Age Discrimination

* Michael Cohen’s lawyers say just a little over 12K of their client’s files are privileged. That’s out of 4 million… and still seems high. [Law360]

* If you thought the Westworld videogame felt suspiciously like Fallout Shelter, so did the makers of Fallout. [BBC]

* Online retailers are confused in the post-Wayfair world. They’ve built algorithms that can guess what you want to purchase before you think of it, but they’re totally baffled about tacking 6 percent on a sale heading to Kentucky. [Corporate Counsel]

* Professor Tim Wu thinks yesterday’s Amex decision has devastated antitrust law. There’s no argument that this was the Court’s intent, but it strikes me that the decision prevented the market from rapidly devolving into a Visa/MasterCard duopoly — since they already have a near stranglehold on the market — so it’s hard to consider this anticompetitive in result even if it is in reasoning. [NY Times]

* The economic dumpster fire that is Kansas will have to cough up more money to fund schools according to their Supreme Court, based on the state’s constitutional obligation to equitably fund education. Don’t worry, the Trump administration sees Kansas as a model for the country! [Courthouse News Service]

* Age discrimination could blow up soon if the Seventh Circuit expands protection to job applicants. It’s a pressing issue for an aging generation just now realizing that they’ve spent 30 years voting for the government to pilfer their retirement. [National Law Journal]

* Lawyer indicted on charges of stealing $150K from clients. [NY Post]

* According to his friends, President Trump is reportedly planning to ask Attorney General Jeff Sessions to prosecute special counsel Robert Mueller and his team. Considering he’s done nothing wrong, it’s anyone’s guess as to what Mueller could possibly be prosecuted for, but that’s neither here nor there. [CNBC]

* For the first time in more than 80 years, the Senate has confirmed a circuit court judge with a missing blue slip. Yesterday, Judge David Stras of the Minnesota Supreme Court was confirmed to the Eighth Circuit, with a 56-42 vote that threw decades-old tradition to the wind. [The Hill]

* “It’s really important that lawyers in large firms know that they can sign up….” In the short time since the initiative was announced, more than 500 lawyers have signed up to take on cases for the Time’s Up legal defense fund, and they’ll be able to provide free consultations to victims of workplace sexual harassment. [Big Law Business]

* The robots are coming: Former payroll managers from Dechert claim in a federal age and gender bias suit that they were laid off because they were the oldest women employees in the department. The firm says that’s not the case, since it was cloud-based technology, not discrimination, that took their jobs. [Legal Intelligencer]

* A California appellate court has breathed new life into a proposed class action that accuses Tinder of charging older users more money to use the enhanced version of the app. The judge who wrote the opinion reversed the lower court using slang very familiar to dating app aficionados. We’ll have more on this later. [The Recorder]