Benchslap Of The Day: Puerto Rico Not So Suave
"The district court’s ruling errs in so many respects that it is hard to know where to begin."
Morning Docket: 09.25.14
* Per the First Circuit, plaintiffs who successfully challenge the Defense of Marriage Act in court aren’t entitled to attorneys’ fees. The Department of Justice had no comment. [National Law Journal] * Florida Coastal Law finished second-to-last in bar passage for the July 2014 exam, with 58% of grads passing. It was one of Florida Coastal’s worst performances to date. [Florida Times-Union] * ASU Law got a $10M donation, its largest ever. “The remarkable thing about it is we didn’t ask him for it,” says the dean, which is a slightly better response than Drexel’s dean had. [The Republic] * Much to his defense team’s chagrin, accused Boston Marathon bomber Dzhokhar Tsarnaev’s trial will remain in Boston. The media spectacle is set to begin in January 2015. [New York Times] * Mike “The Situation” Sorrentino of Jersey Shore fame was indicted on tax fraud charges to the tune of $8.9M. He pleaded not guilty yesterday afternoon. There aren’t tanning beds in jail. :( [Asbury Park Press]
LexisNexis’ Practical Guidance Is Every Attorney’s Essential Concierge
This tool will — seamlessly and authoritatively — take you from initial research to final draft in just about any practice scenario.
Morning Docket: 05.23.14
* Congrats are in order for David Barron. The Harvard Law professor was confirmed to the First Circuit in a close vote (53-45), despite his apparent allegiance to our new drone overlords. [WSJ Law Blog] * Another one bites the dust: Weil’s London banking leader Stephen Lucas decamped for Kirkland & Ellis. The firm retorted by saying: “We have got 40 finance lawyers left.” Aww, yay for you. [The Lawyer] * We already know that state prosecutors are very poorly paid, but let’s go one step further and see if women are paid less than men. Shockingly enough, women are getting the shaft in Texas. [Texas Tribune] * Dean Jack Boger of UNC Law is stepping down, but he’s proud of keeping legal ed affordable. “[B]y relative standards, we’re still doing that,” he said. It’s ~$39K for out-of-state students. [Chapelboro.com] * O.J. Simpson’s lawyers submitted a gigantic legal doc in an attempt to get him a new trial for his armed-robbery case. Court word limit: 14,000. Words in the Juice’s motion: 19,993. Rules: LOL. [NBC News]
Non-Sequiturs: 05.19.14
* Justice Kagan received a Supreme Court fact check when she confused the site of the nation’s oldest standing synagogue with the home of the nation’s first Jewish community. At least she didn’t make a mistake about the actual law that she actually wrote. [WSJ Law Blog] * Justice Scalia may not understand how cell phones work, but even he gets net neutrality — because it’s a lot like pizza. [The Atlantic] * Marc Randazza describes the need for a right to be forgotten online. Getting forgotten online? Hey, we found a new job for Jill Abramson. [CNN] * A woman threatened to shoot up a South Carolina Burger King over a stale roll. Don’t tell her what “pink slime” is. [New York Daily News] * Cops arrest upwards of 40 people while trying to catch a bank robber. When you read the whole history, it’s actually surprising they weren’t limiting their search to people in stripes carrying bags with dollar signs on them. [Slate] * Corporate lawyer fits right into the rising phenomenon of “Bulls**t Jobs.” [Strike! Magazine] * Earlier today we wrote about a possible crowdfunded lawsuit. Here’s a discussion of legal issues involved in crowdfunding generally. [IT-Lex] * Sen. Rand Paul has a stupid idea, so he’ll probably convince a bunch of liberals to go along with it. And that would be bad news for Professor David Barron’s nomination to the First Circuit. [New Republic] * Led Zeppelin is getting sued over allegedly stealing the opening riff from Stairway to Heaven. It turns out there’s some band out there who’s sure that all that glitters is gold and they want some of it. A clip of the alleged original below…. [The Guardian]
Morning Docket: 05.06.14
* U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times] * The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog] * Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post] * Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal] * Drones could claim another victim: the First Circuit nomination of Harvard law professor David Barron. [How Appealing] * Who still wants a landline phone? The jury foreman in the latest Apple-Samsung battle, who is sick and tired of cellphones after the month-long trial. [The Recorder (sub. req.)] * Not such a Great Adventure: “Cadwalader To Pay $17M In Six Flags Malpractice Fight.” [Law360 (sub. req.)]
Federal Judge Goes Ballistic On Defense Counsel During Hearing
A judge has had just about enough of defense lawyers accusing him of bias.
Take Control Of Your Firm’s Finances With Tools Built For Success
Position your firm for long-term growth with better financial visibility and control. Learn how to track performance, manage spending, and plan strategically—download the full e-book now.
Morning Docket: 09.25.13
* U. Penn. Law doesn’t need to toot its own horn about kicking off its visiting jurist program with a Supreme Court justice — we’ll do it on the school’s behalf: toot f-ing toot for Justice Kennedy. [National Law Journal] * President Obama nominated former OLC attorney and current HLS professor David Barron for a First Circuit vacancy, and a Western New England alum for a district court judgeship. Congrats! [Boston Globe] * The Senate confirmed Todd Hughes for a seat on the Federal Circuit without any opposition. This is what progress looks like: Hughes will be the first openly gay federal appellate judge in U.S. history. [BuzzFeed] * Preet Bharara, U.S. Attorney for the Southern District of New York, is pretty pissed that federal budget issues are allowing his office to get outgunned by wealthy financial firms. [DealBook / New York Times] * “It seems a very coordinated effort of smugness.” As we reported previously, lawyers from the small firm representing Michael Jackson’s family think O’Melveny & Myers is full of d-bags. [Los Angeles Times] * Sorry, but you can’t bang your clients. Well, that’s not completely true. You can bang your clients, but you have to bang them before there’s a legal relationship to keep banging them ethically. [Daily Report]
Morning Docket: 06.27.13
* Edith Windsor’s lawyer said she thought her client’s case was “simple,” but it proved to take a little longer than she thought to strike down the Defense of Marriage Act. [New York Law Journal] * Conservative pols are up in arms about the SCOTUS decisions, promising to file constitutional amendments, but like Rand Paul said, “As a country, we can agree to disagree.” [Washington Post] * Nate Silver breaks down gay marriage by the numbers. By August, 30% of Americans will live in states where same-sex marriage has been legalized. [FiveThirtyEight / New York Times] * Wherein the ancient artifacts of a once storied and prestigious Biglaw firm are touted by a furniture liquidation company as “like new, for less!” Dewey know how embarrassing this is? [Am Law Daily] * Sorry, Joel Tenenbaum, but the First Circuit affirmed your $675K debt to the RIAA. That’s what happens when you blame illegal downloads on burglars and foster kids. [Law & Disorder / Ars Technica] * It looks like David Boies claimed two victories yesterday. The Court of Federal Claims gave Maurice Greenberg the green light to sue the U.S. over the terms of AIG’s bailout. [DealBook / New York Times]
Morning Docket: 11.13.12
* Deep in the heart of Texas, plans are in the works for the state’s secession from the nation via online petition. The most likely White House response? Probably something like this: “HAHAHAHAHAHA!” [Hillicon Valley / The Hill] * Paula Broadwell, better known as ex-CIA director David Petraeus’s side piece, has officially lawyered up. This guy had better watch out, because he kind of looks a little bit like her former flame. [Washington Post] * And then they came for the Steves, but there was no one left to speak for them. The day of reckoning has finally come for the men who are being blamed for cooking Dewey’s LeBoeuf. [Thomson Reuters News & Insight] * Law firms in Manhattan are still recovering from Hurricane Sandy. Not for nothing, but all of the staff members at WilmerHale who were tasked with getting rid of all of the rotten food in the firm’s cafeteria should get a double bonus. Just saying. [WSJ Law Blog] * Good news, underemployed law school graduates baristas! The First Circuit just affirmed your $14.1M tip-sharing judgment. Maybe now they’ll be able to afford the Starbucks diet. [National Law Journal] * “This lawsuit is a massive fraud on the federal courts and defendants. It has now descended into farce.” Facebook is yet again seeking dismissal of Paul Ceglia’s ownership claims. [Threat Level / Wired] * There may be five deciding factors when it comes to law school admissions, but serious candidates should focus on the two most important ones: LSAT and GPA. [Law School Admissions Lowdown / U.S. News]
Morning Docket: 10.23.12
* “Whether or not the law is dictating it right now, the people are dictating it.” In light of First and Second Circuit DOMA decisions, in-house counsel are considering benefits for same-sex spouses and domestic partners. [Corporate Counsel] * “I’m a woman of integrity. My emotions got the best of me.” A Dish Network executive had to publicly apologize for accosting a Gibson Dunn litigation partner’s elderly father outside of a courtroom after the Cablevision trial. [Am Law Daily] * A potential farewell to the typical liberal bias in education: at the end of the day, Teresa Wagner’s political bias case against Iowa Law could alter hiring nationwide in higher education. [Iowa City Press-Citizen] * Not prepared for the bar exam, and currently without a law job? Let’s give that school a “B” rating. The results of this survey pretty much conclude that recent law school graduates are out of their minds. [WSJ Law Blog] * A soon-to-be high school graduate wants to know if he can “go into a creative career” with a law degree. You silly little boy, the law is where creativity goes to die. Hope that helps! [Law Admissions Lowdown / U.S. News]
How Strong Is Your Firm’s Financial Visibility?
Discover how to gain more control over your firm’s finances and unlock smarter growth strategies—take a quick financial visibility quiz designed for law firms.
Morning Docket: 10.15.12
* What effect will the Supreme Court’s ruling in Miller v. Alabama, regarding life sentences without the possibility of parole for juvenile offenders, have in the real world? [New York Times] * Some good news on attorneys fees for civil rights lawyers. [WSJ Law Blog] * Speaking of fees, which firms are raking them in as emerging market companies starting emerging onto the M&A scene? [American Lawyer] * You’ve got to fight… for your right… to teach legal writing at the University of Iowa. At least if you’re a conservative. That’s the allegation by an aspiring academic, Teresa Wagner, that hits a courtroom this week. [Houston Chronicle] * Former IMF head Dominique Strauss-Kahn wants to know: is enjoying the occasional orgy such a crime? [Gothamist] * Career alternatives: Mary Wittenberg — chief executive of New York Road Runners, which puts on the New York Marathon — is a Notre Dame law grad and former Hunton & Williams lawyer. [New York Times] * Former Senator Arlen Specter, an active participant in historic Supreme Court nomination battles, RIP. [Philadelphia Daily News]
Morning Docket: 06.01.12
* Dewey retired partners with unfunded pensions get a seat at the table for this bankruptcy circus? Yeah, but only because the U.S. Trustee did something unheard of and appointed a committee of former partners as creditors. [WSJ Law Blog] * Yesterday was definitely a great day to be gay on the east coast. In addition to the First Circuit’s DOMA decision, a New York appellate court ruled that being called gay is no longer defamatory per se. [New York Law Journal] * Milberg is the latest firm to dump Paul Ceglia of Facebook lawsuit fame, but Dean Boland, his other lawyer, says the Biglaw firm just “serve[d] as a distraction.” Somebody please give this man a dislike button. [Buffalo News] * Humblebrag of the day by Judge Alsup of Oracle v. Google fame: he’s written lines of code “a hundred times before.” He also squashed Oracle’s API copyright infringement claims like bugs. [Courthouse News Service] * Remember Kimberly Ireland, the Kansas attorney who falsely accused Judge Kevin Moriarty of waxing his gavel beneath the bench? She got a retroactive two-year suspension. [ABA Journal via Legal Profession Blog] * Elizabeth Warren has confirmed that she told Harvard Law and Penn Law that she was a Native American, but only after she had been hired. She didn’t get any action of the affirmative variety, no sir. [Associated Press] * Recent law school graduates are a little more desperate than we thought they were. At least 32 people have already applied for that BC Law job advertising a salary below minimum wage. [Boston Business Journal] * Activision settled a lawsuit with two Call of Duty developers, but isn’t worried about an effect on its financials due to a strong third quarter performance. And you can thank your damn Elite packages for that. [PCMag]
Even Paul Clement Can’t Successfully Defend the Defense of Marriage Act
The First Circuit has ruled on a closely watched challenge to the Defense of Marriage Act (DOMA). What did the court decide?
Morning Docket: 09.20.11
(Opens in a new window)* “The road to this day has been long”… and hard. That’s what he said. Don’t Ask Don’t Tell(Opens in a new window) has finally been put to bed, and the next logical step would be to ditch DOMA. [PostPartisan / Washington Post(Opens in a new window)]* “Citizens United(Opens in a […]
First Circuit Has No Sympathy For Cops Who Say, ‘Don’t Tape Me, Bro!’
One of the most important -- and overlooked -- technological developments of the last five-odd years is the ease with which anyone can record police doing their jobs and throw the video on YouTube. The technology can be a great deterrent against police misconduct. So it's really, seriously disturbing when police try to intimidate witnesses into turning off their cellphone cameras. It's even more nauseating when someone gets arrested for simply filming police activity. Luckily, a recent decision from First Circuit unambiguously told police to cut it out....