You don’t want to live in a town where the police and the mob work together.
In a completely unrelated note, today the Second Circuit heard arguments from the SEC — the federal agency statutorily charged to enforce the nation’s securities laws — and Citigroup — a company targeted for securities laws violations that it refuses to admit or deny committing — on the SAME SIDE.
This should be a red flag.
They wanted the Second Circuit to spank Judge Jed Rakoff for having the audacity to ask the SEC to kindly do its job. The nerve of some people.
Well, securities law may not be as sexy as drone strikes, but I watched the SEC try to pull off just as naked an executive power grab.
* Above the Law promotes real-world change! Complaint filed against a Texas judge after we call 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]
* 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]
* “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 to pay off your law school debt is never a good thing — unless you’re doing it while wearing a Bucky Badger hat. We’ll have more on these allegations later. [Wisconsin State Journal]
* 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]
* AIG will not join the lawsuit against America. To put that in terms that should be just as outrageous, former AIG CEO Hank Greenberg is still suing America. [Washington Post]
* 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: its attack on New York’s ban on non-lawyer firm ownership was reinstated. Soon Walmart will own a firm with “Low Prices. Every day. On everything.” [Bloomberg]
* Who’ll step in to fill Evan Caminker’s $400,000+ 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]
* 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….
* “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]
* 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]
* 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]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
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