* The Fifth Circuit is allowing the Texas voter ID law to be enforced during the upcoming election, even though it was recently struck down by a federal judge. After all, “preserving the status quo” is very important down south. [Bloomberg]
* We suppose that’s why the Supreme Court stepped in to make sure that abortion clinics in Texas were allowed to reopen following their shut down. Take that, Fifth Circuit. [New York Times]
* AG Eric Holder is showing off some fancy legal footwork before he walks out the door. Federal prosecutors can no longer ask defendants to waive their IAC claims when pleading guilty. [WSJ Law Blog]
* It’s the debt: With headlines like “Law school applications plummet – at U of L too,” the University of Louisville School of Law can’t even convince alums from its undergrad school to attend. [Courier-Journal]
* Amal Alamuddin changed her name to Amal Clooney on her firm’s website. It’s as if she wants to rub the fact that she’s a human rights lawyer who just got married in everyone’s face. [New York Daily News]
* Most Americans want Supreme Court proceedings on video. Because C-SPAN is so popular. [Legal Times]
* It was bound to happen at some point. Eastern District of Louisiana Judge Martin Feldman, who you might remember from lifting the Gulf of Mexico drilling moratorium while holding thousands in oil drilling assets (which he sold the morning that he issued his decision), became the first judge since Windsor to uphold a ban on same-sex marriage as constitutional. [National Law Journal]
* Need white-collar representation? Milbank has Apps for that. Specifically, Antonia Apps, the federal prosecutor who took a leading role in the SAC Capital Advisors insider trading case, is decamping to Milbank. [Reuters]
* “What’s it like to be the lawyer for Mark Cuban or Jerry Jones? Depends if you’re winning.” I don’t know about that, Jerry Jones seems to be getting pretty used to accepting failure. [Dallas Business Journal]
* Gibson Dunn has left New York’s teacher tenure battle, leaving the job of gutting public education in the state to Kirkland & Ellis. [New York Law Journal]
* A professor carrying a concealed handgun shot himself in the foot. But remember the answer to school shootings is making sure all the teachers are armed. [TaxProf Blog]
* More Squire Patton Boggs defections: At least a dozen members of the IP group have bolted the newly-merged firm to open a D.C. office for Porzio, Bromberg & Newman. [Washington Post]
* Lawyer busted for impersonating a Transformer. On that note, what would be the best name for a Transformer lawyer? Atticus Prime? L-Woods? Paddotron, who transforms into a clock that only measures tenths of an hour? [Jonathan Turley]
* Did you think your studying for the MBE could have used more original songs as study aids? Well, if so, you’re in luck because there’s an app called Study Songs that sets legal rules to music to help you remember. [Bar Exam Toolbox]
* New York courts are getting more and more fed up with the lack of relief available when lenders flaunt the law. [New York Law Journal]
* We’ve talked about litigation financing in the abstract before, but how can litigation financing help injured workers specifically? [LFC360]
* In sad news, Sher Kung — part of the trial team that took down the military’s “Don’t Ask, Don’t Tell” policy, and recently of Perkins Coie — was killed in a cycling accident on Friday. [Seattle Times]
Mindy Kaling and Preet Bharara at the Harvard Law School commencement.
The legal world doesn’t have too many “crossover celebrities,” figures who are big enough to be known outside our little corner of the world. We can all think of a few — Alan Dershowitz, Judge Judy, Supreme Court justices (arguably) — and not all of them are awesome (cough cough, Nancy Grace).
One of the youngest crossover celebrities is Preet Bharara, U.S. Attorney for the Southern District of New York. He’s been on the cover of Time magazine. He’s attended the Vanity Fair Oscars party.
Bharara is best known for his crackdown on Wall Street abuses and insider trading, but he’s a fun person underneath the prosecutor’s dark suit. Yesterday the New York Times ran an interesting profile of Bharara. Here are some highlights….
I’m a technology geek. I’m cognizant of the argument that a not entirely thought-out prosecution could lead to the suppression of ideas and technology, and I have no desire to do that.
– Wesley Hsu, chief of the cybercrime unit at the U.S. Attorney’s Office in Los Angeles, explaining his approach to prosecuting cases. You can check out Kashmir Hill’s interesting profile of Hsu over at Forbes.
There are lots of reasons to hate criminal forfeiture. You could dislike forfeiture because of the way law enforcement uses it to target poor people, the way law enforcement takes small sums of money that no reasonable person would fight over, the way some law man down south threatened parents with choosing between being arrested and having their kids put in foster care or forfeiting their cash, or even the way it creates insane incentives for cops to fund themselves by taking money from people whether they ought to or not. (For examples of this stuff, see either The New Yorker or The Daily Show, depending on whether you’re currently trying to impress someone).
Law enforcement wants that forfeiture money. And, as the examples above show, they’re going to do a lot to get it.
Though now, in Baltimore, a forfeiture case has led to an allegation that a federal prosecutor knowingly produced a forged document in a case.
If you believe a law enforcement officer’s testimony under oath.
In the federal criminal world, there are certain cases where the government almost always wins.
Illegal reentry for a previously deported person, for example, is pretty close to a lock for a government win — all the government has to show is that the person isn’t a citizen, was previously deported, and is in the United States again. If the dude’s in the courtroom, the government is a third of the way there. For example, in the last fiscal year, there were 20,840 folks charged with illegal reentry. Four of them were acquitted at trial.
Similarly, bank robbery is a high-percentage game for the government. These days, most banks have amazing technology that lets them record pretty much everyone inside. Last fiscal year, 896 people were charged with bank robbery. One lucky guy was acquitted.
These days, federal law enforcement is using wiretaps and, according to the Wall Street Journal, old-school sting operations, to go build white-collar cases (it’s a pretty cool article — very cloak and dagger). The strategies that got the federal government the conviction rate it has in drug and gun cases are being applied to investment fraud and insider trading cases.
This is one reason that insider trading cases have looked like as much of a layup as a bank robbery case. The U.S. Attorney’s Office in the Southern District of New York has secured a record of 85 convictions in either guilty pleas or trials without a single loss.
* Funny that SCOTUS just struck down a law imposing a 35-foot buffer zone around abortion clinics, yet it heavily enforces its own buffer zone. Some call it “supreme irony.” [WSJ Law Blog]
* Despite the slacking demand for legal services — down by 8.8 percent in terms of billable hours — members of the Am Law 100 still managed to keep their heads above water. [Am Law Daily]
* Lorin Reisner, chief of the criminal division of S.D.N.Y.’s USAO and Preet Bharara’s right-hand man on Wall Street convictions, is leaving for greener pastures at Paul Weiss. Congrats! [Reuters]
* New York State’s highest court has rejected New York City’s ban on gigantic drinks that was previously proposed by Mayor Michael Bloomberg. Go on, have yourself a nice Quadruple Big Gulp. [Bloomberg]
* When the long arm of the law flushes the toilet, it sometimes explodes, raining down jagged shards of justice. But on a more serious note, we’re happy no one was hurt at this courthouse. [Billings Gazette]
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.