[T]here’s been a very significant retrenchment of resources journalistically at the Supreme Court, and we’re going in the opposite direction. We’re putting more work into covering the Supreme Court than anyone in history.
As the Chief Justice announced at the start of today’s session of the Supreme Court, October Term 2011 is concluded; October Term 2012 has commenced.
And what a commencement it was. Stars of the Supreme Court bar flooded into One First Street N.E. to welcome the start of the term — and also because of the massive amount of corporate amicus work brought on by Kiobel v. Royal Dutch Petroleum.
There were two cases up for argument today. One involved whether you can sue a company with a U.S. subsidiary for very bad things it does in cahoots with the Nigerian government. The other was over the scope of federal admiralty jurisdiction….
Right now is a great time to be a Supreme Court aficionado. There’s a big new book out about the Court, Jeffrey Toobin’s The Oath (affiliate link). And the new SCOTUS Term starts in just a few days, on Monday, October 1.
Given the time of the year, it’s not surprising that SCOTUS preview events are as common as Ninth Circuit reversals pro se cert petitions. I attended one sponsored by the Federalist Society earlier this month, where Kannon Shanmugam of Williams & Connolly offered excellent insights into October Term 2012. Our Supreme Court correspondent here at Above the Law, Matt Kaiser, went to a preview talk sponsored by the American Constitution Society (which he turned into Kaiser’s Guide To Bluffing Your Way Through Knowledge About The Supreme Court’s New Term).
That sounds like more than enough SCOTUS previews. But I couldn’t help myself from attending one more, due to the starpower of the panelists: Paul Clement, the former solicitor general who’s now a partner at Bancroft, and Tom Goldstein, the noted Supreme Court advocate and founder of the invaluable SCOTUSblog.
What did Messrs. Clement and Goldstein have to say about OT 2012?
This morning saw significant activity at the U.S. Supreme Court. Although we did not get a ruling in the health care reform case (aka Obamacare), SCOTUS did hand down a number of important opinions. Check back later today, when we expect to have color commentary from our Supreme Court correspondent, Matt Kaiser, who attended the proceedings in person.
In the meantime, here’s a quick and dirty summary of what transpired at One First Street this morning, including links to the underlying opinions. The most high-profile case was the Court’s decision on the controversial Arizona immigration law, but there were other major cases that were resolved today as well….
Superstar Supreme Court litigator Thomas Goldstein — who has argued 22 cases before the high court, racked up numerous honors from legal and general-interest publications, and, most importantly, served as a judge of ATL Idol — is leaving Akin Gump. Goldstein has led the powerhouse firm’s Supreme Court and appellate practice and serves as presiding co-leader of the firm’s litigation management committee. He arrived at Akin four and a half years ago, back in May 2006, to much fanfare.
Why is Tom Goldstein leaving Akin Gump? And where is he headed?
A few weeks ago, we were emailing with one of our sources about an interesting fact we noticed, based on Above the Law’s real-time coverage of Supreme Court clerk hiring. The fact: thus far, Justice John Paul Stevens has hired just one law clerk for October Term 2010 (Sam Erman (Michigan 2007 / Garland)).
We didn’t write about it at the time, because OT 2010 is still a year away, and it seemed a bit speculative to make much of it so far in advance. But others noticed this fact too — and were faster on the trigger about it. Like the AP:
Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court’s liberals will retire next year.
If Stevens does step down, he would give President Barack Obama his second high court opening in two years. Obama chose Justice Sonia Sotomayor for the court when Justice David Souter announced his retirement in May.
Souter’s failure to hire clerks was the first signal that he was contemplating leaving the court….
Indeed. We started the speculation about Justice Souter’s retirement back in April 2009, over at Underneath Their Robes, based in part on his lack of law clerk hiring (and based in part on a sighting of him with Senator Pat Leahy).
But back to Justice Stevens:
In response to a question from The Associated Press, Stevens confirmed through a court spokeswoman Tuesday that he has hired only one clerk for the term that begins in October 2010. He is among several justices who typically have hired all four clerks for the following year by now. Information about this advance hiring is not released by the court but is regularly published by some legal blogs.
Cough cough — like Above the Law?
Commentary from expert observers, plus a reader poll, after the jump.
We’re quite talented at bringing you last week’s news. See, e.g., our ridiculouslyextensive coverage of the Battle of the Law Firm Bands.
The main reason for our D.C. visit was not the Battle of the Bands, but the national convention of the American Constitution Society (ACS) — the left’s answer to the Federalist Society. With the Democrats in control of both Congress and the White House, this year’s conference was well-attended and celebratory. There was even an upgrade in venue, from the Hyatt Regency to the Mayflower Renaissance.
(Was Eliot Spitzer on the program committee? Or did ACS go with the Mayflower because it’s the traditional venue for the annual conference of the Federalist Society?)
The first plenary panel of this year’s ACS conference featured a star-studded cast:
Judge Rosemary Barkett, U.S. Court of Appeals for the Eleventh Circuit
Judge Jeffrey S. Sutton, U.S. Court of Appeals for the Sixth Circuit
Thomas C. Goldstein (moderator), Akin Gump Strauss Hauer & Feld LLP
Pamela Harris, O’Melveny & Myers LLP
Pamela S. Karlan, Professor of Law, Stanford Law School
Goodwin A. Liu, Associate Dean and Professor of Law, University of California Berkeley School of Law
John Payton, President and Director-Counsel, NAACP Legal Defense and Educational Fund
Read our write-up, after the jump.
“My Gump, my Gump, my lovely Akin Gump. Check it out….“
What’s going on at Akin Gump? That seems to be what many of you are wondering, based on some comments posted to a recent open thread featuring the firm:
“What is happening to Akin Gump DC? I saw that a bunch of lit partners just left.”
“I’ve heard the same thing…. Akin appears to be losing tons of partners and the DC office is rumored to be in turmoil. It does, however, have Tom Goldstein, which is sure to attract gunners who think they’ll be arguing cases in three years.”
“I read somewhere that the changes at Akin are part of some larger strategic plan. Anyone know anything about that?”
As a matter of fact, yes — Kim Eisler does. He writes, over at Washingtonian:
Over the past few months, 950-lawyer Akin Gump Strauss Hauer & Feld has lost about 45 lawyers, including two of its rainmakers, Michael Madigan and Richard Wyatt Jr. Tensions are said to be high, with partners in the New York office unhappy that the Washington lawyers are not producing their share of revenue. To increase productivity, Akin Gump pushed out 5 percent of its lawyers who, in management’s view, were not generating enough income. The firm also closed its office in Taipei, one of 12 it maintained outside of Washington, and insiders predict the money-losing Beijing office will be next to go. The China offices have been expensive failures in the eyes of New York partners, who are pressing Washington to stop the bleeding….
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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