Ted Olson

Ted Olson and David Boies: adversaries, then allies, then adversaries again.

After covering the Dewey & LeBoeuf bankruptcy hearing on Wednesday morning, I walked a few blocks uptown to the Second Circuit for another exciting event: oral argument in the closely watched Argentina bondholder litigation. It was a Biglaw battle royal, pitting Ted Olson, the former solicitor general and current Gibson Dunn partner, against a tag team of top lawyers that included David Boies, Olson’s adversary in Bush v. Gore (and ally in Hollingsworth v. Perry).

Here’s my account of the proceedings, including photos….

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A few years ago, I was covering some conservative legal or political conference where Ted Olson was scheduled to appear. At some point before his scheduled appearance, it was announced that he’d be unable to attend. It was chalked up to a scheduling conflict, but some wondered: had Olson withdrawn because of a fear that he’d be persona non grata? This was not long after he had filed the case that’s now before the U.S. Supreme Court as Hollingsworth v. Perry, and some conservatives were unhappy with the former solicitor general’s taking up the cause of marriage equality, viewing it as a betrayal.

Oh how times have changed. Now prominent Republicans are lining up to support the cause of marriage equality in the Supreme Court of the United States.

Yes, February 14 was almost two weeks ago. But on Thursday, a bunch of leading conservatives will send Justice Anthony M. Kennedy a valentine….

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‘That’s just our special sauce!’

* Six Supreme Court justices attended last night’s State of the Union address, and although it was all hugs and kisses and handshakes to start off with, some looked as if they were due for naptime by its end (coughRBGcough). [Blog of Legal Times]

* It’s a clash of the Biglaw titans! In a face off between legal heavyweights, the Second Circuit has set aside time to hear arguments from Ted Olson and David Boies in the Argentine bondholder case. [Thomson Reuters News & Insight]

* Dewey know if this document specialist’s Worker Adjustment and Retraining Notification Act lawsuit has got any legs to it? It certainly must, because Judge Martin Glenn very recently denied the failed firm’s motion to dismiss it. [Am Law Daily]

* Congratulations to Paulette Brown of Edwards Wildman Palmer. This Jersey girl is the uncontested nominee for ABA president in 2015, making her the first minority woman to hold the title. [New Jersey Law Journal]

* Send in the clowns (or loads of O’Melveny and Akin lawyers): Apple’s CEO, Tim Cook, has a low opinion of David Einhorn’s Greenlight Capital lawsuit, referring to it as nothing more than a “silly sideshow.” [Reuters]

* “It is up to us in the academy to prepare our students for the future no matter what it holds.” Dean Frank Wu of UC Hastings seems to be on the right track when it comes to necessary law firm reforms. [Huffington Post]

* Poor, poor Teresa Wagner. She was allegedly denied a job because of her conservative views, and her case ended in a mistrial. That kind of a thing could drive a woman to drink… and drive. [Iowa City Press Citizen]

* Not only does Lehigh University ruin every college basketball bracket in the nation, but it also provides great “I’m suing you because of my crappy grades” fodder. Oh my God, I really miss you, Lehigh! [Morning Call]

* Thanks to the wisdom of the Ninth Circuit, we now know that, at least in Washington, a spit-laden hamburger from Burger King is grounds for emotional distress damages. Ugh, that’s nasty! [WSJ Law Blog (sub. req.)]

Ted Olson

Normally when I hear the words “legal tech,” I run away. It scares me.

– Famed litigator Theodore B. Olson of Gibson Dunn, commenting on every litigator’s most hated technological development during his keynote presentation at LegalTech New York.

(Continue reading for more entertaining commentary from Ted Olson, after the jump.)

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Justice RBG rocking her doily.

* As soon as Mary Schapiro announced she was stepping down as chairwoman of the SEC, Obama nominated another woman to take her place. Congrats to SEC Commissioner Elisse Walter! [WSJ Law Blog]

* In other breaking news that no one will care about now that bonus season is upon us, Justice Ruth Bader Ginsburg swapped out her neck doily for a blingy necklace from Glamour. [Josh Blackman's Blog]

* You know what the ancient Romans would’ve hated more than watching the fall of the Roman empire? The Citizens United decision. Cato, Cicero, and Julius Caesar wouldn’t have been impressed with this. [Slate]

* Why go to law school if you’re already doing well financially? Perhaps you’re just another prestige hunter. If you are, then all the better for you, because that seems to be what all of the law schools are selling these days. [Inside the Law School Scam]

* Don’t cry for Argentina: they may be in the middle of a billion-dollar bond dispute, but the uber-prestigious lawyers on either side of the case (Boies; Olson) are enough to make you forget about their troubles. [Reuters]

* A Biglaw attorney from Alston & Bird with a rare sleep disorder confronts Big Pharma and… doesn’t win. At least not yet. But on the bright side, she’s not sleeping for 18 hours anymore. [The Last Word on Nothing]

* We’re honored to announce that Above the Law was named as one of the ten law blogs in the ABA Journal’s inaugural Blawg 100 Hall of Fame. Please click here if you’d like to help us win again this year. [ABA Journal]

* After the jump, Bloomberg Law’s Lee Pacchia speaks with Bill Lawlor, a Dechert partner, who claims “hope springs eternal for M&A attorneys.” Will the mergers and acquisitions market begin to boom once again?

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Let’s talk about two of our favorite topics: money and politics. And the combination of the two, which creates both problems and opportunities for our democracy.

On Saturday I attended an excellent New Yorker Festival panel about politics and money, featuring some impressive speakers:

What did these distinguished and high-powered panelists have to say about the influence of money on our political system?

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Professor John Corvino is the co-author of an excellent new book, Debating Same-Sex Marriage. The book consists of a debate between Corvino, who supports gay marriage, and Maggie Gallagher, who opposes it — and who has, through her work for the National Organization for Marriage, vigorously resisted the legal recognition of same-sex marriage.

The issue of gay marriage can be divisive, but the book has in many ways been uniting. In addition to bringing together Corvino and Gallagher — who have done numerous joint events to promote the book, despite their very divergent views — even the book’s blurbs have made for strange bedfellows. In the words of Dan Savage, author of the Savage Love sex advice column, Debating Same-Sex Marriage “is the first and, without a doubt, the last book in the whole sordid history of books that will be blurbed by both me and Rick Santorum.”

Over the weekend, I interviewed Corvino about the issues discussed in the book, with a focus on legal issues relating to same sex-marriage….

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Of course HRH - 'Her Royal Hillaryness' - made the list.

Earlier this week, Time magazine released its annual list of the 100 most influential people in the world, the Time 100. For lawyers, there’s good news and there’s bad news.

The good news: lawyers represent over 10 percent of the Time 100. The bad news: many of the law-degree-holding honorees were not recognized for their work as lawyers.

So which legal eagles soared into the Time 100 this year?

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* The fact that this guy got so drunk off of beer pong means he’s probably the best pong competitor who has ever lived. [New York Post]

* This is the best document review job ever. I’m not joking. Does $85/hour sound like a joke? You might need to learn Japanese, though. [Constitutional Daily]

* I wonder how this will affect the inevitable occasions on which I accidentally post drunken political rants on Above the Law’s Twitter feed. [Corporate Counsel]

* New York Times reporter David Segal has made major waves for criticizing law schools. Can other people make waves for criticizing David Segal? [Blueprint LSAT Preparation]

* Lat was on Minnesota Public Radio today giving a measured defense of unpaid internships. Kids at my high school were unpaid interns all the time. It was no big deal. (By the way, ATL is seeking a paid intern.) [Minnesota Public Radio]

* Baker Botts just elected a new managing partner. Congratulations to Andrew M. Baker! [Tex Parte Blog]

* Earlier today, the internet temporarily exploded when the Ninth Circuit issued its opinion declaring Prop 8 unconstitutional. Here are comments from David Boies and Ted Olson, the lawyer heavyweights who argued the case. [Metro Weekly]

Or, if you prefer, a ruling on marriage equality. We knew this ruling was coming because the Ninth Circuit kindly informed us in advance that its opinion would be issued today: “The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”

The Ninth Circuit’s practice of providing advance notice of certain opinion filings is very helpful to those who cover the court. It would be nice if other circuit courts followed the Ninth Circuit’s lead. (Yes, I just typed that sentence.)

Now, let’s find out how the three-judge panel ruled in Perry v. Brown (formerly known as Perry v. Schwarzenegger)….

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