Ninth Circuit

  • Does Biglaw have a pedigree problem?

    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]

    11 Comments / / Jan 23, 2014 at 9:12 AM
  • Kate Moss

    9th Circuit, American Bar Association / ABA, Biglaw, Blogging, Celebrities, Free Speech, Law Schools, Morning Docket, Perks / Fringe Benefits, Pregnancy / Paternity, Suicide, Texas

    Morning Docket: 01.21.14

    * For the first time, a federal appeals court extended First Amendment protections reserved for trained journalists at traditional news entities to bloggers. Yippee, thanks Ninth Circuit! [L.A. Now / Los Angeles Times]

    * If you want a Biglaw firm with a really generous 401(k) plan, look no further than Sullivan & Cromwell. It’s the most generous law firm plan in the country, with O’Melveny & Myers in second place. [BenefitsPro]

    * A brain-dead patient in Texas is being used as an incubator because a state law requires hospitals to continue life support for pregnant women. Calling this the “cruelest pregnancy” is much too kind. [New York Times]

    * Here are some depressing facts: not only are lawyers 3.6 times more likely to be depressed than non-lawyers, but they also rank in fourth place in terms of suicides per profession. Call someone if you need help. [CNN]

    * Florida A&M must be absolutely thrilled that the ABA canceled the school’s show-cause hearing. It appears that the law school will be able to keep its accreditation, for now. [Tallahassee Democrat]

    * If you’re a parent considering going to law school with a young child at home, congrats, because you must be rich to be toying with an idea like that. [Law Admissions Lowdown / U.S. News & World Report]

    * Playboy is suing Harper’s Bazaar for using its pictures of Kate Moss without permission. The men’s mag wants $150K per picture posted on the luxury mag’s website — that’s one lavish lapin. [Independent]

    18 Comments / / Jan 21, 2014 at 8:56 AM
  • Ylvis_The_Fox

    9th Circuit, Drugs, Food, Non-Sequiturs, Parties, Police, Technology, Wal-Mart

    Non-Sequiturs: 01.15.14

    * Wal-Mart may recall loads of donkey meat from their stores. Not because they sold donkey meat — they intended to do that — but because there was fox meat mixed in. What does the Fox Say? Nothing, because it was ground into donkey meat. The end. [MSN Money]

    * Of course Colorado got rid of mile marker 420. But it’s not because they don’t like weed — it’s legal there, after all — check out the real reason. [Lowering the Bar]

    * Judges are reading briefs on iPads now? Here’s how you write a brief for a judge who has an app for “law.” [Columbia Business Law Review]

    * A listing of this lawyer’s previous representations. In the words of our tipster: “Don’t know what’s worse: Courtney Love or the Gambino crime family.” [Andrew Mancilla, Esq.]

    * The Ninth Circuit gave the go-ahead for about 60,000 tech workers to sue Google, Apple, and other companies for artificially driving down wages by agreeing not to poach each others’ employees. Hey, give these folks some love, not every one of them is going to go start a new video game company. [Reuters]

    * A lot of Cuban-American families in Miami blow a lot of money on quinceañeras. Here’s a way to recoup some funds: throw a completely innocent party and wait for the cops to come by and commit police brutality. This guy netted $90,000 that way. [Miami New Times]

    2 Comments / / Jan 15, 2014 at 5:03 PM
  • The guy in today's story didn't dress up like Gumby, but it's still an amazingly stupid disguise.

    9th Circuit, Biglaw, Blogging, CIA, Federal Judges, George Bush, Lateral Moves, Law School Deans, Law Schools, Non-Sequiturs, Partner Issues, Tax Law

    Non-Sequiturs: 01.02.14

    * Man tried to rob a convenience store so he could go back to prison. And he almost screwed that up… [KMOV]

    * The CIA’s former lawyer explains how torture came to be a go-to national policy. According to John Rizzo, author of the forthcoming Company Man (affiliate link), George W. Bush basically had no conception of what was going on, which makes a lot of sense anyway. [The New Yorker]

    * Brooklyn Law’s Dean Nick Allard makes predictions for law schools in 2014. “[P]eople will look back at 2014 and say it marked the start of the new world of law: a renaissance where the respect and reputation of lawyers and law schools began to rise by measurable benchmarks.” Go ahead and laugh, I’ll wait. [TaxProf Blog]

    * Paul, Weiss picks up tax partner Scott Sontag from Weil Gotshal. (Congrats to both firms, by the way, on tying for the #9 spot in our list of top-ranked law firms for 2013.) [Paul, Weiss]

    * Nooooooooooooo! Judge Richard Kopf is ending his blog. [Hercules and the Umpire]

    * And the hits keep on coming. Professor Kyle Graham is also leaving the blogosphere. [Non Curat Lex]

    * The Ninth Circuit will start streaming all of its oral arguments next week. If you want to help them out, tune in. No promises that the panel will excoriate any prosecutors this time. [Ninth Circuit]

    1 Comment / / Jan 2, 2014 at 4:47 PM
  • ninth circuit seal 9th circuit seal

    9th Circuit, Alex Kozinski, Technology, Videos

    Can You Help Out The Ninth Circuit?

    It’s an easy and simple request; all you need is a web browser.

    12 Comments / / Dec 10, 2013 at 12:12 PM
  • His Honor objects!

    9th Circuit, Alex Kozinski, Cars, Quote of the Day

    Chief Judge Kozinski: His Honor Objects!

    Welcome to what one legal journalist describes as a “lawyer’s nightmare.”

    9 Comments / / Nov 21, 2013 at 1:38 PM
  • Does this man look like a criminal? A Bond villain, maybe...

    9th Circuit, Disasters / Emergencies, Intellectual Property, Jay Bybee, JPMorgan Chase, Jury Duty, Non-Sequiturs, Technology

    Non-Sequiturs: 11.20.13

    * CeeLo Green, through his attorney, tells the judge and prosecutors in his criminal case to, um, Forget themselves. He’s miffed that the judge and prosecutors set up cameras during his arraignment and left themselves out of the shot creating a false impression of guilt. This marks the first time this guy didn’t want a camera fixated solely on him. [TMZ]

    * Samsung wants a mistrial in its case with Apple because Apple’s attorney, Harold McElhinny, implied in his closing argument that American-made jobs building TV sets moved overseas because companies failed to protect intellectual property. Samsung is arguing that this is racist. [Bloomberg]

    * Remember the matter of the attorney supposedly stalking a jury? Well, the judge has overturned the verdict over it. [Courthouse News Service]

    * A week in the life of a Biglaw litigation associate. It’s a decent list, but where were the Thursday Night Football and Netflix? You’ll see what I mean in the next story. [Big Law Rebel]

    * JPMorgan is awfully sorry for making the conscious decision to sell toxic securities that helped destroy the economy. “Our bad, y’all!” [Gawker]

    * The justices who penned Bush v. Gore shamelessly admitted how terrible the decision was by trying to claim it had no precedential value. Unfortunately, no one listened to them. [Mother Jones]

    * In addition to the many law firms that are contributing to Typhoon Haiyan relief efforts, several Asian-American lawyer groups are organizing a fundraising event this coming Monday. If you’re in New York, please consider attending! [Facebook; AABANY]

    * In sad news, the son of Ninth Circuit Judge Jay Bybee shot and killed himself in the courtyard of the LDS Temple in Henderson, NV. Our thoughts are with Judge Bybee and his family. [Las Vegas Review-Journal (gavel bang: Las Vegas Law Blog)]

    0 Comments / / Nov 20, 2013 at 5:02 PM
  • Mark Wahlberg RF

    9th Circuit, Alex Kozinski, Benchslaps, Facebook, Fashion, Law Schools, LSAT, Non-Sequiturs, Shira Scheindlin

    Non-Sequiturs: 11.13.13

    * I’ve never heard of a “copyist.” Apparently it’s what you call people who “steal” intellectual property that isn’t actually protected. I’d care, but I’m too busy trying to figure out how The Onion would write this blurb. [You Thought We Wouldn’t Notice]

    * And now time for your annoying “why do LAWYERS get money instead of PLAINTIFFS??????” post: The Stop-and-Frisk edition. While I wait for some of you to get off the turnip truck, I’ll note that I don’t begrudge the lawyers who helped bring to light the horrible NYPD tactics one cent. [New York Observer]

    * Tom Cruise’s lawyer almost got Tom Cruise’s ass beat down by Mark Wahlberg’s fists. [Gawker]

    * IED explodes in a district attorney’s office in Oregon. No one was injured. So jokes about Stanford blowing up Oregon’s BCS title chances remain totally appropriate and cool. [ABA Journal]

    * Every year, people ask if the February LSAT is “too late” if you want to start law school the next fall. And every year, I want to say “How in the f*** can you not get your s*** together to take the LSAT earlier, but just have to start attending law school as soon as possible?” [LawSchooli.com]

    * Will the Ninth Circuit follow up its oral benchslap with a written one? One professor doubts it. [Volokh Conspiracy]

    11 Comments / / Nov 13, 2013 at 5:22 PM
  • Calabresi Kozinski RF

    9th Circuit, Alex Kozinski, Conferences / Symposia, Diarmuid O'Scannlain, Federal Judges, Federalist Society, Guido Calabresi, Immigration, Law Schools, Pictures

    Chief Judge Kozinski On The Immigrant Experience And Judging

    Here are some highlights for Chief Judge Kozinski’s remarks at Yale Law School yesterday.

    11 Comments / / Nov 12, 2013 at 1:37 PM
  • Ted Cruz

    9th Circuit, Biglaw, Crime, Insider Trading, Job Searches, Law Firm Mergers, Law Schools, Morning Docket, Patents, R. Ted Cruz, Sports, Technology, Trials

    Morning Docket: 11.11.13

    * After months of gains, the legal industry lost 900 jobs in October, just as some of the big state bar exam results came out. We imagine the folks who rallied for the 10-months-after-graduation employment statistic are as pleased as punch. [Am Law Daily]

    * “How do we find a new inventory of high net worth clients?” The answer for Kelly Drye was really quite simple: it seems that pro athletes are willing to pay just about anything to keep themselves from going bankrupt. [Capital Business / Washington Post]

    * “I don’t know why it’s better to use a bigger firm.” When it comes to the latest law firm mega-mergers, some say that it’s not the size of the boat, but the motion of the ocean. [Wall Street Journal (sub. req.)]

    * It’s like Groundhog Day for these Biglaw attorneys: Apple and Samsung are preparing for the “patent trial of the century,” part deux, and both MoFo and Quinn Emanuel have enlisted new lineups. [The Recorder]

    * SAC Capital’s general counsel is okay, “[a]ll things considered.” His painful appendectomy is nothing compared to the $1.2 billion his hedge fund has to pay the government. [DealBook / New York Times]

    * Ted Cruz might be an “AASS,” but he’s done at least one awesome thing in his life. He once drank so much Everclear that he completely ruined a play put on by the Harvard Law drama society. [Boston Globe]

    * The Z-list actress who sued IMDb for revealing her age filed an appeal with the Ninth Circuit because hey, some of those judges are pretty old. Maybe they’ll sympathize. [Hollywood, Esq. / Hollywood Reporter]

    2 Comments / / Nov 11, 2013 at 8:59 AM
  • Jodi Arias

    9th Circuit, Antitrust, BAR/BRI, Biglaw, Defamation, Law Firm Mergers, Morning Docket, Murder, Pregnancy / Paternity, Secretaries / Administrative Assistants

    Morning Docket: 10.25.13

    * Trouble in paradise, so soon? The proposed merger between Dentons and McKenna Long & Aldridge has been delayed. McKenna has postponed its partnership vote, and Dentons says no partnership vote was ever planned. [Daily Report]

    * Wherein a firm fails to Latham an ex-employee’s baby mama drama: a legal secretary who was allegedly told her pregnancy complications “were not [the director of HR’s] problem” will see her case against L&W move forward. [Blog of Legal Times]

    * You know that relations have grown bitter between opposing counsel when attorneys from one firm refer to lawyers from the other as “Monday Morning Quarterbacks.” The legal fee dispute in the BARBRI antitrust case rages on at the Ninth Circuit. [National Law Journal]

    * Paging ProudCooleyGrad: Kurzon Strauss, the firm that sued Cooley Law over its allegedly deceptive job stats, is trying to get records unsealed in the school’s defamation case that’s now on appeal. [MLive.com]

    * Convicted murderer and jailhouse hottie Jodi Arias is accepting donations for her appeals fund. It could be worth your while — if you donate enough, maybe she’ll consider turning you into her next victim. [HLN TV]

    3 Comments / / Oct 25, 2013 at 9:10 AM
  • money pocketed by man in suit

    9th Circuit, Biglaw, Fabulosity, Federal Judges, Judicial Nominations, Money, Munger Tolles & Olson, Partner Issues, Partner Profits, Rankings

    For Whom The Munger Tolles: A Peek At Partner Pay

    How much do Munger Tolles partners earn? Financial disclosure filings for two judicial nominees provide hints.

    11 Comments / / Oct 22, 2013 at 4:22 PM
  • 220px-Zombies_NightoftheLivingDead

    9th Circuit, Benchslaps, Federalist Society, Law Schools, Music, Non-Sequiturs, Privacy, SCOTUS, Supreme Court, Supreme Court Clerks

    Non-Sequiturs: 10.09.13

    * Just in time for Halloween, here’s a real Night of the Living Dead scenario. In Ohio you only have 3 years to challenge a ruling that you’re legally dead. After that, regardless of how f**king “alive” you are, you have to stay dead. [WTAE]

    * Remember the epic Ninth Circuit benchslap oral argument? Well, the government read the writing on the wall and has confessed error and vowed to use the video of the oral argument as a training tool for its attorneys. We hope they’ll consider using the ATL write-up as supplemental reading material. [The Volokh Conspiracy]

    * Corporette offers some good advice on how to write great cover letters. A good start is not writing one like this guy we profiled awhile ago. [Corporette]

    * A fund has been set up to help the man injured in the alleged hit-and-run involving a Hastings student. [We Pay]

    * Law schools tell us they’re moving toward a model encouraging practical skills… and keep hiring more professors without any practical skills. #fail [Lawyers, Guns & Money]

    * Does anyone remember 16 Tons by Tennessee Ernie Ford? Let’s say you do. Here are revised lyrics for 1Ls. [Law Prof Blawg]

    * Infographic telling us what we all knew — the bubble done burst. [Online Paralegal Programs]

    * The Ole Miss FedSoc has readopted Colonel Reb, the now departed Ole Miss mascot, who the student body rose up and tried to replace with Admiral Ackbar solely because the collected student body figured out this was racist (prompting one of my friends to create this brilliant image). So as Elie asks, “Is it really news that the Ole Miss FedSoc is raceist?” [Ole Miss]

    * A visit with Bill Coleman Jr., the first African-American Supreme Court clerk. [Judicial Clerk Review]

    * More about the Stephentown incident in which 300 kids broke into a guy’s house and live-tweeted the $20,000 in damage they did. Some parents have threatened to sue him for identifying the kids who ruined his house — because blaming the victim is awesome! [IT-Lex]

    * Today in contrarian arguments, fracking could solve the global water crisis. [Breaking Energy]

    2 Comments / / Oct 9, 2013 at 5:04 PM
  • benchslap-RF

    9th Circuit, Alex Kozinski, Benchslaps, Harry Pregerson, Kim McLane Wardlaw, Trials, Videos

    Who Wants To Watch a Prosecutor Get Benchslapped En Banc?

    Another question: Why don’t we have a Chief Judge Kozinski and Judge Pregerson buddy comedy?

    30 Comments / / Sep 23, 2013 at 12:34 PM
  • Law school's epitaph?

    9th Circuit, Akin Gump, American Bar Association / ABA, Bankruptcy, Biglaw, Clerkships, Contract Attorneys, D.C. Circuit, Federal Judges, Judicial Nominations, Law Schools, Morning Docket, Munger Tolles & Olson, Senate Judiciary Committee, Supreme Court Clerks, Ted Frank

    Morning Docket: 08.02.13

    * Hiring a Supreme Court clerk might not be worth a $500,000 gamble for some Biglaw firms. Some will take that sweet sign-on bonus and remove their golden handcuffs before a year is out. [Capital Comment / Washingtonian]

    * Akin Gump partner and D.C. Circuit nominee Patricia Millett won approval from the Senate Judiciary Committee by a margin of 10-8 along party lines, and now her nomination will head to the full Senate for a vote. [Huffington Post]

    * President Obama nominated Michelle Friedland and John Owens, two young Munger Tolles & Olson partners, for seats on the Ninth Circuit. If confirmed, that’ll make three partners from the same firm on the bench. [The Recorder]

    * Sorry, law firms, but it’s no longer cool to inflate hourly billing rates for contract attorneys when you pay them substantially less. You can thank Ted Frank for this judicial revelation. [WSJ Law Blog]

    * The ABA Task Force on the Future of Legal Education thinks that just about everything having to do with law schools is “deeply flawed” and needs “serious re-engineering.” How comforting. [ABA Journal]

    * Law School Transparency is willing to assist schools with the reporting of their ABA post-graduation job placement statistics, for a price. How much is integrity worth these days? [National Law Journal]

    * For $25K, Casey Anthony’s bankruptcy trustee won’t make her sell the worldwide rights to her story — like her theory of the crime she was acquitted of, it “exists solely within [her] mind.” [Sun-Sentinel]

    12 Comments / / Aug 2, 2013 at 9:14 AM
  • student-loan-debt

    9th Circuit, Banking Law, Bar Exams, Biglaw, Books, Federal Government, Federal Judges, Law Schools, Money, Morning Docket, Racism, Ruth Bader Ginsburg, SCOTUS, Sentencing Law, Sports, Student Loans, Supreme Court, United Kingdom / Great Britain, Video games

    Morning Docket: 08.01.13

    Ed. note: We are having an Above the Law retreat this afternoon, so we may be less prolific than usual today. We will return to our regularly scheduled programming tomorrow.

    * “I think I am now the hardest-working justice. I wasn’t until David Souter left us.” Justice Ginsburg celebrates her twentieth year on the high bench in true diva style. [USA Today]

    * Sorry, EA, the Ninth Circuit thought your First Amendment free expression defense to allegedly stealing college sports players’ likenesses was a load of hooey. [Wall Street Journal]

    * “It’s a decision that clearly favors the merchants.” A federal judge gave the Fed a spanking in a ruling on its cap for debit card fees earned by banks after consumer swipes. [DealBook / New York Times]

    * “What makes this discriminatory? I don’t think there’s anything in Title 7 that says an employer has to be consistent.” Ropes & Gray’s “token black associate” had his day in court. [National Law Journal]

    * The firm that outed J.K. Rowling as author of “The Cuckoo’s Calling” will make a charitable donation as an apology — getting the book to the bestseller’s list wasn’t charitable enough. [New York Times]

    * As the bar exam draws to a close today, here’s something to consider: 12,250 people signed up to take the test in New York alone. Are there jobs out there for them? Best of luck! [New York Law Journal]

    * The feds want to make a better return on their investment on law student loans. Perhaps it’s time for those good old gainful employment regulations. [Student Loan Ranger / U.S. News & World Report]

    * Cleveland kidnapper Ariel Castro is expected to speak at his sentencing hearing today, where a judge will decide if a term of life in prison plus 1,000 years is appropriate punishment for him. [CBS News]

    14 Comments / / Aug 1, 2013 at 9:25 AM
  • Brian Zulberti

    9th Circuit, Biglaw, Cozen O'Connor, Divorce Train Wrecks, Gay, Gay Marriage, Job Searches, Jury Duty, Law Schools, Lesbians, Litigators, Morning Docket, SCOTUS, Supreme Court, Women's Issues

    Morning Docket: 07.30.13

    * The number of women arguing before the Supreme Court is still small, but most of its appellate practitioners follow sage advice like this: “Clerk, work, and don’t be a jerk.” [National Law Journal]

    * If you were curious about whether gays and lesbians could be excluded from juries on the basis of their sexual orientation, the Ninth Circuit is about to lay down the law. [New York Times]

    * Now that the Supreme Court has ruled in Windsor, Cozen O’Connor will be forced to give a deceased partner’s profit-sharing benefits to her wife, and not her parents. [Legal Intelligencer]

    * Who are Biglaw’s top innovators of the last 50 years? There are many familiar names, but one of them is near and dear to our own hearts at Above the Law: It’s our managing editor, David Lat. Congratulations! [Am Law Daily]

    * If you’re making a career change to go to law school, you should think about why the the hell you’d do such a thing right now — or try to leverage it in applications. [Law Admissions Lowdown / U.S. News]

    * In a surprise move, Wendi Murdoch, better known as Rupert Murdoch’s soon-to-be ex-wife, has hired William Zabel to represent her in the divorce. This is going to get very, very messy. [New York Times]

    * “Why you mad, bro?” Brian Zulberti, the man with the muscles, is trying to make the most of his 15 minutes of fame. He’s lined up several job interviews, so wish him good luck. [Delaware News Journal]

    5 Comments / / Jul 30, 2013 at 9:06 AM
  • J._K._Rowling_2010

    9th Circuit, Attorney Misconduct, Bankruptcy, Books, Football, Law Schools, Legal Ethics, Non-Sequiturs, Student Loans, United Kingdom / Great Britain

    Non-Sequiturs: 07.18.13

    * J.K. Rowling’s outing as The Cuckoo’s Calling (affiliate link) author Robert Galbraith has rendered print copies of the book scarce and a hot collector’s item. Now Rowling is hurling Cruciatus curses at her lawyers as the source of the revelation. [The Guardian]

    * The New York Times weighs in on the worth of a law degree debate and makes Elie’s day by labeling him “indomitable.” [DealBook / New York Times]

    * After the Ninth Circuit struck a tone of sanity, federal bankruptcy judges in Michigan and Tennessee remind us that law school debt is forever. [The National Law Journal]

    * The hottest barristers in London. Meh. Holding out for the hottest solicitors countdown. [Legal Cheek]

    * A lawyer should get suspended for smuggling stuff out of prison for a client. But shouldn’t the punishment be a tad more severe for smuggling a HIT LIST out of prison for a client? [Mercury News]

    * The Ten Competencies that law schools should teach. I’d add “understanding how to order from Seamless at 4AM,” but otherwise it’s a solid list. [Associate’s Mind]

    * Penn State has approved a $60 million settlement in the Sandusky cases. Which is less than the football program makes in a year. [Deadspin]

    * Apparently, the laws and other conditions surrounding America’s oil industry make it only the fifth friendliest place to extract petroleum in the world. Thanks a bunch you granola-eating socialists. [Breaking Energy]

    * It’s not over yet, but the current projection for law school applicants this year is 59,200. My response to those fresh young go-getters after the jump…

    12 Comments / / Jul 18, 2013 at 5:03 PM

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