When he benchslaps prominent Biglaw partners or government lawyers fighting marriage equality, he’s not trying to be funny. He’s just trying to understand the facts of a case or get to the bottom of the legal arguments — and he’s, well, maybe not as diplomatic as some other judges in going about his business.
Let’s check out the latest argument where Judge Posner snarked on hapless counsel….
* A unanimous Seventh Circuit panel, in an opinion by Judge Posner, just struck down Wisconsin and Indiana’s bans on same-sex marriage. The result isn’t surprising in light of the blistering benchslaps delivered by Judge Posner at oral argument, but the timing is faster than usual (for a federal appellate opinion in a high-profile case, not for the prolific Posner). [BuzzFeed]
* Bad news for Cahill Gordon: the Third Circuit just revived a fraud case against the high-powered firm and one of its clients, a unit of BASF. [WSJ Law Blog]
* And badder news for BP: a federal judge just concluded that the oil giant was grossly negligent in connection with the 2010 Gulf of Mexico oil spill. [New York Times]
* Freshfields gets fresh talent, adding former Wachtell partner Mitchell Presser and former Skadden partner James Douglas to its ranks. [American Lawyer]
* The dean of Seton Hall Law, Patrick Hobbs, will step down from the deanship at the end of the current academic year. Congratulations to Dean Hobbs on a long and successful tenure. [South Orange Juice]
* And congratulations to John Grisham and Jason Bailey, winners of, respectively, the 2014 Harper Lee Prize for Legal Fiction and the 2014 ABA Journal/Ross Short Fiction Contest. [ABA Journal]
* Brittany McGrath, Brooklyn Law class of 2014, RIP. [TaxProf Blog]
As we mentioned in Morning Docket and on Twitter, yesterday’s Seventh Circuit arguments weren’t fun for the defenders of Wisconsin and Indiana’s same-sex marriage bans. The three judges, especially Judge Richard Posner, were tough — very tough.
Chris Geidner of BuzzFeed, a leading chronicler of marriage-equality litigation, described the proceedings as “the most lopsided arguments over marriage bans at a federal appeals court this year.” Ian Millhiser of ThinkProgress called it “a bloodbath.”
That’s no exaggeration. Let’s check out the specifics….
* Judge Posner dished out a whole lot of benchslaps at yesterday’s Seventh Circuit arguments over Indiana and Wisconsin’s bans on same-sex marriage. [BuzzFeed]
* Major U.S. and Canadian law firms chow down on Burger King’s whopper of a deal with Tim Hortons. [Am Law Daily]
* A recent Delaware court ruling on attorney-client privilege might allow in-house lawyers to speak more freely about wrongdoing at their companies, according to Professor Steven Davidoff Solomon. [DealBook / New York Times]
* The corruption trial of former Virginia governor continues; yesterday Bob McDonnell’s sister took the stand. [Washington Post]
* A favorable evidentiary ruling for Aaron Hernandez. [Fox Sports]
* And good news for Zephyr Teachout and Tim Wu, the two law professors running for governor and lieutenant governor of New York: the Times dissed their opponent, Andrew Cuomo, with a non-endorsement. [New York Times]
* I recently spoke with one of my cousins Joao Atienza of the Cebu Sun Star, about Above the Law and the world of legal blogging. [Cebu Sun Star]
If you guessed “shadowy intelligence services,” you’re right. Congratulations! ATL would like to send you your prize! You win ███████. Remember to ask for it by name.
Opinions get redacted or sealed all the time, but the latest from the Seventh Circuit is a doozy….
Please convey my congratulations to Bryan Garner on inventing a new form of arbitration. Two parties have a dispute; one appoints an arbitrator to resolve the dispute; the other disputant is not consulted. How beautifully that simplifies arbitration! No need for the parties to agree on an arbitrator, or for the American Arbitration Association to list possible arbitrators and the disputants cross out the ones they don’t like.
Here’s a sentence from a recent Seventh Circuit opinion:
[T]his case shows every sign of being an overzealous prosecution for a technical violation of a criminal regulatory statute — the kind of rigid and severe exercise of law-enforcement discretion that would make Inspector Javert proud.
This was a sentence from the dissent.
Amazingly, though, the majority voted to reverse the conviction. Judge Sykes, who authored the dissent, would have affirmed the conviction — though, presumably, not because she thinks a Javert-like prosecution is a model that the Department of Justice ought to aspire to.
When I was a lawyer, I often fantasized about being in a non-fatal traffic accident to get out of work. Not “faking” a non-fatal accident, but actually allowing myself to be struck by a moving vehicle.
I didn’t like my job. But I’m no liar. I’m not like this guy who pretended he was too sick to go to work when he was really just unprepared…
The defendants’ appeal brief is a gaunt, pathetic document (there is no reply brief). Minus formal matter, it is only eight and a half pages long. Brevity is the soul of wit, and all that, but still: the first seven and a half pages are simply a recitation of the history of the Georgia lawsuit, the settlement negotiations, and the present suit, along with questionable and irrelevant facts; and the tiny argument section of the brief — 118 words, including citations — states merely, without detail or elaboration, that the defendants do not possess the settlement funds and therefore can’t restore them.
Above the Law has launched a brand new eDiscovery Resource Center in partnership with Recommind. Stay on top of the ever-changing eDiscovery and predictive coding landscape with our practical tips, insightful white papers, and webinars.
The past few months have been a blur as I have traveled the country visiting law firms. With summer winding down (as well as ILTA14 now in the rearview mirror), it seemed like a good time to see what lessons could be distilled from firms that are having real success in discovery practice.
1. Focus on finding what matters
Despite all of the articles lamenting the rapid growth in data volumes, litigation is still won and lost with a handful of witnesses and a few dozen documents. Regarding this issue, the head of litigation for an AmLaw 50 firm shared with me that for him litigation was still about the binder of documents he was glad he had found and the binder of documents he wished he hadn’t found. Discovery solutions, he explained, that didn’t address those needs were missing the mark. Given the strength of this lesson, I incorporated it into my discussions with other lawyers over the past few months and found that it resonated with litigators, especially those who practice outside of the eDiscovery bubble (in other words 99% of the litigators I interact with on a routine basis).
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for Asia focused projects and client meetings for the next 4 weeks, through December 15. Feel free to reach out to him at Evan@Kinneyrecruiting.com if you would like to schedule a meeting, to discuss the market and your career. Starting in January, Evan will be mostly splitting time between New York and Hong Kong.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The “New Normal” is no longer new. On Thursday, November 20th, from 6 to 9 p.m., join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, JPMorgan Chase & Co. assistant general counsel Jason Shaffer, and Joe Borstein of Pangea3 for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model.
Please sign up below to RSVP. We look forward to seeing you there.