Trials

* Earlier this week, Verizon faced off against the Federal Communications Commission in a net neutrality battle royal before the D.C. Circuit. Next time, make FiOS work before trying to get a do-over on the way the internet runs. [New York Times]

* “I see my job as an air traffic controller. And I see an unending line of airplanes.” Federal judges are buckling under the heavy weight of their caseloads, and from the sound of it, they’re not at all happy about the situation. [National Law Journal (sub. req.)]

* Which Biglaw firms strike the most fear into the hearts of their opponents when it comes to litigation? One firm got the boot from last year’s list, and we’ll have more on this later today. [Law360 (sub. req.)]

* Duane Morris is the first U.S. firm to open an office in Myanmar on some prime real estate. Be jealous of their associates as they bask in the splendor of its beautiful architecture. [Philadelphia Business Journal]

* A trio of Quinn Emanuel partners, including John Quinn himself, teamed up to open a high-class sushi joint in L.A. If he waits tables, he’ll definitely need someone to break a hundred. [Am Law Daily (sub. req.)]

* The Sixth Circuit affirmed the dismissal of a former student’s suit against Thomas M. Cooley Law School, and now he’ll have to live with shame for all eternity after being branded a cheater. [Law360 (sub. req.)]

* Strippers aren’t independent contractors, they’re employees entitled to minimum wage, says a judge. Taking off their clothes for only $7.25 an hour will do wonders for their self-esteem. [New York Daily News]

* Lady Gaga is being taken to trial over the wage-and-hour lawsuit filed by her former personal assistant. We wonder if the pop star will be as foul-mouthed on the stand as she was in her deposition. [ABC News]

Words are like bullets.

There’s a great episode of 30 Rock where Twofer (the black character who went to Harvard) gets offended when Tracy Morgan (the black character who did not go to Harvard) says “the n-word” to him, colloquially, as black people allegedly say to each other based on movies and music. Twofer threatens to sue Tracy Morgan for workplace harassment, while Tracy argues that it’s okay for black people to use the word. Then there’s a great, great scene where Tina Fey, Alec Baldwin, and Tracy Morgan try to get Twofer to say the word too.

It doesn’t go well. He says it, Morgan threatens to punch him, and Fey says, “It just sounds so hateful coming from you.” The scene pretty much explains why I personally don’t use the word. I don’t say it around white people, I don’t say it to other black people, I don’t use it when I’m getting a haircut, and I don’t use it around the dinner table with my family at Thanksgiving. It’s not a word that I can “pull off” (I can pull it off in writing when I use it ironically, I think), and I’m totally okay with that.

Don’t get me wrong, I’m not one of those people who sees intense hypocrisy in the fact that some black people can and do pull it off while no white person (outside of Louie C.K. and maybe Bill Maher) is allowed to try. White people got a 400-year head start in the New World, and black people can deploy an extra noun when listening to Jay-Z. There are greater tragedies.

But the N-word is not a “professional” word, and I don’t think it should be used in that context. It doesn’t matter if you are black or white or from whatever racist planet Rush Limbaugh is from. At the point where you are using the n-word to talk to your employees, you need to help yourself to a thesaurus.

Apparently, there’s a jury of my peers who agrees with me…

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The eyes of the law in Idaho.

* If Biglaw firms wants to get back into a financial sweet spot like in their days of yore, they had better get in on these billion-dollar international arbitrations while the getting is good. [DealBook / New York Times]

* Women lawyers, please take note: your future depends on it. Apparently the key to making partner in Biglaw is to get the backing of general counsel at big money corporate clients as a gender. [Corporate Counsel]

* ¡Ay dios mío! ¡Escándalo! Holland & Knight yoinked 10 attorneys, including three partners, right out from under Chadbourne & Parke’s nose to open up its new Mexico City office. [South Florida Business Journal]

* “If we actually got another million dollars going forward to spend on something, is the highest and best use to produce attorneys?” Even in a flyover state like Idaho, the answer to that question is a resounding yes when it comes to law school expansion. [Spokesman-Review]

* “A jurisprudence of ‘don’t ask, don’t tell’ does not properly safeguard [a defendant's rights].” California Justice Goodwin Liu is raging against policies on race-based peremptory jury challenges. [The Recorder]

* “I’ve been doing Paula Deen in a strongly metaphorical sense.” The magnate of marmalade’s case may be settled, but that doesn’t mean sanctions have been taken off the table. [Courthouse News Service]

* The hefty price of killing? Following his acquittal in the death of Trayvon Martin, George Zimmerman is now asking Florida to pay for his legal expenses, to the tune of $200,000 – $300,000. [Orlando Sentinel]

* Should Eliot Spitzer have faced harsher sanctions for pounding hookers? It’s a pretty interesting question that we can all ponder for the next four years after Spitzer demolishes Scott Stringer in the Comptroller race. [Wise Law]

* Homeowners were forced to pay hundreds in legal charges for lawsuits that don’t really exist. Stay classy foreclosure practices. [Overlawyered]

* Blackacre: The Poem. [Poetic Justice]

* The New York State Bar says lawyers have a reasonable expectation of privacy if they use Gmail. Google disagrees. [3 Geeks and a Law Blog]

* A round-up of law school officials facing discipline for deceitful advertising. Take note deans. [TaxProf Blog]

* A woman is indicted for taking her 13-year-old daughter to get an abortion. And it’s not even Alabama. [Wild About Trial]

* Lawyer and witness repeatedly flip each other off during cross. Video after the jump…

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Following last month’s verdict, Bradley Manning has now been sentenced.

A military judge found the Army Private First Class — on trial for leaking documents to WikiLeaks — guilty of multiple espionage charges last month, though acquitted Manning on the most serious “we get to kill you now” charge of aiding the enemy.

The government sought 60 years (of a possible 90) in prison.

It fell a tad short…

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Yeah, yeah: That title caught your eye.

I thought about titling this column “Litigation Aphorisms,” but who the heck would have read it?

So I went instead with the first of three critical things you should know about litigation, all of which I learned from Neil Falconer when I practiced at the 20-lawyer firm of Steinhart & Falconer in San Francisco back in the 1980s. (I also dedicated The Curmudgeon’s Guide to Neil. He wasn’t a “mentor”; he just accidentally taught young lawyers by osmosis what it meant to be a lawyer.)

Neil’s first aphorism was this: “Never tell a small child not to stick peanuts up his nose.”

Why does that matter?

Or maybe I should start with a more basic question: What the heck does that mean?

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* The speed (or lack thereof) of justice: The DOJ filed suit against Bank of America, alleging that the bank defrauded mortgage-backed securities investors in 2008. [DealBook / New York Times]

* Sri Srinivasan, the newest member of the D.C. Circuit’s bench, is getting ready to hear his first arguments, while litigants try to commit the spelling of his last name to memory. [Legal Times]

* The LSAT is not to blame for the dearth of minority enrollment in law schools, said a UVA Law professor, and then a Cooley Law professor had to swoop in to slap him down. [National Law Journal]

* After teaming up with Touro, the University of Central Florida is working with Barry on an accelerated degree program. The dean of FAMU is upset. Don’t worry, you’ll get your turn, too. [Orlando Sentinel]

* New Jersey is in no rush to legalize gay marriage. To support their views, officials point out that people with civil unions are just like married couples — except for the married part. [New Jersey Law Journal]

* Meanwhile, a judge in Illinois will decide whether she’ll dismiss a challenge to the state’s gay marriage ban by the end of September. In her defense, early fall is a great time for a wedding. [Daily Herald]

* Belvin Perry, the judge who presided over the Casey Anthony murder trial, may be getting his own Judge Judy-esque television show. Oh, Flori-duh, you never, ever cease to entertain us. [MSN News]

Fabrice Tourre

At the end of the day, he probably could have done the right thing. But he chose to play the game. It didn’t leave me feeling good about Wall Street.

– Evelyn Linares, a 61-year-old principal who served as a juror in the Fabrice Tourre civil fraud trial, sharing her feelings about Fabulous Fab — he “disappointed” her — after the verdict was announced.

On Tuesday, Army Colonel Denise Lind found Private First Class Bradley Manning guilty of 17 of 21 counts of charges related to Manning’s leak of some 700,000 classified documents to the website WikiLeaks. (See here for Alexa O’Brien’s helpful graphical summary of the counts and here for Freedom of the Press Foundation’s full trial transcripts.) Although Colonel Lind did not find Manning guilty of charges of “aiding the enemy,” she found him guilty of seven of eight counts of violating the Espionage Act for leaking intelligence “with reason to believe such information could be used to the injury of the U.S. or the advantage of any foreign nation.” Manning was also found guilty of “wrongfully and wantonly” causing to be published on the internet intelligence belonging to the U.S., “having knowledge that intelligence published on the internet is accessible to the enemy.” Sentencing proceedings, which progress rapidly in the military justice system, began Wednesday. Manning faces a possible 136 years in military prison.

Manning’s detailed statement offered to the court martial in February explains how a gawky, barely post-pubescent Army intelligence analyst from Oklahoma came to publicize virtual reams of national security security secrets with which his country had entrusted him. Manning said: “I believed that if the general public, especially the American public, had access to the information contained within [the military’s own databases], it could spark a domestic debate on the role of the military and our foreign policy in general as it related to Iraq and Afghanistan.”

Bradley Manning wanted to spark a debate. Like a high school civics teacher trying to rouse his dozing students, he wanted to get us all talking. See? He’s not a turncoat willing to endanger the lives of Americans or a vainglorious and disgruntled soldier. He’s just a patriotic facilitator of conversation.

Rubbish. Manning’s acts were, at best, absurdly naive, and at worst, paternalistic and hubristic….

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Bradley Manning’s convictions today include 5 courts of espionage. A very serious new precedent for supplying information the press.

WikiLeaks, reacting on its Twitter feed to the verdict in the court-martial of Pfc. Bradley Manning. Manning was found not guilty of aiding the enemy but guilty of multiple counts of violating the Espionage Act.

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