1st Circuit

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By Barbri
Morning Docket

Morning Docket: 04.28.16

* ASS Law is back in the news: Earlier this week, professors on the George Mason University Faculty Senate voted 21-13 to reopen the naming process on the already twice-renamed Antonin Scalia Law School. These professors must know that their actions have no impact on the administration's decisions... right? [BuzzFeed News] * Thanks to allegations of sexual harassment brought forward by courthouse personnel, Judge José A. Fusté of the District of Puerto Rico was allegedly forced by the First Circuit to "retire" from his position, effective June 1. If you're unable to read in Spanish, Google Translate has a version in broken English that may be slightly helpful. [El Nuevo Día] * Attention intellectual property attorneys, because your practice area just got a little more exciting. The Defend Trade Secrets Act passed in the House yesterday by a vote of 410-2, and that means the “most significant expansion of federal law in intellectual property since the Lanham Act in 1946” will likely soon become law. [WSJ Law Blog] * "Transitioning at a Biglaw firm, are you crazy?" Not only is it possible to transition in Biglaw, but it's possible to thrive as a transgender woman in Biglaw, and Sara Schnorr of Locke Lord had the full support of her firm. In fact, she was recently appointed to the Massachusetts Commission on the Status of Women. Congrats! [Big Law Business] * "Is nonlawyer ownership of law firms long overdue? Or a bad idea?" The U.K. and Australia are already doing it, and now the ABA Commission on the Future of Legal Services is seeking comments for an issues paper on the risks and benefits of nonlawyer law firm ownership. Email us or tweet us and let us know what you think. [ABA Journal]

By Staci Zaretsky
Morning Docket

Morning Docket: 02.01.16

* Republican presidential candidate Senator Ted Cruz has pledged to "spend whatever political capital is necessary" to create the most conservative Supreme Court in our country's history. Uh-oh! Voters better elect him, or else we'll be "one justice away from ... unlimited abortion on demand." [ThinkProgress] * A shakeup at the top? More than 20 Schiff Hardin partners -- including the firm's former managing partner, practice group leaders, and an executive committee member -- are leaving to start their own firm thanks to an apparent leadership dispute. [Big Law Business / Bloomberg] * On the seventh anniversary of his signing of the Lilly Ledbetter Fair Pay Act, President Obama took action to address the gender pay gap. Companies with 100 employees or more must now include salary info on their annual EEO reports. [New York Times] * Boston Marathon bomber Dzhokhar Tsarnaev's legal team filed the first of what's sure to be many appeals: They've asked the First Circuit to overturn his conviction and death sentence, as well as an order that he pay more than $101M to his victims. [Reuters] * For some reason, people are highly opposed to the ABA's proposal to lift its ban on law students receiving pay for their credit-bearing externship positions. Yes, let's continue to make indebted students pay for their experiential learning opportunities. [ABA Journal]

By Staci Zaretsky
Morning Docket

Morning Docket: 08.27.15

* Should town clerks opposed to gay marriage be required to issue licenses to all couples? The Sixth Circuit says.... [How Appealing] * John H. Ray III, the African American ex-associate at Ropes & Gray who claimed the elite firm discriminated against him, loses in court again, this time before the First Circuit. [National Law Journal] * Vester Lee Flanagan aka Bryce Williams, the Virginia television broadcaster who killed two colleagues on-air before killing himself, was also no stranger to the legal system: he filed multiple lawsuits alleging racial discrimination. [New York Times] * Why are in-house lawyers more likely than their non-attorney corporate colleagues to fall for phishing emails? [ABA Journal] * Dewey know when the prosecution will rest in this seemingly endless trial? Probably today. [Wall Street Journal] * State judges get nasty with each other in Oregon. [Oregonian] * Federal judges around the country are advocating for a second look at how defendants get sentenced. [New York Times] * The Dilly in Philly: Paul Clement v. Ted Olson. [Am Law Litigation Daily] * A T14 law graduate turned "traveling artist" gets charged with criminal sexual assault in Chicago. [Chicago Tribune] * Speaking of sexual assault laws, Emily Bazelon explains how the St. Paul’s Rape Case shows why these laws must change. [New York Times] * Update: convicted Colorado movie theater shooter James Holmes didn't get just a life sentence, but 12 life sentences -- plus 3,318 years on top of that. [CNN] * Linda Hirshman, author of the forthcoming book Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World (affiliate link), explains how Justices O'Connor, Ginsburg, and Sotomayor brought wisdom to SCOTUS (but where's the love for Justice Kagan?). [Slate via How Appealing]

By David Lat
1st Circuit

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]

By Staci Zaretsky
1st Circuit

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]

By Staci Zaretsky
1st Circuit

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]

By Joe Patrice
1st Circuit

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.)]

By David Lat