* Here’s the answer to the question everyone’s been asking since December: the Supreme Court will be hearing the gay-marriage cases on March 26 (Prop 8) and March 27 (Windsor). No extra time for args? [WSJ Law Blog (sub. req.)]
* Wherein Scott Greenfield responds to Mark Herrmann’s thoughts on bench memos — or, in Greenfield’s words, why our important appellate decisions shouldn’t be left “in the hands of children” (aka law clerks). [Simple Justice]
* Will the latest massive mortgage settlements lead to lawyer layoffs? [Going Concern]
* Cy Vance’s ears must’ve been ringing when this opinion came out, because the judges on this appellate panel said the prosecution’s case was based on “pure conjecture bolstered by empty rhetoric.” [WiseLawNY]
* Apparently a Santa Clara law professor is getting pummeled in the comments on various law blogs because of his thoughts on law school. As Rihanna would say, “Shine bright like Steve Diamond.” [Constitutional Daily]
* Meditation and mindfulness are more mainstream than ever in the practice of law, but given all the tales of stressed out lawyers’ alleged misconduct we hear about, you certainly wouldn’t know it. [Underdog]
* And from our friends at RollOnFriday, you can see what the folks at Norton Rose do in their spare time….
* 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]
* 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]
* 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]
Unlike when the New York bar exam results were released in early November, we’re not experiencing a hurricane-induced blackout. But today, some people might wish that they were experiencing a different kind of hurricane-induced blackout (one that involves alcohol, not nature), because we’ve finally got a list of the passage rates for the July 2012 administration of the New York bar exam by law school.
Last year, more than half of the state’s law schools were able to improve their pass rates over the prior year’s results. This year, more than half of the state’s law schools saw a decline in their pass rates, and in some cases, epically so. The state’s pass rate for first-time takers dropped a whole percentage point, due in part to the law schools’ reversal in fortune.
So which law schools’ pass rates tumbled, and by how much?
There is a bizarre story developing on the streets of New York. A law student walked out of a hotel in broad daylight in midtown Manhattan and was murdered by a silent assassin who then, coldly, got into a getaway car that politely stopped at a red light overlooking the body.
I’m going to go on and assume that this homicide didn’t happen because of outstanding law school debts. Or maybe that’s just what I want to believe….
* “The people who are paying us say this is what we want.” When it comes to cross-border mergers, law firms aren’t becoming behemoths for the hell of it. The end goal is to be able to edge out the rest of the competition. [Wall Street Journal (sub. req.)]
* It’s been six weeks since Hurricane Sandy hit the east coast, and “[e]verybody wants to go back downtown,” but some Biglaw firms in New York City — firms like Harris Beach and Cahill Gordon — are still stuck in their temporary offices. [New York Law Journal]
* Following Jeh Johnson’s adieu to the DoD, drone-loving Harold Koh will be packing up his office at the State Department and returning to Yale Law to resume his professorship next month. [WSJ Law Blog (sub. req.)]
* According to the Bureau of Labor Statistics, the legal sector is employing 5,800 more people than it was at this time last year. We’d be in good shape if 40,000 people hadn’t graduated law school in May. [Am Law Daily]
* Another day, another wrist slap: Villanova Law has been placed on probation for by the Association of American Law Schools over its grade-inflation scandal. Does that even mean anything? [Philadelphia Inquirer]
* The Lanier Law Firm, known for its spectacular Christmas parties, hosted some country superstars at this year’s event. Guess we know where Faith Hill and Tim McGraw go for legal assistance. [Houston Chronicle]
* A slim majority of American adults think that federal government employees should just sit back, relax, and smoke a bowl instead of enforcing federal laws against marijuana use. [FiveThirtyEight / New York Times]
* “I’m sorry they are confused in the White House.” Puerto Rico’s statehood referendum received a majority of votes, but lawmakers say the results of the two-part plebiscite are too confusing to add a 51st state. [CNN]
* Just how quickly will state-by-state legal education be able to respond to changing market conditions? Thus far, both New York and California have proven themselves to be pretty damn nimble. [Legal Ethics Forum]
* Here’s a cute docket sheet entry from Judge Marcia Cooke in the Southern District of Florida. Thanks for not being a grinch this holiday season, Your Honor! [Southern District of Florida Blog]
* A town in Germany has started using “female friendly” parking spaces, because parking a car is just so hard for we womenfolk to do when we’re supposed to be barefoot and pregnant in the kitchen. [Telegraph]
* Hiram Chodosh, once named as a law dean hottie, has been named the fifth president of Claremont McKenna College. Of course, the former title is cooler than the latter, don’t you think? [Sacramento Bee]
* On the even of the Supreme Court’s conference that will determine whether a gay marriage case will be on the docket in 2013, a federal judge ruled that Nevada can ban the practice in the state. Not fab. [BuzzFeed]
* A bankruptcy judge gave Dewey & LeBoeuf’s unsecured creditors the go-ahead to sue the pants off Joel Sanders and the Steves (a moniker for what likely would’ve been an extremely orange band). [Am Law Daily]
* Hostess Brands received final approval to wind down its business and begin selling off its Twinkies to satisfy its creditors, but not before $1.8M in bonuses payouts were authorized. [DealBook / New York Times]
* UCLA School of Law recently announced its plans to offer an LL.M. in Law and Sexuality. Now, recall that just one month ago, Justice Scalia advised students not to take “law and _____” courses. [National Law Journal]
* Dominique Strauss-Kahn agreed to settle a suit brought against him by a hotel maid who accused him of rape. We still don’t know the dollar amount, but we bet he kept his aggravated pimp hand strong. [Bloomberg]
* A day in the life of Lindsay Lohan includes an arrest for assault in New York, followed by charges related to a car crash in California. Her legal drama is almost as bad as Liz & Dick. [Daily Dish / San Francisco Chronicle]
Tensions between cyclists and pedestrians are always high in big cities, especially a city like New York. When walking on extremely crowded sidewalks, it’s never a pleasant experience to be nearly blindsided as some dude on a bike whizzes by at high speed without a care in the world. We pedestrians are arguably more balanced than those riding bicycles — if one of us got knocked down, we might complain about a scraped knee for a week or two before getting over it. It wouldn’t really be that big of a deal.
But if a cyclist gets knocked down, the consequences could be much worse, and one Sidley Austin lawyer is learning just what a big deal something like this can turn into once the courts are involved. Back in June, Marshall Feiring, tax counsel at Sidley Austin, was arrested and charged with third degree assault and second degree harassment after he allegedly stepped into the bike lane in Central Park and made contact with a female cyclist, causing her to crash.
As if the criminal charges weren’t enough, Feiring is now being sued over the incident….
This website has been sadly bereft of Pussy Riot coverage. Sadly, because typing the words “Pussy Riot” is fun. Pussy Riot. Pussy Riot. If you don’t know of what I speak, here’s a quick crash course on all things Pussy and Riot. They’re a female punk band in Russia and, this August, three of their members were convicted of something called hooliganism because of a performance that took place in an Orthodox Christian cathedral, where the band shouted anti-Putin slogans and railed against the Orthodox Church’s support of the Russian president. Comprende?
Well, like that Che Guevara shirt you thought was so transgressive at the time and now looks like nothing more than the celebration of conformity and a youthful attempt to graft meaning onto an otherwise whitebread, boring upbringing, the Pussy Riot gals have transcended politics to become something even greater. Namely, fashion. The lasses of Pussy Riot have inspired lame middle class American kids to start wearing balaclavas.
If you don’t know what a balaclava is, don’t despair. I had to look it up too. It’s just a ski mask.
But contra Freud, the state of New York believes that sometimes a ski mask is not just a ski mask. Sometimes, it’s a criminal act…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.