Morning Docket

Morning Docket: 10.31.16

* The ABA Forum on Communications Law will publish First Amendment lawyer Susan Seager's Donald Trump "libel bully" article, despite its reservations about doing so -- reservations that resulted in a media firestorm. The ABA said the following: "Hopefully, this matter will shine a light on the problem of frivolous lawsuits that turn the justice system into a weapon that has a chilling effect on free speech." [ABA Journal] * Uh-oh! Following the abrupt departure of four of its senior partners, King & Wood Mallesons has opted to pause its partner recapitalization plan in order to reassess its financial footing. The firm believes it will take about four weeks to complete that process. "If I was a partner there I would be pretty worried," said a former partner. [Legal Week] * "I never thought that my restroom use would ever turn into any kind of national debate." The Supreme Court has taken up its first true transgender rights case. Many fear that the justices may return a 4-4 deadlock decision that will not create a nationwide precedent, but in that case, the Fourth Circuit's decision would be left in place. [Reuters] * "If these guys think they’re going to stonewall the filling of that vacancy..., then a Democratic Senate majority will say, 'We’re not going to let you thwart the law.'" Vice presidential candidate Tim Kaine says that should he and his running mate win the election, then his party will try to eliminate SCOTUS filibuster rules. [Huffington Post] * The Justice Department and "election year sensitivities": Some people are wondering why FBI Director James Comey decided to announce he'd essentially reopened the investigation into Hillary Clinton's emails -- but had he waited to disclose the information, the FBI's credibility could have been called into question. [WSJ Law Blog] * James Gilliland Jr., Kilpatrick Townsend & Stockton intellectual property litigation partner, RIP. We'll have more on his untimely death later today. [CBS San Francisco]

By Staci Zaretsky on October 31, 2016 8:55 am

Donald Trump with Fingers* The ABA Forum on Communications Law will publish First Amendment lawyer Susan Seager’s Donald Trump “libel bully” article, despite its reservations about doing so — reservations that resulted in a media firestorm. The ABA said the following: “Hopefully, this matter will shine a light on the problem of frivolous lawsuits that turn the justice system into a weapon that has a chilling effect on free speech.” [ABA Journal]

* Uh-oh! Following the abrupt departure of four of its senior partners, King & Wood Mallesons has opted to pause its partner recapitalization plan in order to reassess its financial footing. The firm believes it will take about four weeks to complete that process. “If I was a partner there I would be pretty worried,” said a former partner. [Legal Week]

* “I never thought that my restroom use would ever turn into any kind of national debate.” The Supreme Court has taken up its first true transgender rights case. Many fear that the justices may return a 4-4 deadlock decision that will not create a nationwide precedent, but in that case, the Fourth Circuit’s decision would be left in place. [Reuters]

* “If these guys think they’re going to stonewall the filling of that vacancy…, then a Democratic Senate majority will say, ‘We’re not going to let you thwart the law.'” Vice presidential candidate Tim Kaine says that should he and his running mate win the election, then his party will try to eliminate SCOTUS filibuster rules. [Huffington Post]

* The Justice Department and “election year sensitivities”: Some people are wondering why FBI Director James Comey decided to announce he’d essentially reopened the investigation into Hillary Clinton’s emails — but had he waited to disclose the information, the FBI’s credibility could have been called into question. [WSJ Law Blog]

* James Gilliland Jr., Kilpatrick Townsend & Stockton intellectual property litigation partner, RIP. We’ll have more on his untimely death later today. [CBS San Francisco]

Staci Zaretsky is an editor at Above the Law. Feel free to email her with any tips, questions, or comments. Follow her on Twitter or connect with her on LinkedIn.