Second Circuit

  • '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, BAR/BRI, 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
  • gillibrand RF

    2nd Circuit, Clerkships, Politics, Quote of the Day, Rudeness

    Quote of the Day: Quite Possibly the Worst Co-Clerk Ever?

    A former Second Circuit clerk speaks quite highly of his co-clerk after her reelection as a New York senator. We mean that sarcastically, of course.

    13 Comments / / Nov 7, 2012 at 3:01 PM
  • Not a single recent law grad gave their school an "F."

    1st Circuit, 2nd Circuit, Bar Exams, Biglaw, Gay, Job Searches, Law Professors, Law Schools, Litigators, Morning Docket, Old People, Partner Issues, Politics, Trials

    Morning Docket: 10.23.12

    * “Whether or not the law is dictating it right now, the people are dictating it.” In light of First and Second Circuit DOMA decisions, in-house counsel are considering benefits for same-sex spouses and domestic partners. [Corporate Counsel]

    * “I’m a woman of integrity. My emotions got the best of me.” A Dish Network executive had to publicly apologize for accosting a Gibson Dunn litigation partner’s elderly father outside of a courtroom after the Cablevision trial. [Am Law Daily]

    * A potential farewell to the typical liberal bias in education: at the end of the day, Teresa Wagner’s political bias case against Iowa Law could alter hiring nationwide in higher education. [Iowa City Press-Citizen]

    * Not prepared for the bar exam, and currently without a law job? Let’s give that school a “B” rating. The results of this survey pretty much conclude that recent law school graduates are out of their minds. [WSJ Law Blog]

    * A soon-to-be high school graduate wants to know if he can “go into a creative career” with a law degree. You silly little boy, the law is where creativity goes to die. Hope that helps! [Law Admissions Lowdown / U.S. News]

    1 Comment / / Oct 23, 2012 at 9:09 AM
  • gay marriage 2 grooms small

    2nd Circuit, Constitutional Law, Federal Judges, Gay, Gay Marriage, Paul Clement, SCOTUS, Supreme Court

    Second Circuit Strikes Down Section 3 of the Defense of Marriage Act

    The Second Circuit, in an opinion by a conservative stalwart, Judge Dennis Jacobs, has struck down Section 3 of the Defense of Marriage Act (DOMA). Will this be the vehicle for Supreme Court review of DOMA?

    20 Comments / / Oct 18, 2012 at 11:40 AM
  • Louboutin

    2nd Circuit, Biglaw, Dewey & LeBoeuf, Fashion, Job Searches, Law Schools, Morning Docket, NALP, National Association for Law Placement (NALP), Partner Issues, Real Estate, Shoes, Trademarks

    Morning Docket: 10.17.12

    * Oh, by the way Dewey & LeBoeuf partners, the little contribution plan you signed that received court approval last week might not protect you from your former landlord’s claims for back rent. Hope you’ve all got an extra $45 million sitting in the bank. [Am Law Daily]

    * Louisiana Supreme Court Justice Bernette Johnson will finally get to claim her seat as chief justice of the state’s high court after official judicial recognition — on both the state and federal level — that the year 1994 does indeed come before 1995. [Bloomberg]

    * No matter how hard law school administrators wish it were so, or how much they beg Jim Leipold of NALP, he’s never going to be able to describe the current entry-level legal job market as “good.” [WSJ Law Blog]

    * NYU Law School is changing its third-year program in the hopes of making a “good” market materialize. If you ship students to foreign countries for class, maybe they’ll get jobs there. [DealBook / New York Times]

    * “[W]e’re determined to do everything we can to help them find jobs and meaningful careers.” We bet Brooklyn Law’s dean is also determined to avoid more litigation about employment statistics. [New York Law Journal]

    * Has the other shoe finally dropped? After the Second Circuit ruled that YSL could sell monochromatic shoes, the fashion house decided to drop its trademark counterclaims against Christian Louboutin. [Businessweek]

    0 Comments / / Oct 17, 2012 at 9:10 AM
  • cheating

    2nd Circuit, Abortion, Attorney Misconduct, Biglaw, Billable Hours, Election 2012, Gay, Job Searches, Law Schools, Legal Ethics, Lesbians, Morning Docket, Religion, Southern New England School of Law/Umass, Suicide

    Morning Docket: 10.08.12

    * Should Biglaw firms bill by the result instead of by the hour? When some of the results-oriented strategies involve reading less and writing faster to improve work efficiency, we’re not sure how well this would work in a law firm setting. [New York Times]

    * Roller coaster of employment: after losing 1,400 jobs in August, the legal sector added 1,000 jobs in September. Alas, there are way more than 1,000 new bar admittees gunning for all of those paralegal and secretarial positions. [Am Law Daily]

    * “They were throwing furniture at both of us.” Both sides on the Jacoby & Myers non-lawyer firm ownership case took a beating before the Second Circuit during oral arguments, but who won? [New York Law Journal]

    * Come November, Floridians will vote on constitutional amendments that deal with abortion and separation of church and state. Meanwhile, half the voters won’t even read the entire ballot, so there’s that. [New York Times]

    * A love triangle + an Arkansas Wal-Mart = a judicial suspension for Circuit Judge Sam Pope after an all-out brawl with… Bill Murray? Hey, at least this guy’s estranged wife got three punches in. [National Law Journal]

    * Tyler Clementi’s family won’t file suit against Rutgers University and Dharun Ravi — instead, they’ll use the publicity from their son Tyler’s suicide for “positive purposes,” like supporting gay and lesbian youths. [CNN]

    * “This guy is a bully, and he uses the court system to do it.” Robert V. Ward Jr., the former dean of UMass Law, had to deal with Gregory Langadinos, a serial law school litigant, and it wasn’t exactly pretty. [Boston Globe]

    11 Comments / / Oct 8, 2012 at 9:19 AM
  • tjefferson

    2nd Circuit, Drinking, Federal Judges

    Billionaire Is SOL Because Of The SOL When It Comes to Thomas Jefferson’s Wine

    It must be every billionaire wine connoisseur’s dream to own a few bottles from the cellars of the man who drafted the Declaration of Independence — except if the wine turns out to be fake.

    10 Comments / / Oct 5, 2012 at 12:05 PM
  • Louboutin

    2nd Circuit, Fashion, Fashion Is Fun, Intellectual Property, Shoes, Trademarks

    Christian Louboutin No Longer Seeing Red After This Second Circuit Trademark Ruling

    Fashionistas rejoice: Christian Louboutin has won the trademark rights to his signature red soles!

    7 Comments / / Sep 5, 2012 at 4:08 PM

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