2nd Circuit

The Art Of The Possible: New York Nominees For Federal Judgeships And Prosecutor Posts

The Trump administration shows a willingness to compromise on nominees.

Circuit Court Nominees In The Trump Administration: The Latest News And Rumor (Part 1)

What are the chances of these folks getting confirmed?

Morning Docket: 07.14.17

* The Second Circuit vacates the corruption convictions of former New York Assembly Speaker Sheldon Silver. Congratulations to his counsel, the high-powered litigation boutique of MoloLamken (which handled the appeal as well as the trial). [How Appealing] * And congrats to federal judicial nominees John K. Bush (Sixth Circuit) and Kevin Newsom (Eleventh Circuit), who just got voted out of the Senate Judiciary Committee. [Washington Examiner] * In other nomination news, the White House seems to be taking its time in announcing a Ninth Circuit nominee from Oregon. Delay may strengthen the case for frontrunner Ryan Bounds; his main competition, Chief Judge Michael Mosman, gets older by the day (turning 61 later this year). [Portland Tribune] * Meet Michael Murray, an ex-SCOTUS clerk and Jones Day alum, who is the Justice Department's new point person on pot. (Fun fact: Kevin Newsom, Ryan Bounds, and Michael Murray all clerked for my former boss, Judge Diarmuid F. O'Scannlain of the Ninth Circuit.) [U.S. News] * Former Ropes & Gray COO Hugh A. Simons wonders: "Are Law Firms Too Sophisticated for Their Own Good?" [Am Law Daily] * Will law school applications see a "Trump Bump," as idealistic aspiring attorneys seek law degrees to join the resistance? We might have more on this later. [Law.com] * Yes, lawyers should stand up for their beliefs -- but they also can (and must) understand the arguments on the other side, as new Yale Law dean Heather Gerken explains. [Time] * The Ninth Circuit has ruled in the Case of the Tweeting Judge. We might have more on this later as well. [How Appealing] * Congratulations to Stephen Kane, an alum of O'Melveny & Myers and Lex Machina, on securing $1.8 million in funding for his FairClaims startup -- which he describes as "a virtual Judge Judy." [TechCrunch]

Morning Docket: 06.08.17

* Happy Comey Day! [Huffington Post] * Legal operations teams are rampant, proving no one trusts Biglaw billing. [Corporate Counsel] * Sessions ends DOJ settlements that give money to charitable causes -- a common tactic in matters where identifying all specific victims would be difficult or impossible. This is played off as "helping victims" because nothing helps victims more than making sure the perpetrator feels no penalty for their wrongdoing. [ABA Journal] * The "Mansfield Rule" tries to bring NFL thinking to a Biglaw problem. Now if we could just address all those junior associate concussions.... [Law.com] * The American Immigration Lawyers Association is relocating its upcoming convention to get out of Texas. So the state has successfully built itself a wall -- against tourism dollars. [Texas Tribune] * DOJ asking Second Circuit to consider what Escobar means for Wells Fargo. In other words, it's time to circle the wagons at Wells Fargo. [Law360] * Norton Rose Fulbright considering merger. [Legal Week]

Circuit Court Nominees In The Trump Administration: A Nationwide Round-Up

Names, names, and more names, for federal judgeships around the country.

Morning Docket: 03.26.17

* "I’m guessing they have had a number of long days and potentially sleepless nights." The government lawyers behind the efforts to repeal the Affordable Care Act and replace it with the American Health Care Act have had a rough go of things. Who are they, which law schools did they attend, and which Biglaw firms did they work for before becoming Hill lawyers? [National Law Journal] * Don't forget about Merrick: A third of Democratic senators have pledged to vote against confirming Supreme Court nominee Judge Neil Gorsuch. At this time, it remains unclear as to whether there will be a united effort by Democrats to oppose his confirmation when the Senate Judiciary Committee votes on April 3. [Reuters] * Guess who isn't boycotting Hawaii? People who apparently have a vendetta against this federal jurist. Judge Derrick Watson of the District of Hawaii has been receiving death threats ever since he blocked President Donald Trump's revised travel ban on March 15. He is now receiving 24-hour protection from the U.S. Marshals Service. [The Hill] * The Second Circuit has upheld New York's ban on non-lawyers investing in law firms. Personal injury firm Jacoby & Meyers argued that the state's prohibition on non-lawyer investment violated lawyers' First Amendment right to associate with clients, but the court found that connection to be "simply too attenuated." [New York Law Journal] * Ithaca may be gorges, but it can't compete with the Big Apple with it comes to hands-on learning about issues dealing with cutting-edge tech. Cornell Law is launching a semester-long Program in Information and Technology Law at its Tech campus on Roosevelt Island in New York City that's slated to begin in Spring 2018. [WSJ Law Blog] * Judge Edward J. McManus, the longest serving of any incumbent judge in the United States (and third-longest servng in the history of the United States), RIP. [N.D. Iowa]

Non-Sequiturs: 03.24.17

* For those of you too busy this week to follow Judge Neil Gorsuch's confirmation hearing, here's a nice collection of the highlights by Benjamin Wallace-Wells. [New Yorker via How Appealing] * SCOTUS confirmation hearings are often compared to kabuki theater; law professor cum novelist Jay Wexler reimagines the Gorsuch hearing as, well, actual kabuki theater. [McSweeney's] * Insider trading: it's not entirely about the benjamins, as therapist and executive coach Andrew Snyder explains. [LinkedIn] * Is the Second Circuit sitting on juicy information about President Trump's ties to Russia? [WiseLawNY] * Law school applicants with high LSAT scores: which schools do they favor? [SSRN] * Speaking of legal education, what are the secrets to law school success? Vanderbilt 3L Niya McCray shares her thoughts. [Amazon (affiliate link)]

Morning Docket: 01.23.17

* Several prominent lawyers and legal scholars are filing a lawsuit alleging that Donald Trump is violating the Emoluments Clause by letting his businesses accept money from foreign governments -- but the litigation looks like a long shot to some. [New York Times via How Appealing] * Former Homeland Security Secretary Jeh Johnson (previously profiled here) is returning to private practice -- and, not surprisingly, to Paul, Weiss. [American Lawyer] * Judge Andrew Hanen (S.D. Tex.), who brutally benchslapped the Obama Justice Department last year, has withdrawn the sanctions he imposed on the DOJ, finding that the misstatements in question were inadvertent. [ABA Journal] * If you've been handicapping the Supreme Court race, adjust the odds in favor of Judge Neil Gorsuch (10th Cir.) -- he's conservative but less contentious than some other nominees, as noted by Jan Crawford. [CBS News] * Confirmability might be increasing in importance as a factor for picking a SCOTUS nominee now that Senate Minority Leader Chuck Schumer pledged to block any nominee who is not "bipartisan and mainstream." [How Appealing] * The Obama Administration didn't fare so well before SCOTUS; will the Trump Administration do any better? [New York Times] * The Second Circuit joins the Seventh Circuit in considering whether discrimination "because of sex" encompasses discrimination based on sexual orientation. [New York Law Journal]

Non-Sequiturs: 12.15.16

* The jury deliberated for just two hours before convicting Dylann Roof of the Charleston church murders. [The Daily Beast] * Tables turned: how Judge Jed Rakoff (S.D.N.Y.) got the Second Circuit, which normally reviews his judgments, overturned. [Bloomberg BNA] * Keith Lee takes a deep dive into newly released law school data (the ABA 509 disclosures). [Associate's Mind] * Eugene Volokh breaks down a new Fourth Circuit ruling that protects the right of police officers to criticize department policies on Facebook. [Volokh Conspiracy] * David Lander evaluates the pluses and minuses of law schools relying upon adjunct professors to fill curricular gaps. [PrawfsBlawg] * What variables best explain the decisions of the Roberts Court? [Tennessee Law Review via Hangley Aronchick] * Check out Womble Carlyle's new podcast, Bulldog Bites. Says host Mark Henriques, "I promise it won’t feel like work. If you don’t learn something, hopefully you’ll laugh with us about something." [Womble Carlyle]

Who’s On (The) Second (Circuit)… And Why Are They Screwing Up Copyright Law?

Good comedy makes for bad dicta.

Morning Docket: 09.06.16

* Roger Ailes hires Hulk Hogan and Melania Trump lawyer Charles Harder for a possible suit against NY Mag. [Huffington Post] * As expected, Haynes & Boone has merged with Curtis Davis Garrard [Texas Lawyer] * Berkeley's Sujit Choudhry still coming to work amid sexual harassment claims. [ABC 7] * An update on the revenge porn law that's seen over 200 prosecuted in England and Wales. [CNET] * Avvo defends its fixed-fee legal services after a South Carolina ethics ruling dinged the practice. [Corporate Counsel] * Sullivan & Cromwell tapped to make one lucky French fan base learn what it's like to have Frank McCourt as an owner. [The Am Law Daily] * Second Circuit throws procedural roadblocks in front of workers seeking back wages. Happy Labor Day! [Law360]

Morning Docket: 09.06.16

* Roger Ailes hires Hulk Hogan and Melania Trump lawyer Charles Harder for a possible suit against NY Mag. [Huffington Post] * As expected, Haynes & Boone has merged with Curtis Davis Garrard [Texas Lawyer] * Berkeley's Sujit Choudhry still coming to work amid sexual harassment claims. [ABC 7] * An update on the revenge porn law that's seen over 200 prosecuted in England and Wales. [CNET] * Avvo defends its fixed-fee legal services after a South Carolina ethics ruling dinged the practice. [Corporate Counsel] * Sullivan & Cromwell tapped to make one lucky French fan base learn what it's like to have Frank McCourt as an owner. [The Am Law Daily] * Second Circuit throws procedural roadblocks in front of workers seeking back wages. Happy Labor Day! [Law360]

Morning Docket: 09.01.16

* Quinn Emanuel sanctioned by the U.S. International Trade Commission over the Apple-Samsung case. [Law.com] * No rest for the dissolving: Kenyon & Kenyon hit with malpractice suit. [Law360] * Indiana's Go Ahead And Hate Gays Religious Freedom Act invoked in child abuse defense. It's truly a testament to how kerfunkered this whole election is that this episode isn't going to be a devastating scandal for the Trump-Pence ticket. [Chicago Tribune] * Former tech GC takes on housekeeping gig. [Corporate Counsel] * Katten Muchin Rosenman; Manatt, Phelps & Phillips; and Eisner Jaffe all land stadium renaming deals, proving that there's money to be made everywhere. Enjoy AshleyMadison.com Park! [The Am Law Daily] * Score one for the anti-trolls: A federal judge orders a lawyer to pay $22K in legal fees after he filed multiple lawsuits over the use of his pictures. [ABA Journal] * Palestinian Authority terrorism verdict given the heave ho by Second Circuit. [NY Times]

The Second Circuit Holds That Employees Can Be Fired For Not Wanting To Incriminate Themselves

Don't be accused of a crime if you want to keep your job.

Non-Sequiturs: 07.14.16

* Some thoughts from Brad Smith, president and chief legal officer of Microsoft, on his company's big win before the Second Circuit. [On the Issues] * Before the Second Circuit, Microsoft enjoyed a lot of support from amici -- which can make a difference before the U.S. Supreme Court, according to this analysis by Adam Feldman. [Empirical SCOTUS] * Nell Minow, the corporate governance guru (and sister of Harvard Law Dean Martha Minow), has some assigned reading for America's politicians: Professor William Birdthistle's Empire of the Fund: The Way We Save Now (affiliate link). [Huffington Post] * My former colleague Maura Grossman, ediscovery queen of Wachtell Lipton, has left the firm to open her own consulting practice and serve as a research professor. [Am Law Daily] * Social media for lawyers: it's all fun and games until someone loses their good reputation. [Reboot Your Law Practice] * If you are a lawyer between 24 and 49 who's currently working in the northeast, a Ph.D. student would like to talk to you about debt (which you most likely have lots of -- although none is needed to participate in the study). [Abby Stivers] * A final reminder for our L.A. readers that the law firm battle of the bands is taking place tonight -- so come out to support a good cause (and have a great time)! [Family Violence Appellate Project]