Ed. note: Apologies for the technical difficulties that have prevented us from posting until now. Thanks for your patience!
* Attention prospective law school applicants: affirmative action, at least as we currently know it, may not be long for this world. A decision in the Fisher v. University of Texas case is expected as early as this week. Stay tuned. [Reuters]
* Justice Stephen Breyer had to get shoulder replacement surgery after having yet another bike accident (his third, actually). Please — somebody, anybody — get this man some training wheels. Justice is at stake! [New York Times]
* “We’re not going to take it, goodbye.” That’s what retired Justice Sandra Day O’Connor wishes the high court would have said when it came to the controversial Bush v. Gore case. [Chicago Tribune]
* Thanks to the sequester, the Boston bombings case may turn into a “David and Goliath” situation. Sorry, Dzhokhar, but your defense team may be subject to 15 days of furlough. [National Law Journal]
* George Gallantz, the “founding father” of Proskauer’s sports law practice, RIP. [New York Law Journal]
* Leo Branton Jr., the defense attorney at the helm of the Angela Davis trial, RIP. [New York Times]
* Ashley Pearson is a second-year associate at O’Melveny and has figured out what we already knew: being an associate is the worst thing ever. She’s entered a contest to ditch Biglaw and become a lifestyle photographer in Australia. To help out our colleague, be sure to “like” her FB fan page! [BestJobs Australia]
* Michael Silver thinks Jadeveon Clowney should lawyer up and challenge the NFL in court. If he’s anywhere near as terrifying in the courtroom as he was in the Outback Bowl, the NFL will be screwed. [Yahoo! Sports]
* Paul Caron has a solution to the sequester problem that just might work… [TaxProf Blog]
Sequestration has government lawyers going on mandatory furloughs and facing ethical dilemmas. But the federal bench has cause to bust out the bubbly.
On Monday, the Supreme Court took a pass on an appeal from the Federal Circuit that ordered the government to pay cost-of-living adjustments to six federal judges that the feds routinely stiffed over the last 20 years or so.
Sure, right now this only applies to the six judges who sued, but it’s only a matter of time before a huge swath of the federal judiciary takes the government to court.
* Why are people so stupid? Legal threat based on the name of a blog. Not the actual content, just the name. In a related note, we’d like to let everyone know that if we write about you, you are not, in fact, “above the law.” [Popehat]
* This is curious. Convicted of stealing $1 million dollars and walking away without jail time. And no written opinion to explain it. Moral of the story? Commit your crimes in Judge Carney’s court. [Navelgazing / OC Weekly]
* You’ve got to move fast if you want to take the profit off a disaster. Best part? A tipster says the explosion pictured isn’t even of the fertilizer plant explosion. [Baron & Budd]
* Obama is forfeiting $20,000 in solidarity with sequester victims. An excellent opportunity for right-wing hacks to complain about his vacations, as though Secret Service protection is supposed to be free. [Washington Examiner]
* Ken Cuccinelli is running for governor in a state that voted for Obama twice. So, obviously, he’s making a public show of his fight to reinstate a law used to harass gay people. [Washington Blade]
* Conrad Black, the media mogul who served three years in the federal pen, sits for an interview with California Lawyer magazine. Check it out (and earn California CLE credit). [California Lawyer]
‘This sequester thing is going great’ — said no one outside of Washington.
Yesterday, we talked about how an austerity budget in Detroit has led to a broken justice system in Detroit. In fairness, nobody much cares about that story because, well, it’s Detroit and f**k ‘em.
But I wonder if people will care when Detroit’s style of “we can’t afford this” justice comes to a courthouse near you.
While it looks like lawmakers will come to a compromise that will avoid a government shut down (for another couple of months), it looks like that deal will keep the sequester in place.
The sequester, of course, was designed to be a TERRIBLE IDEA that has a serious deleterious impact on our country. But I guess since the sequester didn’t stop anybody from watching fat people diving into swimming pools, Congress isn’t really motivated to do anything about it.
* The Senate approved a bill that will keep the government running through September, and it will likely pass in the House, but much of the sequester is still in place. I think we’re supposed to be excited about this. Uh… yay? [Wall Street Journal (sub. req.)]
* Sorry, folks, but you’re going to have to continue taking the LSAT in order to get into law school because the ABA says so. Drop that $118 into the burgeoning money pit that is law school, stat! [National Law Journal]
* You must remember that time when the University of Texas Law School Foundation authorized $5.5M in forgivable loans to faculty. Well, now the regents are calling for a probe. Yikes! [San Antonio Express-News]
Before the series of arbitrary budget cuts known as the “sequester” dropped, I made a few predictions for how this fiscal debacle would affect the legal profession. Now, a few weeks into this policy, we have a couple of real life impacts to talk about.
First, if you’re a lawyer for a government agency, surprise! You may not be able to ethically defend your agency against furlough appeals.
Second, some administrative law judges have been grounded. In the context of the Labor Department claims, that means claimants are having their trials undermined if not outright halted by the sequester….
* “We are a teaching institution. We teach by not having television. We are judged by what we write.” Justices Kennedy and Breyer aren’t ready for their close-ups — they’re adamantly opposed to cameras in the courtroom. [Blog of Legal Times]
* Another thing Justices Kennedy and Breyer are adamantly opposed to is the sequester. They say that these unnecessary budget cuts will hit the criminal justice system where it hurts: its already overflowing docket. [WSJ Law Blog (sub. req.)]
* A liberal film critic took a shot at Justice Clarence Thomas by likening him to Samuel L. Jackson’s portrayal of the head house slave in Django Unchained. Methinks this is a RACEIST™ comparison, n’est–ce pas? [Reason Magazine]
* Reed Smith has a new managing partner, Edward Estrada, who plans to “aggressively recruit laterals.” No relation to Erik Estrada, but if he gets a pair of those cool sunglasses, we approve. [New York Law Journal]
* A better deal was reached in the BAR/BRI antitrust case. Say goodbye to the coupons, and hello to $9.5 million in cold hard cash… which means you’re going to get like $80 if you’re lucky. [National Law Journal]
* “This is a very disgusting case.” Why yes, yes it is. A mother is suing because she claims her son ate a used condom off the floor of a McDonald’s play area. It’s doubtful that she approved of the special sauce. [Reuters]
* The Supreme Court will be hearing oral arguments today on a challenge to the Voting Rights Act. If for some reason you’re not sure why you should care about this, here’s everything you need to know to sound intelligent at the water cooler. [New York Times]
* If the sequester goes into effect this Friday, Attorney General Eric Holder warns that we’re probably going to see “profound” effects across the entire justice system. America, f**k yeah! Coming again to save the motherf**kin’ day, yeah! [National Law Journal]
* It looks like the tiny and terrifying Mary Jo White is currently on the Congressional pageant trail ahead of her March confirmation hearing for SEC leadership, and now she’s even vowed never to return to Debevoise & Plimpton. [DealBook / New York Times]
* A coup for Cadwalader and a casualty for Cravath: Jim Woolery chose another firm over his former home of 17 years, and it may have something to do with the Biglaw bonus market leader’s “sometimes antiquated” regime. [Am Law Daily]
* “There are many more fish chasing the same business,” but that’s not stopping new white-collar boutiques from trying to compete for business in what some say is an overly crowded market. [New York Law Journal]
* Louis Oberdorfer, district judge of the D.D.C. and former SCOTUS clerk, RIP. [Blog of Legal Times]
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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