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….
What happens when a child star’s fame fizzles out? Like many one-hit wonders, they’ll try to keep their careers afloat by starring in new roles, but sometimes the spark is just gone. While some try to remain relevant by serving as crime commentators on truTV, others just try to keep their names out of crime blotters. Still others have been trying their hands at the other side of the law.
For example, you’ve surely heard that Jeff Cohen, otherwise known as Chunk from The Goonies, is now a truffle-shuffling lawyer. Josh Saviano, aka Paul Pfeiffer from The Wonder Years, is now a lawyer too (sans the geeky glasses).
Yet another notable child star has moved past the practice of law to enter the classroom, but the law school where he teaches is a long way from the Paradise City….
* “I’ve been a restaurant waitress, a hotel hostess, a car parker, a nurse’s aide, a maid in a motel, a bookkeeper and a researcher.” This SCOTUS wife was well-prepared to give a graduation speech at New England Law. [Huffington Post]
* Sniffling over lost profits is the best way to get a court to take your side. Biglaw firms have asked the Second Circuit to consider reversing a decision in the Coudert Brothers “unfinished business” clawback case. [Legal Intelligencer]
* James Holmes, the alleged Aurora movie theater gunman, is being evicted from his apartment. Guess he didn’t know — or care — that booby-trapping the place with bombs would be against the terms of his lease. [Denver Post]
* The ABA has created a task force to study the future of legal education, and its work is expected to completed in 2014. ::rolleyes:: Oh, good thing they’re not in any kind of a hurry — there’s no need to rush. [ABA Journal]
* Indiana Tech, the little law school that nobody wants could, has hired its first faculty members. Thus far, the school has poached law professors from from West Virginia, Florida A&M, and Northern Illinois. [JD Journal]
* When divorces get weird: is this lawyer’s soon-to-be ex-wife hacking into his law firm email account and planning to publish privileged communications online? Yep, this is in Texas. [Unfair Park / Dallas Observer]
* Breast-feeding porn: yup, that’s a thing, so start Googling. A New Jersey mother is suing an Iowa production company after an instructional video she appeared in was spliced to create pornography. [Boston Globe]
* If someone from your school newspaper asks you for a quote about oral sex, and then you’re quoted in the subsequent article, you’re probably not going to win your invasion of privacy lawsuit. [National Law Journal]
This important question was asked of Judge Stefan R. Underhill of Connecticut, when the women’s volleyball team of Quinnipiac University sued in an effort to stop the school from dissolving the team, alleging Title IX violations. Quinnipiac claimed that it made up the loss of the volleyball team with opportunities in other sports, including more than two dozen positions on the school’s cheerleading team.
But much to the chagrin of cheer moms everywhere (yes, that’s a thing, and soon there will even be a reality TV show about them), Judge Underhill ruled that cheerleading is an activity, and not a sport.
But did you think that cheerleaders — and their university funders — would just give up the fight? Think again, because they pledged to fight, fight, fight with all their might, all the way up to the Second Circuit.
It’s surprising that Watford’s nomination was so contentious, given that he has a number of backers from the right side of the aisle. As noted by the San Francisco Chronicle, “[h]is supporters included conservative UCLA law Professor Eugene Volokh, who has described Watford as brilliant and ideologically moderate, and attorney Jeremy Rosen, former president of the Los Angeles chapter of the conservative Federalist Society” (and a noted appellate lawyer, who has appeared before in these pages).
That’s not all. Watford clerked for Chief Judge Alex Kozinski, one of a handful of prominent conservative or libertarian judges on the (generally liberal) Ninth Circuit. If you look at the ranks of former Kozinski clerks, you’ll see many members in good standing of the vast right-wing conspiracy (and some who are not, like Paul Watford — who went on to clerk for Justice Ruth Bader Ginsburg, and was nominated to the Ninth Circuit by a Democratic president).
Now that the handsome Watford has joined his superhottie boss on the bench, we have a trivia question: Who is the circuit judge with the most former law clerks to join him on the Court of Appeals during his lifetime?
Few things fill a junior associate with more dread than a partner beginning a sentence with the following words: “There must be a case that holds….” Much of the time, there is no such case (especially when the issue concerns some annoying e-discovery dispute that no judge would ever want to write about).
But if a partner says to you, “There must be a case addressing whether an insurance company is liable for accidental death benefits when the decedent accidentally kills himself while engaged in masturbation that involves intentional self-electrocution” — well, now there’s a case that’s on all fours. With an electric cattle prod.
Keep reading, to learn about an ERISA opinion that is very… stimulating….
It is commonplace for settlements to include no binding admission of liability. A settlement is by definition a compromise. We know of no precedent that supports the proposition that a settlement will not be found to be fair, adequate, reasonable, or in the public interest unless liability has been conceded or proved and is embodied in the judgment. We doubt whether it lies within a court’s proper discretion to reject a settlement on the basis that liability has not been conclusively determined.
Having considered the various explanations given by the district court for its refusal to permit the settlement, we conclude that the S.E.C. and Citigroup have a strong likelihood of success in their joint effort to overturn the district court’s ruling.
Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual.
* “Based on history, it’s tough to make the case that there should be mandatory protection [for Supreme Court justices].” That may be so, but the fact that Justice Stephen Breyer was robbed by machete point should at least make the case for SCOTUS sword fighting lessons. [New York Times]
* And speaking of the Supreme Court, this week the justices will hear arguments over the constitutionality of the Stolen Valor Act, which criminalizes lies about military service. Unfortunately, this means you will all have to wait to hear about the time Lat and I fought through 25 Taliban sharpshooters with only our pocket knives in order to save an entire orphanage from certain annihilation. [Fox News]
* Two female students at the University of Oregon School of Law accused a male student of drugging and raping them. How did the student body respond? A listserv flame war, of course. [Portland Oregonian]
* Attorneys representing survivors in the Costa Concordia crash claim that traces of cocaine were found in the hair of the ship’s captain. I’m not sure how, but this needs to be the basis for a Head and Shoulders commercial. [Philadelphia Inquirer]
* In trying to resolve the Texas redistricting problem, the Supreme Court has come to a realization: everything really is bigger in that state, including its congressional delegation. [Los Angeles Times]
* Talk about a crappy ROI. Alison Fournier, a former i-banker, is Gloria Allred’s latest litigant. She claims that a drunken pervert groped her abroad thanks to Starwood’s lax hotel security. [Reuters]
* Like a virgin, detained for the very first time: thanks to this court order, Egypt will be forced to come out of the dark ages and ban virginity tests for female detainees and military prisoners. [CNN]
* Oh, hell no. Judge Jed Rakoff issued an order 78 seconds after the Second Circuit decided to delay the SEC’s Citigroup case. His pimp hand is strong (which is impressive!). [WSJ Law Blog]
* As an attorney, you should know that the law stops for no one, not even Santa Claus. Major deals in Asian markets kept many Biglawyers working hard this holiday season. [Am Law Daily]
* Social media subpoena fail: “Haha. Boston PD submitted to Twitter for my information. Lololol? For what? Posting info pulled from public domains? #comeatmebro” [Boston Herald]
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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 six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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