Justice Ginsburg: a full-service wedding provider.
Ed. note: We’ll return to our normal publication schedule on Monday, December 2. We hope to see you at our holiday happy hour on Thursday, December 5 — for details and to RSVP (to this free event with an open bar), click here.
I remember riding home one evening with Justice Lewis Powell, whom I was serving as a law clerk. I was pumped over a vote he had cast that day, and I expected him to share my excitement. He responded that he considered himself fortunate if only 48 percent of the legitimate points to be made were on the other side.
* In November, Supreme Court justices engaged in the “totally unnecessary” practice of releasing 41 pages of nondecision opinions. In all fairness, we can’t really blame them for enjoying hearing themselves speak. [National Law Journal]
* These D.C. Circuit judges of differing political viewpoints “disagreed less than 3 percent of the time” over the course of two decades. Please, keep arguing about the court’s “ideological balance.” You’re accomplishing lots. [New York Times]
* With more tie-ups than ever before and another record broken, 2013 is officially the year of full-blown law firm merger mania. Query how many more we’ll be able to add to the already huge list of 78 by the end of December. [Am Law Daily]
* Speaking of which, Baker Hostetler is merging with Woodcock Washburn, an intellectual property firm with a name that sounds like the aftercare instructions for a painful sex toy injury. [Philadelphia Inquirer]
* Of course a fired ADA’s scandalous emails landed on BuzzFeed. This is one more embarrassing chapter in the Brooklyn District Attorney’s Office’s terrible, horrible, no good, very bad year. [New York Times]
* It’s amazing how things can change in a year. In 2012, New York bar pass rates for in-state schools fell. In 2013, they’re up — except for one school, which is way down. Which one? [New York Law Journal]
The other shoe has dropped: Senator Harry Reid went forward with the long-awaited “nuclear option” to end the Republican filibuster of Obama nominees, most notably the nominations of Judge Robert Wilkins, Georgetown Law Professor Nina Pillard, and Akin Gump partner Patricia Millett to three vacant seats on the D.C. Circuit.
By a 52-48 vote, Democrats killed off the filibuster for most of the president’s upcoming nominations, though kindly preserved the minority’s right to filibuster Supreme Court nominees. So they didn’t take away all of our fun.
But you probably already know that. You probably already have a militant opinion about it if social media is to be believed. But as we prepare to welcome three new judges to the D.C. Circuit, our friends, family, politicians, and media people are going to toss around some really hollow sound bytes both for and against this move. Let’s just get some of them out of the way now, so you don’t have to act surprised when you watch Meet the Press on Sunday.
This week, the Senate blocked the nomination of Robert Wilkins to the U.S. Court of Appeals for the D.C. Circuit. President Obama nominated Wilkins to fill Judge David Sentelle’s seat. Failing to get the 60 votes needed to overcome a Republican filibuster, Wilkins won’t move forward to an up-or-down, simple-majority vote by the Senate.
Senate Republicans insist that the D.C. Circuit does not need any more judges in order to properly carry its current caseload. While Wilkins might be well-qualified to be a circuit judge, the Senate just isn’t hiring. President Obama said in a written statement, “When it comes to judicial nominations, I am fulfilling my constitutional responsibility, but Congress is not. Instead, Senate Republicans are standing in the way of a fully-functioning judiciary that serves the American people.” Democrats in the Senate, led by Senator Patrick Leahy (D-Vt.), threaten to alter the rules governing judicial nominations to prevent filibustering.
Democrats’ and Republicans’ reasons for fixating on the D.C. vacancies are political and obvious. It’s an unusually influential court, issuing rulings on administrative and regulatory matters with nationwide implications. What about the rest of the country, though? While politicians in Washington fuss over the D.C. Circuit, what is being neglected elsewhere?
* President Obama won’t “just sit idly by” as his D.C. Circuit nominees are picked off one by one by Senate Republicans. No, instead he’s going to have his White House Counsel give interviews for him. [National Law Journal]
* Today is the 150th anniversary President Abraham Lincoln’s Gettysburg Address. If you’d like, you can watch a live stream of an event celebrating the occasion here at 12 p.m. EST today. [Constitution Accountability Center]
* The Second Circuit slapped down a few requests yesterday, the most notable of which being Argentina’s bid for a full rehearing and Raj Rajaratnam’s plea for a review of his conviction. [Bloomberg; Bloomberg]
* You don’t know what you got till it’s gone: Weil Gotshal is welcoming back a former finance partner after a seven-year stint at Norton Rose Fulbright to fill out its emptied Dallas office. [Law 360 (sub. req.)]
* Dewey know when the axe man commeth for those who refused to join the failed firm’s $70 million partner contribution plan? Right now. Will Marcoux is the first to face off against Alan Jacobs. [Am Law Daily]
Mayor Senator Cory Booker has been in the spotlight for quite some time, and for very good reason. For the prestige-obsessed among us, his undergraduate degree is from Stanford, he attended Oxford as a Rhodes Scholar, and his Juris Doctor is from Yale. He saves both dogs and damsels in distress. To complete this near perfect package, he’s got dashing good looks. And yet, he’s still single… or at least we thought he was, until this morning.
Who is this rising political star rumored to be dating? She’s got beauty and the brains to match…
As an academic, it’s always gratifying to know that my work is being read and cited by policymakers. Quotes would be nice, and it’s unfortunate that Sen. Paul’s staff was not more careful, but spreading the ideas is more important. Sen. Paul is hardly the first politician to appropriate the words of others without following proper citation conventions, and he will not be the last.
“[O]ne familiar with the profound debates that ushered our Federal Constitution into existence is bound to respect those who remain loyal to the ideals and dreams of ‘Our Federalism.’ The concept does not mean blind deference to ‘States’ Rights’ any more than it means centralization of control over every important issue in our National Government and its courts. The Framers rejected both these courses. What the concept does represent is a system in which there is sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindicate and protect federal rights and federal interests, always endeavors to do so in ways that will not unduly interfere with the legitimate activities of the States. It should never be forgotten that this slogan, ‘Our Federalism,’ born in the early struggling days of our Union of States, occupies a highly important place in our Nation’s history and its future.”
Our Federalism. Our dear Federalism. Justice Black described this vaunted principle when deciding in 1971 that federal courts must show some restraint when interfering with state criminal prosecutions.
“Our Federalism,” though, only works when you work it. The many conservatives (myself included) who trumpet these principles in briefs, articles, and opinions ought to view this not simply as an academic matter but as a personal political responsibility as citizens.
For all the caterwauling on all sides about national politics and for all the petticoat-clutching over Our Federalism, it is shameful when those same folks can’t name a single member of their city council or school board or state supreme court. . . .
* “What about devil worshippers?” Justice Scalia may think Satan’s gotten “wilier,” but that doesn’t mean his supporters don’t deserve religious representation in their public meetings. [WSJ Law Blog]
* Speaker of the House John Boehner says that if the Employment Non-Discrimination Act passes, tons of lawsuits will be filed — except that hasn’t happened in states with similar laws. Oopsie… [Reuters]
* Judge Shira Scheindlin isn’t going to just sit there and allow herself to be kicked off the stop and frisk case. In a rare move, she asked the Second Circuit to reverse its ruling and reinstate her. Go girl! [Reuters]
* Quinn Emanuel is welcoming a frequent firm-hopper (from Sidley to Clifford Chance to Cleary Gottlieb) into its ranks in D.C. to join Weil defectors Mike Lyle and Eric Lyttle. Best of luck! [Am Law Daily]
* Gibson Dunn scooped up Scott Hammond, a longtime leader of the Department of Justice’s Antitrust Division. Query just how large the dangling carrot at the end of the firm’s stick was. [Blog of Legal Times]
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 six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.