Securities and Exchange Commission
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Biglaw, Crowell & Moring, Deaths, Insurance, Law Schools, Legal Ethics, Morning Docket, Securities and Exchange Commission
Morning Docket: 03.07.13
* Mary Jo White isn’t the only Debevoise partner who will face high scrutiny while being vetted for the SEC. Andrew Ceresney may be up for co-chief of enforcement. [DealBook / New York Times]
* The Crowell & Moring ethics complaint alleging the firm suggested Appalachians have family circles instead of family trees was chalked up to an “inbreeding memo mishap.” [Am Law Daily]
* A panel of the Appellate Division, Second Department will hold court at St. John’s School of Law next month. Perhaps the students will be a little less embarrassed happier with the school now. [New York Law Journal]
* Patrick Fitzgerald, ex-U.S. attorney and current Skadden partner, will teach a course in national security law at Chicago Law School. Attend his class, lest his “extraordinary brilliance” go to waste. [National Law Journal]
* Looks like somebody forgot about Dre. The rapper’s headphones company, Beats By Dr. Dre, is now going after people for trying to register anything with “beat” or “beats” as trademarks. [WSJ Law Blog (sub. req.)]
* Ross Ehlinger, a litigator who died while competing in the Alcatraz triathlon, RIP. [San Francisco Chronicle]
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DealBreaker, Insider Trading, Securities and Exchange Commission
Even So, Mark Cuban Is Probably Glad He Got Rid Of His Mamma.com Stock
To get a sense of how old and long-drawn-out the SEC’s insider trading lawsuit against Mark Cuban is, consider this: the company in which he allegedly insider traded was Mamma.com. The .com was right there in the name. Future generations — hell, present generations — will indiscriminately add “.com” to the end of words to […] - Sponsored
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Abortion, Bankruptcy, Biglaw, Deaths, Dewey & LeBoeuf, Insider Trading, Law Professors, Law Schools, Money, Morning Docket, Partner Issues, Securities and Exchange Commission, Tax Law
Morning Docket: 03.06.13
* Dewey was quick about getting its Chapter 11 plan confirmed, but all of these unfinished business claims are taking a little longer to resolve than previously hoped. But hey, at least Paul Hastings settled. [Am Law Daily]
* Because sometimes profit sharing isn’t enough: Theodore Freedman, a former Kirkland & Ellis partner, pleaded guilty to tax fraud after underreporting his partnership income by more than $2M. [New York Law Journal]
* Here are some tips if you’re trying to get off a law school’s wait list. Apparently it’s wise to wait patiently instead of being a complete gunner from the get go. [Law Admissions Lowdown / U.S. News & World Report]
* Imagine a land filled with millions of little Honey Boo Boos. That’s what the great state of Arkansas is going to look like if the legislature passes the most restrictive abortion law in the country. [WSJ Law Blog (sub. req.)]
* Not only do the Mavericks suck, but Mark Cuban’s luck in court does, too. His bid to toss an insider trading case was denied. He’d probably jump over the bench and have a fit if he could. [DealBook / New York Times]
* Dawn Clark Netsch, beloved Illinois pol and one of the nation’s first female law profs, RIP. [Chicago Tribune]
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Guns / Firearms, Kids, Military / Military Law, Securities and Exchange Commission, Securities Law, Small Law Firms, Women's Issues
Non-Sequiturs: 03.04.13
* A full run-down of the suspension of a 7-year-old for brandishing a danish shaped like a gun. He was loaded for bear… claw. [Lowering the Bar, Part I; LTB, Part II] * U.S. drones are helping out the French in Mali. Jeez, drones are getting used everywhere from here to Timbuktu. [Volokh Conspiracy] * Do you need to report to the SEC if your company gets hacked? Probably… if you don’t tell them about possible violations how would they ever know? [IT-Lex] * Someone wants help finding a WordPress theme for their law firm. Totally Best Magazine, bro. That’s hawt. [Yahoo Answers] * Just a reminder, Ms. JD’s Fellowship applications are due March 8. [Ms. JD] -
Biglaw, Boutique Law Firms, Confirmations, Deaths, Election Law, Eric Holder, Federal Judges, Morning Docket, Politics, SCOTUS, Securities and Exchange Commission, Supreme Court, White-Collar Crime
Morning Docket: 02.27.13
* The Supreme Court will be hearing oral arguments today on a challenge to the Voting Rights Act. If for some reason you’re not sure why you should care about this, here’s everything you need to know to sound intelligent at the water cooler. [New York Times]
* If the sequester goes into effect this Friday, Attorney General Eric Holder warns that we’re probably going to see “profound” effects across the entire justice system. America, f**k yeah! Coming again to save the motherf**kin’ day, yeah! [National Law Journal]
* It looks like the tiny and terrifying Mary Jo White is currently on the Congressional pageant trail ahead of her March confirmation hearing for SEC leadership, and now she’s even vowed never to return to Debevoise & Plimpton. [DealBook / New York Times]
* A coup for Cadwalader and a casualty for Cravath: Jim Woolery chose another firm over his former home of 17 years, and it may have something to do with the Biglaw bonus market leader’s “sometimes antiquated” regime. [Am Law Daily]
* “There are many more fish chasing the same business,” but that’s not stopping new white-collar boutiques from trying to compete for business in what some say is an overly crowded market. [New York Law Journal]
* Louis Oberdorfer, district judge of the D.D.C. and former SCOTUS clerk, RIP. [Blog of Legal Times]
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10th Circuit, Benchslaps, Biglaw, Confirmations, Constitutional Law, Guns / Firearms, McCarter & English, Mergers and Acquisitions, Minority Issues, Money, Morning Docket, Musical Chairs, Politics, Racism, SCOTUS, Securities and Exchange Commission, Sonia Sotomayor, Supreme Court
Morning Docket: 02.26.13
* Our own Elie Mystal isn’t the only one who’s capable of fanning the flames of race baiting — it seems that Supreme Court justices can do it, too! We’ll probably have more on Justice Sonia Sotomayor’s benchslap later today. [The Two-Way / NPR]
* Patience is obviously one of this judge’s virtues, because this took a looooong time. After waiting more than a year for people to put their petty political pandering aside, the Senate confirmed Robert Bacharach to the Tenth Circuit. [Blog of Legal Times]
* Mary Jo White, the nominee to lead the SEC, will probably face her confirmation hearing in March. Her legal wranglings at Debevoise may be of interest to some, but really, who cares? She’s so cute and tiny! [Reuters]
* Mayer Brown and the terrible, horrible, no good, very bad year: gross revenue is up overall at most Biglaw firms, but not this one. In 2012, Mayer Brown’s revenue dipped 3.7 percent for a six-year low. [Am Law Daily]
* Kirkland & Ellis, now the fifth-largest Biglaw firm in the nation, is leading the market in terms of top dollar merger-and-acquisition deals. Now, if only the firm could get some bananas. [Crain’s Chicago Business]
* Orderly liquidation authority may be a legitimate exercise of power under the Bankruptcy Clause, but as far as these states are concerned, it’s just another reason to hate the Dodd-Frank Act. [DealBook / New York Times]
* Remember Peggy Ableman, the judge who ordered lawyers to attend a course on remedial civility in their “jammies”? She’s now at McCarter & English, so mind your manners. [Thomson Reuters News & Insight]
* An “astronomically stupid” legal loophole? Unpossible! Gun trusts are seeing the limelight because Chris Dorner claims he used one to purchase his paraphernalia without a background check. [New York Times]
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Biglaw, Fabulosity, Federal Government, Legal Ethics, Litigators, Litigatrix, Mary Jo White, Money, Partner Issues, Partner Profits, Securities and Exchange Commission, Securities Law, Wall Street
Just How Rich Is Mary Jo White, Debevoise Partner and Likely Future SEC Chair?
She's a longtime Debevoise partner, and she's married to a longtime Cravath partner. Let's take a look at their financial disclosures. -
Akin Gump, Biglaw, Confirmations, Copyright, Gender, Jed Rakoff, Law Professors, LexisNexis / Lexis-Nexis, Morning Docket, Partner Issues, Securities and Exchange Commission, State Judges, Westlaw
Morning Docket: 02.12.13
* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily]
* Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal]
* Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET]
* Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal]
* Remember the lawyer who sued Westlaw and Lexis for copyright infringement? Judge Jef Rakoff dismissed it for reasons yet to be disclosed, but probably for legal dumbassery. [Thomson Reuters News & Insight]
* “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]
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2nd Circuit, Citigroup, Jed Rakoff, Securities and Exchange Commission, Securities Law
SEC To Second Circuit: 'Please Don't Make Us Do Our Jobs!'
The SEC and Citigroup want the Second Circuit to tell district courts to stay out of their backroom settlements. That sounds wrong. -
Bloomberg, Deaths, Guns / Firearms, Job Searches, Lindsay Lohan, Non-Sequiturs, Securities and Exchange Commission, Wall Street
Non-Sequiturs: 02.01.13
* There’s an interesting take here by Scott Greenfield on Glenn Reynolds’s op-ed suggesting there be a “waiting period” before new legislation to try to make sure everybody at least reads it first. Personally, I’m a little more concerned with getting longer waiting periods before people can buy guns and shoot me. [Simple Justice] * Funny to see Lindsay Lohan as the plaintiff, instead of the defendant. [Los Angeles Times] * When reached for comment about the weakness in the U.S. legal job market, clients responded, “Frankly my dear, I don’t give a damn.” [Associate's Mind] * And now we’re back to the argument that allowing non-lawyer ownership of law firms will magically give clients a better experience. Yes, because whenever I’m on hold with Time Warner, I think, “Man, these business people sure get customer service.” [The Economist] * R.I.P. Mark Hummels. [Huffington Post] * It feels like it’s been a while since we made fun of Oklahoma. [Legal Juice] * After the jump, Bloomberg has a fun video on whether Wall Street should fear Mary Jo White…. -
Barack Obama, Biglaw, Federal Government, Litigators, Litigatrix, Mary Jo White, Musical Chairs, Partner Issues, Securities and Exchange Commission, Securities Law, Wall Street
Obama Throws Down The Gauntlet With New Pick To Head The SEC
Obama's pick to head up the SEC could be a game changer. -
Accounting / Accountants, Clarence Thomas, Gay Marriage, Guns / Firearms, Non-Sequiturs, Politics, Pregnancy / Paternity, SCOTUS, Securities and Exchange Commission, Supreme Court
Non-Sequiturs: 01.15.13
* Wait, auditors agree that auditor letters are pretty much a waste of time, but they still want them anyway? As I learned in Civ: “The only thing that saves us from the bureaucracy is inefficiency.” [Going Concern] * Yes, the legal world is still buzzing because one of the nine most powerful people in America deigned to utter a few words in court. I hope Thomas appreciates that his obituary is going to prominently include references to his confirmation hearings and his well documented muteness. [ZombieLaw] * This Die Hard director picked a bad day to try hard to stay out of jail. [The Hollywood Reporter] * You know, there are laws against firing pregnant people. [Pregnant and Fired] * Bottom line, I don’t want to be on the side of praising SEC enforcement actions. [National Law Journal] * I hope Obama is well armed, because the only thing that stops a politician in the pocket of the gun lobby are the people holding their votes to the heads of their Congressmen. [Blog Briefing Room / The Hill] * Same-sex marriage should be legal because gay people should be allowed to save money too. [The Atlantic] -
NYSE, Securities and Exchange Commission, Securities Law, Social Media, Social Networking Websites, Technology
SEC's Netflix Probe Is No Blockbuster
The SEC is probing Netflix for posting company milestones on Facebook. Calling Facebook a non-public forum sounds crazy, it's just one more instance of the SEC failing to grasp modern technology.
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Alston & Bird, Biglaw, Blogging, Bloomberg, David Boies, Health Care / Medicine, Law Schools, Mergers and Acquisitions, Money, Non-Sequiturs, Ruth Bader Ginsburg, SCOTUS, Securities and Exchange Commission, Securities Law, Supreme Court, Ted Olson
Non-Sequiturs: 11.26.12
* As soon as Mary Schapiro announced she was stepping down as chairwoman of the SEC, Obama nominated another woman to take her place. Congrats to SEC Commissioner Elisse Walter! [WSJ Law Blog] * In other breaking news that no one will care about now that bonus season is upon us, Justice Ruth Bader Ginsburg swapped out her neck doily for a blingy necklace from Glamour. [Josh Blackman's Blog] * You know what the ancient Romans would’ve hated more than watching the fall of the Roman empire? The Citizens United decision. Cato, Cicero, and Julius Caesar wouldn’t have been impressed with this. [Slate] * Why go to law school if you’re already doing well financially? Perhaps you’re just another prestige hunter. If you are, then all the better for you, because that seems to be what all of the law schools are selling these days. [Inside the Law School Scam] * Don’t cry for Argentina: they may be in the middle of a billion-dollar bond dispute, but the uber-prestigious lawyers on either side of the case (Boies; Olson) are enough to make you forget about their troubles. [Reuters] * A Biglaw attorney from Alston & Bird with a rare sleep disorder confronts Big Pharma and… doesn’t win. At least not yet. But on the bright side, she’s not sleeping for 18 hours anymore. [The Last Word on Nothing] * We’re honored to announce that Above the Law was named as one of the ten law blogs in the ABA Journal’s inaugural Blawg 100 Hall of Fame. Please click here if you’d like to help us win again this year. [ABA Journal] * After the jump, Bloomberg Law’s Lee Pacchia speaks with a Bill Lawlor, a Dechert partner, who claims that “hope springs eternal for M&A attorneys.” Will the mergers and acquisitions market begin to boom once again? -
Antonin Scalia, Department of Justice, Education / Schools, Movies, Non-Sequiturs, Securities and Exchange Commission, U.S. News
Non-Sequiturs: 11.14.12
* George Washington University has been stripped of its U.S. News college ranking. The law school appears safe. [Tax Prof Blog] * Now students can get in trouble for bullying their teachers. Teachers, people! TEACHERS CAN’T STAND UP TO THE MEAN SCHOOL KIDS WITHOUT A LAWSUIT. [The Volokh Conspiracy] * Just to be clear, Antonin Scalia would not be on the side of the secessionists. [New York Personal Injury Law Blog] * So the accuser of Kevin Clash, voice of Elmo, recanted and said that he was a consenting adult when he was with Clash. It’s great to know that Elmo is getting barely legal ass. [Huffington Post] * FCPA! Guidance! This is WAY MORE INTERESTING than Petraeus and the Kelley sisters. [WSJ Law Blog] * For those of you who saw Capturing the Friedmans, here’s an update on the ongoing proceedings. [WiseLawNY] -
Crime, Department of Justice, Disasters / Emergencies, Securities and Exchange Commission
In The Aftermath Of Disaster, The Scam Artists Come Out
Hurricane Sandy may bring out scammers looking to take advantage of people suffering through the disaster. Watch out! -
Crime, Department of Justice, In-House Counsel, Securities and Exchange Commission, Securities Law, White-Collar Crime
Reading Tea Leaves: Defense Bar Freaking Out About the Foreign Corrupt Practices Act
Why are defense lawyers suddenly freaking out about the Foreign Corrupt Practices Act (FCPA)? -
Celebrities, Divorce Train Wrecks, Family Law, Football, Reality TV, Securities and Exchange Commission, Sports
Sports Law, Spaw, Lorts: Mostly Football Extravaganza
In today's sports law column: Chad Johnson, workers' compensation in the NFL, and Jim Donnan. -
2nd Circuit, Benchslaps, Citigroup, Federal Judges, Jed Rakoff, Quote of the Day, Securities and Exchange Commission, Wall Street
Benchslap of the Day: Second Circuit Rebukes Rakoff
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. -
Biglaw, California, Divorce Train Wrecks, Election 2012, Food, Hotties, Jed Rakoff, Morning Docket, Old People, Pornography, Pregnancy / Paternity, Securities and Exchange Commission, Technology, Women's Issues
Morning Docket: 12.30.11
* Rick Perry’s motion for a temporary restraining order over the printing of Virginia’s primary ballots without his name on them has been denied. Damn all of those unelected, activist judges! [Bloomberg] * Jed Rakoff isn’t the only one with cojones big enough to challenge the SEC. Wisconsin Judge Rudolph Randa fell right in line, […]