* Lance Armstrong is feuding, again, with former teammate Floyd Landis — this time over discovery [National Law Journal]
* Remember July 2014 when we all learned that ExamSoft — the bar examination software — totally crapped out on test takers? Yeah, they just reached a $2.1 million settlement. #NeverForgetBarghazi [Law360]
* Rejoice haters of measles and other preventable diseases! California is moving to end “personal belief exemptions” for mandatory vaccines. [NPR]
* In oral arguments for an appeal of the conviction of Jesse Litvak, a bond trader convicted of securities fraud involving government bailout funds, the Second Circuit was skeptical over the fairness of the trial. [New York Law Journal]
* The FDA finally arrives in the year 2015; plans to ease restrictions on gay blood donors. [Jurist]
* Senate Judiciary Committee recommends prosecutor Robert Capers the next U.S. Attorney for the Eastern District of New York, filling Attorney General Loretta Lynch’s vacancy. [Wall Street Journal]
* An analysis of who the winners will be under Google’s new plan to buy up patents before the trolls. [JD Supra]
In a huge decision, the Second Circuit reinstated a challenge to the NSA’s warrantless phone records program.
Some lawyers are best-served beavering away in the firm where they have worked since law school. For most legal careers, though, there come inflection points where a change of job can open a whole new world of opportunity. Recognizing whether your career has reached such an inflection point, and then knowing whom to trust to help […]
* Are you tired of hearing about Tom Brady’s balls? No? Good. Here’s a great profile of the Paul Weiss litigator that authored the report on deflategate. [New York Times]
* Good news for all the Pandora listeners out there. The Second Circuit affirmed Pandora’s access to the ASCAP music catalogue. [New York Law Journal]
* As if the “Jena Six” haven’t been through enough, now one of its members is heading to law school. [American Lawyer]
* Brewery scores big First Amendment victory. Let’s all celebrate with a nice cold bottle of “Raging Bitch” beer. [Corporate Counsel]
* The federal government paid $45 million to Northrop Grumman Systems to settle claims it misappropriated trade secrets related to their satellite program. [National Law Journal]
* The debate over the minimum wage rages on in Ninth Circuit case on the constitutionality of Los Angeles’ Living Wage law. [Law360]
Why you gotta be so rude, Preet?
The Second U.S. Circuit Court of Appeals recently held that a secured creditor’s $1.5 billion security interest was invalidated due to an error in the preparation of its UCC-3 termination statement.
A federal judge offers a spirited defense of using legislative history in statutory interpretation.
In a widely anticipated decision, the Second Circuit on Wednesday clarified the standard for insider trading actions against tippees, downstream recipients of inside information who trade on that information.
* Thanks to Wonkette for pointing out that we were on this whole Ruth Baby Ginsburg thing last year. [Wonkette]
* Speaking of our legally themed Halloween costume contest, please send us your nominations. [Above the Law]
* Salacious allegations about a high-flying investment banker invite comparisons to The Wolf of Wall Street. [Dealbreaker]
* The Second Circuit puts a stop to a legal challenge to the stop-and-frisk settlement. [How Appealing]
* You’d expect a former lawmaker to have a better understanding of… the law. [Lexington Herald-Leader]
* The Wall Street Journal reviews Paul Barrett’s new book (affiliate link) about the never-ending Chevron/Ecuador litigation. [Wall Street Journal]
* Speaking of the Chevron/Ecuador matter, here’s more about the Canadian Bar Association’s controversial involvement, which Canada columnist Steve Dykstra covered earlier. [rabble.ca]
* Some thoughts from Jonathan Mermin on something lawyers see every day: bad arguments. [Green Bag]
* Here’s a great new resource for our fellow aficionados of appellate arguments. [Free Law Project]
Studies have found that 63 million Americans qualify for Legal Services Corporation-funded civil legal assistance. These lower-income persons may have serious legal needs, and when they do they completely mess up the courts smooth operations. In a survey of trial judges, more than 60% of the judges reported that unrepresented litigants had errors in procedure. 78% […]
* Uh oh! The Second Circuit is having a copy/paste problem in that it copied and pasted the wrong legal standard into twelve of its immigration opinions from 2008 to 2012. Embarrassing. [WSJ Law Blog]
* Am Law named the grand prize winners of the magazine’s Global Legal Awards for the best cross-border work in corporate, finance, disputes, and citizenship. Was your firm honored? [Am Law Daily]
* An attorney at this Louisiana law firm was apparently attacked by a co-worker’s husband who claimed that the lawyer was behind his cuckolding. We may have more on this later. [Louisiana Record]
* A computer systems engineer at Wilson Sonsini has been charged with insider trading. This is the second time in three years that an employee from the firm has been charged with this crime. [Bloomberg]
* The best way to navigate common mistakes in the LSAT logical reasoning section is to display your logical reasoning capabilities by not taking the LSAT right now. [Law Admissions Lowdown / U.S. News]
What does Judge Wesley of the Second Circuit view as the weakness of the iPad as a work tool?
Why does Judge Wesley of the Second Circuit love using his iPad at oral argument? Let him count the ways.
* The Second Circuit ruled that the World Trade Center Cross may remain on display in the September 11 Memorial and Museum. Apologies, atheists, but it’s a “genuine historical artifact.” [New York Daily News]
* Howrey going to get money back when judges keep tossing unfinished business claims like they’re yesterday’s trash? We’ll see if such claims will be laid to rest after a hearing later today. [Am Law Daily]
* Paul Weiss had a good get this week, with Citigroup’s deputy general counsel leaving the bank to join the firm — which coincidentally has served as the bank’s outside counsel for two decades. [WSJ Law Blog]
* North Carolina, a state that adopted a ban on same-sex marriage in 2012, said it will no longer defend its law in the wake of the Fourth Circuit’s ruling as to a similar ban in Virginia. Hooray! [Los Angeles Times]
* If you missed it, a judge issued a preliminary ruling against Donald Sterling, meaning that the sale of the L.A. Clippers may proceed. Don’t worry, his attorney says this is just “one stage of a long war.” [CNN]
* It seems that “weed-infused weddings” are a hot commodity in states where the drug has been legalized. Sorry, it may be better than an open bar, but it doesn’t seem like a very classy thing to do. [Boston.com]
* Cheryl Hanna, Vermont Law School professor and praised legal analyst, RIP. [Burlington Free Press]
Which federal judge just got trolled?
* Jury duty is the only major civic duty that no one ever talks about. Professor Andrew Ferguson would like to change that by encouraging jurors to speak up about their experience. Enjoy learning how the sausage of justice is made! [Huffington Post] * Verizon threatens to sue Netflix for honestly reporting how bad Verizon’s […]
* The DOJ lifted its three-year hiring freeze yesterday. There are thousands of jobs out there waiting for the perfect applicant. You know what that means: apply to EVERY SINGLE JOB and see what sticks. [WSJ Law Blog]
* Sorry, Apple, but it looks like you’re going to have to keep that pricey e-books antitrust monitor after all. The Second Circuit just nixed the company’s bid to ditch Michael Bromwich of Goodwin Procter. [Reuters]
* It looks like the ABA is going to move toward allowing paid externships for law students — because being paid to work is smarter than paying to work. Oh good, we’re glad someone finally realized that. [National Law Journal]
* Cleveland-Marshall’s solo practice incubator will be up and running in March. Ten lucky grads will pay rent to their law school to learn what they should’ve when they were still paying tuition. [Cleveland Plain Dealer]
* If you think you’ve got it bad as a 3L here in America, think again. Canadian 3Ls in Ontario are looking at a 79 percent increase in articling and licensing fees, bringing the grand total to almost $5,000. [CBC News]
* Which Supreme Court justices missed out on the State of the Union address last night? Three of the usual suspects (Scalia, Thomas, and Alito), plus Justice Sonia Sotomayor. RBG was there most of the time, except for nap time. [Legal Times]
* You’re doin’ fine, Oklahoma! Oklahoma O.K.! The Tenth Circuit announced it’s going to fast-track Oklahoma’s same-sex marriage appeal, and it’ll be heard by the same panel of judges presiding over a very similar appeal from Utah. [News OK]
* The American Legal Institute just named Ricky Revesz, the former dean of NYU Law School, as its new director. He’ll be “clarifying, modernizing and improving the law,” just like he kind of / sort of did with NYU’s 3L curriculum, but not really. [National Law Journal]
* Law students, say hello to the Immigrant Justice Corps, a job opportunity brought to you by Chief Justice Robert Katzmann of the Second Circuit. Hey, the pay is pretty decent for public interest. [New York Times]
* The results of the latest Law School Survey of Student Engagement reveal to us 1Ls are morons. Seventy percent of them are thrilled with career services, but only 45% of 3Ls feel the same way. [WSJ Law Blog]
* She’s no George Zimmerman: Jodi Arias has a racked up a legal tab of more than $2 million, but because her artwork isn’t as hot as she is, the bill will be footed by Arizona taxpayers. [Associated Press]