S.D.N.Y.

These are trying times for clerkship applicants. The Law Clerk Hiring Plan is pretty much dead, at least in its strictest version, and it seems like every judge is going his or her own way.

The best applicants can hope for, in the absence of any standardized approach to law clerk hiring, is transparency. Ideally judges should provide clear and comprehensive information about their own particular approaches to hiring clerks. Thanks to this nifty thing called the internet, it’s not that hard.

As in many things, the Southern District of New York provides a model for other courts to follow….

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Last month, the powers-that-be behind OSCAR (the Online System for Clerkship Application and Review) made some changes to the remnants of the Law Clerk Hiring Plan (to the extent that folks still follow the Plan). The upshot: OSCAR will release the electronic clerkship applications of rising 3Ls on June 28, 2013, at 12:00 p.m. (ET). At that point, judges are free to schedule and conduct interviews and make clerkship offers.

In writing about this news, I questioned the wisdom of this approach: “The Plan provides for ‘a single date to receive applications, schedule and conduct interviews, and make clerkship offers.’ This could be a recipe for an utterly shambolic process, a mad scramble for talent on June 28, full of hastily conducted interviews, exploding offers, and questionable behavior by both judges and applicants.”

Well, it seems that some judges agree with this analysis and are taking a different tack….

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Judge Jed Rakoff

The trustee… having for more than three years issued empty threats to seek a halt to the attorney general’s suit, has lost his right to complain. Even on the merits, moreover, his bluster proves to be without substance.

– Judge Jed Rakoff (S.D.N.Y.), issuing a harsh benchslap to Irving Picard, the trustee involved in the Bernie Madoff case, for trying to block a settlement he wasn’t involved in between J. Ezra Merkin and New York Attorney General Eric Schneiderman.

‘What do you mean I’ve been sued?’

Facebook has an important role in modern society, specifically sharing baby/cat pictures and facilitating high school reunion planning. Oh, and disappointing amateur investors.

Now, in at least one case, the government will use Facebook to serve defendants.

The decision reflects the growing faith in the reliability of electronic messaging, taking jurisprudence further down the path started when courts began recognizing email service. On the other hand, Facebook’s messaging kind of blows. I constantly find messages in my inbox days after they were sent.

I assume service is effected by uploading a picture of the filing and tagging it “You”….

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Not pictured: Wall Street Journal.

[The article] lays it out. It gives motive, it gives you methodology, it reflects experts who think it’s valid. This is not the only piece. This article takes the same kind of approach that you have taken in this case.

I mean, frankly, I am totally puzzled, given that plaintiffs’ bar in this area uses the Wall Street Journal as their source of clients and cases, right? You guys read it every day, looking for scandal, right? Other people read People Magazine, but you read the Wall Street Journal.

– Judge Naomi Reice Buchwald (S.D.N.Y.), discussing inquiry notice of plaintiff’s claims with David Kovel of Kirby McInerney, counsel for plaintiffs in the Libor lawsuits, during Tuesday’s hearing.

(The article Judge Buchwald mentions ran in the Wall Street Journal in 2008 and raised serious questions about Libor’s integrity.)

* The horror! The horror! Sacrilege! Constitutional law nerds nationwide will weep at the very thought of someone suggesting that our country’s governing document be amended to abolish life tenure for Supreme Court justices. [Los Angeles Times]

* Quite frankly, it’s pretty amazing how quickly the preclearance section of the Voting Rights Act went from being seen by states as something that wasn’t “onerous” to being “arbitrary and burdensome.” That’s politics for you. [It's All Politics / NPR]

* Jim Woolery, an M&A superstar formerly of J.P. Morgan, has made the jump to Cadwalader after only two years at the bank. Upgrade or downgrade from his Cravath partnership? [Wall Street Journal (sub. req.)]

* Some law professors stop teaching classes to tend to their divorce proceedings, but other law professors teach classes from their hospital beds so their students aren’t thrown to the wolves. [Tex Parte / Texas Lawyer]

* It you want to be employed, make damn sure you nail your interview because “[t]he stakes are higher than ever” — fewer than 13 percent of permanent law jobs were obtained from OCI in 2011. [National Law Journal]

* Greenlight Capital’s case against Apple might have been perceived as a “silly sideshow” by some, but it looks like Judge Richard Sullivan of the S.D.N.Y. purchased front row tickets. [DealBook / New York Times]

* Speaking of silly sideshows, the DOJ recently joined the fray with Floyd Landis and his False Claims Act suit against Lance Armstrong. Perhaps it’s time for the disgraced biker to take his ball and go home. [Bloomberg]

* Alan Westin, privacy law scholar and professor emeritus of public law at Columbia, RIP. [New York Times]

It turns out, Mongolia was right.

Back in May, we told you about a lawyer who, on behalf of the president of Mongolia, was involved in his own crusade to stop the auction of precious Tyrannosaurus bones. Lawyer Robert Painter and President Elbegdorj Tsakhia argued that a Tyrannosaurus bataar skeleton had been smuggled out of Mongolia to be sold in America.

Eventually, U.S. Attorney Preet Bharara of the S.D.N.Y got involved, on the side of Mongolia. It turns out that this Mongolian dinosaur was just the tip of one man’s international smuggling operation.

That man pleaded guilty yesterday….

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Judge Lorna Schofield (S.D.N.Y.) looks like my mom. Is she as divalicious? Let’s hope!

* How much could going over the fiscal cliff cost midlevel to senior associates whose bonuses get paid in January? Here’s an estimate. [Thomson Reuters News & Insight]

* Congratulations to the newest member of the S.D.N.Y. bench: former Debevoise partner Lorna Schofield, the first person of Filipino descent to be confirmed as an Article III judge. [AABANY]

* Judges in my home state of New Jersey are always so fair-minded. Here’s a great recusal motion, directed at Judge Carol Higbee in the New Jersey Accutane mass tort case. [Reed Smith via Drug and Device Law.]

* Make sure you don’t murder any babies before signing up to meet Nancy Grace. [Charity Buzz]

* Check out Advisable, an innovative new service for helping lawyers connect with clients; it’s free and easy to join. [Advisable (description); Advisable (application form)]

* If you’re looking for a stocking stuffer (affiliate link) for a young lawyer in your life, look no further; Dan Hull has a great recommendation. [What About Clients?]

If you’re interested in Judaism, Supreme Court clerks, or both, there’s a video for you after the jump….

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DVF: ‘You must be kidding me.’

* “This is a total victory not just for the C.F.T.C., but also for financial reform.” Regulators, mount up, because you basically just got a free pass to do your jobs and keep a more watchful and vigilant eye on Wall Street. [DealBook / New York Times]

* Last year, China officially surpassed the United States in terms of the number of patent applications filed. China’s probably surpassed the United States in terms of patents infringed, but that’s neither here nor there. [National Law Journal]

* And now we see why St. Louis University School of Law’s interim dean said he’d be donating his salary to the school. He’s no “butt boy” — he’s settled $25M worth of cases since the fall. [Madison-St. Clair Record]

* “Help me, I’m poor”: the Huffington Post’s army of unpaid bloggers will continue to be unpaid, because the Second Circuit recently affirmed the S.D.N.Y.’s decision to toss out their case. [WSJ Law Blog (sub. req.)]

* Diane von Furstenberg, the fashion designer behind luxury brand DVF, is suing an ex-distributor for selling her wares on the cheap to the likes of TJ Maxx and Marshalls. Ugh, cringe… that’s très déclassé. [Bloomberg]

* In a move to “end the vacancy crisis,” one week after being reelected, and one day after the Senate returned to session, Barack Obama nominated seven people for open seats on federal district courts, including two S.D.N.Y. slots. [Blog of Legal Times]

* Dewey know how much the Los Angeles Dodgers will have to pay the now defunct firm for its work on the team’s Chapter 11 bankruptcy case? About $13M — the equivalent of their pitcher’s salary, or 62% of their first baseman’s pay. [WSJ Law Blog]

* Which Biglaw firms in the Am Law 200 are the most LGBT friendly? Overall, of the 145 firms that participated in the Human Rights Campaign’s survey, 71 received perfect scores. Absolutely fabulous! [Am Law Daily]

* The American Bar Association’s Task Force on the Future of Legal Education wants to know what should be done about law schools. This is a time to keep it simple, stupid: change EVERYTHING! [National Law Journal]

* The New York Court of Appeals invoked the Major Disaster Rule for the first time ever, allowing out-of-state attorneys to perform pro bono services for Hurricane Sandy victims. [Thomson Reuters News & Insight]

* William Adams, the Texas family court judge who got caught beating his daughter, returned to the bench yesterday after a year-long suspension. At least he won’t get physical abuse cases, anymore. [Fox News]

* John Coffey, Senior Status Judge of the Court of Appeals for the Seventh Circuit, RIP. [Journal Sentinel]

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