What Publishing Industry Downturn? Legendary Publisher Simon & Schuster Acquired For $1.62B
Defying an overall cooling market for books, Simon & Schuster has posted strong sales for the past two years.
Morning Docket: 07.24.23
* Come August, The Wisconsin Supreme Court will be a majority Democrat. Liberals in the state have big plans -- particularly on abortion and voting rights. [Huffington Post] * The DOJ and FTC have released new merger guidelines. They want to bring antitrust enforcement back to its roots. [Law360] * Want a corporate board seat? Now's your moment! Thanks to increased regulations everyone wants an attorney on their board. [Bloomberg Law] * Sam Bankman-Fried will finally shut up. The talkative founder of crypto exchange FTX has accepted a gag order in the criminal case against him, though his attorney contest that his previous interviews with reporters amounts to witness tampering. [Reuters] * Biglaw "caste system"? Sounds pretty accurate to me. [Law.com] * With more legal threat closing in, Donald Trump is only getting Trump-ier. Thankfully, that's unlikely to work in court. [Salon]
Paying for Law School in 2025: A Straight-Talk Playbook
Juno has consistently secured the best private loan deals for students at the Top MBA programs since 2018—now they’re bringing that same offer to law students, at no cost. Students can check their personalized offers at juno.us/atl This article is for general information only and is not personal financial advice.
Morning Docket: 07.14.23
* Here we go again! Biden uses another avenue to issue some of the student debt relief blocked by Republicans in the Super Legislature. [Reuters] * After the Supreme Court opened the floodgates to foreign knockoffs, IP lawyers are left “questioning” what’s left. [Bloomberg Law News] * Fake money leads to real federal fraud charges. […]
Morning Docket: 07.13.23
* The FTC is appealing its case against the Microsoft-Activision merger. There's a lot of talk about the FTC "failing" but even in losing they forced Microsoft to publicly claim it wouldn't make key franchises XBox exclusives and... that's a victory in itself. Successful litigation doesn't have to end in a win to have been a smart case to bring. [Law360] * But, because everything is stupid now, the FTC is going to get grilled in a congressional hearing. [Reuters] * Gun ban in state parks upheld because the law has never been enforced and may never be... haven't these people heard of 303 Creative? You don't need any of that anymore. [Hartford Courant] * Allen & Overy's managing partner has stepped down in the midst of the Shearman merger negotiations. [Bloomberg Law News] * The Titanic sub disaster underscores the need for robust anti-SLAPP laws. [Daily Beast] * NCBE unveils its nextgen bar exam questions. They are not much better than the existing questions. [Law.com] * A new wrinkle in the hybrid office reality: small firms sharing office space. A new ethics opinion deals with this issue and hopefully settles who gets to decide if the toilet paper is overhanded or underhanded. [ABA Journal]
Morning Docket: 07.12.23
* In bothsideism push, conservatives are hyping that Sotomayor's book tour makes hosts purchase copies. Putting aside that this is how book tours work everywhere, the complaint underscores that Alito and Thomas defenders think the problem is "justices making money" as opposed to "justices getting paid by parties trying to influence the judges." [AP] * Lawsuit brought against Idaho's abortion travel ban. [Law.com] * It's not just law firms forcing people back to in-person work just because old partners feel lonely. Judges are willing to let the wheels of justice grind if it gives them some playmates throughout the day. [New York Law Journal] * "Judges Confused by Supreme Court’s Historical Test for Gun Laws." It can be confusing if you get tripped up on the "historical" part. But it's really easy once you ignore all the actual history and only use the gun manufacturer fan fiction account in Bruen. [Bloomberg Law News] * Mainstream media asking snide questions about antitrust law after Microsoft ruling. [NY Times] * Judge Newman's battle with the rest of the Federal Circuit now has a mediator. [Law360]
Morning Docket: 07.06.23
* Employers are finally stepping up and suing health insurers for continually screwing over employees in case you're looking for a lawsuit with the least sympathetic defendants imaginable. [Bloomberg Law News] * It's arraigning men... or at least one man as Walt Nauta heads to the courthouse today. [Reuters] * AI won't disrupt the legal world for a good while yet. [LegalCheek] * Cop shows never read the second half of Miranda and it shows. [ProPublica] * Did you know not to use a Sharpie for redactions? I thought everyone did, but apparently not. [Legaltech News] * JetBlue won't appeal antitrust loss in bid to secure larger market share a different way. [Law360]
Skills That Set Firms Apart
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Morning Docket: 06.29.23
* While Sam Alito rewrote laws to help oil and gas exploit more land, his wife was... making land deals with oil and gas companies. But I guess that's okay because his wife's money isn't "adjacent" to him because the couple is not physically "continuously connected." [The Intercept] * Law professor who feels persecuted because law schools hire other professors to teach classes about racism is going after a law school for having a "students of color" outreach program. By the end of the week, he's probably going to have the Supreme Court's backing on that one. [NY Post] * So many of the problems facing Ron DeSantis could be solved by taking 10 minutes to read the Constitution. [CBS News] * California's ban on using public funds to travel to states with pro-bigotry laws on the books has hurt Black academics who can't travel to conferences in those states. Which was the obvious outcome. Unless California plans to put resources behind bidding on and hosting all of these national conferences, the policy is always going to turn out this way. [Los Angeles Times] * The FTC plans to file a sweeping antitrust suit against Amazon in a few weeks. It took a lot longer to deliver than a Prime package, but it's worth the wait. [Bloomberg Law News] * UK law firms worried that ChatGPT might be writing job applications. Oh no! How will firms survive once AI learns to write "I think my greatest weakness is that I care too much about the work." [Law.com International] * "Privacy Suit Says AI Could 'Decide To Eliminate The Species.'" Or worse: cover letters. [Law360]
Pyrrhic Victory Or Not, O’Melveny Wants Their $139 Million
It may have been more cost effective for everyone to settle this over a game of rock-paper-scissors.
Morning Docket: 06.07.23
* Department of Justice likely to get involved in PGA/LIV merger. Weird how spending major Biglaw dollars calling one of them a monopoly might backfire when you try to merge with them. [Law360] * After inviting thorough mocking of their legal acumen, Harlan Crow's lawyers at Gibson Dunn back away from original "let's just do contempt" offer and suggest a meeting with Senate staffers. [NBC News] * Speaking of... comparing Clarence Thomas to the "lowliest" federal worker is a stark reminder that John Roberts is running a cesspool of ethical compromise. [Bloomberg Law News] * Batman defeats Italian designer in trademark dispute. Not that it matters... that guy will break out of Arkham and be designing clothes again within a couple months. [Reuters] * "There Is One Group the Roberts Court Really Doesn’t Like." Take a guess! It's fun because there's at least three or four groups it could be! [New York Times] * Move over law firms, legal technology vendors poised to become next fashionable cyber target. [Legaltech News] * A dive into K-Pop and contracts. [LegalCheek]
Morning Docket: 05.11.23
* The new US News rankings are out for everyone to complain about and the final tally of boycotting law schools rests at 63. Congratulations... the rankings make even less sense now than before because of you! [Law.com] * On that note, the new US News rankings also devalued faculty expertise... right when institutions in GOP-led states are attacking tenure. Great job! [Chronicle of Higher Education] * First Circuit tosses Varsity Blues conviction, which is great news for admissions officers looking to earn some on the side. [Law360] * Dianne Feinstein returns to the Senate allowing the Judiciary Committee to sort of function again. And all it cost is some self-imposed elder abuse. [Bloomberg Law News] * Fani Willis drops objection to Kimberly Debrow now that the lawyer has shed a couple more clients. Honestly unsure what's worse: the prosecutor trying to get you kicked off the case or the prosecutor then deciding, "you know what... we're happy to have you represent the defendants." [NY Times] * Antitrust is broken and willing prosecutors aren't enough to fix it because corporate stooge judges make taking a case to trial poses too much risk. And Democratic nominees have been largely to blame. [American Prospect] * University of Maryland forced to end its streaming service after being reminded that it doesn't own its streaming rights. This is what happens when you try to come out of your shell. [Washington Post]
Decrypting Crypto, Digital Assets, And Web3
"Decrypting Crypto" is a go-to guide for understanding the technology and tools underlying Web3 and issues raised in the context of specific legal practice areas.
Morning Docket: 04.26.23
* Former sex crimes prosecutor breaks down the little things from the first day of Trump's rape trial. [Daily Beast] * John Roberts refuses to comply with Senate subpoena. But sometimes it's worth setting off a constitutional crisis over... graft. [CNN] * It's sentencing day for Steve Bannon's fake wall charity buddies! [Reuters] * Almost twice as many young associates hope to make partner than in the same poll a couple of years ago. [American Lawyer] * UK blocks Microsoft's bid to takeover Activision Blizzard. At least prove they can push Starfield out the door before letting them run Call of Duty. [Bloomberg Law News] * Expert witness tells jury that Juul knew it was marketing to kids. Juul's manufacturer denies the charge while taking a deep drag of FrootLoops-flavored smoke from its glowing neon device. [Law360] * New York on the brink of blocking criminal defense attorneys from timely access to key discovery so the governor can claim that it's tough on crime for the handful of criminal defendants acquitted have worse odds. [New York Times]
Merrick Garland Is Just Like Us: He’s A Huge Taylor Swift Fan
And he loves referencing her lyrics.
Morning Docket: 02.27.23
* Should one admission be enough to practice in all federal courts? If we let a single judge in the middle of nowhere issue injunctions binding the whole country, we may as well let the lawyers practice across the country. [National Law Journal] * Reddit stories are always a little suspect, but could this law student have lost a job over "bofadeez nutz" greeting? [LegalCheek] * A pair of siblings have barricaded themselves in a room at their mom's house and taken to TikTok after a Utah judge ordered them returned to their father AFTER the state child welfare agency concluded that the father sexually abused the kids. A lot of people just shouldn't be allowed to be judges, y'all. [ProPublica] * FTC ends its challenge to the Meta-Within deal. Remember this when we're all stuck in Zuckerberg's Metaverse hellscape in a few years. [Law360] * Texas prosecutors can't go after people for offering financial aid to women seeking abortion care in other states, which for some reason required a court ruling to clarify. [Reuters] * States sue FDA over moves to limit abortion pill access, which the administration is limiting right as states crack down on reproductive health care. [Courthouse News Service]
Justice Department Sues Huge Search Engine For Destroying Evidence During Antitrust Suit
This is not what GDPR meant by the right to be forgotten.
The Missed Opportunities Of The Khan FTC Are Glaring
From the missed opportunities department.