S.D.N.Y.

‘Who’s bad? O’Melveny!’

* U. Penn. Law doesn’t need to toot its own horn about kicking off its visiting jurist program with a Supreme Court justice — we’ll do it on the school’s behalf: toot f-ing toot for Justice Kennedy. [National Law Journal]

* President Obama nominated former OLC attorney and current HLS professor David Barron for a First Circuit vacancy, and a Western New England alum for a district court judgeship. Congrats! [Boston Globe]

* The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history. [BuzzFeed]

* Preet Bharara, U.S. Attorney for the Southern District of New York, is pretty pissed that federal budget issues are allowing his office to get outgunned by wealthy financial firms. [DealBook / New York Times]

* “It seems a very coordinated effort of smugness.” As we reported previously, lawyers from the small firm representing Michael Jackson’s family think O’Melveny & Myers is full of d-bags. [Los Angeles Times]

* Sorry, but you can’t bang your clients. Well, that’s not completely true. You can bang your clients, but you have to bang them before there’s a legal relationship to keep banging them ethically. [Daily Report]

* DOJ busts giant fortune telling ring. You’d think they would have seen that coming. [Lowering the Bar]

* Today’s New York Times points out that Judge Kopf penned an eloquent post regarding his reaction to the news that Shon Hopwood — a man Kopf sentenced to a lengthy prison term — is poised to clerk for Judge Janice Rogers Brown of the D.C. Circuit. Funny, it seems like I read that news before… [New York Times]

* The government just doesn’t know what documents Edward Snowden stole. That’s part of the reason British authorities stopped David Miranda. That and the Brits love irony. [The Volokh Conspiracy]

* The message here is not bad per se, but to all the law school apologists spreading it around based on the quote, “Yeah, I know, the legal market sucks, blah blah blah. But you don’t need thousands of jobs. You just need one,” well, that’s not a sustainable model. For students that is. [Medium]

* In the midst of cracking down on the NYPD, Judge Scheindlin also issued a new opinion on e-Discovery. IT-Lex provides an in-depth review. [IT-Lex]

* Another sign of the discrimination against women in business — women lag far behind in the commission of high-level corporate fraud. [Law and More]

* BP has taken out a full-page ad in the New York Times, Washington Post, and Wall Street Journal to complain about how much money they’ve had to spend cleaning up that one time they catastrophically devastated an ecosystem through their own recklessness. It’s the most recent curious PR move on BP’s part…

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Most folks think lawyers exist to screw over “widows and orphans.” According to a federal judge, one law firm made that reputation a reality and now owes an elderly man $130,000.

Did every other lawyer decry the injustice and declare that the firm was acting beyond the bounds of common dignity? If you guessed in the negative, congratulations.

Fellow lawyers, this is why we can’t have nice things…

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No, RBG, that’s not the internet.

* According to Justice Elena Kagan, the rest of her colleagues are Supreme technophobes. Because “[t]he court hasn’t really ‘gotten to’ email,” they still pass handwritten memos to each other. [Associated Press]

* “[I]f we don’t get some relief we might as well close our doors.” Thanks to sequestration, budget cuts to the federal judiciary have resulted in layoffs in the Southern District of New York. Sad. [New York Law Journal]

* Kodak’s Chapter 11 reorganization was approved by Judge Allan Gropper, who called the affair “a tragedy of American economic life.” He must’ve had fond memories of getting other people’s pictures. [Bloomberg]

* Bankruptcy lawyers for corporate debtors are going to have to crack down on churning their bills. Starting in November, they will be subject to additional rules, and even (gasp!) fee examiners. [WSJ Law Blog]

* Guardian reporter Glenn Greenwald’s partner, David Miranda (because of course his surname is Miranda), has lawyered up after his unusual nine-hour detainment at Heathrow airport this weekend. [Am Law Daily]

* So long, Nuts and Boalts: Christopher Edley, dean of Boalt Hall, is taking a medical leave and cutting short his term as the school’s leader at the end of the year. [Bottom Line / San Francisco Chronicle]

* “We’ll take him.” Indiana Tech Law School opens today, and its founding dean is very excited to add a 33rd student — one who was admitted yesterday — to the school’s inaugural class. [National Law Journal]

* Eugene Crew, co-founder of the firm once known as Townsend and Townsend and Crew, RIP. [Recorder]

[T]he city’s highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner. In their zeal to defend a policy that they believe to be effective, they have willfully ignored overwhelming proof that the policy of targeting “the right people” is racially discriminatory and therefore violates the United States Constitution.

– Judge Shira Scheindlin (S.D.N.Y.), in a ruling declaring that the New York Police Department’s hotly debated stop-and-frisk tactics violated the Fourth and Fourteenth Amendments.

(Continue reading to see Judge Scheindlin’s glorious 195-page opinion. It’s a legal document that should be on every lawyer’s required reading list.)

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One hopes “black edge” wasn’t on the list. Anyway, today’s indictment against SAC, for wire fraud and securities fraud, is something to behold:

“For example, on or about July 29, 2009, a recently hired SAC PM (the ‘New PM’) sent an instant message to [Steve Cohen] and relayed that, due to some ‘recent research,’ the New PM planned to short Nokia when he started work 10 days later. The New PM apologized for being ‘cryptic’ but noted that the head of SAC compliance ‘was giving me Rules 101 yesterday – so I won’t be saying much[.] [T]oo scary.'”

Possibly the weirdest part here is that new hires got compliance lectures two weeks before they showed up at the firm? But maybe not; the DOJ takes a pretty dim view of SAC’s hiring process generally, and if you believe the DOJ that SAC’s main hiring criterion was “is good at insider trading,” then you could imagine the need for a little pre-start-date warning in email etiquette:

Continue reading over at DealBreaker….

Billionaires can get away with a lot because they’re billionaires and can get pretty much whatever they want at any given moment. Except childhood sleds.

Couple billions of dollars with running an eight million person personal fiefdom, and it’s not surprising that Mayor Michael Bloomberg has developed an unhealthy disrespect for any other authority.

Unfortunately for him, there are higher authorities in this world, and Bloomberg may have finally done enough to get the public spanking he’s been courting.

Friday afternoon, Mayor Bloomberg walked once again into the thresher maw that is the legal quagmire of his “stop and frisk” program by declaring that the program, criticized as racial profiling writ large, “stops too many whites.”

Well, Bloomberg is probably right. The program does stop too many whites…

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If you were hoping to spend a year with no pay helping a premier Internet publication write up a sighting of Amanda Bynes at Shake Shack, you may soon be out of luck.

On the heels of Judge William Pauley ruling in favor of unpaid interns in the entertainment industry, the Internet behemoth that is Gawker Media is the subject of a new class action for its unpaid internships.

Which means this was probably a bad day for them to make jokes about the practice of abusing interns…

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The NYPD really loves its stop and frisk policy. The prospect of randomly stopping exclusively minorities a random selection of New Yorkers really excites the department. And why not? The practice has done wonders to prevent crime in the city. Well, if you define “crime” as pot possession. Because the policy hasn’t accomplished much of anything else.

Now the constitutionality of the policy is in jeopardy, awaiting a decision from Judge Shira “Don’t Call Me Judy” Scheindlin, the judge the City decided to embarrass by commissioning a report accusing her of bias because the City is incredibly stupid.

When and if (OK, “when”) Judge Scheindlin strikes down the current iteration of the policy, Eric Holder has a suggestion for how to remedy the violation. And Mayor Mike Bloomberg is none too pleased…

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BP Interns preparing to take over operations at Deepwater Horizon, April 19, 2010.

For the record, that was not the “royal ‘we'” in the title — here at Above the Law, we pay our interns. But a whole lot of folks don’t, because when no one else is hiring, companies can get away with offering to hire folks for the promise of experience and a cup of coffee (disclaimer: “Cup of Coffee” not provided).

Mercifully, law firms haven’t succumbed to the impulse to bring on interns for free. Oops, spoke too soon (fourth item).

But Judge William Pauley of the Southern District of New York delivered some big wins for unpaid interns yesterday…

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