Stephen DiCarmine

Morning Docket

Morning Docket: 12.08.15

* My, but how quickly things change! Manhattan prosecutors might not be retrying the D&L criminal case after all. Instead, they've offered all of the remaining defendants plea deals. Dewey know if any of the former execs of this failed firm will take a deal? [WSJ Law Blog] * In case you're wondering what's going to happen to Zachary Warren after all of this, it looks like Cyrus Vance found it in the goodness of his heart to offer the would-be Biglaw associate a plea deal: he'll have to plead guilty to a misdemeanor to get 200 hours of community service. [DealBook / New York Times] * Law students, get ready to lobby even harder for this, because a proposal to do away with the American Bar Association's ban on law students receiving academic credit for paid externships is moving forward to a notice and comment period. [ABA Journal] * If you're preparing for a law school interview, you should stop freaking out about it and focus on the things that matter -- like showing off your social skills to prove you'll be employable in some way after graduation. [Law Admissions Lowdown / U.S. News] * After having a culpable homicide conviction for which he already served time overturned and turned into a murder conviction instead, Paralympic athlete Oscar Pistorius was granted $688 bail since he's not considered a "flight risk." [NBC News]

By Staci Zaretsky
Morning Docket

Morning Docket: 10.21.15

* Arizona Summit Law wasn't the only law school to post an embarrassing passage rate on the July 2015 administration of the bar exam. Only 28 percent of test-takers from this law school passed, but its dean says that the scores don't "reflect a problem with the school's quality." Hey, whatever helps you get to sleep at night. [Tennessean] * Speaking of bar passage rates, if you're applying to law school, should you care about them? Job statistics are probably a more telling measurement when comparing schools, but then again, it's harder to get a job when you can't pass the bar exam. [U.S. News] * “It’s a huge blow to his tenure as DA." The mistrial in the criminal case against Dewey & LeBoeuf's former executives is putting a major damper on what was supposed to be Manhattan DA Cy Vance's crackdown on corporate crime. [Big Law Business / Bloomberg] * Thanks to the Department of Education's "gainful employment rule," for-profit law schools could be in trouble when it comes to eligibility for federal student loans under the "debt-to-earnings" test. This certainly may put a crimp in Infilaw's style. [Huffington Post] * The vast majority of all class members in the Subway "footlong" lawsuit aren't likely to see a dime. This is fine because they don't need to see any "dough," but a guarantee that the company's next spokesperson won't be a child predator would be nice. [WSJ Law Blog]

By Staci Zaretsky
Morning Docket

Morning Docket: 10.19.15

* After a recent vote, the Florida Bar flat-out rejected a supposedly "controversial" proposal for bar reciprocity. Attorneys in the Sunshine State absolutely, positively do NOT want you practicing law there if you haven't taken the Florida bar. [WSJ Law Blog] * Tomorrow, Oscar Pistorius will be released from prison after having only served a fifth of a five-year sentence for killing his girlfriend, a law school graduate. He'll begin a stint of house arrest, and he's not allowed to have guns there... for very obvious reasons. [UPI] * The case of the missing mistrial? After four weeks of deliberation, and after having acquitted the defendants of a slew of lesser charges, the jury in the criminal trial against the ex-execs of Dewey & LeBoeuf will enter a new month without a full verdict. [Reuters] * The Nebraska Legislature voted to abolish the death penalty in the state, but supporters of capital punishment have forced a November 2016 referendum vote instead. Not to worry, "[n]obody’s going to be executed in Nebraska anytime soon.” [New York Times] * This week, Connecticut's Appellate Court will hear cases at the state's most famous -- and most prestigious -- law school. Don't get too excited, Yalies, because this has nothing to do with you. In fact, you've probably never even heard of this place. [Associated Press]

By Staci Zaretsky
Morning Docket

Morning Docket: 10.07.15

* Dewey know what Justice Robert Stolz will do now that the jury has declared itself deadlocked on most charges? Tune in later today. [American Lawyer] * A case brought by law student turned privacy activist Max Schrems has triggered a European court ruling that Facebook won't "like." [How Appealing] * King & Spalding associate Ethan Davis talks about how he prepared for his argument yesterday before the U.S. Supreme Court. [National Law Journal] * Thanks to sentencing reform, the Justice Department will release about 6,000 inmates from prison starting later this month. [New York Times] * Speaking of the DOJ, BP will settle Deepwater Horizon oil spill claims with the feds for a whopping $20 billion. [ABA Journal] * Elsewhere in news of embattled companies, Volkswagen is turning to Mayer Brown for help in dealing with the emissions scandal that stinks to high heaven. [American Lawyer] * 50 Cent's malpractice suit against his ex-lawyers seeks 7.5 billion cents. [Law360] * When legal recruiters sue each other, things can get ugly -- fast. [American Lawyer]

By David Lat
Morning Docket

Morning Docket: 10.01.15

* Vatican officials confirmed -- or rather, didn't deny -- that Pope Francis did, in fact, have a secret meeting with infamous Kentucky clerk Kim Davis. Hmm, apparently all it takes is denying people their newfound civil rights to get an audience with the Pope. [WSJ Law Blog] * The ABA Accreditation Committee will recommend that the ABA approve the merger between Hamline and William Mitchell. The merger byproduct could be operational in 2016 if all goes well. Is this something we should be excited about? [Hamline University] * On the ninth day of deliberations in the criminal trial of Dewey & LeBoeuf's former executives, jurors were still unable to come to a consensus, and one juror mentioned she'd have to leave early on October 9. Oy vey! Dewey think this jury is hung? [Am Law Daily] * Oklahoma Governor Mary Fallin stayed the execution of Richard Glossip -- you may recognize his name from his recent unsuccessful Supreme Court case -- because the drugs the Corrections Department received didn't match protocol. Figures. [Associated Press] * "We are heartened the district attorney has agreed that even a misdemeanor charge would be inappropriate." Prosecutors will not be charging Caitlyn Jenner with vehicular manslaughter in the fatal car crash she was involved in earlier this year. [USA Today]

By Staci Zaretsky
Morning Docket

Morning Docket: 09.30.15

* Paul Walker's daughter, 16-year-old Meadow Walker, filed a wrongful death suit against Porsche, alleging the automaker was negligent and strictly liable because the car her father died in had several design defects, namely that it was too fast, too furious. [CNN] * The jury on the Dewey & LeBoeuf criminal trial is having a really difficult time this week. Yesterday, on the eighth day of deliberations, jury members asked for the definition of the word "deliberation" and clarification on what their jobs were as jurors. [Am Law Daily] * If you'd like to know why Hughes Hubbard likely conducted layoffs last week, then look no further than the commentary of this City Private Bank Law Firm Group analyst. Times have officially changed for litigators at large law firms. [Big Law Business / Bloomberg] * In news that no one should find particularly shocking, Albany Law School has announced an affiliation with the University at Albany. Both schools are struggling with enrollment and hungry for cash, so it's a match made in heaven. [Albany Times Union] * “There are 35,000 museums in the U.S. ... [b]ut the great legal profession hasn’t gotten around to establishing one.” Spoke too soon: Say hello to the American Museum of Tort Law, Ralph Nader's house of personal injury horrors. [Wall Street Journal (sub. req.)]

By Staci Zaretsky
Morning Docket

Morning Docket: 09.29.15

* PETA's general counsel swears his organization isn't monkeying around when it comes to asserting the IP rights of Naruto the selfie-taking monkey, but he may have to deal with a jungle of jurisdictional issues first. [Motherboard / VICE] * Mmmm, Dewey smell a mistrial? On the eighth day of deliberations in the criminal trial of D&L's former leaders, the jurors likely made defense counsels' hearts skip a beat when they asked the judge for instructions on what to do concerning their undecided colleagues. [WSJ Law Blog] * Chief Justice John Roberts, who has voted conservatively in 85 percent of the Supreme Court's most divisive 5-4 decisions, apparently isn't conservative enough for our conservatives. It's the damn Affordable Care Act. Thanks, Obama. [New York Times] * According to the latest Acritas Global Elite Law Firm Brand Index 2015, for the sixth year running, Baker & McKenzie has the most recognizable Biglaw brand in the world. DLA Piper will continue to "churn [those] bill[s], baby!" in second place. [PR Web] * Take the deal: Ex-House Speaker Dennis Hastert, who's accused of hiding large sums used as hush money to conceal his prior sexual misconduct, is negotiating a plea deal with prosecutors. If he were convicted at trial, he'd face up to 10 years in prison. [Reuters]

By Staci Zaretsky
Morning Docket

Morning Docket: 09.28.15

* Jurors in the criminal trial for former leaders of Dewey & LeBoeuf have reviewed evidence for a full week already, and will return to court today for their eighth day of deliberations. At least the defendants will be able to keep killing time on Candy Crush. [WSJ Law Blog] * A federal judge denied the UFC's motion to dismiss an antitrust lawsuit that was filed against it by current and former fighters over the organization's monopolization of the MMA industry. It's time to bring in an armbar submission artist to stop the UFC for good. [ESPN] * "I don't want to leave my successor a dirty barn." Hot on the heels of his surprise resignation, House Speaker John Boehner has vowed to avoid a government shutdown and pass some legislation before his time is up. Well, it's good to have goals. [Reuters] * Volkswagen can expect nothing less than a "tsunami" of lawsuits and legal proceedings thanks to its emissions scandal. On the bright side, Kirkland & Ellis is going to be able to reap the rewards of thousands of billable hours. [Chicago Tribune; Automotive News] * TV staffers who worked on "The Following" and "The Blacklist" filed suit against production companies Warner Brothers, NBC, and Sony, alleging they were forced to work 24 hours straight -- and pee in bottles -- without being paid overtime. [New York Post]

By Staci Zaretsky
Morning Docket

Morning Docket: 09.25.15

* Why are so many law grads failing the bar exam? Law profs, a law dean, and a Biglaw recruiting specialist all have answers to this question... and only some of them come close to being satisfactory. [Room for Debate / New York Times] * Jurors in the Dewey & LeBoeuf trial have deliberated for five days thus far, and seem to be no closer to coming to a verdict than when they first started. They're quibbling over thesaurus entries for the word "fake" (i.e., "fake income"). [Am Law Daily] * Thanks to the OnRamp Fellowship, more women lawyers are making a reentry into the legal profession through Biglaw firms than ever before. Participating firms now include Skadden Arps and MoFo, amongst others. Congrats! [Big Law Business / Bloomberg BNA] * Law school enrollment may be stagnant across the country, but at Colorado Law, it's booming. The size of the school's incoming class is 22 percent larger than last year's was. What can we say other than students were sTOKEd to get in. [Boulder Daily Camera] * If you're ever fired from your job, charged with insider trading, and the SEC wants access to your work phone, take heart in the fact that your personal passcode is just that -- personal. The SEC can't treat it as a business record thanks to this ruling. [WSJ Law Blog] * Richard Cudahy Sr., longtime Seventh Circuit judge, RIP. [Milwaukee Journal Sentinel]

By Staci Zaretsky
Morning Docket

Morning Docket: 09.22.15

* In case you missed it, on top of her perjury and obstruction charges, Pennsylvania AG Kathleen Kane's license to practice law was suspended. As a law professor attempting to make a sick burn noted, “She may be at this point our paralegal general." [WSJ Law Blog] * Tracy Morgan made an appearance at The Emmys on Sunday night that earned him a standing ovation, but David Jay Glassman, the attorney representing the Walmart truck driver who hit the comedian's car last summer, wasn't applauding. Hmm, perhaps his wife suddenly got pregnant? [The Wrap via Yahoo!] * If the former leaders of failed firm D&L are convicted this week, we seriously hope that they're not so disillusioned as to believe they'll be shipped to a "Club Fed" facility. How long Dewey think these Biglaw alums will last at a place like Rikers? [Am Law Daily] * New Biglaw associates at some firms are being treated to a second college experience filled with orientation programs, resident advisers, summer reading, and even parties. (At least they get to drink champagne, not Franzia.) [Big Law Business / Bloomberg BNA] * The president of UMass says its law school will be fully accredited by the American Bar Association within one year's time. Given that everyone gets a turn when it comes to ABA accreditation, this is one low-expectation-having educator. [Boston Business Journal]

By Staci Zaretsky