Michael Cohen
-
-
Hard to see how the attorney-client privilege gets involved in citing fake cases.
-
-
It seems that generative AI has struck again.
-
* Hail Mary pass interference? President Donald Trump reportedly asked then-acting AG Matthew Whitaker if U.S. Attorney Geoffrey Berman (S.D.N.Y.) — a “perceived loyalist” — could be put in charge of the Michael Cohen probe even though he’d already recused himself. [New York Times]
* Chief Justice John Roberts once again sided with the Supreme Court’s liberals in refusing to agree with a Texas court’s decision to execute a death row inmate with intellectual disabilities, writing that the lower court’s review of the case “did not pass muster under this court’s analysis last time,” and “[i]t still doesn’t.” Justice Samuel Alito dissented, and was obviously joined by the high court’s conservatives. [Washington Post]
* Emoji are popping up more and more in court cases, and courts still don’t know what to do with them — which is a shame, because “[j]udges need to be aware of the importance of the emojis to the overall communication when we run into … odd evidentiary issues.” [The Verge]
* This Fox Rothschild partner is facing sanctions over missed deadlines in several cases for his client, porn producer Strike 3 Holdings. He’s repped the “copyright troll” in about 2,500 infringement cases since 2017. [American Lawyer]
* If you’re interested in investing in the future of law, alternative legal services provider Axiom will be going public and has applied for an IPO. The number of shares up for grabs and their price range is still undecided. [ALM International]
-
* Adam Feldman explores the possible effect on the Supreme Court of replacing Justice Ruth Bader Ginsburg with a staunch conservative — e.g., Judge Amy Coney Barrett. [Empirical SCOTUS]
* Speaking of SCOTUS, here’s Ilya Somin’s read of the tea leaves in Knick v. Township of Scott, an important Takings Clause case. [Volokh Conspiracy / Reason]
* Stephen Embry disagrees with Joe Patrice’s suggestion that junior lawyers are going extinct, but Embry acknowledges the major effect that technology is having, and will continue to have, on legal practice and employment. [TechLaw Crossroads]
* Charles Glasser looks at what might have caused the political polarization of the modern media and its consumers. [Daily Caller]
* The prospect of Michael Cohen testifying publicly before Congress is making some people giddy — but it’s not without its downsides, as Joel Cohen explains. [The Hill]
* What can we learn from official Washington utterances about the shutdown? Here’s some intel from VoxGov, via Jean O’Grady. [Dewey B Strategic]
* Not all provisions of the Bill of Rights are created equal, according to Gerard Magliocca. [PrawfsBlawg]
* David Berg draws lessons for trial lawyers from the genius of Joe Jamail’s use of hypothetical questions. [YouTube]
-
* Michael Cohen resigns his RNC position in an email sharply criticizing the administration’s child separation policy. So now we’ve reached the point where Michael Cohen is a sympathetic figure. [CNBC]
* Supreme Court justice arrested on 22 criminal counts and faces 395 years in prison. Obviously it’s a state supreme court, but try to guess which state! [Courthouse News Service]
* Former Dewey & LeBoeuf CFO Joel Sanders was disbarred yesterday. Dewey know who needs a new career? [Law360]
* Forcibly administering drugs to children is bad and the only downside of the royal whupping these jackboot thugs will eventually receive in the courts is that we’ll here another decade of false comparisons from the anti-Vaxxer crowd. [HuffPost]
* Allen & Overy partners fly to America for their annual meeting where they are definitely not talking about merging with O’Melveny because they’ve all denied that and law firms wouldn’t lie to us. [International]
* Arnold & Porter Kaye Scholer closing in on a settlement in the long-running $214 million malpractice suit against them.
* Europe pondering a law that would screw up the Internet. Obviously. [WIRED]
-
* Avenatti is no longer trying to get in on the Michael Cohen case… because he says they’re already going to get all the documents they need. [CNBC]
* Weil Gotshal shortening its partnership track in bid to keep young talent around. [New York Law Journal]
* Former K&L Gates business development manager charged with threatening a professor who had written that Trump voters were violent racists. A point underscored when… violent racists started making threats against him. [American Lawyer]
* Ethics experts weigh in on Quinn Emanuel’s forfeiture-for-competition clause. They… don’t like it. [Law360]
* We’ve talked about White & Case’s decorating chops before. Now they’ve got themselves a new Silicon Valley look. [The Recorder]
* California passes a strict net neutrality bill. I guess they weren’t compelled by Ajit Pai’s stupid video. [Courthouse News Service]
* National Law Journal names the DC litigation departments of the year. Do we have a name for this? Like “The Deecees” or something? [National Law Journal]
* Legendary internet commenter “Loyola 2L” has dropped his mask. [American Lawyer]
-
* A whistleblower reports that SARS reports regarding Michael Cohen’s transactions are missing from FINCEN. SARS don’t just disappear without a trace… well, the disease did, but the reports shouldn’t. [New Yorker]
* After passing an abortion law accomplishing little more than exposing the state’s taxpayers to litigation expense, Iowa is going to have to find someone else to defend it because Attorney General Tom Miller wants no part of it. [ABC]
* The FTC’s new consumer protection chief represented payday lenders, and really what’s so bad about a 110 percent interest rate anyway? [The Hill]
* Wolf of Wall Street needs to up his payments to victims. [Law360]
* Facebook is getting into the blockchain game meaning soon your vacation photos will overtake Bitcoin as the most inherently worthless thing backed by blockchain. [Legaltech News]
* An interview with a federal magistrate judge finally answers the question: what’s the penalty for Yogi Bear stealing a picnic basket? [Coverage Opinions]
* The Senate, against all odds, voted to save net neutrality yesterday. [Courthouse News Service]
-
* McDermott Will & Emery has a new plan to protect Michael Cohen: get Michael Avenatti’s pro hac motion denied. That seems… weak. [National Law Journal]
* Another list of possible successors to Eric Schneiderman. Still no one talking about Eliot Spitzer… that guy has experience! [Law360]
* David Lat argues that the end of blue slips is a good thing for the judiciary over the long-term. He’s totally right, and regardless of the naked cynicism involved, it’s refreshing that Senate Republicans have decided to ditch their states’ rights principles over this. [New York Times]
* Interesting election-related legal issue: can Facebook ban international advertisers from buying ad space related to the upcoming midterms? The answer seems to be yes. [Corporate Counsel]
* Have lawyers finally embraced the cloud? [Legaltech News]
* Managing clerk isn’t known as a particularly lucrative position. But a former Simpson Thacher clerk figured out how to make ends meet. Unfortunately, he’s going to have to go to jail for it. [American Lawyer]
* Lawyers for white guy accused of murdering a black student argue that his Facebook posts are too offensive to be shown to the jury. They say stuff about him hating black people and, really, what’s the probative value of that in a case where the defendant had no apparent motive other than racial animus? [Daily Beast]
-
-
* “What did Rudy say? Oh. OK, so, you see, the thing is, Cohen was paid back, but through his monthly retainer so I didn’t know he was paying hush money to porn stars that I definitely didn’t sleep with because that might trigger an out in my prenup… are we done here?” [Twitter]
* A look at Biglaw firms still owed big bucks by bankrupt clients. [American Lawyer]
* Yale Law is so far ahead of the curve, they’ve got 1Ls suing Jeff Sessions. [Connecticut Law Tribune]
* A webcam is drawing attention to the osprey nest on the roof of Oregon’s Law School. Anything to keep attention off the blackface-wearing professor they still employ… [Around the O]
* In case you were looking for another reason to feel revulsion over the Washington NFL team, the cheerleaders allege the team asked them to be literal escorts for wealthy sponsors on a trip to Costa Rica… that they didn’t get paid for. [CNN]
* Which law firms boast the best legal tech game? [Legaltech News]
* The Second Circuit is bringing back the lawsuit over abuse of the no-fly list. The government allegedly dumped people on the no-fly list if they refused to be informants[Law360]
-
Who’s Who In The Race To Become The Special Master Over The Docs Seized In The Cohen Raid
Who’s in the running to be the Special Master in the Cohen case?
-
* The proposed cap on federal student loans for graduate students will make life a lot rougher for law students who will have to resort to the more expensive private market for tuition bucks. On the other hand, it could devastate the bottom-tier schools who rely on the government gravy train to bilk students into buying a degree they can’t use. So it’s not all bad news. [Law.com]
* When it comes to appointing a Special Master, the government and Michael Cohen have wildly different preferences. The government would like a retired Magistrate, someone well-versed in making tough calls in discovery disputes. Cohen’s camp would prefer a former prosecutor, which you should read as “someone who currently represents criminals and has a vested interest in defining privilege broadly.” Trump’s lawyers haven’t submitted a list of preferred candidates but we can go ahead and pencil in Jeanine Pirro, Andrew Napolitano, and Judge Judy. [New York Law Journal]
* While we’re talking about Cohen, he just dropped his libel suits against Buzzfeed and Fusion GPS over the Steele dossier. So there’s definitely a pee tape. [Politico]
* Oh, and documents suggest he owes $110K in taxes. [Law360]
* Meanwhile, New York Attorney General Eric Schneiderman has asked state lawmakers to eliminate a state law that prevents state prosecutions of individuals who have already reached the plea or a jury is sworn in a federal case. Or, more to the point, when someone in that situation is pardoned. [NY Times]
* There are hints that the jury may acquit Tex McIver of the most serious charges related to his wife’s shooting death. As a reminder, McIver shot her in the back while she rode in the front seat of their car when his gun, which he says he had loaded and ready because he was worried about Black Lives Matter, went off when the car hit a speedbump. [Daily Report Online]
* If you notice some new changes to your Facebook privacy protections, you might think that’s a response to Zuck’s recent congressional testimony. But actually, it’s just Facebook playing shell company roulette to make sure you’re not covered by GDPR. [Reuters]
* The organizer of the Charlottesville “Very Fine People On Both Sides” rally popped into the UVA Law library yesterday. Vigilant students kept an eye on him. [Cavalier Daily]
* We’d also be remiss if we didn’t express our sadness over the loss of Judge Harry T. Stone. Harry Anderson’s portrayal of the free-wheeling but fair judge contributed to making Night Court one of the greatest, and most honest, courtroom television shows of all time. [CNN]
-
* A sneak peek at Am Law 200 reports. [American Lawyer]
* Two lesser charges against Tex McIver shot down. [USNWR]
* The Waffle House sextortion case ends in acquittal. Defendants celebrate at IHOP. [Daily Report Online]
* Four Thomas clerks are behind the new “HAWA” legal challenge to make Harvard All White Again. [National Law Journal]
* A quick look at Robert Khuzami, the former SEC Enforcement honcho who most likely fulfilled the SDNY USAO’s role in ordering the Cohen raid. [Courthouse News Service]
* JP Morgan decided to join the cryptocurrency revolution by declaring that customer purchases of cryptocurrencies were really “cash advances” instead of regular transactions… a move that allowed them to charge higher fees. Now cryptoheads are suing. Look, you can’t have it both ways. [Law360]