Second Circuit

  • TTT

    2nd Circuit, Federal Judges, Quote of the Day, Shira Scheindlin

    Ouch! So What Does That Make Magistrate Judges?

    A federal district judge offers his thoughts on judicial hierarchy — and criticizes the Second Circuit.

    5 Comments / / Nov 4, 2013 at 11:44 AM
  • pot-flag

    2nd Circuit, 7th Circuit, American Bar Association / ABA, Biglaw, Drugs, Federal Judges, Gay, Health Care / Medicine, Job Searches, Marijuana, Morning Docket, Richard Posner, Shira Scheindlin, Unemployment

    Morning Docket: 11.04.13

    * Judge Richard Posner is the latest judge to have admitted to making a possible error (which he later endlessly recanted), but hey, if he was wrong, at least he was wrong in a “responsible, informed, and fair-minded way.” [National Law Journal]

    * After being unceremoniously tossed off New York’s stop and frisk case by the Second Circuit for her supposed “partiality,” Judge Shira Scheindlin has been replaced by Judge Analisa Torres. Best of luck — you might need it. [New York Law Journal]

    * Will Judge Scheindlin’s removal have a chilling effect on judicial speech? Lat thinks it would cause judges to “hide underneath their robes” even more than they already do. [Room for Debate / New York Times]

    * The Biglaw gay gross-up marches on: it’s funny that the most conservative industry is outpacing others in terms of progressive benefits for LGBT employees and families. [Capital Business / Washington Post]

    * “The U.S. is facing a paradox surrounding access to justice,” says ABA President James Silkenat, who is trying to kill two birds with one stone by pairing unemployed lawyers with poor clients. [Am Law Daily]

    * Bernie Goetz (aka the New York subway vigilante) was arrested on pot charges after allegedly offering to get an undercover cop high. We’ve got a feeling his new nickname will be “Burnie.” [New York Daily News]

    5 Comments / / Nov 4, 2013 at 9:09 AM
  • junk crotch jeans RF

    2nd Circuit, Barrington Parker, Crime, Guido Calabresi, Pornography, Sentencing Law, Sex, Technology

    Second Circuit To Feds: Don’t Touch His Junk

    What exactly is “penile plethysmography”? A violation of substantive due process, according to the Second Circuit.

    7 Comments / / Oct 4, 2013 at 3:29 PM
  • NCAA Football 14 USE

    2nd Circuit, Bankruptcy, Bernie Madoff, Biglaw, Crime, D.C. Circuit, Dewey & LeBoeuf, Federal Judges, Football, Morning Docket, Partner Issues, Real Estate, Sandra Day O'Connor, Sports, Ted Olson, Television, Trials, Video games

    Morning Docket: 09.27.13

    * Sri Srinivasan was sworn in as a member of the D.C. Circuit by Justice Sandra Day O’Connor, who called him “fair, faultless and fabulous.” The man must have great shoes. [Washington Post]

    * Things aren’t going very well for Steven Donziger in the Chevron / Ecuador case now, but then again, they never are. The Second Circuit denied his bid to oust the judge on the case. [Bloomberg]

    * Dewey know how much this failed firm’s ex-landlord wants from 450 of its former partners? Somewhere in the ballpark of $1.6 million to $45.45 million, so it could be painful. [Am Law Daily]

    * Kilpatrick Townsend & Stockton has already named a new chairman. Congrats to J. Henry Walker IV, a man whose name alone makes it sound like he should probably leading something. [Daily Report]

    * Time is running out for prosecutors to bring charges against those connected to Bernie Madoff’s Ponzi scheme, but it looks like his niece, a Fordham Law grad, is in their sights. [DealBook / New York Times]

    * The series finale of Breaking Bad airs on Sunday, and you must be very sad, so here are five compliance lessons to take away from the show. First and foremost, don’t ever hire a Pinkman. [Corporate Counsel]

    * E.A. Sports and the Collegiate Licensing Company settled the suit filed against them by college athletes, leaving the NCAA to whine, moan, and “take this all the way to the Supreme Court.” [Birmingham News]

    * George Zimmerman’s wife says her husband “went on a victory tour” without her, and has no idea where he is. Clue: maybe he was advising Cybill Shepherd for her role on Law & Order next week. [Miami Herald]

    2 Comments / / Sep 27, 2013 at 9:16 AM
  • Howdy, Aggie Law!

    2nd Circuit, Bankruptcy, Biglaw, Department of Justice, Dewey & LeBoeuf, Lateral Moves, Law Professors, Morning Docket, Partner Issues, Police, Shira Scheindlin, Texas

    Morning Docket: 09.18.13

    * As previously discussed, Morgan Lewis partner Leslie Caldwell hopes to take over where Lanny Breuer left off at the DOJ Criminal Division. Her nomination was formally announced this afternoon. [Blog of Legal Times]

    * Judge Scheindlin doesn’t want to end stop-and-frisk in New York City, she wants to end racial profiling, so you can’t have a stay pending your appeal to the Second Circuit, Mayor Bloomberg. [New York Law Journal (sub. req.)]

    * Dewey know which companies were the latest to be sued by the failed firm’s liquidation trustee to recover funds paid out in the days before it went under? Yes, and Dial Car is really pissed off. [Am Law Daily (sub. req.)]

    * Let’s face the facts: no one’s goal as an attorney in Biglaw is to make it drizzle. Because “law firms don’t know when to fold when trying to hire lateral partners,” they sometimes wind up with the opposite of what they want amid their ranks. [The Lawyer]

    * Texas Wesleyan Law has been Texas A&M Law for only a few weeks, but new traditions are already being made for Aggie lawyers. Now when students enter a classroom, the professors say “howdy.” [KBTX]

    0 Comments / / Sep 18, 2013 at 9:06 AM
  • mini graduation cap on money

    2nd Circuit, Attorney Misconduct, Crime, Deaths, Law Schools, Legal Ethics, Money, Morning Docket, SCOTUS, Sentencing Law, Student Loans, Supreme Court, William and Mary School of Law

    Morning Docket: 09.05.13

    * “The situation is an absolute mess.” Last summer’s SCOTUS decision on mandatory life-without-parole sentences for juvenile offenders has created a “legal limbo” for inmates. We hope they find suitable dance partners. [Wall Street Journal (sub. req.)]

    * Even after you retire, you apparently still have to deal with the Cebullsh*t from your life on the bench. Former Chief District Judge Richard Cebull’s misconduct review is likely heading to Administrative Office of the U.S. Courts. [Great Falls Tribune]

    * Woe unto them that call unpaid work fair: the Second Circuit quickly granted Fox Searchlight an appeal in the Black Swan unpaid intern case in the hope of offering some “much-needed guidance.” [Deadline]

    * Which private law schools offer students the best value? Some unlikely contenders are named on this list, and some T14 schools even make appearances. We’ll have more on this later today. [National Jurist]

    * GW wasn’t the only school that grew the size of its entering class (although it was the largest increase). William & Mary and Missouri saw big gains, too. Yay, more lawyers! [National Law Journal (sub. req.)]

    * If you’re considering applying to law school, think about schools that have lowered their standards and are offering scholarship money like candy. Otherwise, here are some helpful hints. [Huffington Post]

    * Henry Putzel Jr., former reporter of decisions at the Supreme Court, RIP. [Washington Post]

    6 Comments / / Sep 5, 2013 at 9:02 AM
  • Amanda Knox

    2nd Circuit, Celebrities, Divorce Train Wrecks, Donald Trump, Education / Schools, Gay Marriage, Morning Docket, Murder, Ruth Bader Ginsburg, SCOTUS, Supreme Court, Texas

    Morning Docket: 08.26.13

    * Justice Ruth Bader Ginsburg was chatty this week. In terms of same-sex marriage, the Notorious R.B.G. thinks “[t]he court handled both of those cases just the way they should have.” [Bloomberg]

    * And just like a mean girl, Ruthie’s claws were out. After calling the Roberts Court “one of the most activist courts in history,” she offered comments on Justice Samuel Alito’s eye-rolling. [New York Times]

    * Don’t cry for Argentina, the truth is it never respected you. After losing an appeal at the Second Circuit, the country has vowed to defy any of the court’s rulings with which it doesn’t agree. [Reuters]

    * Texas takes the bull by the horns: the state’s Supreme Court will consider if it has the power and jurisdiction to grant gay divorces despite the fact that it bans gay marriage. [Houston Chronicle]

    * “I have a temperament that doesn’t adapt well to politics. It’s because I speak my mind so much.” Joaquim Barbosa, chief justice of Brazil’s highest court and one of the most influential lawyers in the world (according to Time), isn’t afraid to tell it like it is. [New York Times]

    * Since she was already acquitted of the murder of Meredith Kercher, Amanda Knox (fka Foxy Knoxy) will not be returning to Italy for her retrial. That would be as silly as admitting to participation in orgies. [CNN]

    * Following a settlement on undisclosed terms, the suit filed against Paula Deen has been dismissed. It’s too bad that the Baroness of Butter’s career sunk like a spoiled soufflé in the process. [Businessweek]

    * New York’s AG filed a $40M suit against Donald Trump, a rich man who can’t afford a decent hairstylist and allegedly makes students at Trump University weep with his “bait-and-switch” tactics. [NBC News]

    0 Comments / / Aug 26, 2013 at 9:04 AM
  • HI-YA, JUDGE!

    2nd Circuit, Biglaw, Department of Justice, Education / Schools, Enron, Football, H. Rodgin Cohen, John Roberts, Law Schools, Media and Journalism, Money, Morning Docket, Police, State Judges

    Morning Docket: 08.20.13

    * Chief Justice John Roberts appointed Second Circuit Judge José A. Cabranes to the Foreign Intelligence Surveillance Court of Review. Roberts must be happy; few will criticize a moderate. [Washington Post]

    * The Department of Justice plans to hire Leslie Caldwell, Morgan Lewis partner and ex-Enron prosecutor, to fill Lanny Breuer’s shoes. Way to leak the news while she’s on vacation. [DealBook / New York Times]

    * Tell us again how sequestration isn’t having an impact on the judiciary. Private federal indigent defense attorneys are going to see their already modest rates slashed due to budget cuts. [National Law Journal]

    * Sixteen lawyers will receive the New York Law Journal’s Lifetime Achievement Award, and a list like this obviously wouldn’t be complete without the names of some of Biglaw’s best and brightest. Congrats, Rodge! [New York Law Journal]

    * Thomas D. Raffaele, the judge who was karate chopped in the throat by a police officer last summer, is now suing over his crushed larynx and similarly squashed constitutional rights. [Courthouse News Service]

    * Future gunners, unite! If you’re set on becoming a lawyer, there are things you can do to prepare your law school application, even as a college freshman. [Law Admissions Lowdown / U.S. News & World Report]

    * Here’s something to aspire to for the ongoing law school lawsuits: Career Education Corp., a system of for-profit colleges, will pay $10 million to settle a dispute over its inflated job statistics. [Wall Street Journal]

    * Penn State University is starting to issue settlement offers to young men who claim they were sexually abused at the hands of Jerry Sandusky, the school’s former assistant football coach. [Legal Intelligencer]

    4 Comments / / Aug 20, 2013 at 9:11 AM
  • Holdem

    2nd Circuit, Clerkships, Craigslist, D.C. Circuit, Football, Gambling, Gambling / Gaming, Janice Rogers Brown, Non-Sequiturs, Sports, White House Counsel

    Non-Sequiturs: 08.07.13

    * Texas Hold ‘Em loses to Second Circuit on the River. [The Volokh Conspiracy]

    * Compiling a collection of historical White House counsel advice was a labor of love. The collection includes advice on issues ranging from dealing with Leon Trotsky to blockading Cuba. Advice on treaty with Roswell visitors conspicuously absent. [WSJ Law Blog]

    * An incoming 1L at Ole Miss takes to Craigslist to find a “young cute girl” to be “arm candy I spoil.” Ick. [Craigslist (in case that comes down, here’s a screenshot)]

    * Johnny “Football” Manziel’s alleged autograph-for-pay scheme has prompted Texas A&M to hire Lightfoot, Franklin and White, the law firm that helped out Auburn when Cam Newton totally got paid to play was wrongfully accused of taking payments. [USA Today]

    * D.C. Circuit Judge Janice Rogers Brown has hired former bank robber and jailhouse lawyer Shon Hopwood as her new clerk. An awesome story actually. [Blog of the Legal Times]

    * Oh closed circuit surveillance, is there anything you can’t do? A police officer in Italy’s Supreme Court has earned some Internet fame after being caught dancing to YMCA while waiting for the verdict in Silvio Berlusconi’s trial. Original video after the jump. Check out Legal Cheek for some viewer-created homages. [Legal Cheek]

    6 Comments / / Aug 7, 2013 at 5:05 PM
  • Professor Nina Pillard

    2nd Circuit, Biglaw, D.C. Circuit, Insider Trading, Judicial Nominations, Media and Journalism, Morning Docket, Securities and Exchange Commission, Securities Law, Senate Judiciary Committee

    Morning Docket: 07.25.13

    * It’s just business as usual: Amid accusations of liberal court-packing, D.C. Circuit nominee Nina Pillard faced questions on abortion and religion during her testimony before the Senate Judiciary Committee. [USA Today]

    * Biglaw isn’t as dead as we’ve been told and made to believe. Some of the largest firms are actually doing quite well, says American Lawyer’s editor-in-chief, who’d like her job to retain some meaning for now. [Am Law Daily]

    * Fried Frank knew that it’d take a banker to pull the firm from its monetary funk, so it picked up David Greenwald, deputy general counsel of Goldman Sachs, to act as co-chair through 2015. [New York Law Journal]

    * With the change in SEC policy, from allowing companies to use neither-admit-nor-deny language, to forcing them to admit guilt in “egregious” cases, lawyers may soon be very busy. [Corporate Counsel]

    * Raj Rajaratnam is a firm believer in the “three strikes and you’re out” theory of law. A month after the Second Circuit affirmed his insider trading conviction, he’s asking for a rehearing en banc. [Bloomberg]

    11 Comments / / Jul 25, 2013 at 9:07 AM
  • Raj-Rajaratnam RF

    2nd Circuit, Crime, Hedge Funds / Private Equity, Insider Trading, Money, Quote of the Day, Wall Street

    A Big House For A Big Man: A Raj Rajaratnam Ruling

    Keep those spirits high, Raj, because you’re going to be in the slammer for a while.

    8 Comments / / Jun 24, 2013 at 5:09 PM
  • Oprah Harvard RF

    2nd Circuit, Commencement, Copyright, Harvard

    While Oprah Is At Harvard, She Might Want To Retain Some Lawyers

    You get a diploma, you get a diploma, you get a diploma…

    8 Comments / / May 31, 2013 at 5:31 PM
  • Even the liberals look okay with the Red Mass

    2nd Circuit, Religion, SCOTUS, Supreme Court

    Legislative Prayer: Should We Really Care?

    SCOTUS should have left well enough alone instead of granting cert in Greece v. Galloway

    15 Comments / / May 21, 2013 at 1:17 PM
  • Casey Anthony

    2nd Circuit, American Bar Association / ABA, Bail, Bankruptcy, Biglaw, Copyright, Department of Justice, Enron, Google / Search Engines, Jeffrey Skilling, Law Schools, Money, Morning Docket

    Morning Docket: 05.09.13

    * Right about now, the Second Circuit is wondering why authors are suing Google and crying infringement over the Internet company’s e-book project, especially since digitization could benefit so many of them. [Thomson Reuters News & Insight]

    * This is the end of an era of legal battles: Jeffrey Skilling, Enron’s former chief executive officer, is getting a little shaved off the top of his 24-year prison sentence thanks to a deal with the Department of Justice. He’ll be out in 2017. [CNBC]

    * Biglaw expected to have a slow start in 2013, but no one expected it to be this slow. The latest Citi report wasn’t exactly encouraging; on average, firms saw a 0.2% increase in revenue during the first quarter. [Am Law Daily]

    * In the past decade, the American Bar Association has created six task forces to explore changing the face of legal education as we know it. Funny… nothing’s really changed. [National Law Journal]

    * Bail for Ariel Castro, the accused Cleveland kidnapper, has been set at $8 million. “Just think of how many ribs and salsa albums could be bought with that, bro,” said Charles Ramsey. [Chicago Tribune]

    * Casey Anthony had a bankruptcy hearing yesterday, but that news was overshadowed because everyone cared more about the girl who wasn’t going to get away with murder. [Orlando Sentinel]

    1 Comment / / May 9, 2013 at 9:13 AM
  • gatsby

    2nd Circuit, Bankruptcy, Books, Law Schools, Movies, Non-Sequiturs, Police

    Non-Sequiturs: 05.08.13

    * Professor Alfred Brophy wonders if The Great Gatsby (affiliate link) provides an early preview of product placement. In any event, I’m willing to bet the new movie will provide a stellar latter day view of product placement. [The Faculty Lounge]

    * Brooklyn Law School will begin offering a 2-year JD program. This makes too much sense. [Brooklyn Law School]

    * Former Dora the Explorer star rebuffed in effort to unwind settlement, in part over claims that she overpaid for her lawyer. He charged $755/hour plus a 37.5% “success fee.” This is the sort of thing that happens if a monkey is your most trusted confidant. [Hollywood Reporter]

    * Oreck files for bankruptcy. Not Orrick, Oreck. They make vacuum cleaners that suck. Figuratively. [USA Today]

    * Urinating on police stations? Detroit sounds like such a charming place. [Legal Juice]

    * If you don’t mind spoilers, here are the answers to all your Iron Man 3 legal queries. Not answered: why was the post-credits scene so lame? [Law and the Multiverse]

    * While created for short-sighted criminal defendants, this applies equally to the hubris of civil defendants who are just SURE they’re going to win. [What the Public Defender?]

    * Caroline Kennedy just paid up her lapsed bar admission. Just in time for a Senate confirmation hearing… you know if she were to get nominated for something. [WiseLawNY]

    3 Comments / / May 8, 2013 at 5:40 PM
  • My personal favorite: Peepemptory Challenges.

    2nd Circuit, Billable Hours, Blog Wars, Blogging, Books, Citigroup, Holidays and Seasons, Judge of the Day, Law Schools, Non-Sequiturs, Securities Law, Sex, Sex Scandals, State Judges, State Judges Are Clowns, Wall Street

    Non-Sequiturs: 03.29.13

    * To those of you who celebrate it, Happy Easter! Welcome the holiday by voting in the ABA Journal’s fifth annual “Peeps in Law” contest. [ABA Journal]

    * If law firm brackets aren’t your thing, check out Professor Kyle Graham’s brackets for (1) law school classes and (2) law blogs. I’m thankful for ATL’s #1 seed but terrified by who we’re up against (because they’ve ripped me a new one before). [noncuratlex]

    * Sorry, Judge Steiner, you wuz robbed; you should have been our Judge of the Day. It’s tough to top “allegations of a sexual quid pro quo with a female lawyer and the eye-opening confiscation of carpet from [chambers] for forensic analysis.” [OC Weekly]

    William Shatner

    * “William Shatner’s Seductive Powers Don’t Create a Fiduciary Duty.” Robyn Hagan Cain explains why. [U.S. Second Circuit / FindLaw]

    * Citi settles securities cases for $730 million. Matt Levine is not impressed. [Dealbreaker]

    * And Ted Frank is incensed by Bernstein Litowitz’s nine-figure fee request. [Point of Law]

    * If you’re already depressed by public ignorance about the Supreme Court, don’t look at the responses to question 9 of this opinion poll. [Penn Schoen Berland]

    * Steven Harper — author of a new (and very good) book about the legal profession, The Lawyer Bubble (affiliate link) — offers thoughts on the billable hour in the wake of the DLA Piper overbilling allegations. [New York Times]

    7 Comments / / Mar 29, 2013 at 5:39 PM
  • Northwestern Law

    2nd Circuit, Abortion, Constitutional Law, Federal Circuit, Federal Government, Federal Judges, Insider Trading, Law Schools, Money, Morning Docket, Rankings, U.S. News

    Morning Docket: 03.12.13

    * If you hate the government and you hate lawyers more, then you’ll love this. In the past five years, the feds have awarded $3.3 billion to more than 4,700 vendors for legal work. [National Law Journal]

    * A year and a half after he was nominated for a Federal Circuit judgeship, and more than a year after his hearing, the Senate finally decided to confirm Richard Taranto. How kind. [Blog of Legal Times]

    * Pretty pretty please? Zvi Goffer and Michael Kimmelman would really really like it if the Second Circuit could overturn their insider trading convictions due to unfairness. [Thomson Reuters News & Insight]

    * The U.S. News law school rankings are often criticized, and here’s why: if survey respondents “were asked about Princeton Law School, it would appear in the top 20. But it doesn’t exist.” [Chronicle of Higher Education]

    * Nevermind the fact that law school applications are down, but Northwestern Law is doing the “responsible thing” and reducing the size of its incoming class — and raising tuition by 3% to boot. [Wall Street Journal]

    * Jason Rapert, the Arkansas senator who passed a fetal-heartbeat abortion ban in his state, says he “has no time” for anyone who says it’s unconstitutional. To paraphrase, ain’t nobody got time for that. [New York Times]

    1 Comment / / Mar 12, 2013 at 9:17 AM
  • Ted Olson and David Boies (photo by yours truly)

    2nd Circuit, Barrington Parker, Biglaw, David Boies, Federal Judges, Hedge Funds / Private Equity, Litigators, Money, Partner Issues, Ted Olson, Wall Street

    Clash of the Biglaw Titans: Ted Olson and David Boies Meet in Second Circuit Showdown

    Earlier this week, Ted Olson and David Boies, along with lawyers from Cleary Gottlieb and Reed Smith, argued an appeal with billions of dollars at stake.

    9 Comments / / Mar 1, 2013 at 11:30 PM

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