Second Circuit

* 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]

Casey Anthony is not impressed.

* 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]

Sen. Kirsten Gillibrand

She is so in over her head, to me it’s unfortunate that she’s a U.S. Senator. It’s an example of why we are where we are as a country that we don’t have people of substance who really can step up. It’s a joke. She’s Chuck Schumer’s lap dog.

Daniel W. Isaacs, Chairman of the New York County Republican Party, commenting on Senator Kirsten Gillibrand’s reelection. Both Isaacs and Gillibrand together served as clerks for the late Judge Roger Miner of the Second Circuit.

Not one single ‘F’ from the Class of 2012.

* “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]

The U.S. Court of Appeals for the Second Circuit, in an opinion written by a prominent conservative jurist, Chief Judge Dennis Jacobs, just voted to strike down Section 3 of the Defense of Marriage Act (DOMA). The court issued its 2-1 decision just three weeks after hearing oral argument, which is extremely fast for a case of this complexity and importance….

double red triangle arrows Continue reading “Second Circuit Strikes Down Section 3 of the Defense of Marriage Act”

* 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]

Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), we’ll be on a reduced publication schedule today. We’ll be back in full force tomorrow.

* 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]

* This fall, Floridians will vote on constitutional amendments that deal with abortion and separation of church and state. Meanwhile, half the voters won’t 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., former dean of UMass Law, had to deal with Gregory Langadinos, a serial law school litigant, and it wasn’t pretty. [Boston Globe]

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. The taste of the prestige must be simply delightful. But after paying $311,804 for four bottles of wine that may have been counterfeit, even the richest of men would probably be left with the awful taste of sour grapes.

This is what allegedly happened to William Koch, brother to the controversially conservative Charles and David Koch, when he discovered that the wine he purchased from Thomas Jefferson’s cache in France may have been bogus. Because when you’re worth $4 billion, it must be embarrassing to file suit over a mere pittance. But that’s exactly what this wine aficionado did; no one fools a Koch brother and gets away with it.

Alas, it seems that Koch’s claim aged more like milk than fine wine, and the Second Circuit had the unfortunate task of telling him….

double red triangle arrows Continue reading “Billionaire Is SOL Because Of The SOL When It Comes to Thomas Jefferson’s Wine”

After more than a year of litigation, fellow fashionistas can finally rejoice, because thanks to the Second Circuit, French fashion house Christian Louboutin is officially entitled to trademark protection for its signature red-soled shoes. It seems that the epic judicial shoedown against Yves Saint Laurent is at its end.

But not so fast, ladies. Before you shake your Loubooties on the catwalk at Fashion Week, you may be interested to know that this was only a partial victory for everyone’s favorite luxury shoemaker.

The Second Circuit made a rather important distinction in its opinion today — one that seems a bit antithetical to Louboutin’s desires, considering the fact that it’s what prompted the underlying lawsuit in the first place….

double red triangle arrows Continue reading “Christian Louboutin No Longer Seeing Red After This Second Circuit Trademark Ruling”

Isn’t Jewel v. Boxer a great case name? Doesn’t it sound like one of the classics of the 1L curriculum, right up there with Pierson v. Post, Hawkins v. McGee, and International Shoe?

It is definitely a case that lawyers ought to know. This appellate decision, handed down by a California court in 1984, remains the leading case on how to divvy up attorneys’ fees generated by cases that were still in progress at the time of a law firm’s dissolution. Dewey care about this case? Absolutely.

But Jewel might not maintain its status as the key precedent on so-called “unfinished business,” at least if one judge has anything to say about it. Check out an interesting ruling that just came down from the Southern District of New York, arising out of one of the biggest Biglaw bankruptcies of recent years….

double red triangle arrows Continue reading “A Welcome Ruling for the New Law Firms of Refugees from Bankrupt Firms”

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