocket all day, so I throw it in the tip jar. But there’s only so much I can pay for a cup of coffee in good conscience.

Apparently, there’s a lawsuit kicking around the New York Court of Appeals over who owns the tips at Starbucks. The baristas are fighting to keep control over the jar and not share the tips with assistant managers.

It’s kind of sad. At this point, why not just dump the tip jar out on the floor at the end of the day and watch them fight over it…

double red triangle arrows Continue reading “This Tipping Automatically, It’s For The Birds”

A ‘beauty culturist’ at work.

* The latest update on the law school litigation front represents good news for New York Law School. [National Law Journal]

* Should summarizing a one-day deposition transcript really cost $90,000? Even DLA Piper might blush at such a bill. [Point of Law]

* Ropes & Gray isn’t backing down in the discrimination lawsuit brought by former partner Patricia Martone. (We’ll have more on this later.) [Am Law Daily]

* No, silly polo mogul, you can’t adopt your 42-year-old girlfriend to shield your fortune from litigation. [ABA Journal]

* Replacing “barbers” with “beauty culturists”? This is Indiana and not California, right? [WSJ Law Blog]

New York Court of Appeals

Two straight articles about Senate confirmation powers from me. Using @recessappt as my Twitter handle is looking pretty prescient.

This time we’re talking about the New York State Senate, where Governor (and world’s least discreet White House aspirant) Andrew Cuomo found out that the Judiciary Committee has begrudgingly allowed Cuomo’s nominee for the New York Court of Appeals, Jenny Rivera, to move to the floor without a recommendation. A bold move, but at least Rivera made it out of the committee, because the committee had enough ticked-off GOP members that it could have killed the nomination outright — and the committee has never rejected a governor’s nominee before. As is, a few Republicans voted to let the nomination move forward with recommendation rather than kill it.

So there you go Democrats! Cuomo can get bulldozed by a Senate like a champ.

But at least the whole affair provides us with highbrow commentary on the state of affirmative action….

double red triangle arrows Continue reading “Andrew Cuomo Pads His White House Quals By Having Senate Crap All Over His Nominee”

‘If they take my stapler then I’ll set the building on fire…’

* “It’s very hard to copyright a story about an individual growing up in the ghetto and getting involved in crime.” Go Third Circuit, it’s your birthday, we gon’ affirm that like it’s your birthday. [New Jersey Law Journal (reg. req.)]

* I believe you have my stapler? A former Fried Frank staffer has been accused of stealing more than $376K worth of copy machine ink from the firm and selling it on the black market for office supplies. [Am Law Daily]

* Governor Andrew Cuomo nominated Jenny Rivera, a CUNY School of Law professor, to fill a vacant New York Court of Appeals seat. If confirmed, she’ll be the second Hispanic to sit on the court. [New York Law Journal]

* This’ll please the gun nuts: Governor Cuomo’s gun-control bill was passed by the legislature and signed into law, officially making New York the state with the toughest gun restrictions in the nation. [New York Times]

* And this right here is the lawsuit equivalent of half-court heave. A lawyer is suing the San Antonio Spurs because the team’s coach sent all of its best players home to rest without the fans’ prior knowledge. [ESPN]

DaNae Couch

* The Department of Justice has reached yet another settlement in the Deepwater Horizon oil spill case, this time with Transocean Ltd. for $1.4 billion in civil and criminal penalties and fines. [National Law Journal]

* “[W]ith success comes regulatory scrutiny.” Google convinced the FTC to close its ongoing antitrust probe by promising to change its allegedly shady patent usage and purportedly skewed search terms. [Bloomberg]

* According to Littler Mendelson, federal contractors might want to consider sending out sequestration-related layoff notices to employees in order to comply with the WARN Act. America, f**k yeah! [Government Executive]

* Governor Andrew Cuomo will have a major impact on the New York Court of Appeals when appointing new judges. It could be a partisan decision, but his father, former Governor Mario Cuomo, insists his son will leave politics at home. [Capital New York]

* When you write in defense of the value proposition of law school, you wind up in the op-ed pages of the NYT. When you tell the truth about it, you wind up in the opinion pages of the WSJ. [Wall Street Journal (sub. req.)]

* Remember Danae Couch, the Texas Tech law student who was crowned as Miss Texas? She’ll compete for the Miss America title next weekend. If you’d like to help her become a finalist, you can vote for her here! [KFYO]

Zhang Ziyi

* I don’t fully understand this story, but it involves the beautiful and deadly Zhang Ziyi and a SLAPP suit. [Techdirt]

* I’m interested in who Andrew Cuomo appoints to the New York Court of Appeals, just because I’m interested in how Cuomo picks judges. You know, just because 2016-2020 could be an interesting time when it comes to shifting the balance of power on the Supreme Court. [WiseLaw NY]

* A Holland & Knight partner is leaving to start teaching an “Indigent Defense” class at Georgetown. I’m not sure who is teaching the companion class: “Blood From A Rock: How To Get Fees Out Of Indigent Clients.” [Legal Blog Watch]

* I swear I was absent the day they explained that the NRA is the fifth branch of government in civics class. [PrawfsBlawg]

* Mmm… negative liberty. [Josh Blackman's Blog]

* This seems like a good time to say that I watch This Week with George Stephanopoulos instead of Meet the Press. But I really think that DCPD has better things to do than investigate David Gregory’s ammo clip prop. [Slate]

* Seven out of nine sitting Supreme Court justices were silent when it came to the passing of Robert Bork. Justice Antonin Scalia, of course, issued a public statement, as did liberal Justice Ruth Bader Ginsburg (surprise!). [WSJ Law Blog (sub. req.)]

* No one ever really doubted that it would take an army of Biglaw lawyers from the likes of Sullivan & Cromwell, Shearman & Sterling, and Wachtel Lipton to handle a monumental deal like the proposed $8.2 billion NYSE/ICE merger. [Am Law Daily]

* Can you coach with Nick Saban and be a Miller Canfield partner at the same time? No. But you can sue (and win!) when the firm allegedly forces you out due to its “culture of fear and intimidation.” [Detroit Free Press]

* Justice Rolando Acosta, who wrote the opinion upholding the dismissal of the class action case against NYLS, rates well among his peers as a nominee for the New York Court of Appeals. [New York Law Journal]

* Peter Madoff was sentenced to ten years in prison for his role in Bernie Madoff’s Ponzi scheme, but the judge will probably let him go to his granddaughter’s bat mitzvah before shipping him to the pokey. [Bloomberg]

* Merry Christmas, now go f**k yourself. A federal judge has given a woman in Louisiana free rein to display holiday lights on her roof in the form of an extended middle finger. God bless America. [CBS 3 Springfield]

* In a move to “end the vacancy crisis,” one week after being reelected, and one day after the Senate returned to session, Barack Obama nominated seven people for open seats on federal district courts, including two S.D.N.Y. slots. [Blog of Legal Times]

* Dewey know how much the Los Angeles Dodgers will have to pay the now defunct firm for its work on the team’s Chapter 11 bankruptcy case? About $13M — the equivalent of their pitcher’s salary, or 62% of their first baseman’s pay. [WSJ Law Blog]

* Which Biglaw firms in the Am Law 200 are the most LGBT friendly? Overall, of the 145 firms that participated in the Human Rights Campaign’s survey, 71 received perfect scores. Absolutely fabulous! [Am Law Daily]

* The American Bar Association’s Task Force on the Future of Legal Education wants to know what should be done about law schools. This is a time to keep it simple, stupid: change EVERYTHING! [National Law Journal]

* The New York Court of Appeals invoked the Major Disaster Rule for the first time ever, allowing out-of-state attorneys to perform pro bono services for Hurricane Sandy victims. [Thomson Reuters News & Insight]

* William Adams, the Texas family court judge who got caught beating his daughter, returned to the bench yesterday after a year-long suspension. At least he won’t get physical abuse cases, anymore. [Fox News]

* John Coffey, Senior Status Judge of the Court of Appeals for the Seventh Circuit, RIP. [Journal Sentinel]

* “We know in our hearts that for the United States of America, the best is yet to come.” Barack Obama was re-elected as president. Bring on the hope and change! No, seriously. [New York Times]

* In news that shouldn’t come as a surprise, regardless of who won the presidential race, there are still post-election voting issues that will likely be resolved in the courts. [Blog of Legal Times]

* But what we really want to know is who will be our country’s next attorney general. Because if anyone can fill Eric Holder’s shoes, it’s Preet Bharara, the U.S. attorney for the S.D.N.Y. [WSJ Law Blog]

* In other important news, several states approved gay marriage ballot initiatives, and others legalized marijuana. But hopefully you don’t have a case of the munchies yet — federal law still says it’s illegal. [CNN]

* They helped American citizens “ba-rock” the vote: hundreds of law students from around the country rallied around the craziness of Election Day to volunteer their assistance to worthy causes. [National Law Journal]

* Biglaw firms in NYC are still reeling after Hurricane Sandy. While WilmerHale set up temporary offices last week, both SullCrom and Fried Frank could be out of commission for weeks. [Reuters; New York Times]

* At this point, in-house counsel are kind of like the McKayla Maroneys of the legal profession, because they are seriously unimpressed with outside counsel’s efforts to improve services and fees. [Corporate Counsel]

* Judge Theodore Jones, associate judge of the New York Court of Appeals, RIP. [New York Law Journal]

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