It’s Election Day today. Go vote. Go vote now, or make sure you go before the polls close. Whatever you are doing today isn’t as important as participating in your community. Sorry there’s no “president” on the ballot. Instead it’s just a bunch of local officials and local issues that affect your day-to-day life way more than the President of the United States. GO VOTE.
In New York, we’re going to elect a new mayor, I can only hope that Mike Bloomberg actually allows the new guy to take office.
But if you are going to vote in New York, make sure you flip the ballot over and vote on all the propositions. There are some fun things there: should we institute the regressive, idiot tax that is opening a casino? I say yes! We need money and regressive, idiot taxes are the only ones you can pass in this environment.
Gothamist has a good breakdown of all the New York ballot issues. But the one that’s most legally interesting is Proposition 6: raising the mandatory retirement age for judges to 80.
Eighty! That’s having somebody decide the latest issues in eDiscovery who was alive for D-Day.
* The Supreme Court might have dismissed the Oklahoma abortion case as improvidently granted, but not to worry, because the high court may yet get the chance to abort a woman’s right to choose in this new case from Texas. [New York Times]
* Wherein Justice Scalia seems highly concerned about toupees: yesterday, Supreme Court justices put their fashion sense to the test when trying to determine what ought to count as clothing under the Fair Labor Standards Act. [WSJ Law Blog (sub. req.)]
* The Senate is forging ahead with the Employment Non-Discrimination Act, but the bill will likely fail in the House because discrimination on the basis of sexual orientation is still cool with John Boehner. [CBS News]
* Bill de Blasio, the Democratic candidate in the NYC mayoral race, apparently has “deep ties” to Gibson Dunn, the firm behind Citizens United. Gather round, conspiracy theorists. [International Business Times]
* An InfiLaw school is changing its name to Arizona Summit Law. How kind to tip law students off to the fact that even if they climb all the way to the top, there’s nowhere to go but down. [National Law Journal]
On Friday, we reported that a law dean resigned from his post because the university was not providing the law school enough resources. We mentioned that there were come rumblings that the university president was more concerned with making the law school a bastion for fringe political theories instead of simply providing a quality legal education.
Our tipsters are worried that their law school curriculum will be brought to them by “Big Oil.” And now students have signed a petition asking for input on the search for a new dean…
Whenever a law dean goes out in a blaze of glory, it’s news. And by “blaze of glory,” I mean “resigns with a hyper-critical message to the larger university.” Law deans might be insensitive to the cost concerns of their students, but university presidents are generally clueless. A university president looking at a law school entering class is like Cypher looking at the Matrix. They don’t even see the code anymore, they just see “dollar sign, federally guaranteed loan, potential future donor.”
Obviously, law deans usually only resign in a huff when they’re not getting enough money from the university, and “we need more money” isn’t necessarily helpful to students since often the solution is to “jack up tuition.” But in today’s story, we have a dean who might have resigned for reasons beyond more than money.
It’s possible that this dean wanted to run a law school, while the university wanted to run a Tea Party training ground…
* The Second Circuit has remanded the New York Stop and Frisk decision, demanding that a new judge hear the case. Among the reasons: that Judge Shira Scheindlin gave “media interviews and public statements purporting to respond publicly to criticism of the District Court.” So basically, act like a contemptuous prick in the press and when the judge calmly reaffirms her impartiality, get her thrown off the case. Thankfully this will all stop being an issue on about January 1, 2014. [U.S. Courts]
* Attorney networking and referral site wireLawyer gave itself a Halloween makeover. Personally I wouldn’t want a Fett as an attorney — they have a tendency to lose their heads or fall into pits of despair. Screenshot if you check out the site after they’ve moved on to what we can only assume is their All Saints Day makeover. [wireLawyer]
* Joe Biden’s niece appeared in court after she clashed with police last month, “swinging at a female officer then slapping another” before being dragged away in handcuffs all while touting how she “studied law.” This actually sounds more like something Joe Biden’s Onion persona would do. [NY Post]
* Penn Law is sporting pumpkins carved with the likeness of all nine Supreme Court justices. [Under the Button]
* Vivia Chen’s epic fail as a mother on Halloween. We still love you. [The Careerist]
* The House of Representatives has now introduced a use restriction on videos of House hearings to prevent the footage from being used for political purposes. That doesn’t sound all that legal. The Republicans just desperately don’t want people to know what they actually do at “work.” [Patently-O]
* Meanwhile, the Senate GOP is going filibuster on Patricia Millett’s nomination to the D.C. Circuit despite lacking any objection to her. [Huffington Post]
* NYU Law carried on its annual tradition of acting out the Erie case. Screw that! They should act out Palsgraf…
* Let’s get ready to rumble! Senate Democrats are threatening to go “nuclear” on existing filibuster rules if Senate Republicans decide to band together to block Patricia Millett’s nomination to the D.C. Circuit. [New York Times]
* AMR Corp. and US Airways are reportedly trying to broker a deal with the Department of Justice that would allow the airlines’ merger to go through. And this is the room full of people who care. [Wall Street Journal (sub. req.)]
* Proskauer Rose and the zombie corpse of Dewey & LeBoeuf received a Halloween treat from Judge Martin Glenn in the MF Global case. The firms will each be receiving a combined $9 million for their work. [Am Law Daily]
* Twitter is facing a $125 million fraud suit filed by two financial firms claiming that the social media giant had them organize a private sale of shares and then canceled it. #OhShiat #LawyerUp [Businessweek]
* She’s got the right to remain topless: Holly Van Voast, the photographer famous for roaming the streets of New York with breasts bared, settled a lawsuit against the city for $40,000. [New York Daily News]
We all know that drinking can cause a lot of problems. We also all know that prohibiting drinking doesn’t work. Therefore, we are left with the choice of trying to ameliorate the problems associated with drinking (here’s a thought, let’s not have drunk people with weapons) or we can pretend that people are not going to drink to excess and hope for the best.
I’m a fan of amelioration. Cabs, tough domestic violence laws, liver cloning, abortions, whatever it takes to make sure drunken indiscretions don’t ruin lives. That goes for underage drinking too. Sure, it would be great if people under 18 didn’t drink (I refuse to act like a 19-year-old who could be drafted into the Army is “underage” when he cracks open a beer), but that’s not going to happen. Instead of having a stupid “abstinence only” policy when it comes to teen drinking, we should be doing more to help the kids get home safely, with their eyebrows still attached, as they experiment with our national solvent.
Of course, I’m just a mere blogger. If you are a politician — a state attorney general and gubernatorial candidate — who talks tough on the stump about underage drinking but then turn a blind eye to it when you go chat with your son at a raging teenage house party, well, then your “boys will be boys” stance can only be chased with a strong swig of hypocrisy…
Lawyer jokes notwithstanding, most lawyers are ethical, honorable, and competent. That’s why we tend to focus on attorney misbehavior in these pages; it’s more newsworthy. If a lawyer complies with the law or serves a client well, that’s not exactly “news”; it’s what lawyers are supposed to do, and what most lawyers do most of the time.
Alas, sometimes lawyers fall short of our profession’s high standards. Today we look at allegations of a high-ranking government lawyer abusing the perks of his office, a tax lawyer engaging in tax fraud, and a real estate lawyer who has people real mad — after taking $4 million from them.
Which of these attorneys deserves to be our Lawyer of the Day? We’ll describe their alleged misdeeds, outline the reasons for and against Lawyer of the Day honors, then let you vote for the winner….
This week the Supreme Court, via a one-line order by Justice Anthony Kennedy, dismissed an appeal in Brown v. Plata for want of jurisdiction. Thousands of law students enrolled in Fed Jur and Fed Courts classes this semester may argue that there’s nothing sexy about jurisdiction, even by law’s substantially reduced standards for “sexiness.” The dismissal of Plata, though, has some significant effects for millions of people.
In 2011, the Supreme Court ruled in a 5-4 opinion authored by Justice Kennedy that overcrowding in California prisons caused continuing violations of prisoners’ Eighth Amendment rights to adequate health care and that the overcrowding problem required a population limit. (Justice Scalia dissented, joined by Justice Thomas. Justice Alito also dissented, joined by the Chief.) As a result, California Governor Jerry Brown needed to drastically improve prison conditions or drastically reduce the state’s prison population by releasing inmates.
A flurry of state appeals and motions to change the original order ensued. Then, on September 24 of this year, a three-judge panel gave Brown until the end of January to meet its original order to remove more than 9,600 inmates from California prisons by the end of the year, absent successful negotiations with the plaintiffs. In an attempt to sufficiently improve prison conditions, Governor Brown negotiated a deal with legislators to spend $400 million on improvement of health care services to California prisoners, but he believed he needed more time in order to fully comply by the panel’s deadline. He filed an an appeal for a stay with SCOTUS….
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.