I could have gone with a picture of the other thing in the title.
Tuesday was the first day of the bar exam. That means now we get to share “stupid bar exam stories.” Yay!
Our first batch of bar exam adventures can be summed up by the student who hired a guy on TaskRabbit to sit in a café all morning and save her a seat for lunch near the Jacob Javits Center. It sounds extreme, but that bar exam is all about extremes.
Anyway, the girl was trying to get other students to go in with her on her bar exam “valet,” and she described TaskRabbit this way: “Task Rabbit is also available to run any emergency errands (if you need advil, tampons, or extra pencils from the store) during the lunch hour and while we are in the exam.”
As it turns out, at other testing centers, we had people who kind of needed emergency tampons and pencils….
* Everything’s bigger in Texas, including the legal wrangling: Eric Holder’s use of the VRA’s “bail in” provision to circumvent the SCOTUS ruling in Shelby may prove to be trouble. [National Law Journal]
* The Fifth Circuit upheld warrantless cellphone tracking yesterday, noting that it was “not per se unconstitutional.” We suppose that a per se victory for law enforcement is better than nothing. [New York Times]
* The pretty people at Davis Polk are fighting a $1.4 million suit over a headhunter’s fee with some pretty ugly words, alleging that the filing “fails both as a matter of law and common sense.” [Am Law Daily]
* Howard Dean is rather annoyed that he’s had to go on the defensive about his work for McKenna Long & Aldridge after railing against Obamacare. Ideally, he’d just like to scream and shout about it. [TIME]
* The ABA is concerned about Florida A&M, and sent a second warning about the school’s imminent failure to meet accreditation standards. Well, I’ll be damned, the ABA actually cares. [Orlando Sentinel]
* Pennsylvania Governor Tom Corbett is suing to prevent a clerk from issuing marriage licenses to gay couples. A silly little lawsuit won’t stop this guy from doing what he thinks is right. [Legal Intelligencer]
* Want to know another thing that’s causing Biglaw to implode? All of these huge partner compensation spreads we’ve told you about are creating a “star culture,” and even law firm partners are capable of jealousy. [Am Law Daily]
* It looks like Charleston School of Law is the latest institution of legal education to be enticed and swallowed up into the for-profit InfiLaw System. Will a sale be next? We’ll have more info on these developments later today. [Post and Courier]
* Sorry, but in Pennsylvania, you cannot represent clients on a quid pro blow basis. You could get suspended for a year, like this guy. Wonder what his retainer agreement looked like. [Legal Intelligencer]
* The sole minority juror from the George Zimmerman trial — the one who was liable to allow the jury to be hung — is now telling the world she thought the acquitted “got away with murder.” [ABC News]
* Lawyers for accused kidnapper Ariel Castro are considering a deal offered by prosecutors that takes the death penalty off the table. He might be able to enjoy some ribs in prison if he’s there for life. [CNN]
* You’ve seen Justice Ruth Bader Ginsburg give Justice Antonin Scalia the finger in prose, but now you can hear what it would sound like in operatic form as composed by a recent law school graduate. [NPR]
* The Fourth Circuit upheld Obamacare’s employer mandate against Liberty University, calling it a constitutional tax, just like the individual mandate. Now’s a perfect time for a sip of Campari. [WSJ Law Blog]
* The Fried Frank toner bandit was sent to the slammer, but alas, it’s unlikely that the firm will be able to recover any of its losses. Too bad, it could use the cash after its 2012 performance. [Am Law Daily]
* Crisis? What crisis? The dean of UC Davis Law refuses to trim class size, but that doesn’t really matter — the application cycle is handling the situation quite nicely. [Sacramento Business Journal]
* Pennsylvania’s Attorney General Kathleen Kane won’t defend the state against a lawsuit seeking to overturn its ban on same-sex marriage. She’s choosing the people over politics. [New York Times]
* With his trial quickly drawing to a close, George Zimmerman is growing increasingly worried about his future. Let’s face it, even if he’s acquitted, living in hiding isn’t a very good look for him. [ABC News]
* Pass the ammunition? After facing a court-mandated deadline from the Seventh Circuit, Illinois is now the last state in the country to have legalized the concealed carrying of firearms. [Chicago Tribune]
* Now that SCOTUS has punted on the question of gay marriage, other plaintiffs are stepping forward to sue for the right to wed. Next up, a challenge to Pennsylvania’s ban on equality. [Legal Intelligencer]
* James “Whitey” Bulger let f-bombs fly across the courtroom during his trial yesterday when his former partner took the stand to testify against the mob boss. Once a Masshole, always a Masshole. [CNN]
Employers in Finland are legally prohibited from running web searches on job applicants. This anti-Googling rule seeks to protect privacy.
We don’t take that approach here in the United States. Although running internet searches on job applicants can raise legalissues, the practice is generally permissible.
So it’s important for current and aspiring employees to maintain clean digital footprints. You never know when an employer, like an elite international law firm, might learn of your criminal past, like your prior conviction for a sex offense….
Please note the UPDATE added below regarding the nature of the offense.
* Dewey know when we’ll be able to stop using this pun? Hmm, at this rate, probably never. Steve Otillar and Citi recently settled their dueling suits over the ex-D&L partner’s capital contribution loan to the failed firm. [Am Law Daily]
* Cahill Gordon was supposed to investigate the Rutgers basketball scandal, but the firm cited a conflict of interest, so Skadden Arps stepped in. [Insert the joke of your choice here. I don't like or watch this sport.] [Reuters]
* She’s got a death wish: the aggravation phase of the Jodi Arias trial was postponed at the last minute yesterday, and some think it’s because of the interview she gave after the verdict was announced. [CNN]
* Pennsylvania prosecutors are “outraged” that the new Attorney General is investigating how the office dropped the ball in the Sandusky case. Their frustration is understandable… looking into obvious wrongdoing seems to be a new concept for them. [Legal Intelligencer]
* New charges brought in the Florida A&M Band hazing case. Twelve defendants will now face felony manslaughter charges. [Los Angeles Times]
* A plan is in the works for a new University of Texas system law school. On the one hand, the new school could improve the diversity of the Texas bar. On the other hand, no one in the state was saying, “Wow, we’re really suffering from a dearth of lawyers.” [The Daily Texan]
* A model depicted in the opening credits of Mad Men has filed suit, alleging that the show is using her image without permission. The show has used the same opening for six years. Looks like someone just got Netflix! [The Wrap]
* According to the escort who made the allegations, she was paid to falsely claim that she was hired by Senator Menendez. [Washington Post]
Justice Joan Orie Melvin is a member of the Supreme Court of Pennsylvania. As touted on the court’s website, it is “the highest court in the Commonwealth and the oldest appellate court in the nation.”
Yesterday the court acquired a more dubious distinction: it’s the latest state supreme court to see one of its members convicted of a serious felony. And yes, we mean “latest,” not “only” or “first.” Just last month, for example, former Michigan Supreme Court Justice Diane Hathaway pleaded guilty to federal bank fraud. Here in New York, Chief Judge Sol Wachtler of the Court of Appeals, our state’s highest court, served a prison sentence back in the early 1990s.
(Don’t say I didn’t warn you. Back in 2004, I opined that “state court judges are icky.” Article III all the way, baby.)
Back to Justice Orie Melvin of Pennsylvania. What could send Her Honor from the high court to the big house?
* Even though Obama wants to “make sure that [he's] not interjecting [himself] too much into this process,” the DOJ may still suggest that the Supreme Court overturn Proposition 8, California’s ban on gay marriage. [Associated Press]
* Anheuser-Busch InBev and the Department of Justice are cracking open a couple of cold ones to settle their differences over antitrust concerns with regard to the company’s planned purchase of Grupo Modelo. [DealBook / New York Times]
* It looks like Steve DiCarmine is being forced to take a break from his rigorous class schedule at Parsons to testify at a Dewey bankruptcy hearing next week. He’ll be happy to hear orange is in this spring. [Am Law Daily]
* Represented by Steptoe & Johnson, Jesse Jackson Jr. pleaded guilty to misusing $750,000 of his campaign funds for personal use. Most interesting purchase: Michael Jackson memorabilia. [Blog of Legal Times]
* When it comes to recruiting new talent, the ability to maintain a “collegial culture” is apparently a selling point for midsize law firms. And here we thought douchebaggery was the way to go. Sigh. [National Law Journal]
* Protip: do not flash your prosecutor’s badge to bypass cover charges and lap dance surcharges at the local strip club. You’re going to get fired. We’ll probably have more on this later. [Riptide 2.0 / Miami New Times]
* Don’t worry ladies, if you’re about to be raped, just pee or puke all over your attacker — or better yet, tell him that you’re on your period. Yeah, that’ll work. These tips are almost as good as “don’t dress like a slut.” [CNN]
* “[T]his is a ridiculous sideshow that’s horribly unbecoming to the parties involved.” The NCAA is now suing over a new Pennsylvania law designed to keep PSU’s Sandusky fines in the state. [San Francisco Chronicle]
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
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.