Back in February, we covered a lawsuit filed by Mayer Brown that some critics called “disgusting” and “despicable.” The case challenges the placement of a memorial for World War II “comfort women” in a public park in Glendale, California — partly on administrative procedure grounds, and partly because the memorial allegedly “presents an unfairly one-sided portrayal of the historical and political debate surrounding comfort women.”
Filing a lawsuit that effectively seeks to deny the historical phenomenon of the comfort women — women who were forced into sexual slavery by the Japanese military during World War II — didn’t go over too well in many quarters. And now the case is back in the news, surely to Mayer Brown’s chagrin….
The Employment Non-Discrimination Act (“ENDA”) is proposed legislation that would prohibit most employers from discriminating on the basis of actual or perceived sexual orientation or gender identity. The Senate passed the bill in November, but the proposal is currently languishing in the House.
President Obama supports ENDA. Recently, though, LGBT activists have criticized him for not pushing the proposed legislation harder and for not creating an executive order that would create ENDA-like protections for employees of federal contractors.
Republican lawmakers, though, are the ones who will ultimately rue not enacting ENDA while they have the chance. Here’s why….
* “Those who support limits see the court right now as the T. rex from ‘Jurassic Park.’” Folks are pretty worried even more campaign finance laws will fall thanks to the Supreme Court’s ruling in the McCutcheon v. FEC case. [New York Times]
* Skadden Arps and Simpson Thacher are at the top of their game when it comes to mergers and acquisitions. Both firms did very well in new deal rankings released by Bloomberg, Mergermarket, and Thomson Reuters. Nice. [Am Law Daily]
* Former Massachusetts senator Scott Brown has reportedly ditched Nixon Peabody to try his hand at a U.S. Senate run in New Hampshire. We hope he doesn’t lose his shirt again. Oh wait… [Boston Globe]
* As it turns out, the book in the Harvard Law library once believed to be bound in human skin is actually bound in sheepskin. Congrats, this is slightly less creepy. [Et Seq. / Harvard Law School Library Blog]
* Celebrity chef Nigella Lawson was turned away from a flight to the U.S. after her admission to coke usage in a trial. She should probably stop sticking her nose in other people’s business. [The Guardian]
After yesterday’s decision in McCutcheon v. FEC, where the Supreme Court found that aggregate contribution limits violate the First Amendment, campaign finance is back in the spotlight. In October, when the Court heard oral arguments for McCutcheon, I wrote about why I thought Shaun McCutcheon should prevail and why “rumors of democracy’s death are greatly exaggerated.” Others apparently still believe the rumors.
Something else this week delivered grist for the mill, as the country considers how political causes ought to be funded. Mozilla, the nonprofit foundation responsible for the Firefox browser and other open-source ventures, promoted Brendan Eich to CEO last week. California law required the public report of Eich’s 2008 contribution to the campaign to pass Proposition 8, the ballot measure amending the state constitution to prohibit same-sex marriage. Prop 8, of course, eventually gave rise to the Supreme Court’s decision last term in Hollingsworth v. Perry. Eich’s financial support of Prop 8 has now given rise to a slew of woes for Eich and Mozilla.
Half of Mozilla’s board members quit, protesting a CEO with a history of activism against same-sex marriage. Some Firefox app developers decided to boycott Firefox projects until Eich is removed from his position. Twitter has been, well, atwitter with criticism.
Then, earlier this week, the dating site OkCupid rerouted all of its users accessing its site from a Firefox browser to a message that began, “Hello there, Mozilla Firefox user. Pardon this interruption of your OkCupid experience. Mozilla’s new CEO, Brendan Eich, is an opponent of equal rights for gay couples. We would therefore prefer that our users not use Mozilla software to access OkCupid.” The message goes on to read, “Equality for gay relationships is personally important to many of us here at OkCupid. But it’s professionally important to the entire company. OkCupid is for creating love. Those who seek to deny love and instead enforce misery, shame, and frustration are our enemies, and we wish them nothing but failure.”
OkCupid’s arrow struck deep. What Eich now faces raises questions about political expression and association, laws requiring disclosure of political contributions, and the consequences of both….
At last night’s LeGaL dinner: Alex Levy (a 3L at NYU), Mary Bonauto of Gay & Lesbian Advocates & Defenders (GLAD), and David Lat. (Photo by Jeff Trachtman.)
Last night, I had the great pleasure of attending the LeGaL Foundation Annual Dinner, which took place at Capitale here in New York. The mood was festive — which wasn’t surprising, given the successes of both LeGaL and the broader LGBT rights movement over the past year.
Here’s my account of the evening, a celebration of the Foundation’s 30th anniversary and an opportunity to honor some pioneers of the gay rights movement….
Next week, the U.S. Supreme Court will hear oral arguments in the Conestoga and Hobby Lobby cases, the high-profile challenges to the Obamacare contraception mandate. Many ordinary citizens wish they could tune in to the arguments on TV, or at least catch clips on the Daily Show nightly news. After all, how else can Americans access this valuable information that could change their lives forever? I mean, without an Upworthy piece or a Buzzfeed listicle?
Of course, serious folks make serious arguments championing televised coverage of Supreme Court arguments. UC Irvine School of Law Dean Erwin Chemerinsky wrote an opinion piece this week, arguing that “[t]here is no excuse for keeping cameras out of the Supreme Court.” (Apparently, Chemerinsky wants cameras in and Justice Ginsburg out, for those keeping track of Chemerinsky’s wish list.) Earlier this month, the Coalition for Court Transparency, a group of press organizations and pro-transparency NGOs, sent a letter to Chief Justice Roberts, urging the Court to permit the video recording and broadcast of its courtroom.
So, what are opponents of cameras at One First Street so scared of? Do they worry that Chief Justice Roberts will start mugging for the camera? That Justice Scalia will insist on an added laugh track? That Justice Kagan will embark on a dangerous juice fast to slim down like a Hollywood starlet? (Actually, it looks like she already has.)
Those are not my concerns, but here is why I still think video coverage of U.S. Supreme Court arguments is a terrible idea….
For two good reasons: First, Lat asked me to write about life as an in-house lawyer or, at a minimum, an in-house lawyer’s perception of outside firms. If I wrote about politics, I’d be way off the mark. Second, I work at the world’s leading insurance broker for law firms. If I wrote about politics — no matter which side I took — I’d offend half my readers. Some of those offended readers would complain to their brokers, and I’d soon have a phalanx of brokers with pitchforks storming my office door.
But I’m throwing caution (and Lat’s instructions about topicality) to the wind today, and I’m posing a question that struck me recently: Set your mind back to 1983, the year in which I graduated from law school. Suppose, in 1983, someone posed this question to you:
Look into the future. When will each of these events occur? (1) We’ll elect an African-American President of the United States; (2) states will begin legalizing gay marriage; and (3) states will begin legalizing the use of marijuana. Which will occur first, second, and third, and in what years?
This week, Emad Abdullah Hassan, a Yemeni man held at Guantanamo Bay since 2002, renewed his legal effort to fight the policy of tube-feeding detainees on hunger strike in protest against their ongoing detention. Last month, the D.C. Circuit held that the federal courts have jurisdiction over cases where Gitmo detainees challenge the terms of their confinement, though the panel declined to enjoin the practice of forced feeding. (You can read the specific claims in Hassan’s case here.)
Nasogastric feeding, the method used with Gitmo hunger-strikers, is where medical staff deliver liquid nutrition directly to a patient’s stomach via a thin plastic tube inserted through the nose.
Back in November 2013, the U.S. Senate passed the so-called “nuclear option,” eliminating the threat of squelching the president’s executive branch and judicial nominations by filibuster. Under the new rules, a nominee only needs 51 votes to break a potential filibuster, instead of the 60 votes previously needed. Democratic senators lubricated nominees’ paths to confirmation. Finally, we were told, a cantankerous Republican minority could no longer block all the well-qualified, uncontroversial nominees that the president had waiting in the queue.
Nevertheless, yesterday the Senate voted to reject President Obama’s nomination of Debo Adegbile to head the Department of Justice’s Civil Rights Division. The 47 – 52 vote failed to reach the 51 votes necessary to achieve cloture and advance the nomination. Seven Democratic senators — Senators Bob Casey of Pennsylvania, Joe Manchin of West Virginia, Mark Pryor of Arkansas, Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana, John Walsh of Montana and Chris Coons of Delaware — opposed the nominee. Adegbile is perhaps best known for his work leading litigation for the NAACP Legal Defense and Education Fund, often known simply as LDF.
No Republicans voted against their party line. Perhaps some of them opposed his nomination on principle; perhaps some reflexively opposed an Obama nominee. The Democrats who voted against Adegbile, however, took a clear and conscious against him. Effectively, Democrats killed Adegbile’s nomination.
Why? Despite his other professional accomplishments, Adegbile’s problems in the Senate can be summed up in a word: Mumia. In six words: convicted and controversial cop-killer Mumia Abu-Jamal . . . .
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.