Even conservatives are concerned about the damage that invoking the nuclear option for Judge Gorsuch’s SCOTUS nomination will do.
* “This is going to haunt the Senate, it’s going to change the judiciary, and it’s so unnecessary.” Senate Democrats have secured the votes to filibuster Judge Neil Gorsuch’s Supreme Court nomination, all but ensuring that Senate Republicans will invoke the nuclear option, and even conservatives are concerned about the damage it will do. [New York Times]
* It turns out that the Wallace Global Fund tried hire another Biglaw firm to replace Morgan Lewis & Bockius prior to kicking the firm to the curb over its representation of President Donald Trump. Apparently Arnold & Porter “would have been perfect,” but that firm represents Trump too, so it was a “deal killer.” [Big Law Business]
* “It’s like a marriage but infinitely complex. In the beginning, it was appealing, but as you went along you see the synergies are not there.” Following a short romance, it looks like Crowell & Moring and Herrick Feinstein are breaking off their engagement before wasting their time getting married and going through a messy divorce. [New York Post]
* You give love legal ethics a bad name: Remember Tara Lenich, the ADA who was accused of forging judges’ signatures to wiretap a love interest and a coworker in a “love triangle gone wrong”? She pleaded guilty to two charges of illegal wiretapping, and could face up to 10 years in prison and a fine of up to $250,000. [Brooklyn Daily Eagle]
* If you’re a prospective law student with a learning disability or attention disorder, you may be worried about keeping up with the rigors of legal study. Don’t let it get you down. Request an accommodation, but make sure you do so before it’s too late or you may screw yourself out of getting the help you need. [Law Admissions Lowdown / U.S. News]
* Following a concession call from Hillary Clinton last night, and in a “stunning repudiation of the establishment,” Donald Trump was elected as the 45th president of the United States. Congratulations to President-elect Trump. How do you like them apples? This historic election wasn’t “rigged” after all! [New York Times]
* Marijuana also won big in the polls last night. Voters in California, Massachusetts, Nevada, and Maine approved recreational marijuana initiatives, with Arkansas, North Dakota, and Florida approving medical marijuana initiatives, but “[t]here are various ways in which a hostile White House could trip things up.” We’ll have more information on this news later today. [Washington Post]
* As we saw in the ATL electoral law school poll, many practicing lawyers voted for Hillary Clinton, but alas, it was all for naught. For example, Lisa Blatt, head of Arnold & Porter’s appellate and Supreme Court practice, had this to say when asked who she voted for in the election: “Duh! Clinton; early voting; and seriously?” [Big Law Business]
* Despite UCLA Law Professor Richard Sander’s pleas to use the data to support his opposition to affirmative action, the California State Bar need not disclose the race or ethnicity of those who took the bar exam since 1972 because it would amount to an invasion of privacy for those promised confidentiality. [San Francisco Chronicle]
* Per an ALM survey, revenue per partner slipped in 2015 to an average of $468,511, down from an average of $491,729 in 2014. This 4.7 percent decline is the largest ALM has seen since it first started tracking the metric. Why is this happening? “Demand is soft. Quite a few firms still have more lawyers than work for them.” [Am Law Daily]
* This must be an interesting situation for the clothing company’s GC-cum-CEO: After deciding to ignore its own reorganization plan and announcing that it would be winding down its U.K. operations, American Apparel is desperately attempting to stave off another bankruptcy filing and has now resumed talks with potential buyers. [Reuters]
Richard M. Alexander, Chairman
Syracuse University, JD
Michael D. Daneker, Co-Managing Partner
Vanderbilt University, JD
Ellen Kaye Fleishhacker, Co-Managing Partner
University of California, Berkeley, JD