Trials
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Morning Docket
Morning Docket: 07.05.16
* In case you haven’t been keeping score like we have, these are the firms that recently raised salaries: Kilpatrick Townsend, Sutherland, Norton Rose Fulbright, Morgan Lewis (additional details), Troutman Sanders. If you’re worried you’ve missed any of our coverage on pay raises, you can check out our omnibus 2016 salary chart where we collect these stories. [2016 Salary Increase / Above the Law]
* “The plan was always to retire after this summer, retirement just came a little sooner than I’d hoped.” Olympic gold medalist Shannon Vreeland isn’t going to the Rio Olympics this summer; instead, she’ll be swimming in the completely the uncharted waters of law school at Vanderbilt. Will she be the new Aquagirl? [SwimSwam]
* Worried about Brexit? So are clients who have hired Mischon de Reya lawyers to make sure the British government doesn’t try to leave the EU without consulting parliament. “Everyone in Britain needs the government to apply the correct constitutional process and allow parliament to fulfill its democratic duty,” says a firm partner. [Bloomberg]
* Judge Richard Posner would like to sincerely apologize for saying that the Constitution isn’t worth the time judges have spent studying it. What he really meant to say was that he thinks the Constitution is so vague that judges are simply “do[ing] the best they can” to make the 17th century document applicable to our modern world. [WSJ Law Blog]
* “I thought you wanted to do this. The time is right and you’re ready, you just need to do it! You can’t think about it. You just have to do it. You said you were gonna do it. Like I don’t get why you aren’t.” Michelle Carter, the Massachusetts teen who walked her boyfriend through his suicide via text, will stand trial for involuntary manslaughter. [AP]
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Jury Duty, Wall Street
Lawyer Asks Jurors Not To Lump Client Of 'Average Intelligence' In With Other Ex-Barclays Traders Accused Of Libor Manipulation
Jonathan Mathew is not having the greatest of days. - Sponsored
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Bad Ideas, Trials
Lawyer Who Allegedly Slit Law Firm Partner's Throat Says He Doesn't Recall Committing Any Crimes
This is pretty unbelievable testimony.
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Trials, Wall Street
Hank Greenberg Is Headed To Trial On Those Pesky Fraud Charges After All
The former CEO of AIG must face a fraud trial over transactions at the insurer, New York's highest court just ruled. -
Morning Docket
Morning Docket: 06.02.16
* A judge has ruled that Andrew Schmuhl, the attorney accused of torturing and nearly killing the managing partner of the law firm his wife was fired from, will not be allowed to use an involuntary intoxication defense at trial. We may have more on this later today. [Washington Post]
* Congratulations to Justice Ruth Bader Ginsburg! A newly discovered species of praying mantis with a decorative neck plate, the Ilomantis ginsburgae, has been named after Her Honor thanks to her “commitment to women’s rights and gender equality… and her appreciation of the jabot.” This is an honor that is truly fitting for the Notorious R.B.G. [New York Magazine]
* Partners continue to head for the exits at Kenyon & Kenyon. This time, the chair of the IP firm’s life sciences and chemical prosecution practice fled for Fox Rothschild, and he took two others with him. What’s going on as this firm, and did they decide finally decide to officially pull the plug on the summer program? Let us know. [Big Law Business]
* “There’s absolutely no showing of any federal violation. The citizens of California are smart enough to know what their rights are.” Sorry, Bernie bros, but because unaffiliated voters’ rights haven’t been harmed, voter registration will not be reopened ahead of next week’s primary in the Golden State. Best of luck in the polls. [Los Angeles Times]
* People are still raging against this JOP: The Nevada Attorneys for Criminal Justice, a group of defense lawyers 150 strong, have filed an ethics complaint against Judge Conrad Hafen, saying he showed a “complete disregard for the law” when he handcuffed a public defender as she tried to represent her client. [Las Vegas Review-Journal]
* Boyce Martin Jr., chief judge emeritus of the Sixth Circuit, RIP. [Courier-Journal]
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Morning Docket
Morning Docket: 05.31.16
* Do not mess with federal judges: Shortly after presumptive Republican presidential nominee Donald Trump criticized Judge Gonzalo Curiel of the Southern District of California at a political rally by calling him a “hater,” the judge ordered that internal Trump University documents from a consumer fraud trial be unsealed. [POLITICO]
* The Clark County Defenders Union that represents Zohra Bakhtary condemned Judge Conrad Hafen in an open letter, writing, “[h]andcuffing an attorney who is merely doing her job to teach her a lesson is simply improper and has never been done in the history of Nevada.” [WSJ Law Blog]
* When we last checked in with Stephen DiCarmine, Dewey’s ex-executive director, he told a judge that due to financial constraints, he’d like to represent himself at retrial. Now, he’s hired Rita Glavin of Seward & Kissel for the job. [DealBook / New York Times]
* Uh-oh… Mossack Fonseca, the law firm behind the Panama Papers leaks, announced via Tweet its plans to close offices in several offshore tax havens. The firm will shutter offices in the island nations of Jersey, Gibraltar. and the Isle of Man. [VICE News]
* Who knew a Libor-rigging trial could be so exciting? Former Barclays trader and criminal defendant Ryan Reich was scolded by a judge after he interrupted a co-defendant’s testimony with shouts of “no, no, no, no.” [Big Law Business]
* Cassandra Q. Butts, former deputy White House counsel and longtime friend and advisor to law school classmate President Barack Obama, RIP. [Washington Post]
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Boutique Law Firms, Litigators, Small Law Firms
Never Give Up On Cross-Examination
Don’t expect a deceitful witness simply to agree quickly with your cross examination questions; keep pushing. -
Morning Docket
Morning Docket: 05.25.16
* Sorry to ruin your childhood, but a Pennsylvania judge found that there is enough evidence for Bill Cosby to stand trial for his felony assault charge in the Andrea Constand case. Cosby has waived his right to a formal arraignment, and could face up to 10 years in prison if he’s convicted. Cosby has been free on $1 million bail since December. [Associated Press]
* “You need to have order in a courtroom. And there needs to be proper decorum with attorneys.” A Las Vegas Justice of the Peace ordered that a deputy public defender be handcuffed for interrupting him as she tried to represent a client. A tipster has referred to this judge as “demented.” We may have more on this. [Las Vegas Review-Journal]
* According to inside sources, Hunton & Williams is in advanced merger talks with Addelshaw Goddard, a London-based firm. These talks have reportedly been going on for months, and Addelshaw partners supposedly met last night to discuss the tie-up. If successful, the combined firm would have more than 1,300 lawyers. [Big Law Business]
* Silicon Valley staple Fenwick & West is opening up an office outpost in New York City. The firm’s clients in Manhattan include BuzzFeed, FanDuel, Blackrock, Citi, and JPMorgan. Associates will be working around the clock in the city that never sleeps — with a roster like that, they won’t be getting shuteye anytime soon. [WSJ Law Blog]
* AG Loretta Lynch announced yesterday afternoon that the Justice Department would be seeking the death penalty against Dylann Roof, the suspect alleged to have gone on a shooting spree in a Charleston church last summer, killing nine and wounding numerous others. It’s said Roof hoped to incite a race war as a result of the massacre. [USA Today]
* Carl Buchholz, managing partner of DLA Piper’s Philadelphia office, RIP. [Philadelphia Business Journal]
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Attorney Misconduct, Crime
'Muffy, He’s Murdering Me': Law Firm Managing Partner Testifies Against Lawyer Accused Of Slitting His Throat
That one lawyer could allegedly do such things to two members of the bar is disturbing. -
Morning Docket
Morning Docket: 05.24.16
* “Next thing I know he knocks me over backwards, puts the pillow over me and he cuts my throat and stabs me.” Law firm partner Leo Fisher testified yesterday in the trial against Andrew Schmuhl, the lawyer accused of abducting and maliciously wounding him. We’ll have more on this horrifying testimony later. [Washington Post]
* In a move that’s sure to attract attention (and ire) from the Justice Department’s Antitrust Division, Bayer has offered to buy Monsanto for $62 billion. This may be the largest all-cash takeover in history, so we wonder which law firms will have the pleasure of reaping all the rewards that come with so huge of a deal representation. [Reuters]
* “Can citizens sue the government over climate change?” Great legal minds are divided over the answer to this question. Constitutional law scholar Erwin Chemerinsky says yes, but international law savant Eric Posner says no. Whatever you think is the right answer, it’s time we get more aggressive on this issue. [Room for Debate / New York Times]
* With Ted Olson quarterbacking Tom Brady’s request for an en banc hearing of his four-game Deflategate suspension before the Second Circuit, perhaps this case has a fighting chance. Patriots fans should be praying, because an en banc hearing could result in their QB’s suspension being stayed for the start of the season. [WSJ Law Blog]
* Victims of the Colorado Springs Planned Parenthood attack have filed suit against the clinic, claiming the shooting was both “predictable and preventable.” They say that given the past history of threats of violence against places where abortions are performed, patrons should’ve been alerted that they were at risk of injury or death. [Denver Post]
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Technology, Trials
Why Attorneys Need To Look At Other Ways To Present At Trial
Technology columnist Jeff Bennion reviews the leading trial-presentation tools and issues his verdict. -
Boutique Law Firms, Litigators, Small Law Firms, Trials
Develop Rapport With Your Witnesses Well In Advance of Trial
Preparing for trial absolutely includes developing relationships with your witnesses months, if not years, before you have to call them to the stand. -
Morning Docket
Morning Docket: 05.09.16
* Because he’d like to stop “freeriding on the services of Bryan Cave,” Stephen DiCarmine, Dewey & LeBoeuf’s former executive director, told a judge that he’d like to dump Austin Campriello as his lawyer and represent himself in the retrial of his criminal case. DiCarmine, a current textile design student, was warned that this likely wasn’t a very wise choice on his part. [WSJ Law Blog]
* Kaye Scholer’s managing partner “wouldn’t comment on any speculation or rumor,” but word on the street is that his firm and Arnold & Porter may potentially be discussing a possible merger. Information related to this merger is really just a game of Biglaw telephone at this point. Let us know if you have any credible details. [Big Law Business]
* This seems like the plotline of a reality TV series: A trial date has been set for one of the three Trump University lawsuits, and if all goes according to plan for likely Republican nominee Donald Trump, it looks like we may have a president-elect taking the witness stand to testify about allegations related to fraud before his inauguration. [CBS News]
* Just in time for law school commencement ceremonies, the Bureau of Labor Statistics has some depressing news about employment statistics. In April, the legal services sector lost 1,500 jobs. Thus far, the only month in 2016 when jobs were added in the legal services sector was March. Well… this really isn’t very encouraging. [Am Law Daily]
* “It’s been one step forward, two steps back since [2009].” The job market for law school grads is still challenging, but due to the fact that class sizes are smaller now, job prospects may seem a bit brighter for some. Are things really looking up? This John Marshall Law grad — with a job! — thinks things are going to be fine. [Chicago Tribune]
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Morning Docket
Morning Docket: 05.06.16
* “I find it highly amusing and somewhat heartening to know that Donald Trump is indirectly subsidizing the defense of undocumented immigrants.” Jones Day may be representing presumptive Republican presidential nominee Donald Trump, but the firm is also fighting for the rights of more than 100,000 undocumented refugees, all of whom Trump would likely want to see deported if he were to be elected as president in November. [Yahoo!]
* Believe it or not, but Donald Trump’s political career in the Republican Party closely tracks that of a Biglaw legend of the bar. In 1940, Wendell Willkie of Willkie Farr & Gallagher fame was an outsider presidential candidate with absolutely no public service experience to his name — just like Trump. Willkie later went on to lose the election, and only time will tell if Trump will suffer a similar fate in Election 2016. [Big Law Business]
* Professors at George Mason University have demanded that the law school’s renaming to honor the late Antonin Scalia be delayed until school leaders answer their questions about the funding of scholarship monies being tied to the ongoing service of the current dean, but according to law school senior associate dean David Rehr, “[e]ven with this action, we are moving forward … and expect a favorable resolution.” [Washington Post]
* After receiving the largest gift in its history, Pace Law has been renamed in honor of an environmentalist, and will now be known as the Pace University Elisabeth Haub School of Law. The donors do not want the amount of their gift to be disclosed, but Pace says it’s comparable to the $30 million and $25 million gifts George Mason and Villanova respectively received for their recent name changes. Congratulations! [WSJ Law Blog]
* The trial between Sumner Redstone and Manuela Herzer over the media mogul’s mental competence is slated to begin today and will last for a week. With lurid allegations about the 92-year-old’s supposed sexual proclivities, his penchant for eating steak through a feeding tube, as well as his incontinence, this is sure to be an incredibly salacious matter that will play out in the public eye. [DealBook / New York Times]
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In-House Counsel, Litigators, Trials
3 Thoughts On Trial Experience
If you have the opportunity to get trial experience, don't lightly pass it by. -
Boutique Law Firms, Litigators, Small Law Firms, Trials
Look To A Rabbi To See How To Advocate
While "What Would Jesus Do" might not be a completely adequate principle of advocacy, lawyers who try cases, to juries in particular, can learn a lot from Jesus’s storytelling tradition. -
Technology
Today's Tech: Trial Technology In The Classroom And Courtroom
Why is this technology so beneficial to lawyers? It simplifies and organizes the trial presentation process and provides information in a way that is easily digestible by jurors. -
Technology, Trials
Tech In Trial (Part 3): PowerPoint's New Killer Feature
PowerPoint presentations don't have to be boring -- and a new feature called Morph should help on this front. -
Minority Issues, Women's Issues
The Curious Case Of Ellen Pao, One Year Later
In 2015, diversity and inclusion were quite the buzzwords in the tech and legal industries; in 2016, can diversity and inclusion initiatives have a real, significant impact on the data in our profession? -
Boutique Law Firms, Litigators, Small Law Firms, Trials
Even When On Trial, The Preparation Is Not Over
For trial lawyers, it is important to remember that the preparation for any evidentiary hearing is not over until the door closes on the courtroom or the arbitration hearing center on the very last day.