New York

* Under the leadership of emergency manager Kevyn Orr, Detroit is now the biggest U.S. city to declare bankruptcy in history. Unfortunately, not even the strict Jones Day dress code could save them. [Am Law Daily]

* As one of our columnists David Mowry told us weeks ago, New York wants to close the justice gap by looking to the state’s best untapped resources for pro bono work: in-house counsel. [New York Law Journal]

* It turns out the “new employer survey” to be used by U.S. News is really just the old employer survey that’s been used in the rankings since 1990. How incredibly anticlimactic. [Morse Code / U.S. News & World Report]

* Law schools are officially ready to scrape the bottom of the barrel when it comes to filling their classes. Some are now accepting first-time June LSAT scores for fall admission. [National Law Journal]

* Our managing editor, David Lat, comes to the defense of fictional representations of the law, but seeing as he’s writing a fictional legal novel, we think he’s kind of biased. [Room for Debate / New York Times]

* Mobsters really don’t like rats, and it looks like someone who was planning to testify against Whitey Bulger may have been whacked after having been dropped from the prosecution’s witness list. [CNN]

I feel like everybody complains about the place where they take the bar exam, and everybody is right. It’s like that line in Office Space where Ron Livingston says that every day is worse than the last, so every day is the worst day of his life. Every test center is the worst test center in the country because that’s the test center you are in, or if you are lucky, that’s the test center you were in that one time.

Sure, we’ve done stories about people who have taken the bar in a barn, and I imagine that taking the bar in an earthquake zone is pretty terrible, but for me, the worst test center is the Jacob Javits Convention Center on the West Side of Manhattan.

It’s cold even when it’s hot outside, it’s ugly, and it’s cavernous. It leaks. It’s just an altogether horrible place to spend two days taking the most important test of your life.

And there’s no food [cue Walrus music]. But at least that is about to get better…

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In case you’re not already well aware, a punishing heat wave has been pummeling the East Coast for days. It is freaking HOT out. There’s nothing quite like walking outside of an air-conditioned building and getting punched in the face with a burst of swelteringly humid air. Seriously, there hasn’t been a single day this week when the temperature hasn’t reached the upper 90s. People — especially in New York — are pissed off in general that they have to be alive and function as human beings right now.

You can imagine how pleased these folks must be when they have to attend to their own legal wranglings during this time of extreme weather. Because if you like the justice system, then you’re going to LOVE it when you’re dripping with sweat inside of a courthouse.

What better way to soothe the already angry mob than to throw bed bugs into the mix?

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I wrote last week about my participation on a statewide panel on in-house attorney registration and pro bono work. As stated, Chief Judge Lippman and Judge Graffeo of the New York Court of Appeals, are spearheading the effort to have all New York in-house counsel, who are not admitted in New York, register with the courts. The State Legislature has gone further and has passed legislation making it a felony to fail to so register. In other words, starting November 1 of this year, failure to register can get you a charge of unlicensed practice of law (“UPL”). The resulting comments to this news ranged from snarky to ignorant. My suggestion to those that this upsets would be to suck it up, because the times they are a-changing.

As attorneys admitted in New York, we knew what we were signing up for when we joined the Bar. Pro bono work is a duty, not something to be swept under the rug with a “too busy, sorry.” An estimated 2.3 million people going unrepresented in New York is not only sad, but unnecessary. And law firms can only pick up so much of the slack. They have their own issues with pro bono, but at least give lip service to attempting to assist. In-house counsel are an untapped reservoir of capable attorneys who can at least act as a drop in the bucket of a pool of folks in need of representation…

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Lauren Giddings

* You think you know Justice Clarence Thomas, but you have no idea. Here are several myths about the silent Supreme Court star that he was capable of busting in just this term alone. [WSJ Law Blog (sub. req.)]

* According to the CBO, the immigration reform bill being considered in the Senate would allow eight million immigrants to gain legal status and lower the deficit by billions. But alas, dey still terk er jerbs! [NPR]

* Google is doing its best to try not to be evil by asking the FISA court to ease up on gag orders preventing the internet giant from telling the world about what it’s required to give to the government. [Washington Post]

* Florida firm Becker & Poliakoff will withhold 20% of equity partners’ pay, a move that made some lawyers cry. The firm is apparently planning to save the cash for a rainy day. [Daily Business Review]

* Paul Mannina, an attorney with the Labor Department charged with sexually assaulting a coworker, was found in his cell with his throat slashed. Police are investigating the death. [Washington Post]

* FYI, your aspirational pro bono hours — or complete and utter lack thereof — will now be public record in New York, and you must report them on your biannual registration forms. [New York Law Journal]

* Coming soon to a law school near you: really old books from the 13th century that’ll probably turn into dust if you dare try to read them. You can find this nerdgasm over at Yale Law. [National Law Journal]

* The family of Lauren Giddings, the slain Mercer Law graduate, has filed a $5 million wrongful death suit in federal court against accused killer Stephen McDaniel in the hopes of finding her remains. [Telegraph]

That headline woke some of you up, I am sure. But don’t worry — keep reading for the details.

When a judge “requests” that you attend a function, or to represent an indigent client, or to work on a statewide task force, you don’t say no. Not only is it bad form to refuse such a request, accepting the invitation can get you a seat at a table full of people smarter than you, and might just allow you to have an impact on pending judiciary rules.

I met yesterday with a statewide task force on in-house attorney registration and pro bono work. Chief Judge Lippman and Judge Victoria Graffeo of the New York Court of Appeals are spearheading the effort to have all New York in-house counsel, who are not admitted in New York, register with the courts. The State Legislature has gone further and has passed legislation making it a felony to fail to so register. In other words, failure to register can get you a charge of unlicensed practice of law (“UPL”). The following is excerpted from correspondence with Judge Graffeo…

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Ed. note: This is the latest installment in a series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” takes a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.

Next in our series on a taxonomy of law firms are the capital-markets centric firms.

If you think this moniker roughly translates to the classic New York white shoe elite, move to the head of the class.

But, as much in our world at the start of the 21st Century, it’s not exactly that simple. Here’s what’s different about these firms.

First, recall that we’ve hypothesized seven primary species…

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* Crafty trial tactics out of C-Town. A Cuyahoga County prosecutor was fired after he admitted to posing as a woman in a Facebook chat with an accused killer’s alibi witnesses in an attempt to persuade them to change their testimony. [Cleveland Plain Dealer]

* If you post on Facebook asking your employer to fire you, you can’t get mad when they, you know, fire you. [IT-Lex]

* Yeah. Where the hell is Fisher? [PrawfsBlawg]

* It’s a week late, but congratulations to whatever genius is behind UChiLawGo on graduating. [UChiLawGo]

* Once again, you can’t pay your bill with pennies just to get revenge. [Legal Juice]

* Some tips on turning your basketcaseness into eustress, which apparently means “good stress.” [Associate's Mind]

* New York eyes raising the retirement age for judges to 80. [New York Times]

Move over Prenda, there’s a new IP troll in town and it’s New York State.

Or at least the third-party agency assigned to protect New York’s trademark, and it’s harassing everyone it can find over an iconic image that few would recognize as a trademark.

But what elevates this trolling to a new level is that enforcing this trademark actually frustrates the mission of the holder. And isn’t promoting the business of the holder kind of the whole point of intellectual property protection?

And what really elevates this case is that the IP troll is literally sticking it to the Everyman…

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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…

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