Supreme Court

  • Morning Docket: 02.14.18
    Morning Docket

    Morning Docket: 02.14.18

    * “Plaintiffs’ claim to being the only ones in the world who can refer to players playing and haters hating is frivolous.” Taylor Swift has successfully shaken off an absurd copyright infringement lawsuit thanks to her lawyer’s player-hating. [THR, Esq. / Hollywood Reporter]

    * President Trump has nominated 87 judges thus far, and of those nominees, 80 are white, five are Asian-American, one is Hispanic, and one is African-American. Trump’s nominees are 92 percent white, which “turns the clock back on years of work and effort that went into promoting judicial diversity.” [USA Today]

    * Happy Valentine’s Day, everyone! What better way for a law firm to celebrate the special occasion than to offer a free divorce? We may have more on this later. [UPI]

    * Yesterday was the second anniversary of Justice Antonin Scalia’s death, and [t]hanks to [his] disruption, the Supreme Court may never be the same.” Admirers, critics, and clerks share their memories of the man, the myth, the legend. [National Law Journal]

    * Elizabeth Rose, a former employee of Vice Media, has filed a proposed class-action suit against the company, alleging that women were “systemically and intentionally” paid less than their male counterparts in violation of equal pay laws in New York and California, as well as in violation of the Equal Pay Act. [Los Angeles Times]

    * Judge Sandra Townes, the first African-American woman to be appointed to the Eastern District of New York, has died of cancer at 73. RIP. [New York Law Journal]

  • Morning Docket: 02.12.18
    Morning Docket

    Morning Docket: 02.12.18

    * “The chief justice, in particular, doesn’t like the court to be a disruptive force,” but that might change this spring as the Supreme Court considers reversing at least three of its longstanding precedents. Trashing precedents could potentially become much easier now that Justice Gorsuch is here. [USA Today]

    * Berwin Leighton Paisner and Bryan Cave partners are voting on their proposed transatlantic merger, and the results are expected by the end of the month. If the tie-up is approved, BCLP — the combined firm’s new name — will be a billion-dollar firm with 1,500 lawyers and 32 offices in 12 countries. [Law.com]

    * Charles Harder, the lawyer who brought down Gawker and now represents Donald Trump and members of his family, is experiencing some growing pains at his firm thanks to his presidential representation. Name partner Douglas Mirell just quit because of his “pledge to protect the First Amendment.” [The Recorder]

    * New York Attorney General Eric Schneiderman has filed a civil rights suit against the Weinstein Company and its founders, alleging that they “repeatedly and persistently treated female employees less well than male-employees through gender-based hostile workplace harassment, quid pro quo harassment, and discrimination.” [Variety]

    * In an effort to increase diversity, LSAC will be awarding a total of $1.5 million to five law schools so they can hold Prelaw Undergraduate Scholars programs on their campuses. Akron, Alabama, Duke, Houston, and St. John’s will each receive these grants to convince college students to enroll. [Black Enterprise]

    * Congratulations to Charleston Law’s National Tax Moot Court team, which just clinched its seventh championship title in a row. It’s nice to know that students were able to rise above the school’s designation as one of the “least selective law schools in the country” to create a tax law dynasty. [Post and Courier]

    * Remember the former Ulta employee who accused the beauty retailer of reselling used products as new? Now a concerned customer has filed a proposed class-action lawsuit over the store’s “widespread and surreptitious practice” of allegedly repackaging and selling returned products. [Chicago Tribune]

  • Morning Docket

    Morning Docket: 02.09.18

    * Will Chief Justice John Roberts be asked to testify before Congress for his role as the appointer of judges for the Foreign Intelligence Surveillance Court? According to House Intelligence Committee chairman Devin Nunes (R-Calif.), it could happen, even though they “don’t know the correct way to proceed because of the separation of powers issue.” [National Law Journal]

    * Quinn Emanuel’s Bill Burck is representing two Trump administration rejects (Steve Bannon and Reince Priebus) and a current major player in the Trump administration (Don McGahn), all at the same time. The discussion about whether there’s any conflict of interest here between Burck’s triple-play is pretty interesting. [American Lawyer]

    * Sigfredo Garcia and Katherine Magbanua, who are both currently waiting to stand trial for the murder of Florida State Law Professor Dan Markel, are now facing some additional charges. The pair now face counts of conspiracy and solicitation to commit murder. We wonder when either of them will take a plea. [Tallahassee Democrat]

    * In case you missed it, in a world first, Bermuda will be abolishing same-sex marriage, after legalizing same-sex marriage just one year ago. Same-sex marriages will now be referred to as domestic partnerships, conferring all the same rights that married couples have, but without the legal title. [Washington Post]

    * Do you know this man? For years and years, this man’s portrait has been hanging outside the chief justice’s chambers at the Massachusetts Supreme Judicial Court, but no one has any idea who he is. Help name this mystery justice and win a prize! [AP]

  • Morning Docket: 02.05.18
    Morning Docket

    Morning Docket: 02.05.18

    * “I’d like to see in the Constitution a statement that men and women are people of equal citizenship stature. I’d like to see an equal rights amendment in our Constitution.” Justice Ruth Bader Ginsburg is all in favor of amending the Constitution to benefit women. Are you? [Washington Post]

    * Kashyap Patel, the “primary author” of the House Intelligence Committee’s secret memo, is no stranger to controversy. You may remember when he dropped out of this bachelor auction due to an issue with his license to practice or from this “Order on Ineptitude” after he was berated by a federal judge. [New York Times]

    * Duke Law has a brand new dean, and she’ll be starting her job come July 1. Congratulations to Kerry Abrams — “one of the brightest stars in legal education” — on becoming one of the handful of women to lead one of America’s top law schools. [Duke Today]

    * The DOJ wants former Trump campaign chairman Paul Manafort’s suit against special counsel Robert Mueller and Deputy AG Rod Rosenstein to be tossed, arguing that its only purpose is to “interfere with [his] ongoing criminal prosecution.” Yep, that was the whole point. [CNN]

    * Ouch! One Am Law 100 Firm is experiencing that awkward moment when management decides to completely scrub the name of the firm’s major merger partner from all of its branding, just one year after the combination was consummated. [American Lawyer]

  • Non-Sequiturs: 02.02.18
    Non-Sequiturs

    Non-Sequiturs: 02.02.18

    * A question that has crossed the mind of every Biglaw corporate associate: “How much of lawyering is being a copy-and-paste monkey?” [3 Geeks and a Law Blog]

    * Kenneth Jost notes out how Justices Ginsburg and Gorsuch like to butt heads — and scores the fight 2-0 in RBG’s favor. [Jost on Justice]

    * And speaking of rumbles at One First Street, which pairs of justices have the most disagreements with each other, as reflected in majority and dissenting opinions? Adam Feldman has answers. [Empirical SCOTUS]

    * Saira Rao, former Cleary Gottlieb associate and author of the clerkship novel Chambermaid (affiliate link), takes on a new challenge: running for Congress. [American Bazaar]

    * Data privacy is the name of the game these days, and Thomson Reuters is ready; TR showed off its new, Watson-enabled Data Privacy Advisor at Legalweek here in New York. [Dewey B Strategic]

    * Amidst all the hoopla and robot fights at Legalweek, it would be easy to overlook the latest news from Neota Logic — but you shouldn’t. [Artificial Lawyer]

    * Should more states move away from requiring unanimous jury verdicts in criminal cases? Joel Cohen argues that 11 is not enough. [Law & Crime]

    * Can a U.S. court punish someone for their speech, on the theory that he breached an agreement not to speak, while keeping the speech-restrictive agreement secret? Eugene Volokh thinks not (with good reason). [Volokh Conspiracy / Reason]

    * Dewey see an end in sight for legal proceedings related to the collapse of the Biglaw giant? Former executive director Stephen DiCarmine was supposed to be in court today to face fraud claims from the Securities and Exchange Commission, but it looks like the parties might have a deal. [Law360]

    * If you will be in New York City next weekend and are interested Asian-American leadership in the legal field, consider attending Columbia APALSA’s annual conference — where Kathy Hirata Chin will be honored for her efforts to promote diversity in the legal profession. [Columbia Law School APALSA]

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  • Morning Docket

    Morning Docket: 02.02.18

    * In case you missed it, Linda Greenhouse of the New York Times has noticed a trend when it comes to Chief Justice Roberts and who he’s been aligning himself with at the Supreme Court. He may not yet be a moderate, but he seems to be shying away from “the reliably right-wing triumvirate” of Justices Thomas, Alito, and Gorsuch. [New York Times]

    * “The document speaks for itself.” All three of former Trump campaign aide Rick Gates’s lawyers are withdrawing as counsel, and will only explain why in documents filed under seal. Only his Biglaw attorney who is known for his plea deals remains. Gates is under indictment in special counsel Robert Mueller’s Russia investigation. [POLITICO]

    * According to the latest year-end report from the Wells Fargo Private Bank’s Legal Specialty Group, law firm revenue and profits were up in 2017, and demand had increased for legal services. As usual, the most profitable firms at the top of the market outperformed their smaller counterparts. [American Lawyer]

    * Trump administration policies having to do with immigration, specifically the H-1B visa program for foreign workers, may force many Biglaw firms to move to their practices to the cloud sooner than they would have liked. In times of “political uncertainty” like these, Biglaw can’t rely on “offshore labor arbitrage” for IT outsourcing. [TechTarget]

    * The GC of the American Red Cross has resigned following the publication of a report that he praised a former colleague who was the subject of an internal investigation and pushed out of the organization for alleged instances sexual misconduct. [Corporate Counsel]

    * Disgusting: A Georgia lawyer who asked a witness to recant an eyewitness account of her son’s molestation has politely gave up his license to practice law after pleading guilty to felony witness tampering and attempting to suborn perjury. [Big Law Business]

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  • Non-Sequiturs: 01.26.18
    Non-Sequiturs

    Non-Sequiturs: 01.26.18

    * “Impartiality requires fair treatment for both sides, not merely for victims—even victims in a case as horrifying as this one.” Some are calling into question Judge Rosemarie Aquilina’s impartiality during Larry Nassar’s sentencing. [PrawfsBlawg]

    * If you’re invited by the Supreme Court to brief and argue a case as an amicus curiae, you better believe that your career in the law is about to take off. [Empirical SCOTUS]

    * A few of the New England Patriots visited Harvard Law to learn about inequities in the criminal justice system before securing a spot in the Super Bowl. [Harvard Law Today]

    * Maybe your life won’t end if you get bad 1L grades — maybe it’ll be a whole new beginning. [LinkedIn]

    * Here are some useful tips on how to avoid getting burned if someone asks you for your salary history when you’re applying for a job. [Corporette]

    * Are you a law review nerd, a legal scholar, or professor obsessed with when your latest article will be published? Then you must check out the Law Review RSS Project. [Excess of Democracy]

    * Can you get a DUI in a self-driving vehicle? In the future, the answer to this question may depend on how autonomous the vehicle is. [Versus Texas]

  • Morning Docket: 01.24.18
    Morning Docket

    Morning Docket: 01.24.18

    * Now that special counsel Robert Mueller has interviewed Attorney General Jeff Sessions for hours on end, he’s getting closer to interviewing the president himself, and it looks like the focus will be on the ouster of Michael Flynn and James Comey (i.e., obstruction of the Russia investigation). [Washington Post]

    * After the federal government shutdown ended, Justice Neil Gorsuch dined with Senate Majority Whip John Cornyn and other Republican senators and Trump administration officials. Ethics violation? Nah. “Justices don’t take vows to be hermits. Nothing here remotely suggests ethical issue.” [National Law Journal]

    * More than one million corporate email addresses from the United Kingdom’s top law firms were found on the dark web, and 80 percent were associated with passwords, which puts those firms at a very significant risk of being hacked. Be wary about cybersecurity breaches in the future thanks to this. [Infosecurity Magazine]

    * The University of Windsor Faculty of Law in Ontario, Canada, suffered a major data breach earlier this month after a law school staff member accidentally posted confidential information — names, GPAs, LSAT scores, the works — about current applicants to a blackboard accessible by current students. Oops! [Lawyer’s Daily]

    * If you’re thinking about applying to law school, make sure you keep in mind that anything you include (or neglect to include) in your application can and will be used against you during your character and fitness evaluation when you apply to take the bar exam after graduation. [Law Admissions Lowdown / U.S. News]