Ninth Circuit

Certain firms are, in my opinion, routinely underrated in the Vault 100 rankings of law firm prestige. One of them is Williams & Connolly, currently #16, which strikes me as a top 10 firm. Another is Munger Tolles & Olson, which is all the way down at #34.

Munger is an amazing firm. Its attorneys work on major matters, including great pro bono cases, and its lawyers boast incredible pedigrees, with more Supreme Court clerks than you can shake a gavel at (wooed by $300,000 signing bonuses). At the same time, MTO gets top scores for diversity. These commitments to diversity and pro bono helped propel Munger to the #1 spot in the American Lawyer’s A-List rankings, which measure overall firm fabulosity (based on revenue per lawyer, pro bono work, attorney diversity, and associate satisfaction).

In light of all this, I’m still wondering why Munger doesn’t fare better in the Vault rankings (for whatever the Vault rankings are worth, and you’re free to argue about that). Perhaps MTO is hurt by its relatively small size and tight geographic focus, with offices in just two cities, Los Angeles and San Francisco. Or perhaps prestige is tied partly to partner profit, and Munger doesn’t hunger enough for money.

How much do MTO partners earn? Financial disclosures for two younger Munger partners, both nominated to the Ninth Circuit, shed a little light on this question….

double red triangle arrows Continue reading “For Whom The Munger Tolles: A Peek At Partner Pay”

* 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]

An en banc panel of the Ninth Circuit dropped one-liners, harsh mockery, and severe realkeeping for a little over an hour, and it’s entirely watchable because it’s so damn funny.

A federal prosecutor in California inserted a “fact” into his rebuttal that wasn’t in the record.

Overzealous prosecutor lies to get a conviction? To channel Ralph Wiggum, “that’s unpossible.” Now I can take off my old defense lawyer hat.

After the trial judge responded to these charges by shrugging his shoulders, the case wound its way to an en banc hearing of the Ninth Circuit, where a bevy of judges (including Chief Judge Alex Kozinski) rips into the government for sandbagging the defense out of a fair trial.

And it’s all on video….

double red triangle arrows Continue reading “Who Wants To Watch a Prosecutor Get Benchslapped En Banc?”

Law school’s epitaph?

* 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]

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]

Brian Zulberti

* 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]

* 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…

double red triangle arrows Continue reading “Non-Sequiturs: 07.18.13″

* Authorities are exhuming the Boston strangler suspect to attempt to match his DNA with a sample recovered from a victim killed almost 50 years ago, highlighting advances in DNA harvesting technology. In other news, COBRA Command claims that Project: Serpentor is moving along nicely. [NY Times]

* Ninth Circuit Judge William Fletcher dissents in the case of Deere v. Cullen. Judge Fletcher writes: “The majority holds that a judge suffering from dementia may sentence a man to death.” He’s so unreasonable. [PrawfsBlawg]

* The Texas student that Tamara Tabo wrote about this morning, whose arrest for making terrorist threats sparked a Facebook phenomenon, has been released on bail. [The Blaze]

* Kash Hill reports on the decision in the Sarah Jones case. The former cheerleader and current paralegal won $338,000 in her defamation suit. [Forbes]

* The advent of a new job in the field of sex work: The “Coparazzi,” documenting cop mistreatment of sex workers. This job title is offensive because it suggests that the Paparazzi are doing something admirable. [Jezebel]

* An argument for compromising reputation for scholarship money when selecting a law school. As one of the commenters on the article (steponitvelma) put it: “Congratulations. How wonderful.” [The Billfold]

* Women are realizing that husbands are crimping their style. [The Careerist]

* Who is the real John Roberts? Will he forever be known as health care reform’s savior, or the man who disregarded precedent to gut minority voting rights? Hell if we know, so we’ll let you be the judge. [Opinionator / New York Times]

* The man may be a mystery, but one thing’s for sure when it comes to Chief Justice Roberts: it’s fair to say that at this point, he’d sincerely appreciate it if his colleagues would kindly STFU during oral argument. [Big Story / Associated Press]

* Elena Kagan, a justice who was never a judge, is now being praised for her ability to put the law into terms that non-lawyers can understand. That’s a score for law professors everywhere. [New York Times]

* In terms of the Voting Rights Act, while the chances of the current Congress enacting a universal voting law are approximately nil, there are other effective avenues that could be taken. [New York Times]

* On Friday, the Ninth Circuit lifted the stay on gay marriages in California, and less than 24 hours later, Prop 8 supporters filed an emergency motion with SCOTUS to stop all of the weddings. Lovely. [NPR]

* Meanwhile, ex-judge Vaughn Walker thinks Justice Scalia’s having joined the high court’s majority on standing telegraphed the fact that he didn’t have votes to uphold Prop 8 as constitutional. [NPR]

* Rubber stamp this: Judges on the Foreign Intelligence Surveillance Court are so upset that they’re being made out as government patsies that they’re talking to the press about it. [Washington Post]

* Whether you think Chevron is “suing [Patton Boggs] lawyers for litigating” or for promoting fraud that “shocks the conscience,” here’s a summary of what’s going on in an epic case. [Washington Post]

* Got a high-profile criminal defense firm? Look out, because you may have captured Biglaw’s eye. Take, for example, Stillman & Friedman, which will be merging with Ballard Spahr. [New York Times]

* Apparently being in your mid-50s is a “good time to [retire]” for law deans who pull in six figures. Ken Randall, outgoing dean of Alabama Law, says he’s “really ready for the next challenge.” [AL.com]

Kamala D. Harris

Same-sex marriages can legally resume in California as soon as the Ninth Circuit Court of Appeals lifts its stay on the District Court Ruling. I ask that the Ninth Circuit lift this stay immediately, because gay and lesbian couples in California have waited long enough for their full civil rights.

– California Attorney General Kamala Harris, calling upon the Ninth Circuit to act sua sponte prior to receiving a mandate from the U.S. Supreme Court, which could take 25 days or more to occur.

(For additional thoughts on the future of gay marriage in California post-Perry, see Marty Lederman and Howard Wasserman.)

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