Alternative Fee Arrangements

Morning Docket

Morning Docket: 08.11.17

* President Donald Trump rejects reports that he's considered firing special counsel Robert Mueller, while offering a less-than-ringing endorsement of his relationship with Attorney General Jeff Sessions: "It is what it is." [New York Times] * Former Trump campaign manager Paul Manafort, whose house was the subject of a predawn raid by the FBI, parts ways with WilmerHale and goes back to his former lawyers at Miller & Chevalier. [National Law Journal] * Meanwhile, the Trump administration files its opening brief in the Supreme Court in the travel ban litigation. [How Appealing] * Georgetown Law launches a new con-law center, the Institute for Constitutional Advocacy and Protection, led by star SCOTUS litigator Neal Katyal, former National Security Council official Joshua Geltzer, and former Justice Department official Mary McCord. [ABA Journal] * Some Democratic senators claim that the White House isn't consulting them enough about judicial nominations. [Politico] * The hype may exceed the reality on alternative-fee arrangements -- but not at pharma giant GlaxoSmithKline, which takes an aggressive and innovative approach to AFAs. [Am Law Daily] * Settling the "pink slime" litigation cost Disney/ABC how much? [How Appealing] * Also not cheap: the costs of bad-faith discovery spoliation. [Big Law Business]

By David Lat
Morning Docket

Morning Docket: 08.02.17

* "We have a very crappy judicial system." Judge Richard Posner of the Seventh Circuit says the Supreme Court has far too few justices, and is calling for 10 more to be added to the high court's ranks, as he thinks the current arrangement on the bench is "[m]ediocre and highly politicized." Tell 'em how you really feel, Your Honor. [Chicago Tribune] * "This is deeply disturbing." The Justice Department's civil rights division is planning to sue colleges and universities that engage in "intentional race-based discrimination" in their affirmative action policies -- that is, discrimination against white applicants. Hmm, wasn't this recently before SCOTUS... twice? [New York Times] * RIP, billables: Microsoft wants to completely eliminate the billable hour by entering into alternative fee arrangements with all of the firms it works with in the future. Twelve Biglaw firms and one intellectual property firm will spearhead this movement as the company's strategic partners. [Big Law Business] * The Department of Education has filed a motion for summary judgment in a suit brought by the ABA over public service loan forgiveness, claiming that its forgiveness eligibility determinations won't be final until 10 years have passed and that any eligibility letters sent thus far are nonbinding and merely advisory. How comforting for law grads drowning in debt? [Law.com; ABA Journal] * The Senate has confirmed King & Spalding partner Christopher Wray as the new director of the FBI. During his hearings, Wray said he'd resign if he were ever asked to do something immoral or illegal, as his "commitment is to the rule of law, to the Constitution, to follow the facts wherever they may lead." [CNN]

By Staci Zaretsky