Steven Donziger

Winner of our 2013 Halloween costume contest.

Winner of our 2013 Halloween costume contest.

* Thanks to Wonkette for pointing out that we were on this whole Ruth Baby Ginsburg thing last year. [Wonkette]

* Speaking of our legally themed Halloween costume contest, please send us your nominations. [Above the Law]

* Salacious allegations about a high-flying investment banker invite comparisons to The Wolf of Wall Street. [Dealbreaker]

* The Second Circuit puts a stop to a legal challenge to the stop-and-frisk settlement. [How Appealing]

* You’d expect a former lawmaker to have a better understanding of… the law. [Lexington Herald-Leader]

* The Wall Street Journal reviews Paul Barrett’s new book (affiliate link) about the never-ending Chevron/Ecuador litigation. [Wall Street Journal]

* Speaking of the Chevron/Ecuador matter, here’s more about the Canadian Bar Association’s controversial involvement, which Canada columnist Steve Dykstra covered earlier. [rabble.ca]

* Some thoughts from Jonathan Mermin on something lawyers see every day: bad arguments. [Green Bag]

* Here’s a great new resource for our fellow aficionados of appellate arguments. [Free Law Project]

The Canadian Bar Association (CBA) is the prime industry group for Canadian lawyers coast to coast. In essence the CBA is an advocacy group that also provides its members with continuing legal education and networking opportunities. It has 37,000 members, so it speaks for a lot of Canadian lawyers.

Let’s move half a world south to the Lago Agrio region of Ecuador. An energy giant, Chevron, apparently caused a bit of nuisance there. The indigenous villagers in the region sued Texaco (which Chevron subsequently purchased) for causing extensive pollution and won a local judgement for $9.51 billion. I haven’t taken a trip to Lago Agrio, but I suspect from the size of the judgement we aren’t talking about a few puffs of black smoke.

The plaintiffs are now chasing Chevron’s assets all over the world, including Ontario. Chevron hath protested with vehemence that its Ontario assets should not be at risk. The Ontario Court of Appeal ruled last year that the Ecuadorian plaintiffs “deserve to have the recognition and enforcement of the Ecuadorian judgment heard on the merits” in Ontario. Thus, the C.A. has at least opened the door for the plaintiffs to realize on Chevron’s Ontario property in satisfaction of the multi-billion dollar judgement. Here’s the shocker: Chevron has appealed to the Supreme Court of Canada.

This is where the CBA comes in….

double red triangle arrows Continue reading “The View From Up North: Has The CBA Crossed The Line?”

Insider trading tastes delicious!

* Politics and Biglaw just don’t mix: House Republicans hired Quinn Emanuel to handle their suit against President Barack Obama after Baker Hostetler withdrew from the representation due to “political pressure” the firm was facing. [Politico]

* The paper and napkin-eating “Middleman” in the post-it note insider trading ring pleaded guilty to securities fraud charges. This might make it difficult for his cohorts to substantiate their not-guilty pleas. [DealBook / New York Times]

* “This is a tale with no shortage of knaves or villains.” If you’re interested in learning about Chevron’s legal wranglings in Ecuador and with plaintiffs attorney Steven Donziger, there are a bunch of interesting new readings for you to peruse. [WSJ Law Blog]

* Crisis in legal education be damned! They may have bad timing, but these law schools are focusing on building bigger and better facilities for students they’re unable to put in their seats. [National Law Journal]

* Ohio law schools have taken a bruising in terms of decreased enrollment, but the University of Toledo has faced the worst of it. With a 25.9% reduction in 1Ls, tuition cuts can only do so much. [Toledo Blade]


Deepak Gupta

It’s an intimidation model. It’s a way for corporations to go after their critics and those who fund them.

Deepak Gupta of Gupta Beck PLLC, lead appellate lawyer for Steven Donziger in Donziger’s never-ending litigation with Chevron, commenting on the oil giant’s hardball tactics and aggressive litigation style (for a lengthy Rolling Stone article about the case).

* Have you all called the Breaking Bad law firm number yet? Because it works, so go for it! [Legal Cheek]

* How to make airlines more profitable: make everyone sit on bicycle seats! [Lowering the Bar]

* Ilya Somin explains why the D.C. Circuit’s interpretation in Halbig isn’t absurd. And it’s not absurd. It just reflects the hilariously cynical conservative opposition to giving their own citizens tax breaks. [The Volokh Conspiracy / Washington Post]

* Ohio State fired its band director amid sexual harassment allegations. To fire a guy, Ohio State must have dotted every “i” in this investigation. [USA Today]

* Speaking of sexual harassment, the Navy’s Blue Angels are the subject of a sexual harassment suit. And somehow it involves a blue and gold penis seen from space. [Slate]

* The Chevron battle over Ecuador continues. Turns out the star witness Chevron paid upwards of $1 million to testify took 50 days of prep to finally get his ever-shifting story straight. [Huffington Post]

* There’s a new book out called Kate’s Escape from the Billable Hour (affiliate link). We haven’t read it, but apparently this tale of “a burnt-out, second-year attorney working in the dysfunctional world of Big Law” mentions ATL. So they definitely did their research. [Amazon]

* Watch a drunk guy give cops a lesson in Con Law. Video after the jump…. [Barstool Sports]

double red triangle arrows Continue reading “Non-Sequiturs: 07.24.14″

When we last checked in on Patton Boggs, the long-suffering law firm was on the brink of a bankruptcy breakthrough. Its partners, and the partners of Squire Sanders, were in the middle of voting on a merger that would save Patton Boggs.

Alas, sadly for Patton Boggs, Squire Sanders has suspended the merger vote. What happened? Did Squire come to its senses get second thoughts about that hideous proposed firm name, Squire Patton Boggs?

Actually, no; the issue is more substantial than that. Here’s a hint: Patton Boggs might have saved itself by June, if it weren’t for those meddling… Ecuadorian villagers!

(The vote is back on. Please note the multiple UPDATES at the end of this post.)

double red triangle arrows Continue reading “Squire Sanders Puts Patton Boggs Merger Vote On Hold”

On Monday, we heard rumors of momentous events at Patton Boggs, the troubled law and lobbying firm. One of the rumors was that the partnership was holding a meeting to vote on something major — although what exactly was not revealed.

We reached out to Patton Boggs, which shot down the rumors of a meeting, so we ended up not doing a story. But there may have been some truth to reports of exciting goings-on at the firm — developments that could help the firm in its struggle for survival.

The firm just removed the albatross of litigation with oil giant Chevron from around its neck. As you may recall, Chevron sued Patton Boggs for PB’s representation of plaintiffs in an Ecuadorian environmental case that Chevron alleged was nothing more than a shakedown — a view that Judge Lewis Kaplan (S.D.N.Y.) vindicated in March.

But escaping from the Chevron quagmire did not come cheap for Patton Boggs. How much did the firm have to cough up to make this case go away?

double red triangle arrows Continue reading “Patton Boggs Raises The White Flag In The Chevron Battle”

For those of you who haven’t tuned out Jarndyce v. Jarndyce Chevron Corp. v. Donziger, the never-ending litigation between oil giant Chevron and plaintiffs’ lawyer Steven Donziger, today brings some news. It shouldn’t come as any surprise to those who have been following the case, but Judge Lewis Kaplan (S.D.N.Y.) just ruled in favor of Chevron, enjoining Donziger and his Ecuadorean-villager clients from trying to enforce here in the United States the multi-billion-dollar pollution judgment they secured against Chevron in Ecuador — a judgment that was the result of fraud, according to Judge Kaplan. (Links to coverage and to the parties’ reactions to the ruling appear at the end of this post.)

The Chevron/Ecuador case is one of those matters that’s most interesting to those who are actually involved in it; to the rest of us, it’s a lot of noise. Speaking for myself, I’m interested in only two aspects of it: (1) its impact on the revenue and profit of Gibson Dunn, which has been litigating the case aggressively on behalf of Chevron, and (2) its meaning for the deeply troubled law firm of Patton Boggs, which made the ill-advised decision to align itself with the Ecuadorean village people.

In a media call this afternoon that I joined, Chevron’s general counsel, R. Hewitt Pate, declined to discuss the size of the company’s legal fees in the litigation. So we’ll have to focus on that second item: the bog that is Patton Boggs. Which right now looks like the Lago Agrio oil field, prior to remediation….

double red triangle arrows Continue reading “Patton Boggs Down In The Dumps, Hires Financial Advisers”

* A guy who tried to get on the bench more than once was just busted in a prostitution sting. Oops. He also spells his name weird. [The Press Democrat]

* Tomorrow, Gibson Dunn partner Miguel Estrada will argue before the Second Circuit that private parties can’t get injunctions under RICO. For those keeping score, Gibson Dunn partner Randy Mastro hangs his whole case in Chevron v. Donziger on a request for an injunction under RICO. Time to play the Distinguish Polka. [Courthouse News]

* Wait until the RIAA realizes there are royalties to be made at CIA black sites in Uzbekistan. Because the only thing more torturous than being forced to listen to this music is the tenacity of the RIAA. [Slate]

* More on the legislative fight over accrual accounting versus cash-basis accounting for Biglaw firms. To the barricades! Swear your allegiance to Generalissimo MacEwen! [Adam Smith, Esq.]

* Is there a right to online anonymity? All the people out there trying to hire contract killers over the Internet certainly think so. [InsidePrivacy]

* Jay Edelson and Chandler Givens of Edelson PC examine the flawed law firm recruitment model. [Legal Solutions Blog / Thomson Reuters]

* Slip and falls at the IRS office. [Lowering the Bar]

* Choose your own adventure: Will you read this to see how many times Justice Alito recused himself during OT 2013? Or will you read this to see Justice Alito’s doofy-looking picture? [National Law Journal]

* Hackers took down the entire PACER system as well as various federal court websites on Friday. No, the FBI says it was “technical problems.” Oops, nope, still hackers. :( [Switch / Washington Post]

* It seems the best way to train new associates is to do the opposite of what Biglaw has been doing for decades. Take Stephen Susman’s word for it — you could probably end up with a $40k bonus. [The Careerist]

* A decision hasn’t been rendered in the Chevron case yet, but is Steven Donziger feeling pessimistic? He’s already hired impressive appellate counsel. [WSJ Law Blog]

* “Everybody’s been very nice to us, even though we’re lawyers.” Shocker. David Boies, Ted Boutrous, and Ted Olson had fun at the Sundance Film Festival promoting “The Case Against 8.” [Associated Press]

* Finally, a happy ending to an absurd science experiment. Over the weekend, a judge ordered that Marlise Munoz, a brain-dead pregnant woman in Texas, be removed from her respirators and ventilators. [CNN]

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