Chevron Corp. v. Donziger

Morning Docket

Morning Docket: 08.09.16

* Did Chief Justice Roy Moore of the Alabama Supreme Court commit judicial misconduct when he instructed probate judges that the state's same-sex marriage ban was still in effect despite the Supreme Court's decision in Obergefell? The state's Court of the Judiciary has set a date for a trial-like proceeding on the ethics charges Moore faces for late September. [ABC News] * If you want to go to law school and you've got your heart set on a particular institution, it may be in your best financial interests to apply early decision. A few law schools are now offering significant scholarship opportunities to early applicants -- in some cases, full tuition scholarships are being handed out. [Law Admissions Lowdown / U.S. News] * "Even innocent clients may not benefit from the fraud of their attorney." Chevron Corp. has prevailed in a long-running environmental law case set in an Ecuadorian rainforest. Lawyers for the oil and gas company convinced the Second Circuit that an $8.65 billion judgment was obtained through attorney Steven Donziger's bribery and fraud. [Reuters] * The family of slain Florida State law professor Dan Markel has accepted a $40,000 settlement from the Consolidated Dispatch Agency in connection with a wrongful death case. Due to an "error by dispatchers," it took approximately 19 minutes for ambulances to arrive at Markel's home as he lay dying after being shot. [Tallahassee Democrat] * This is why indebted law students can't have nice things: while the American Bar Association may have changed its tune when it comes to law students earning pay for credit-bearing externships, it will allow law schools to be the ultimate arbiters on whether academic credit will still be offered for these job placements. [Law.com]

By Staci Zaretsky
Morning Docket

Morning Docket: 04.17.15

* “The top is eroding and the bottom is growing." Even as class sizes get smaller and tuition gets lower, the law school brain drain continues. America's best and brightest won't be fooled into studying law when the job market is still so unstable, but others have been. [Bloomberg] * Attorneys for California's sex workers have filed suit to overturn the state's ban on prostitution, claiming that "[t]he rights of adults to engage in consensual, private sexual activity (even for compensation) is a fundamental liberty interest." Yeah, okay. [AP] * “The simple story is that $160,000 as a starting salary at large law firms is less prevalent than it was immediately prior to the recession." You can scream "NY TO 190K!" all you want, but starting salaries have remained flat. Sowwy. [DealBook / New York Times] * U.S. Attorney Preet Bharara of the Southern District of New York has involved himself in an "escalating war of words" with members of the federal judiciary that he may come to regret. Will this “petulant rooster" be able to kiss and make up? [New York Times] * Per a recently filed lawsuit, Alex Rodriguez of the Yankees still hasn't paid a single law firm for their representation in the Biogenesis case. He allegedly owes Gordon & Rees $380,059 in unpaid fees. Come on, A-Rod. You've got the cash. [New York Daily News] * Infamous plaintiffs' attorney Steven Donziger of the $9.5 billion Chevron / Ecuador kerfuffle decided that if he can't win his case in a court of law, he might as well try to win it in the court of public opinion. Check out his side of the story. [Law360 (sub. req.)]

By Staci Zaretsky
2nd Circuit

Non-Sequiturs: 10.31.14

* Thanks to Wonkette for pointing out that we were on this whole Ruth Baby Ginsburg thing last year. [Wonkette] * Speaking of our legally themed Halloween costume contest, please send us your nominations. [Above the Law] * Salacious allegations about a high-flying investment banker invite comparisons to The Wolf of Wall Street. [Dealbreaker] * The Second Circuit puts a stop to a legal challenge to the stop-and-frisk settlement. [How Appealing] * You’d expect a former lawmaker to have a better understanding of… the law. [Lexington Herald-Leader] * The Wall Street Journal reviews Paul Barrett’s new book (affiliate link) about the never-ending Chevron/Ecuador litigation. [Wall Street Journal] * Speaking of the Chevron/Ecuador matter, here’s more about the Canadian Bar Association’s controversial involvement, which Canada columnist Steve Dykstra covered earlier. [rabble.ca] * Some thoughts from Jonathan Mermin on something lawyers see every day: bad arguments. [Green Bag] * Here’s a great new resource for our fellow aficionados of appellate arguments. [Free Law Project]

By David Lat
Barack Obama

Morning Docket: 09.22.14

* Politics and Biglaw just don’t mix: House Republicans hired Quinn Emanuel to handle their suit against President Barack Obama after Baker Hostetler withdrew from the representation due to “political pressure” the firm was facing. [Politico] * The paper and napkin-eating “Middleman” in the post-it note insider trading ring pleaded guilty to securities fraud charges. This might make it difficult for his cohorts to substantiate their not-guilty pleas. [DealBook / New York Times] * “This is a tale with no shortage of knaves or villains.” If you’re interested in learning about Chevron’s legal wranglings in Ecuador and with plaintiffs attorney Steven Donziger, there are a bunch of interesting new readings for you to peruse. [WSJ Law Blog] * Crisis in legal education be damned! They may have bad timing, but these law schools are focusing on building bigger and better facilities for students they’re unable to put in their seats. [National Law Journal] * Ohio law schools have taken a bruising in terms of decreased enrollment, but the University of Toledo has faced the worst of it. With a 25.9% reduction in 1Ls, tuition cuts can only do so much. [Toledo Blade]

By Staci Zaretsky
Baseball

Non-Sequiturs: 07.11.14

* For all you surprised by LeBron James, let me remind you: Cleveland is all about two non-consecutive stints. [Wikipedia] * Speaking of basketball, Mitchell Epner takes his talents to CNBC to breakdown the 5 things he learned during the first week of the Donald Sterling trial. [CNBC] * Who is the Litigator of the Week, per Litigation Daily? It’s Daniel Gitner of Lankler Siffert & Wohl because he became the first lawyer to beat the S.D.N.Y. U.S.A.O. in an insider trading case. Also because he’s awesome. Pardon me while I put on my LSW shirt. [The Litigation Daily (sub. req.)] * Hey! Take a second to take our latest law firm survey. We really want your feedback on your perception. [Above the Law] * “5 Reasons the Sleeping Yankees Fan’s Lawyer Should Be Disbarred.” Fair enough. [Internet on Trial] * Will the EPA’s latest carbon rule survive judicial challenge? I would have said “no” but after Homer City… [Breaking Energy] * Do blondes make more money? I guess that’s the trade-off with being the focus of revenge porn. [The Careerist / American Lawyer] * Aereo is back. Sort of. [Comm Law Blog] * A former Patton partner lost his new job at Pillsbury over the Chevron case. Could anybody have suffered more over this case? Oh, right, all the Ecuadorians. [Legal Times] * While you weren’t looking, even fewer people took the LSAT. Obviously. [LSAC]

By Joe Patrice
Accounting / Accountants

Non-Sequiturs: 02.06.14

* A guy who tried to get on the bench more than once was just busted in a prostitution sting. Oops. He also spells his name weird. [The Press Democrat] * Tomorrow, Gibson Dunn partner Miguel Estrada will argue before the Second Circuit that private parties can’t get injunctions under RICO. For those keeping score, Gibson Dunn partner Randy Mastro hangs his whole case in Chevron v. Donziger on a request for an injunction under RICO. Time to play the Distinguish Polka. [Courthouse News] * Wait until the RIAA realizes there are royalties to be made at CIA black sites in Uzbekistan. Because the only thing more torturous than being forced to listen to this music is the tenacity of the RIAA. [Slate] * More on the legislative fight over accrual accounting versus cash-basis accounting for Biglaw firms. To the barricades! Swear your allegiance to Generalissimo MacEwen! [Adam Smith, Esq.] * Is there a right to online anonymity? All the people out there trying to hire contract killers over the Internet certainly think so. [InsidePrivacy] * Jay Edelson and Chandler Givens of Edelson PC examine the flawed law firm recruitment model. [Legal Solutions Blog / Thomson Reuters] * Slip and falls at the IRS office. [Lowering the Bar]

By Joe Patrice
Associate Advice

Morning Docket: 01.27.14

* Choose your own adventure: Will you read this to see how many times Justice Alito recused himself during OT 2013? Or will you read this to see Justice Alito’s doofy-looking picture? [National Law Journal] * Hackers took down the entire PACER system as well as various federal court websites on Friday. No, the FBI says it was “technical problems.” Oops, nope, still hackers. :( [Switch / Washington Post] * It seems the best way to train new associates is to do the opposite of what Biglaw has been doing for decades. Take Stephen Susman’s word for it — you could probably end up with a $40k bonus. [The Careerist] * A decision hasn’t been rendered in the Chevron case yet, but is Steven Donziger feeling pessimistic? He’s already hired impressive appellate counsel. [WSJ Law Blog] * “Everybody’s been very nice to us, even though we’re lawyers.” Shocker. David Boies, Ted Boutrous, and Ted Olson had fun at the Sundance Film Festival promoting “The Case Against 8.” [Associated Press] * Finally, a happy ending to an absurd science experiment. Over the weekend, a judge ordered that Marlise Munoz, a brain-dead pregnant woman in Texas, be removed from her respirators and ventilators. [CNN]

By Staci Zaretsky