How could the NFL screw this up? When you look at it, probably pretty easily.
* The Second Circuit has scheduled oral arguments in the NFL’s appeal of the Deflategate case for March 3. Roger Goodell is going to be pretty pissed off that Tom Brady can deflate his balls without being disturbed by legal issues until after Super Bowl 50. [Reuters]
* Corporate partner Pierre Boivin of McCarthy Tetrault, a Canadian Biglaw firm, was one of the hostages who survived the Mali terror attacks last Friday. According to the firm, his friends, family, and colleagues are “tremendously relieved” that he’s safe. [ABA Journal]
* LexisNexis purchased litigation analytics company Lex Machina for an undisclosed sum, but rumor has it that the company’s asking price was $30 to $35 million. Its co-founder says the deal came close to those numbers. [Big Law Business / Bloomberg]
* Just in time for Black Friday online deals, a new Symantec report is out that says consumers are growing increasingly vulnerable to cybercrime. On that note, let’s get to know each other a little better. What’s your mother’s maiden name? [WSJ Law Blog]
* If you’re planning to take the LSAT in December and you still don’t have a game plan set out for how you’re going to manage your time while taking the test, you may have already screwed yourself. Best of luck! [Law Admissions Lowdown / U.S. News]
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In sports and in politics, enabling fundamental fairness and symmetry in an adversarial proceeding seems like a positive goal. Perhaps there is room to borrow more from eDiscovery in other quasi-litigation arenas.
What does the NFLPA President have to say about Deflategate?
* I get that litigation is expensive, but I promise, Tom Brady doesn’t need donations for his Deflategate legal bills. Especially not when they’re solicited in an obituary. [Deadspin]
* Protip: Don’t ask a female attorney if she is going through menopause, unless you like sanctions. [Lawyers for the Profession]
* Great time waster: what’s the weirdest law in your home state? [Yahoo!]
* An all too realistic look at what it is like to be a lawyer — substance abuse, terrible workload, self-loathing and all. [Vice]
* A case study of estate planning as played out in the life of fashion icon Helen Gurley Brown. [New York Times]
* Heads up to Missouri lawmakers — you don’t end sexual harassment by telling interns to dress “modest.” [Think Progress]
One hundred of Tom Brady’s peers think this whole thing is silly and not a big deal.
How could anyone in the courtroom concentrate while the star quarterback’s face was melting off?
he litigation discovery process has never been as costly, complex and critical as it is today. With the experience of having reviewed nearly 100 million documents since 2014, Thomson Reuters and its Legal Managed Services team have identified the seven pitfalls most frequently experienced with current ediscovery solutions and what legal professionals should look out for when considering their ediscovery needs.
* The National Association for Law Placement released slightly improved jobs numbers for the law school class of 2014, so yay? [National Law Journal]
* Guess what? Prosecutors don’t like the Second Circuit’s higher threshold for insider trading cases and now they’d like the Supreme Court to do something about it. [Wall Street Journal]
* A group of merchants including Amazon, Wal-Mart and Starbucks want the $7 billion settlement negotiated over interchange fees with Visa, Mastercard and American Express in an antitrust case vacated due to attorney Gary Friedman’s alleged misconduct. [Law360]
* Don’t cha love it when media scandals become real life litigation? All your deflategate legal questions answered. [Stradley Law]
* Does the Supreme Court need an ethics code? And yes, yes it does. [The Faculty Lounge]
* James Woods is suing a Twitter troll for claiming the actor is a “cocaine addict.” They probably just misspelled “hypersensitive blowhard.” [Gawker]
* In baseball, does the “tie go to the runner”? Are you sure? [PrawfsBlawg]
* Tom Brady provides that rare opportunity for sports fans to care about forum selection clauses. But the best part of this story is the comment: “Out of habit, the NRA filed an amicus brief on behalf of the NFL when they heard ‘Clinton’ & ‘Brady’ in the same sentence.” It’s refreshing when commenters are funny. [Deadspin]
* If you think academia can be a cushy job, you should see what retiring from academia looks like? [TaxProf Blog]
* A comprehensive snapshot of the business record of the Roberts Court. [Constitutional Accountability Center]
* Yeah he told a client he’d waive his legal fees “in exchange for a sexual encounter with Client and her daughters” (emphasis added), but you know, he was “just teasing.” [Legal Profession Blog]
* Hipster lawyers. Seriously. That’s how they market themselves. Their office is even a repurposed factory. They’re in LA now, but you know they’re just dying to move to Portland. [LA Weekly]
* Are you following these Biglaw managing partners on Twitter? Because LOL totally RT worthy. [Bloomberg BNA / Big Law Business]
* Three Wisconsin Supreme Court justices skipped out on Marquette’s swearing in ceremony. One more development in the ongoing bats**t insane happenings on that court that previously included “[conservative Justice] Prosser put his hands on the neck of [liberal Justicee] Bradley in front of four of the other justices as they argued about a case.” [Milwaukee Journal Sentinel]
* I get called out for being clickbaity. But I’m really just indirectly teaching lawyers lessons in marketing they really should learn. [Law and More]
* What would an interview with Tom Brady about Deflategate look like? [Coverage Opinions]
* Bloomberg BNA introduced a new corporate law product that’s “set to dramatically change the workflow for transactional lawyers.” [Dewey B. Strategic]
* President Obama’s immigration executive action should have kicked in today. It didn’t because the Fifth Circuit are a bunch of layabouts. [Constitutional Accountability Center]
* The Irish same-sex marriage referendum hit a snag when someone realized the Irish language version would probably render heterosexual marriages unconstitutional. If you can’t write a neutral version of the law without encountering this problem… kind of proves a point, doesn’t it? [The Irish Times]
* R.I.P. Bob Foster, former dean of University of South Carolina School of Law . [The State]
NFL Commissioner Roger Goodell has become famous for his heavy-handed punishments, but the question is whether any of his punishments are legally binding. Tom Brady certainly doesn’t think so.
* Are you tired of hearing about Tom Brady’s balls? No? Good. Here’s a great profile of the Paul Weiss litigator that authored the report on deflategate. [New York Times]
* Good news for all the Pandora listeners out there. The Second Circuit affirmed Pandora’s access to the ASCAP music catalogue. [New York Law Journal]
* As if the “Jena Six” haven’t been through enough, now one of its members is heading to law school. [American Lawyer]
* Brewery scores big First Amendment victory. Let’s all celebrate with a nice cold bottle of “Raging Bitch” beer. [Corporate Counsel]
* The federal government paid $45 million to Northrop Grumman Systems to settle claims it misappropriated trade secrets related to their satellite program. [National Law Journal]
* The debate over the minimum wage rages on in Ninth Circuit case on the constitutionality of Los Angeles’ Living Wage law. [Law360]
Can law students and young lawyers achieve career outcomes that are analogous to Tom Brady’s and Malcolm Butler’s in football?
My this was a busy week. Here’s a list of the big-ticket stories that struck my fancy this week.