S.D.N.Y.
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Biglaw
The Former Biglaw Attorney Poised To Be The First Black U.S. Attorney At S.D.N.Y.
Quite the impressive resume. -
Courts
S.D.N.Y. Federal Judge Dies From COVID-19
Our thoughts go out to his family, friends, and colleagues during this difficult time. - Sponsored
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Non-Sequiturs
Non Sequiturs: 05.05.19
* If you shared my skepticism that the murder trial in the Dan Markel case will actually start next month, almost five long years after Markel’s murder, then you won’t be surprised by this latest development — Saam Zangeneh, counsel to Sigfredo Garcia, has moved for a continuance. [Tallahassee Democrat]
* As predicted, President Donald Trump just had his 100th Article III federal judge confirmed by the U.S. Senate; he’s now up to 102 judicial appointees, as noted by Carrie Severino. [Bench Memos / National Review]
* If my writeup of Preet Bharara’s recent event at Cleary Gottlieb left you wanting more, check out Randy Maniloff’s wide-ranging interview with the former U.S. attorney (including advice on how not to get hired at the S.D.N.Y.). [Coverage Opinions]
* Jonathan Adler flags a thoughtful debate between Michael McConnell and Josh Chafetz on the battle over subpoenas between President Trump and Congressional Democrats. [Volokh Conspiracy / Reason]
* Howard Wasserman identifies an interesting argument against police officers using body-worn cameras aka bodycams — but as he also observes, we don’t really have a better solution yet to the abuse of police discretion. [PrawfsBlawg]
* My money’s on Capital Loss Carryover in the Preakness Stakes. [TaxProf Blog]
* Of course “real lawyers” take notes — but there are some nuances here, which Joel Cohen explores. [New York Law Journal]
* Frank Cross, a longtime professor of law at the University of Texas School of Law, rest in peace. [Balkinization]
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Justice
Doing Justice: An Evening With Preet Bharara At Cleary Gottlieb
Humor and insight from the U.S. attorney turned bestselling author. -
Biglaw
Skadden Counsel Tagged In Mueller Probe
Skadden's involvement in Ukraine generates new legal woes. -
Courts
Breaking: S.D.N.Y. Judge Katherine Forrest Is Leaving The Bench
She may only be 54, but she's retiring this year citing personal reasons. -
Crime
Of Course They Had A Wiretap On Cohen's Phone, They're Trying To Put Him In Jail, People
Yes, law enforcement is doing everything it does when it's trying to catch a criminal. -
Non-Sequiturs
Non-Sequiturs: 01.12.18
Ed. note: We will not be publishing on Monday, January 15, in observance of Martin Luther King Jr. Day.
* Will Geoffrey Berman, acting U.S. Attorney for the Southern District of New York, recuse from Deutsche Bank matters? It sure sounds like he should…. [Bloomberg Politics]
* Judge Shira A. Scheindlin and Joel Cohen offer advice to companies on how to handle sexual harassment allegations in a manner consistent with due process. [Guardian]
* And Glenn Reynolds has this modest proposal, also related to the problem of sexual harassment (in the federal judiciary): abolish clerkships. [Wall Street Journal]
* A quartet of tax law professors explain how a proposal to transform state and local tax payments into deductible charitable contributions to state and local government organizations could actually work.
[Slate]* From Biglaw to big bucks: former associates Stephen Scanlan and Travis Leon sell their law-related startup, XRef, for a cool $10 million. [RollOnFriday]
* Professor Eugene Volokh: “There’s a fine line between being a ‘badass’ and….” [Volokh Conspiracy / Reason]
* “Appeals court OKs F-Bombs for federal trademark protection.” F**king finally. [Techdirt]
* The Dewey & LeBoeuf criminal case ends with a whimper: former accounting manager Victoria Harrington just got sentenced to unconditional release (i.e., no prison time). [Law360]
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Morning Docket
Morning Docket: 12.27.17
* Is SCOTUS walking back its landmark commitment to equal rights for the LGBTQ community? Considering what could happen in the Masterpiece Cakeshop case and the high court’s refusal to grant cert in Pidgeon, it seems like it. It’s not as if this hasn’t happened before. ::coughBrownvBoardcough:: [New Republic]
* A federal judge ruled that an American ISIS suspect who’s been detained as a “enemy combatant” in Iraq for the last three months is, in fact, entitled to a lawyer, and called the Trump administration’s quest to deny counsel in this case “both remarkable and troubling.” [New York Times]
* Everything really is bigger in Texas: According to the ABA, there are just 0.8 percent more first-year law students this year than last year, but entering classes at law schools in the Lone Star State were 4 percent larger than they were last year. Hopefully all these students will be able to lasso themselves jobs. [Texas Lawyer]
* Lawsuits have been rolling out ever since Apple admitted that it was slowing down iPhones with older batteries, and one of them was filed by two students who currently attend USC Law and hope to get the suit certified as a class-action. This is an absolutely awesome use of winter break. [RT]
* Which states are likely to legalize marijuana in the new year? Vermont, New Jersey, and Michigan may soon end their prohibitions on cannabis, either through legislative means or by puff-puff-passing a voter referendum. [Forbes]
* If you’re a journalist with three years of experience and cover the legal profession in your reporting, consider applying to be a fellow at Loyola Law School’s annual Journalist Law School. There is no cost to attend. The application deadline is February 9, 2018. [Journalist Law School]
* Judge Thomas Griesa, the Southern District of New York jurist who oversaw the Argentine debt battle in federal court, RIP. [New York Law Journal]
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Morning Docket
Morning Docket: 12.22.17
* Judge George B. Daniels (S.D.N.Y.) dismissed a suit alleging that President Trump violated the Constitution’s emoluments clause when his hotels and restaurants did business with foreign governments during his time in office. The reason for dismissal? A lack of standing. [Washington Post]
* Speaking of the president, past vetting (or lack thereof) concerns be damned, because he recently announced his latest round of judicial nominations. Thus far, Trump has had a record number of circuit judges confirmed in his first year. [CNN]
* Simpson Thacher and Kasowitz Benson are being sued for malpractice by the former CEO of Patriot National, who claims the firms are the reason why his company went under and is on the brink of filing for bankruptcy. [Daily Business Review]
* Co-conspirator or victim? That’s what jurors will have to decide when it comes to former Katten Muchin partner Evan Greebel, who once represented pharma bro Martin Shkreli. [New York Law Journal]
* UCLA Law School is creating the Chris Cornell Scholarship, named for the late Soundgarden/Audioslave singer, endowed with a $1 million gift from a coalition led by his widow, Vicky Cornell. This is a wonderful way to remember an amazing artist who was an amazing human being. [Los Angeles Times]
* It’s finally here, a listing of the Top 10 Most Ridiculous Lawsuits of 2017. Topping the list is the woman who sued because she claimed she was “deceived” by amount of sugar in jelly beans. [U.S. Chamber Institute for Legal Reform]
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Federal Judges, Politics
The Art Of The Possible: New York Nominees For Federal Judgeships And Prosecutor Posts
The Trump administration shows a willingness to compromise on nominees. -
eDiscovery, Litigators, Technology
No Preliminary Injunction For You! The Latest On The Battle Between eDiscovery Providers
The latest evidence in the case suggests that the allegations of the complaint are not close to the truth. -
Minority Issues, U.S. Attorneys Offices
Preet Bharara Was Once The Subject Of Racial Jokes At The S.D.N.Y.
There are growing pains associated with diversity in the legal profession.
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Federal Government, U.S. Attorneys Offices
Something Is Rotten In The Southern District Of New York
Maybe they should call it the STINKY District of New York. -
eDiscovery, Litigators, Technology
eDiscovery Is Big Business -- And Worth Fighting Over For Providers
Two major players in the ediscovery space duke it out in federal court. -
Benchslaps, Federal Judges, Legal Ethics
94-Year-Old Federal Judge's Snarky Remarks: 'Regrettable,' But Not Recusal-Worthy
A misguided recusal motion leaves a bitter taste in Judge Robert Sweet's mouth. -
Television, Wall Street
Standard Of Review: Tracing Billions's Second Season Improvement
Billions has become one of the most consistently entertaining shows on television in its second season. -
Benchslaps, Litigators
Boutique Firm Gets Benchslapped For Trying To Sneakily Evade Court's Double-Spacing Requirements
When you break the rules, you should expect to be fined. -
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Morning Docket
Morning Docket: 03.21.17
* Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it… especially when it’s rumored that you were the inspiration for seminal 80s character Ferris Bueller and you’re now under consideration to be Preet Bharara’s replacement as the U.S. Attorney for the Southern District of New York. Edward McNally works for Kasowitz Benson now, but he’s reportedly a leading contender for the job. [Wall Street Journal]
* Preet Bharara, on the other hand, is now considering taking up teaching at a prestigious law school — like Columbia, Harvard, or NYU — or going into private practice at a prestigious Biglaw firm — like Gibson Dunn or WilmerHale. Who knew being fired after refusing to resign could work out so well? [Wall Street Journal]
* Sources claim that President Trump will nominate Makan Delrahim to lead the Justice Department’s antitrust division. Currently employed as a deputy in the Office of White House Counsel, Delrahim previously served in the DOJ antitrust division from 2003 to 2005 as deputy assistant attorney general under President Bush. [Big Law Business]
* “The noise about lawyers is much more positive right now. Before, it was just negative noise.” Law schools may be thanking our president for something that’s being referred to as the “Trump bump.” Some speculate that applications will surge thanks to the legal profession’s prominence in the turbulent early days of his reign. [National Law Journal]
* “They say a woman’s place is in the house. I say it’s in the courthouse.” The lawyers at New York firm Meyer-Kessler & Shulevitz refer to themselves “double trouble,” claim they represent the “new feminism,” and they wear bright pink designer outfits every time they go to court. We may have more on this dynamic duo later. [New York Daily News]