* “This should be a red flag for everyone in legal education and the law firm world.” According to NALP, the percentage of women associates has dropped for the fourth consecutive year. That’s just lovely. [National Law Journal]
* Next summer, the co-CEOs of Hogan Lovells from legacy firms Hogan & Hartson and Lovells will make way for a single CEO structure. If approved by vote, Stephen Immelt will be in charge. Congratulations! [Am Law Daily]
* And the peasants rejoiced, for one of the FLSA overtime suits filed by a document review attorney has survived a motion to dismiss. Quinn Emanuel must have been genuinely shocked by this judge’s ruling. [Am Law Daily]
* “One thing we understand is law and economics.” Yet another law school finally, finally gets it. George Mason University School of Law has agreed to freeze its tuition — for the time being. We may have more on this development later today. [InTheCapital]
* George Huguely V, the UVA LAX bro convicted of killing his ex-girlfriend, has got one hell of a lawyer. Paul Clement is arguing his client’s right to counsel was violated at trial. [Richmond Times-Dispatch]
Oral argument before the Supreme Court is ripe with dramatic possibilities. If you doubt this, check out Arguendo, the new work by Elevator Repair Service that just received a rave review from the New York Times. I saw “Arguendo” last weekend, before I participated in an on-stage conversation with director John Collins, and I was impressed by how well the play captures the drama, comedy, and even athleticism of appellate argument. (Buy tickets here — but act quickly, since they’re going fast.)
If oral argument is a form of theater, then the U.S. Supreme Court is Broadway — the biggest and best venue in all the land. And we’ve just learned about a brilliant understudy who will be making her debut at One First Street next month.
Expectations are running high for this talented protégé of a celebrated SCOTUS litigator. Who is playing Eve Harrington to Paul Clement’s Margo Channing?
Over the last two decades, a dedicated Supreme Court bar has gained prominence, focusing on arguing the increasingly few cases before the justices each term. These lawyers face fierce competition in persuading clients to hire them, participating in a not-so-glamorous competition known in the industry as a “beauty contest.” At these lawyerly pageants, attorneys competing to take the case make their pitch and try to persuade the client that their firm is the best suitor.
In my new book, Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), I go backstage and look at two of the most high-profile beauty contests in Supreme Court history: who would represent (1) the National Federation of Independent Business (NFIB) and (2) twenty-six states in their respective challenges to the constitutionality of Obamacare.
How did these litigants go about choosing their counsel? Which lawyers and law firms got passed over?
The front of the Supreme Court building: ‘Equal Justice Under Law.’ (Click to enlarge.)
The Supreme Court was called to order at 10:00 a.m. sharp. The Chief Justice announced, “Justice Kennedy has our first opinion of the day in case number 12-307, United States v. Windsor. Everyone, in the bar members section at least, knew that this was the Defense of Marriage Act case.
That Justice Kennedy was announcing the opinion was significant; he wrote Lawrence v. Texas. Still, no one knew if the Court would reach the merits, since the Solicitor General had announced that the Executive Branch would not defend the constitutionality of DOMA.
Justice Kennedy is an orderly man. He set out the procedural background – Edith Windsor and Thea Spyer were married legally in Canada, then came home to New York. Their same-sex marriage is lawful where it was performed and where they lived. Spyer died and left her estate to Windsor. Windsor sought to claim an estate tax exemption for the death of a spouse. DOMA prevented the IRS from recognizing Spyer as Windsor’s spouse. Windsor paid the tax, then challenged DOMA. She won in the district court and the Second Circuit. Justice Kennedy explained how a bipartisan committee found counsel to defend DOMA, and how DOMA was defended ably in the Supreme Court.
(As an aside, Paul Clement took heat for defending DOMA for Congress. When you think about it, if he hadn’t defended it well, the Supreme Court may not have thought it could reach the issue. Paul Clement may be the unsung hero of the DOMA decision.)
So, Kennedy concluded, the Court could reach the merits of whether DOMA is constitutional.
Though a hopeful sign for those who would cheer the demise of DOMA, the decision wasn’t entirely clear….
Looking back, the part of last week’s arguments at the U.S. Supreme Court that stands out most for me is the last hour (DOMA merits) — a fitting finale to two days of historic argument on same-sex marriage.
The way things unfolded, the last hour is why we all came. It is why people slept on the sidewalk for days. It is why Americans tuned in and logged on for updates. It is why the attorneys signed up to argue.
We were there to discuss the future of marriage in this country, how different people see it, and where state and federal governments fit in.
The Prop 8 argument went to those core issues the day before, but in fits and starts. A muddy hybrid of standing and merits.
The last hour of DOMA went there and stayed there. Merits were the only thing on the menu, and we ate it up….
* Based on the justices’ reactions during oral arguments in Windsor v. U.S., there was no defending the Defense of Marriage Act. Not even Paul Clement, the patron saint of conservative causes, could save the day. [New York Times]
* Alas, the David Boies and Ted Olson Dream Team stole much of the spotlight from Roberta Kaplan, the Paul Weiss partner who argued on behalf of Edith Windsor in an effort to overturn DOMA. Seriously, you go girl! [WSJ Law Blog (sub. req.)]
* Dude, you’re getting a Dell! Alston & Bird and Kirkland & Ellis are the latest firms to join the Biglaw sharks (including Ho-Love, Debevoise, Wachtell, SullCrom, and Simpson Thacher) circling this major tech buyout. [Am Law Daily]
* It looks like it’s time for JPMorgan to face the music for its investments in Lehman Brothers, because a federal judge just ruled that the bank cannot “dispatch plaintiff’s claims to the waste bin.” [Reuters]
* An alleged killer’s sense of mortality: James Holmes, the suspect in the Colorado movie theater shooting, offered to plead guilty and spend life in prison in order to avoid the death penalty. [CNN]
Today, the National Law Journal released its list of the 100 most influential lawyers in America. The NLJ releases a similar list once every few years, and each time, the nation’s top lawyers — some from Biglaw, some from legal academia, some from the in-house world, and some from the trial and appellate bars — celebrate their success in creating real change in the industry. That said, the people named to this list are relatively well-known to the general Above the Law readership, but they won’t exactly be household names to laypeople.
Which legal eagles soared into the NLJ’s list this time around? Well, the NLJ selected their influential lawyers based on their political clout, legal results, media penetration, business credibility, and thought leadership. We’ve whittled the impressive list of 100 down to our own top 10.
Ed. note: We apologize for getting such a late start today, but we were experiencing some technical difficulties. Thanks for being patient with us.
* Barack Obama made some bold statements about marriage equality in his inaugural address, but the jury is still out — literally — on whether he thinks laws banning same-sex couples from marrying are constitutional. [BuzzFeed]
* You can smoke pot for sh*ts and giggles in several states, but the D.C. Circuit is siding with the DEA on this one. Marijuana is still classified as a Schedule I drug in the eyes of the (federal) law. [National Law Journal]
* With claims of prejudicial evidence, Rajat Gupta is trying to get his insider trading conviction overturned. We’ll wait for more on this story from note passer field correspondent, Benula Bensam. [WSJ Law Blog (sub. req.)]
* “Why are all high school teachers freaks in the sacks?” Sarah Jones, the cheerleader-cum-sexy teacher, cried over phrases like that yesterday during testimony in her defamation case against The Dirty. [ESPN]
* George W. Huguely V, the UVA lacrosse bro who was convicted of killing his sometimes girlfriend, has got one hell of an appellate lawyer. Perhaps famous litigator Paul Clement is a friend of the family. [Bloomberg]
The U.S. Court of Appeals for the Second Circuit, in an opinion written by a prominent conservative jurist, Chief Judge Dennis Jacobs, just voted to strike down Section 3 of the Defense of Marriage Act (DOMA). The court issued its 2-1 decision just three weeks after hearing oral argument, which is extremely fast for a case of this complexity and importance….
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: