Trials

James Holmes

* For the first time ever, someone managed to record secret video footage at SCOTUS during oral arguments — and, of course, it’s secret video footage of the McCutcheon protestor’s outburst. You can check it out after the jump. [Reuters]

* After a brief hospitalization yesterday, Attorney General Eric Holder was discharged from the hospital with a clean bill of health. It looks like he won’t have to go to one of those Obamacare death panels after all! [Washington Post]

* “The trajectory of an associate in a law firm has changed irreversibly.” Ain’t that the truth. But seriously, what happened to all of the Biglaw lawyers who were Lathamed way back in 2009? Here are some of their stories. [Am Law Daily]

* More law schools are trying to convince students to attend by offering scholarships. Tulsa will toss you cash if you’re from the sticks, and TJSL will guarantee you money if you’re smart. [National Law Journal]

* A trial date has been set for accused Colorado movie theater shooter James Holmes. Get ready to see this crazy face on HLN 24 hours a day while Nancy Grace offers her ever insightful commentary. [CNN]

(Keep reading to see the now legendary Supreme Court oral argument protest footage.)

double red triangle arrows Continue reading “Morning Docket: 02.28.14″

Lisa Kudrow

You really in real life bear no relationship to the character Phoebe, right?

Mark Baute, attorney for Scott Howard, while cross-examining “Friends” star Lisa Kudrow on the witness stand earlier this week. Baute accused Kudrow of “pretending to be dumb” and acting like her well-known character, Phoebe Buffay, during her testimony.

(Howard served as Kudrow’s manager during her time on the show, and claims he’s owed more than $1.7 million in residuals. A jury returned a verdict in Howard’s favor today.)

Kristen Saban

* Justice Scalia apparently has an ulterior motive for his hatred of deep-dish pizza: “He’s just trying to undermine Barack Obama because he’s a Chicago guy.” God, can’t the guy just like New York style pizza better? Come on. [WSJ Law Blog (sub. req.)]

* Now that the Federal Communication Commission’s net neutrality rules have been smacked down by the D.C. Circuit, the agency is going to start from scratch and come up with some new ones. Yeah, good luck with that. [National Law Journal]

* “Roll your window up, ignore the taunting, put your car in reverse, move a parking spot over.” These are some of the ways you can avoid killing black teenagers over loud music, says a Michael Dunn juror. [CNN]

* The toupee gave it away: A lawyer who used to work as an i-banker at Stratton Oakmont is suing for defamation over a character he claims was modeled after him in the “Wolf of Wall Street.” [ABC News]

* The lawsuit filed against Nick Saban’s daughter by her sorority sister was tossed under Alabama’s “stand your ground” rule over her objections that she was kind of like a defenseless receiver. [Associated Press]


Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual. We will be back in full force tomorrow.

* With a perfect record for equality post-Windsor and four appellate courts soon set to rule, it looks like the Supreme Court will get a second bite at the gay marriage apple by 2015. [National Law Journal]

* Per Am Law, Mayer Brown just posted its highest profits ever. Maybe that’s one of the reasons the NSA’s thunder from down under, the Australian Signals Directorate, was spying on it. [New York Times]

* For Asian American women, Biglaw’s “bamboo ceiling” may be just as tough to crack as its glass ceiling. What’s that? Find out by reading Helen Wan’s book, The Partner Track (affiliate link). [Washington Post]

* Haller Jackson, the law clerk accused of attempted aggravated rape of a minor, has been in and out of court. His defense team filed a motion to suppress a purported confession. MOAR info, plz! [Slabbed]

* Controversy alert: Michael Dunn was convicted of four out of five charges, including three counts of attempted murder, in Florida’s “loud music” trial, but the jury was hung on the murder charge. Lame. [CNN]

Trolls gotta troll, yo.

* This guessing game is over, even though we’d guessed this from the start. After decamping from the Securities and Exchange Commission, George Canellos will return to his old stomping grounds at Milbank Tweed. [DealBook / New York Times]

* You can’t insult Duke and get away with it. Kilpatrick Townsend & Stockton secured a one-year no-contact order against Chance Addison, the e-cig retailer who sent “menacing and harassing” emails and voicemails to a partner. [Winston-Salem Journal]

* Heenan Blaikie’s talks may have fallen through with DLA Piper, but another Biglaw firm swooped in to rescue more than 20 of the failed Canadian firm’s survivors. You can call Dentons their knight in shining billable hours. [Globe and Mail]

* You can’t always get what you want. Accused Boston Marathon bomber Dzhokhar Tsaernaev’s trial is scheduled for November 2014, despite his lawyers asking for a September 2015 start date. [Bloomberg]

* A Tennessee lawmaker just introduced the “Turn the Gays Away” bill, which would allow businesses to refuse goods and services to gay people. If this isn’t ‘MURICA, we don’t know what is. [MyFOX Memphis]

* “We have offered generous buyouts—generous by anyone’s standards—and we are now waiting for volunteers.” Yeah, good luck with that. Things don’t look great for profs at Albany Law. [WSJ Law Blog]

Wouldn’t it be great if you could just hang out in the venire assembly room and observe all the potential jurors? You could make note of conversations they have, what they’re wearing, books they’re reading, and generally get a head start on the opposition when it comes to evaluating preemptive strikes. If your firm hired a jury consultant, they could get a jump on working out the psychological profiles of the potential jurors.

That’s probably why courts don’t let lawyers hang out in the venire room.

But that didn’t stop one partner from sending his associate on a fact-finding mission against the court’s express rules. And now the whole Biglaw defense team faces a motion from a cranky adversary….

double red triangle arrows Continue reading “That’s One Way To Pick A Jury. Maybe An Unethical One, But It Is One Way.”

Mathew Martoma

This afternoon, here in Manhattan, a jury found former SAC Capital portfolio manager Mathew Martoma guilty of insider trading. The verdict wasn’t a shock, given the strong evidence against Martoma and the fact that another former SAC trader, Michael Steinberg, got convicted in December on weaker evidence.

The trial involved a number of boldface names of the legal profession. The office of U.S. Attorney Preet Bharara (S.D.N.Y.), one of our 2013 Lawyer of the Year nominees, was represented by assistant U.S. attorney Arlo Devlin-Brown, one of the office’s most prominent prosecutors (and a star of the college debate circuit, for those of you who used to do debate). Martoma was defended by a team from Goodwin Procter that included Richard Strassberg, an S.D.N.Y. alumnus, and Roberto Braceras, another former federal prosecutor — and the son-in-law of Judge José Cabranes. The prosecution’s lead witness, Dr. Sidney Gilman, was represented by Bracewell & Giuliani’s Marc L. Mukasey — son of former S.D.N.Y. judge and U.S. Attorney General Michael Mukasey.

And some of our readers might know Mathew Martoma. He was a student at Harvard Law School back in the 90s, before he got expelled for fabricating his transcript while applying for clerkships.

Here are some notable numbers relating to the Mathew Martoma mess:

double red triangle arrows Continue reading “The Mathew Martoma Case, By The Numbers”

Uhh… my bad.

The big news in “Justice” today is a new report from Professor Samuel R. Gross of the University of Michigan Law School showing that exonerations of convicted criminals are on the rise. Gross used data from the National Registry of Exonerations to determine that 87 prisoners were freed from wrongful convictions last year, the highest number in decades.

In a way, that’s good news. More exonerations suggest that more resources are being spent going back over closed cases and freeing people based on new or better evidence. But the report is also chilling proof that our criminal justice system gets things wrong, all the time, and innocent people go to jail because of it.

Instead of being obsessed with conviction rates, state bars might want to look into prosecutorial f**k-up rates. Because it is better that ten guilty persons escape than that one innocent suffer…

double red triangle arrows Continue reading “Instances Of Known Prosecutor FAILS Are On The Rise”

Amanda Knox

* Quinn Emanuel got a pretty harsh benchslap from Judge Paul Grewal over its litigation strategy in the Apple / Samsung case, calling it “650 lawyers wide and one lawyer deep.” Sick burn, Judge. [Courthouse News Service]

* At Cardozo Law, Jordan Belfort’s former lawyer says that the movie Wolf of Wall Street “played down the sex and drugs.” Dear Lord, if that’s the case, Leo’s muse should be happy he’s alive. [DealBook / New York Times]

* “I’ve been around the block. And I’ve never seen an attorney general sanctioned.” Ahh, the rarest rose. Nevada’s AG was sanctioned for failing to provide evidence in a fraud case against a mortgage lender. [Forbes]

* Eighteen people were arrested for their alleged attempts to market and sell Super Bowl “party packs” to football fans. It’s pretty sick, but you’d got to admit that hookers and blow beat wings any day of the week. [Bloomberg]

* Law schools in the Southeast closed their doors because their states were “unequipped for dealing with the roadways.” Send them up here, we’ve got school when there’s a foot of snow. [National Law Journal]

* A recent grad of a “good school” wanted to know how to get a job, so she asked an advice columnist. Here are five of the suggested jobs she probably already applied to and was rejected from. [Fortune]

* The third time’s apparently the charm in Italy: Amanda Knox was convicted of murder, again. Foxy Knoxy must be pissed that her case has turned into an extradition question on an international law exam. [CNN]

For your information, in case you’re not familiar with my process, I take copious notes during the testimony of each witness, and I would like to place into the record my personal notes of what happened that afternoon to reflect that I was not asleep.

I want to put this in the record as a Court exhibit to indicate what I was doing that afternoon. It was not sleeping. I was not sleeping.

– Senior Judge Ellen Bree Burns of the District of Connecticut, a nonagenarian, speaking in her own defense during an ongoing federal drug trial after members of the defendants’ families accused her of sleeping on the bench.

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