* “This is a total victory not just for the C.F.T.C., but also for financial reform.” Regulators, mount up, because you basically just got a free pass to do your jobs and keep a more watchful and vigilant eye on Wall Street. [DealBook / New York Times]
* Last year, China officially surpassed the United States in terms of the number of patent applications filed. China’s probably surpassed the United States in terms of patents infringed, but that’s neither here nor there. [National Law Journal]
* And now we see why St. Louis University School of Law’s interim dean said he’d be donating his salary to the school. He’s no “butt boy” — he’s settled $25M worth of cases since the fall. [Madison-St. Clair Record]
* “Help me, I’m poor”: the Huffington Post’s army of unpaid bloggers will continue to be unpaid, because the Second Circuit recently affirmed the S.D.N.Y.’s decision to toss out their case. [WSJ Law Blog (sub. req.)]
* Diane von Furstenberg, the fashion designer behind luxury brand DVF, is suing an ex-distributor for selling her wares on the cheap to the likes of TJ Maxx and Marshalls. Ugh, cringe… that’s très déclassé. [Bloomberg]
* If you swap out a menorah and put in a dreidel, does your Hanukkah display avoid violating the Establishment Clause? I know, I know, WAR ON HANUKKAH. [Huffington Post]
* I wonder why Martha Minow (law dean, HLS) or Robert Post (law dean, YLS) doesn’t write an op-ed defending the value proposition of going to law school? Wouldn’t you like to hear this argument from somebody who isn’t desperate to fill their class seats? [Constitutional Daily]
* Isn’t the concept of the “last meal” the best thing about death row? Granted, that’s a low bar, but still. Having a last meal sounds so civilized. No wonder Texas and Florida want to take it away. [Legal Blog Watch]
* Do patent trolls have a weakness to fire, just like videogame trolls? Because, I’d like for them to get burned. [Business Insider]
* The fact that voter suppression doesn’t work doesn’t make it right. [Election Law Blog]
* Ignoring losses until they go away sounds like the basis of any sound financial strategy. [Dealbreaker]
Besides their good looks and fame, they’re also increasing their focus on data security. In the wake of “Celebgate,” the Sony Pictures hack, and nearly daily data breaches targeting massive corporations to individuals, law firms are finally recognizing the importance of bringing their cybersecurity policies up to speed.
If you’re smart enough to get a job at Cravath, you should be smart enough to keep client confidences, right?
* Better late than never: congratulations to everyone who passed the New Jersey bar exam. You’re just in time to get in on some Sandy class-action litigation. [New Jersey Board of Bar Examiners]
* Congratulations to all the honorees from the National Asian Pacific American Bar Association conference in D.C. last weekend — including, but not limited to, the Best Lawyers Under 40 awardees. [NAPABA]
* And congrats to Professor Sherrilyn Ifill, incoming president and director-counsel of the NAACP Legal Defense & Educational Fund, Inc. [Concurring Opinions]
* Does every bra made in America have Gloria Allred’s phone number sewn into it? [WSJ Law Blog]
* Who is “Portfolio Manager A” in the latest major insider-trading scandal? [Dealbreaker]
* You don’t need to be a dog lover to find these allegations abhorrent. [Alabama Live]
* Want to avoid dating Democrats (or Republicans)? There’s an app — okay, two websites — for that. [Jezebel]
* After the jump, Jeffrey Toobin and Alan Dershowitz discuss Obamacare….
Toobin is the author of The Oath (affiliate link). Dersowitz is the new owner of a $1.7 million Manhattan apartment. Their conversation took place last Friday, November 16, at the 92nd Street Y.
A prominent M&A lawyer leaves his law firm not for an investment bank — he’s already done that before — but for something very different. Where’s he going?
* Only 44% of Americans approve of how the Supreme Court is doing its job, but that’s probably because the other 56% wouldn’t know what the Supreme Court was unless the justices were contestants on a reality show. [New York Times]
* Having nothing to do with the outcome of this Tenth Circuit appeal, apparently a juror in the underlying case had no idea when the First Amendment was adopted. As Bush II would say, is our children learning? [U.S. Tenth Circuit / FindLaw]
* Who’s going to win the “Super Bowl” of Android patent trials? Nobody. Judge Richard Posner has issued a “tentative” order which noted that both sides of the Apple/Google case ought to be dismissed. [Reuters]
* You should’ve “known better”: in case we didn’t make it abundantly clear when we spoke about NALP’s data for the class of 2011, the job market for new law grads is being classified as “brutal.” [National Law Journal]
* U. Chicago Law revolutionized the field of law and economics, but much to their school’s, everyone else copied them. Now they’re thinking up new ways to do the same things. Gunners gotta gun. [Businessweek]
* Say hello to Mary Lu Bilek, the woman who’s been appointed as the new dean of UMass Law. Hopefully she’s not keen on using school credit cards for personal spending like the last dean. [Wall Street Journal]
* Occupy Wall Street protesters can’t sue NYC, its mayor, or its police commissioner, but they can sue the police. And with that news, “F**k tha Police” was sung in drum circles across the tri-state area. [Bloomberg]
Government work doesn’t pay particularly well. So how can a federal prosecutor afford to live in a $25 million apartment?
Attorney Misconduct, Books, California, Canada, Constitutional Law, Department of Justice, Family Law, John Edwards, Legal Ethics, Morning Docket, SCOTUS, Supreme Court, Tax Law, Trials, Wall Street, Weddings
* In a Supreme Court decision split across gender lines, prosecutors can now get a do-over on criminal charges without double jeopardy, even if an otherwise deadlocked jury unanimously rejected them. [New York Times]
* And yet another day ended without a verdict in the John Edwards campaign finance trial, but the jury asked to review every exhibit in the case. The former presidential candidate must feel like he’s being punk’d. [CNN]
* The DOJ found that two prosecutors in the Ted Stevens case committed reckless professional misconduct punishable by unpaid time off. Looks like they’ll be getting an extended Memorial Day break. [Blog of Legal Times]
* Hot on the heels of Obama’s announcement in support of gay marriage, yet another California judge has found that DOMA is unconstitutional (along with a provision of the tax code). [Poliglot / Metro Weekly]
* Occupy Wall Street is suing for $48K over the destruction of the group’s “People’s Library” after their eviction from Zuccotti Park. But let’s get real, who wants used books that reek like patchouli and pot? [Bloomberg]
* More than one million “de facto spouses” in Quebec may soon be automatically married by the state against their will. Imagine how much fun it’ll be to get a divorce from someone you never actually married. [Slate]
* Two waitresses who claim they were fired for complaining about their former employer’s “no fatties” policy will get to bring their $15M lawsuit before a jury. Hopefully Peter Griffin isn’t a juror. [Law & Daily Life / FindLaw]
Was the offering memo for Dewey & LeBoeuf’s 2010 private placement materially misleading? And what does the document reveal about the firm’s finances?
* California is cutting prisons. That’s step one. Step two is to shuttle all the prisoners to Los Angeles. Step three involves a series of earthquakes… [McClatchy]
* Private equity billionaire Stephen Schwarzman isn’t into 50 Shades of Grey (affiliate link). But David Lat apparently is. I dunno, if you are going to bother with that kind of stuff, you might as well hit Brazzers and get it over with. [Dealbreaker]
* I’m all for making sure that the Violence Against Women reauthorization prevents violence against women, not annoyances against women, or criticism against women. [The Volokh Conspiracy]
* Speaking of violence against women, I never blame the victim, but dating gun-toting dumbasses rarely helps matters. [Legal Blog Watch]
* @chrisdanzig: Stop bullying Obama @realjonlovitz. Leave him alone. Leave Obama alone! [Huffington Post]
* What do Vladimir Putin and former Dewey partner John Altorelli allegedly share in common? [New York Post]
What did the Second Circuit have to say about Judge Jed Rakoff’s rejection of the SEC’s settlement with Citigroup? Let’s say they’re not huge fans of his legal analysis.