Second Circuit

  • 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
  • 'That's just our special sauce!'

    2nd Circuit, 9th Circuit, Akin Gump, American Bar Association / ABA, Bankruptcy, Biglaw, David Boies, Dewey & LeBoeuf, Drinking, DUI / DWI, Education / Schools, Edwards Wildman, Fast Food, Food, Law Professors, Law School Deans, Minority Issues, Morning Docket, Nauseating Things, SCOTUS, Supreme Court, Ted Olson

    Morning Docket: 02.13.13

    * Six Supreme Court justices attended last night’s State of the Union address, and although it was all hugs and kisses and handshakes to start off with, some looked as if they were due for naptime by its end (coughRBGcough). [Blog of Legal Times]

    * It’s a clash of the Biglaw titans! In a face off between legal heavyweights, the Second Circuit has set aside time to hear arguments from Ted Olson and David Boies in the Argentine bondholder case. [Thomson Reuters News & Insight]

    * Dewey know if this document specialist’s Worker Adjustment and Retraining Notification Act lawsuit has got any legs to it? It certainly must, because Judge Martin Glenn very recently denied the failed firm’s motion to dismiss it. [Am Law Daily]

    * Congratulations to Paulette Brown of Edwards Wildman Palmer. This Jersey girl is the uncontested nominee for ABA president in 2015, making her the first minority woman to hold the title. [New Jersey Law Journal]

    * Send in the clowns (or loads of O’Melveny and Akin lawyers): Apple’s CEO, Tim Cook, has a low opinion of David Einhorn’s Greenlight Capital lawsuit, referring to it as nothing more than a “silly sideshow.” [Reuters]

    * “It is up to us in the academy to prepare our students for the future no matter what it holds.” Dean Frank Wu of UC Hastings seems to be on the right track when it comes to necessary law firm reforms. [Huffington Post]

    * Poor, poor Teresa Wagner. She was allegedly denied a job because of her conservative views, and her case ended in a mistrial. That kind of a thing could drive a woman to drink… and drive. [Iowa City Press Citizen]

    * Not only does Lehigh University ruin every college basketball bracket in the nation, but it also provides great “I’m suing you because of my crappy grades” fodder. Oh my God, I really miss you, Lehigh! [Morning Call]

    * Thanks to the wisdom of the Ninth Circuit, we now know that, at least in Washington, a spit-laden hamburger from Burger King is grounds for emotional distress damages. Ugh, that’s nasty! [WSJ Law Blog (sub. req.)]

    9 Comments / / Feb 13, 2013 at 9:07 AM
  • LF Lazy

    2nd Circuit, Citigroup, Jed Rakoff, Securities and Exchange Commission, Securities Law

    SEC To Second Circuit: ‘Please Don’t Make Us Do Our Jobs!’

    The SEC and Citigroup want the Second Circuit to tell district courts to stay out of their backroom settlements. That sounds wrong.

    20 Comments / / Feb 8, 2013 at 1:51 PM
  • Judge Lynn Hughes

    2nd Circuit, Cyberlaw, DealBreaker, Free Speech, Kellogg Huber, Racism, SCOTUS, Sentencing Law, Supreme Court

    Non-Sequiturs: 02.07.13

    * Above the Law promotes real-world change! Complaint filed against a Texas judge after Elie calls him out for being RACEIST! [ABA Journal]

    * If you were thinking of calling your friend from the Philippines a “skank” on Facebook, you may want to reconsider. [Philippine Inquirer]

    * If you’re a powerful financial executive, lay off the bath salts. [DealBreaker]

    * Judicial throwdown at the Second Circuit! Short version: Judge Raagi thinks Judge Jacobs should care way more about punishing guys sexting underage girls. Judge Jacobs thinks Judge Raagi watches too much Dexter. [Second Circuit / FindLaw]

    * Federal District Judge John Lungstrum calls out a couple trial teams for terrible trial work. Biglaw litigators may not be the best trial attorneys? You don’t say. [New York Personal Injury Attorney Blog]

    * Kenneth Anderson describes the U.S. government’s longstanding love affair with “imminence” in the context of the Obama drone strike white paper. To borrow from Rev. Lovejoy’s sermon: “Imminence…sweet imminence.” [Lawfare]

    * Judges: If you’re going to base a decision on a particular fact… don’t include pictures in the opinion that directly contradict that finding. Check out page six, line two and Appendix 2 [Court of Appeals, State of Oregon]

    * SCOTUSBlog and Bloomberg Law have a competition for law students. Beat your peers AND the SCOTUSBlog team and win $5000. [SCOTUSBlog]

    2 Comments / / Feb 7, 2013 at 5:47 PM
  • Second Amendment

    2nd Circuit, BARBRI, Constitutional Law, Guns / Firearms, Law Professors, Non-Sequiturs, SCOTUS, Supreme Court, United Kingdom / Great Britain

    Non-Sequiturs: 01.30.13

    * Congress isn’t standing up to the Supreme Court as much as it used to. [SCOTUSblog]

    * The Second Circuit really wants you to use a current email address. [Find Law]

    * A bar exam for teachers? Why would we create a system that would make BAR/BRI more money? [Constitutional Daily]

    * I kind of wish that everybody who offers an opinion on gun safety laws was required to have a law degree just so they could understand what’s actually being proposed. [Media Matters]

    * Not that getting a bunch of constitutional lawyers together is a recipe for compromise on the Second Amendment. I just want people to know what’s being talked about. [Huffington Post]

    * Stupid law firm slogan time! [Legal Cheek]

    * Henry Blodget defends internet trolls everywhere. [The Awl]

    6 Comments / / Jan 30, 2013 at 5:02 PM
  • roe-scale

    2nd Circuit, Abortion, Bar Exams, Barack Obama, Biglaw, Books, Crime, Disasters / Emergencies, Holland & Knight, Job Searches, Joe Biden, John Roberts, Law Professors, Law Schools, Money, Morning Docket, Parties, Politics, SCOTUS, Sonia Sotomayor, Student Loans, Supreme Court, War on Terror

    Morning Docket: 01.22.13

    * “Given health care, I don’t care if he speaks in tongues.” Chief Justice John Roberts botched Barack Obama’s presidential oath at his first inauguration, but this time he managed to get it right. [New York Times]

    * What was more important to Justice Sonia Sotomayor than swearing in Joe Biden as VP at noon on Sunday? Signing books at Barnes & Noble in New York City. Not-so wise Latina. [Los Angeles Times]

    * D.C. Biglaw firms — like Holland & Knight, Covington, K&L Gates, and Jones Day — allowed others to bask in their prestige at their swanky inauguration parties. [Capital Business / Washington Post]

    * It’s been 40 years since SCOTUS made its ruling in Roe v. Wade, and this is what we’ve got to show for it: a deep moral divide over women being able to do what they want with their own bodies. [Huffington Post]

    * The latest weapon in the fight against terrorism is the legal system. The Second Circuit recently issued a major blow to those seeking to finance militant attacks in secret. [Thomson Reuters News & Insight]

    * “Firms don’t just hire a body anymore.” The 2012 BLS jobs data is in, and if you thought employment in the legal sector was going to magically bounce back to pre-recession levels, you were delusional. [Am Law Daily]

    * Three months have come and gone since Hurricane Sandy rocked law firm life as we know it in Manhattan, but firms like Fragomen and Gordon & Rees are still stuck in temporary offices. [New York Law Journal]

    * This seems like it may be too good to be true, but it looks like New York’s chief judge may be on board to grant law students bar eligibility after the completion of only two years of law school. [National Law Journal]

    * Law professors may soon be in for a nasty surprise when it comes to their salaries if their schools follow Vermont Law’s lead and remove them as salaried employees, paying only on a part-time basis. [Valley News]

    * Resorting to a life of crime in order to pay off your law school debt is never a good thing — unless you’re doing it while waring a Bucky Badger hat. We’ll probably have more on this later. [Wisconsin State Journal]

    1 Comment / / Jan 22, 2013 at 9:04 AM
  • Dean Evan Caminker

    2nd Circuit, Andrew Cuomo, Arnold & Porter, Biglaw, Eric Holder, Evan Caminker, Guns / Firearms, Law School Deans, Law Schools, Morning Docket, Real Estate, Student Loans, Violence

    Morning Docket: 01.10.13

    * Eric Holder has agreed to serve once more as attorney general during President Barack Obama’s second term, but he still plans to leave at some point — after all, he’s no “Janet Reno of the Justice Department.” [Blog of Legal Times]

    * For those who care about Biglaw firms and the landlords who love them, fear not, because there’s a whole lot of moving and shaking in terms of commercial real estate deals for Arnold & Porter, Goodwin Procter, and Sidley Austin. [Am Law Daily]

    * Jacoby & Meyers scored at the Second Circuit, and the firm’s legal attack on New York’s ban on non-lawyer law firm ownership was reinstated. Soon Walmart will own a law firm with “Low Prices. Every day. On everything.” [Bloomberg]

    * Who’ll be stepping in to fill Evan Caminker’s $457,964 shoes as the next dean of Michigan Law? None other than Mark West, who’d like to improve financial aid and loan repayment programs. [National Law Journal]

    * Gun nuts, commence your rioting… now. If passed, Governor Andrew Cuomo’s sweeping gun-control proposal would make New York the state with the strictest gun laws in the country. [WSJ Law Blog (sub. req.)]

    * Speaking of needless gun violence, by Friday, we’ll know whether there’s enough evidence to move forward with a trial for James Holmes, the accused shooter in the Aurora movie theater massacre. [New York Times]

    0 Comments / / Jan 10, 2013 at 9:04 AM
  • Don't be a sucker!

    2nd Circuit, Bar Exams, Barack Obama, Billable Hours, California, Constitutional Law, Free Speech, Law Professors, Law School Deans, Law Schools, Money, Non-Sequiturs, Police, Politics

    Non-Sequiturs: 01.04.13

    * According to the Second Circuit, the long arm of the law doesn’t extend to the middle finger. You can’t just go around arresting dudes for flipping you the bird. [U.S. Second Circuit / FindLaw]

    * President Obama jetted off to Hawaii before he could sign the fiscal cliff bill, so he ordered it be signed by autopen. Of course, people are losing their minds over it. [Volokh Conspiracy]

    * Should we scrap the Constitution? Georgetown Law professor Louis Seidman continues to advocate for constitutional disobedience in this epic ConLaw throwdown. [HuffPost Live]

    * Don’t celebrate your increase in California bar passage points yet. The state bar changed its tune, and a 40% pass rate is the new standard. That shouldn’t be hard, eh TJSL? [California Bar Journal]

    * One of our former columnists, Jay Shepherd, has a great way to calculate what your actual hourly rate should be, if you don’t mind working for just pennies a day. Most lawyers would mind. [jayshep]

    * For the love of God, even Gawker knows that going to law school these days is a fool’s errand, or in their own words: “IT’S A SUCKER’S BET. A CLEAR SUCKER’S BET.” Come on, stop being suckers. :( [Gawker]

    * If you’d like to hear Dean Lawrence Mitchell of NYT op-ed fame sound off on why there isn’t a lawyer oversupply problem, and why it isn’t his job to get law students jobs, we’ve got a video for you to watch….

    5 Comments / / Jan 4, 2013 at 5:00 PM
  • DVF: 'You must be kidding me.'

    2nd Circuit, Blogging, China, Fashion, Federal Judges, Intellectual Property, Law School Deans, Law Schools, Money, Morning Docket, Patents, S.D.N.Y., Wall Street

    Morning Docket: 12.13.12

    * “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]

    0 Comments / / Dec 13, 2012 at 9:08 AM
  • This coming spring, One First Street is going to be gayer than the Castro on a Saturday night.

    2nd Circuit, 9th Circuit, Anthony Kennedy, Gay, Gay Marriage, John Roberts, SCOTUS, Supreme Court

    Breaking: Supreme Court Decides To Hear Major Gay Rights Cases

    So what major cases did the Supreme Court just add to its calendar for this Term?

    21 Comments / / Dec 7, 2012 at 3:17 PM
  • bride holding a bouquet

    2nd Circuit, ACLU, Biglaw, China, Insider Trading, Law Schools, Morning Docket, Prisons, Religion, Sentencing Law, Solo Practitioners, State Judges, State Judges Are Clowns, Student Loans, Weddings

    Morning Docket: 12.05.12

    * Mirror, mirror, on the wall, which is the fairest firm of them all? According to the 2012 Acritas Brand Index survey, the current leader of the Global 100 is the most powerful Biglaw brand for the fifth year in a row. [American Lawyer]

    * But that might not last for long, considering the dilemma Baker & McKenzie is facing when it comes to joining the Shanghai Bar Association in China. The firm is one of the first to indicate that it’ll take the plunge. [Wall Street Journal]

    * Thanks to the Second Circuit, Rajat Gupta will be a free man on bail pending the appeal of his insider trading conviction. We wonder what Benula Bensam would have to say about this new twist. [DealBook / New York Times]

    * Jason Smiekel, the lawyer who pleaded guilty in a murder-for-hire plot involving a former client, was sentenced to eight and a half years in federal prison. The things men will do for HHHBs. [Chicago Tribune]

    * Student loan payments: coming to a paycheck deduction near you! Congress is considering an overhaul of the country’s student debt collection practices, and Rep. Tom Petri has some interesting ideas. [Bloomberg]

    * The Cleveland-Marshall College of Law is the latest school to hop aboard the solo practice incubator train, but graduates will have to rent their office space from the school. Nice. /sarcasm [National Law Journal]

    * “We didn’t file this complaint lightly.” Sorry, Judge Norman, but as it turns out, you can’t just sentence a teenager to attend church for 10 years as a condition of parole without pissing off the ACLU. [Tulsa World]

    * When your alterations cost more than your wedding gown, it’s pretty much a given that you’ll have some problems — ones worth suing over, if you’re a true bridezilla (like moi). [Thomson Reuters News & Insight]

    3 Comments / / Dec 5, 2012 at 9:07 AM
  • Casey Anthony is not impressed.

    2nd Circuit, Bankruptcy, Biglaw, California, Cellphones, Dewey & LeBoeuf, Facebook, Federal Judges, Gay Marriage, Gender, Morning Docket, Privacy, SCOTUS, Supreme Court, Technology

    Morning Docket: 11.26.12

    * Will it be DOMA or Prop 8? The countdown until Friday starts now, because everyone’s waiting to see whether the Supreme Court will grant cert on one of the five same-sex marriage cases that has come before the high court. [UPI]

    * Walk like an Egyptian — or, in this case, you can protest like one. Judges and lawyers are on strike and filing legal challenges to President Mohamed Morsi’s “unprecedented attack on judicial independence.” [New York Times]

    * Dewey know when this failed firm’s bankruptcy plan will be approved? Team Togut is hoping for a February resolution, but the rascally retirees may throw a wrench in things with their committee’s continued existence. [Am Law Daily]

    * Even though the Northern District of California has a historic all-women federal bench — a courthouse of their own, if you will — there’s probably no need to tell them that THERE’S NO CRYING IN LITIGATION. No crying! [The Recorder]

    * New technology + old laws = a privacy clusterf**k. This week, a Senate committee will contemplate whether the Electronic Communications Privacy Act needs to be updated to get with the times. [New York Times]

    * The New York State Bar Association may oppose it, but Jacoby & Meyers’s challenge to the state’s ban on non-lawyer firm ownership shall live to see another day thanks to the Second Circuit. [New York Law Journal]

    * An Alabama Slammer is both a dangerous cocktail and a term for what happens when your Southern law school refuses to cut its class size and you’re left woefully unemployed after graduation. [Birmingham News]

    * Casey Anthony finds relevancy again! Girls in my high school used to search for “foolproof suffocation” on Google and later get acquitted of murdering their daughters all the time; it was no big deal. [USA Today]

    * Dean Boland, aka Paul Ceglia’s gazillionth lawyer in the Facebook ownership case, will soon find out if can withdraw as counsel. He’s got other things to deal with, like a $300K child porn judgment. [Wall Street Journal]

    0 Comments / / Nov 26, 2012 at 9:05 AM