* When it comes to all of the same-sex marriage cases that are currently before the Sixth Circuit, the deciding vote could be cast by Judge Jeffrey Sutton, a Republican appointee. [National Law Journal]
* Weil Gotshal snagged a partner from right under one of its largest competitor’s noses. Ray Schrock, formerly of Kirkland & Ellis, may someday co-chair Weil’s restructuring group. [WSJ Law Blog]
* “I got the reward that most volunteers get — which is I ended up having to read many, many hundreds of pages.” This Ogletree Deakins partner figured out how to undo Obamacare in his spare time, and all he got were these lousy bifocals. [Greenville News]
* On-campus interviewing season is almost upon us, so we’re going to give you all of the tips you can stomach. Here are a few more ways that you can hit all of your interviews out of the park. [The Careerist]
* Albany Law and the University at Albany are shockingly not already affiliated with each other, but they’re exploring an “operational alliance.” Will that mean fewer faculty buyouts, or…? [Albany Business Review]
n Automated Solutions Corp. v. Paragon Data Systems, 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014), the United States Court of Appeals for the Sixth Circuit provided a close examination of the standards required for the imposition of severe sanctions for failing to preserve evidence. The case involved a dispute between two software companies over the development of software code. Essentially, the plaintiff Automated Solutions (“Automated”) accused Paragon Data Systems (“Paragon”) of utilizing Automated’s code to develop a competing software program. Automated filed a motion for sanctions seeking a default judgment against Paragon for Paragon’s failure to preserve a server and two hard drives utilized in the development of the competing software as well as computer backup tapes. The district court concluded that Paragon was negligent in failing to preserve the materials, but that there was no evidence indicating that Paragon acted with any willful or malicious behavior. Instead of imposing sanctions, the court indicated that it would consider the issuance of an adverse inference instruction against Paragon at trial. After Paragon prevailed on summary judgment, Automated appealed to the Sixth Circuit.
* Law firm mergers are on a record-setting pace, with 39 thus far in 2014. Just one “megamerger” was announced in the second quarter (Patton Boggs / Squire Sanders), but hey, we still have half the year ahead of us. [Am Law Daily]
* The doctors who spent the month of June evaluating Oscar Pistorius’s mental health found that he was depressed and posed a potential suicide risk. You’d feel the same if you were facing jail time. [CNN]
* Walgreens will give $180,000 to an ex-employee with diabetes as a settlement after the store fired her for eating a $1.39 bag of chips before paying to fend off a low blood sugar attack. [San Francisco Chronicle]
* Lindsay Lohan is suing Rockstar Games over an alleged character likeness in Grand Theft Auto V. To be fair, the character does kind of look like LiLo circa her “Mean Girls” days. [International Business Times]
* Judges with daughters are seven percent more likely to support women’s rights than judges with only sons. Alas, Justices Scalia and Alito are impervious to human emotion. [New York Times]
* If you thought Supreme Court justices were “profoundly divided” over issues of law, wait until you see how they differ over the pronunciation of the word “certiorari.” [National Law Journal]
* This year’s summer associate programs sound pretty lame compared to the past: “The emphasis is certainly more on the work than it is on the social events.” All work and no play makes Jack an employed boy at graduation. [Boston Business Journal]
* “I saved the internet today. Your freedom continues.” Fair assessment. Sarah Jones’s win in her defamation case against Nik Richie and TheDirty.com was overturned by the Sixth Circuit. [Courier-Journal]
* This cowgirl is putting aside her rodeo accomplishments to go to law school. At least she’ll have the experience needed to ride the bucking bronco of the post-recession job market. [Casper Star-Tribune]
The issue here is really narrow, it’s about whether or not TheDirty.com is entitled to immunity under the [Communications Decency Act]. [Nik] Richie reviews all the posts. He’s said he’s looking specifically for things that will cause a rise. He wants to put dirt out on the Internet about private people.
Several years back, the Washington Post uncovered multiple instances of federal judges committing basic ethical breaches related to ruling on cases despite holding significant financial stakes in one party. It was an embarrassing black eye for the federal judiciary and the legal system altogether. It forced the bench to develop a comprehensive financial reporting system and an automated computer check to avoid any further ethical lapses. Sounded reasonable at the time.
Well, it turns out the computer system doesn’t work.
Or at least it doesn’t work as well as anyone would have hoped. The Center for Public Integrity (CPI) just released a report this morning reflecting their efforts to manually review a sampling of federal court decisions and cross-check those with financial disclosure forms. The report found multiple lapses. The most egregious involved a judge with as much as $100,000 in Johnson & Johnson when he ruled in their favor on an appeal regarding a malfunctioning implant.
But by and large the legal world’s responses to these findings vary from tone-deaf to downright hypocritical….
* Corporette tackles the thorny question of what to do with your email when you leave a firm. Personally, I used my email to offer my firm’s services to a whole panoply of Nigerian princes on my way out the door, but her advice is good too. [Corporette]
* Cursing out someone in court in a foreign language will not protect you from criminal contempt. Well, my investment in Rosetta Stone Romanian just went down the drain. [Southern District of Florida Blog]
* Requiring wild animals to be microchipped is not a regulatory taking. Besides, as I read this NSA stuff, it seems like we should be more concerned about humans being microchipped than some Ocelot (named Babou, obviously). [IT-Lex]
* This is just awful. There’s no joke here. Well, there is, but I’m not going to make it. [Fox News]
* A little late, but this is a fun April Fools’ Day riff on Biglaw expansion efforts. I’m not saying they’re making fun of DLA Piper, but they’re totally making fun of DLA Piper. [Green Patent Blog]
* If you’re looking for a public records request to make of the City of Philadelphia, try getting every document surrounding the decision to go after unpaid labor at the expense of giving paying work to lawyers. Screenshot here in case they get wise to the bad publicity. [Philadelphia Bar Association]
* Kent Zimmerman discusses how some law firms are finding growth in the challenging market. Check it out after the jump…. [Mimesis]
* Justice Antonin Scalia isn’t quite ready to publicly weigh in on whether computer data is considered a protected “effect” under the Fourth Amendment. “[T]hat may well come up [before the Supreme Court],” he says. Thanks NSA. [Business Insider]
* “[I]t doesn’t take many bad apples in a barrel to cause a stink.” No matter how hard Biglaw firms try to keep their confidential information locked down, someone’s going trade on it. It looks like STB is learning that the hard way. [Wall Street Journal (sub. req.)]
* The day after Michigan’s ban on same-sex marriage was struck down by Judge Bernard Friedman, couples who rushed to marry were met with some serious Sixth Circuit sadness. Way to stay and spoil all of the celebrations, judges. [New York Times]
* “We’re not the Cleveland Browns,” says one of Case Western Law’s interim co-deans. With that kind of a glowing endorsement, we don’t see how this law school could possibly fail. [Crain's Cleveland Business]
* Rutgers Law-Newark has a new low-bono fellowship program “believed to be the first of its kind in the nation.” Some other law schools might have a bone to pick about that statement. [New Jersey Star-Ledger]
For a while, interest in the Dewey drama seemed to be flagging (at least according to our traffic statistics). But lately it has revived, thanks to the recent criminal charges against the firm’s former leaders, plus the arrival on the scene of Zachary Warren — a total Dewey & LaBoeuf-Cake.
Interest in Zach Warren has been keen — and not just because of his good looks. His tale seems to resonate with Above the Law readers because, as Matt Kaiser recently noted, “he seems like one of us.” Although Above the Law’s readership is expanding, with more than a million unique visitors a month, it’s still fair to say that a young lawyer, recently graduated from a top law school, is within ATL’s demographic sweet spot.
Over the past few days, we’ve learned more about Zachary Warren. Dewey want to share this knowledge with you? Of course we do….
Last week brought some good news for Georgetown University Law Center. In the latest U.S. News law school rankings, GULC moved up one spot to tie at #13 with Cornell. Go Hoyas!
Alas, over the past year the news has been less happy for some individual GULC students and graduates. About a year ago, former student Marc Gersen got sentenced to four years for meth dealing. Earlier this year, alumnus Stephen Glass got rejected for California bar admission, due to his notorious past as a dishonest journalist.
In recent weeks, a very accomplished (and handsome) GULC graduate, currently clerking for a federal appeals court judge, got indicted in connection with the collapse of Dewey & LeBoeuf. What Dewey know about Zachary Warren?
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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: firstname.lastname@example.org.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.