* When it comes to all of the same-sex marriage cases that are currently before the Sixth Circuit, the deciding vote could be cast by Judge Jeffrey Sutton, a Republican appointee. [National Law Journal]
* Weil Gotshal snagged a partner from right under one of its largest competitor’s noses. Ray Schrock, formerly of Kirkland & Ellis, may someday co-chair Weil’s restructuring group. [WSJ Law Blog]
* “I got the reward that most volunteers get — which is I ended up having to read many, many hundreds of pages.” This Ogletree Deakins partner figured out how to undo Obamacare in his spare time, and all he got were these lousy bifocals. [Greenville News]
* On-campus interviewing season is almost upon us, so we’re going to give you all of the tips you can stomach. Here are a few more ways that you can hit all of your interviews out of the park. [The Careerist]
* Albany Law and the University at Albany are shockingly not already affiliated with each other, but they’re exploring an “operational alliance.” Will that mean fewer faculty buyouts, or…? [Albany Business Review]
On Tuesday, the D.C. Circuit ruled against Matt Sissel, the Iowa artist and entrepreneur who challenged the Affordable Care Act’s individual mandate on the grounds that the law violated the U.S. Constitution’s Origination Clause. Article I, § 7, clause 1 requires that “all bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.” Obamacare raises government revenue by billions of dollars, but it was drafted in the Senate. Judge Judith Rogers wrote the opinion in Sissel v. HHS for a panel including two newly minted Obama appointees, Judge Nina Pillard and Judge Robert Wilkins.
This ruling comes in the wake of last week’s dueling decisions in Halbig v. Burwell and King v. Burwell. Another D.C. Circuit panel found that Obamacare subsidies were illegal in the 36 states that refused to set up state healthcare exchanges. On the same day, the Fourth Circuit disagreed. In court battles, Obamacare opponents are winning some and losing some.
* With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]
* I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]
* Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]
* The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]
* Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]
* Proximate cause and the Incredible Hulk. Whatever, everyone knows Kirby was the real brains behind Palsgraf. [The Legal Geeks]
* Someone is having fun with their RFAs: Admit… that we are going to whip the dog piss out of you. We were specifically chided: “please don’t say ‘only in Arkansas,’” so we won’t. You should feel free to say exactly that though. [Hawg Law Blog]
* Not really surprising, but patent trolling is the worst it has ever been. I’ll sit here and wait for the New York Times to blame millennials. [io9]
* The most important Supreme Court decision you’ve never heard of! Well, except I have heard of it. In fact, there was a year-long college debate topic about it. But it’s still important. [Washington Post]
* What’s the appropriate sentence for having a dog off a leash? Confining the guy to a seven-county area? [LA Weekly]
* Things to do in Denver when you’re a lawyer: allegedly scam a few million off a client. [Denver Post]
* Meet the lawyer who came up with the quirky reading that got the D.C. Circuit to temporarily derail Obamacare. [Wall Street Journal]
* Meanwhile, this title says it all about Halbig: “Well, Conjecture, Tendentious Misreadings, and Cherry Picking Are Kinds of Evidence.” Pour a little out for Lionel Hutz. [Lawyers, Guns & Money]
* Have you all called the Breaking Bad law firm number yet? Because it works, so go for it! [Legal Cheek]
* How to make airlines more profitable: make everyone sit on bicycle seats! [Lowering the Bar]
* Ilya Somin explains why the D.C. Circuit’s interpretation in Halbig isn’t absurd. And it’s not absurd. It just reflects the hilariously cynical conservative opposition to giving their own citizens tax breaks. [The Volokh Conspiracy / Washington Post]
* Ohio State fired its band director amid sexual harassment allegations. To fire a guy, Ohio State must have dotted every “i” in this investigation. [USA Today]
* Speaking of sexual harassment, the Navy’s Blue Angels are the subject of a sexual harassment suit. And somehow it involves a blue and gold penis seen from space. [Slate]
* The Chevron battle over Ecuador continues. Turns out the star witness Chevron paid upwards of $1 million to testify took 50 days of prep to finally get his ever-shifting story straight. [Huffington Post]
* There’s a new book out called Kate’s Escape from the Billable Hour (affiliate link). We haven’t read it, but apparently this tale of “a burnt-out, second-year attorney working in the dysfunctional world of Big Law” mentions ATL. So they definitely did their research. [Amazon]
* Watch a drunk guy give cops a lesson in Con Law. Video after the jump…. [Barstool Sports]
* Somebody got confused and thought that Stand Your Ground laws applied to protect black people. [News 4 Jax]
* In Louisiana, a justice of the peace is given public money to hire all their staff and buy all their equipment and pay themselves whatever salary they want out of the remainder. One guy had a very clever idea about how to allocate that money and it set off a legal fight. Oh, and apparently the best job in Louisiana is to be a constable. So now you know. [Times-Picayune]
* Do you know the 12 Rules of Client Service? Are you at least ready to fight over them? [What About Clients?]
* Newark police can’t even come up with constitutional excuses for 75 percent of what they do. [Slate]
* Lululemon figured that patent trolls were onto something and patented its clothing designs and aggressively pursues anyone who dares design a tank top with a built-in bra. Who would ever have thought of such an original idea? [Jezebel]
* The University of California is increasing non-resident enrollment for budget reasons. Law schools presumably follow suit. [TaxProf Blog]
How the cupcake crumbles: the once-successful venture of an NYLS grad and her husband needs a rescue.
* “Duke University is not and never has been in the business of producing, marketing, distributing, or selling alcohol.” Some bros down in Durham disagree. [ABA Journal]
* If you see something… sue someone? The ACLU and Asian American civil rights groups, together with some help from Bingham McCutchen, have filed a legal challenge to the Suspicious Activity Reporting database. [New York Times]
* Congrats to David Hashmall, the incoming chair of Goodwin Procter — and congrats to outgoing chair Regina Pisa, the first woman ever to lead an Am Law 100 firm, on her long and successful leadership. [American Lawyer]
* A group of investors might end up devouring Crumbs, the cupcake-store chain founded by New York Law School grad Mia Bauer that suddenly shut down this week amid talk of a bankruptcy filing. [Wall Street Journal (sub. req.)]
The Supreme Court released its opinion in Burwell v. Hobby Lobby on Monday, holding that the HHS contraception mandate violates an employer’s rights under the Religious Freedom Restoration Act, even when the employer is a for-profit corporation closely held by individuals who object to the mandate on religious grounds. Following the decision in McCullen v. Coakley, the abortion clinic buffer zone case, Hobby Lobby is the second case in a week where the Court told us how much each side of a fundamentally divided issue can ask of the other, under the law. They are hard cases to talk about without questioning the good faith or good sense of the other side. Nearly everyone thinks either Hobby Lobby or McCullen was a bad decision.
The only thing more frustrating than a bad high-profile Supreme Court decision may be the public’s response to any high-profile Supreme Court decision. For proof, one need only look as far as some of the tweets on SCOTUSblog’s Twitter feed….
Last year at about this time, Justice Samuel Alito authored one of the most sneaky anti-woman decisions in recent memory. In Vance v. Ball State University, Justice Alito made it much more difficult for women to sue their employers for workplace harassment. At the time, I said it’s the kind of decision Chris Brown would be proud of, but on reflection, that may have been unfair to Chris Brown.
Today, Alito once again puts in the heavy lifting to make the world worse for working women. Apparently, in Alito’s world, it’s not only okay for employers to try to have sex with their female employees, they also get to regulate what medications they take…
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 seven years. You can reach them by email: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.