Chevron Corp. v. Donziger

Abortion

Morning Docket: 10.14.13

Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule today. We will be back in full force tomorrow. * Justice stops for no one, not even a broken Congress. With the end of days approaching quickly for federal courts in terms of funding (or the lack thereof), many judges are lashing out and declaring all their employees essential. [National Law Journal] * Legal expenses can be especially “painful,” even for the biggest of banks, but sadist firms like Sullivan & Cromwell, Paul Weiss, and WilmerHale are really getting their rocks off on Jamie Dimon’s suffering. [DealBook / New York Times] * DLA Piper’s future’s so bright it’s got to wear shades — and appoint a new co-managing partner in New York City, its largest office. Congratulations to Richard Hans, you’ve co-made it! [New York Law Journal] * “It’s not just about me.” Jim Tanner, a Williams & Connolly partner who represents Jeremy Lin, is leaving the firm to start his own sports management business, and he’s taking people with him. [Bloomberg] * “I have no apologies to make about anything I did.” Steven Donziger of Chevron/Ecuador infamy will be defending himself in court this week in what’s being called a legal cage match. [Wall Street Journal] * “Touro is asking a judge to declare the school a diploma mill.” Irony alert: Touro wants Novus University Law School, a school supposedly conferring “worthless law degrees,” to be stopped. [New York Post] * If you think SCOTUS abused its discretion in the early abortion cases, you’re going to love this book (affiliate link), a “cautionary tale” about consequences of decisions like Roe v. Wade. [Wall Street Journal]

By Staci Zaretsky
Animal Law

Morning Docket: 10.08.13

* Say what you will about Justice Scalia, but the man is hilarious — more funny than his four liberal colleagues combined, according to a statistical analysis of oral argument recordings. [New York Times] * The government shutdown is slowing down the judicial confirmation process, already famous for its speed and efficiency. [The BLT: The Blog of Legal Times] * More about news for Steven Donziger in his long-running battle with Chevron. Maybe it’s time to surrender, Steve? I hear Ecuador is a great place to retire. [New York Law Journal] * Law firm merger mania continues, as Carlton Fields combines with Jorden Burt. [Carlton Fields (press release)] * Herbert Smith Freehills says “you’re hired” to Scott Balber, the lawyer for Donald Trump who got mocked by Bill Maher on national television. [The Lawyer] * You might see your dog as harmless and cuddly, but the law might see your dog as a weapon (and rightfully so, in my opinion). [New York Times via ABA Journal] * Congratulations to all the winners of the FT’s Innovative Lawyers awards. [Financial Times] * And congratulations to Heidi Wendel and Deirdre McEvoy, high-ranking government lawyers headed to Jones Day and Patterson Belknap, respectively. [New York Law Journal] * Today the Supreme Court will hear argument in McCutcheon v. FEC, a major campaign finance case that some are calling “the next Citizens United.” Check out an interview with one of the lawyers behind it, after the jump. [UCTV] Marty Lasden of California Lawyer magazine interviewed the severely conservative James Bopp Jr. for the “Legally Speaking” series (in which I previously participated). It appears this interview with Bopp took place before Bopp got bumped from the podium in favor of Erin Murphy, a young superstar of the Supreme Court bar.

By David Lat
2nd Circuit

Morning Docket: 09.27.13

* Sri Srinivasan was sworn in as a member of the D.C. Circuit by Justice Sandra Day O’Connor, who called him “fair, faultless and fabulous.” The man must have great shoes. [Washington Post] * Things aren’t going very well for Steven Donziger in the Chevron / Ecuador case now, but then again, they never are. The Second Circuit denied his bid to oust the judge on the case. [Bloomberg] * Dewey know how much this failed firm’s ex-landlord wants from 450 of its former partners? Somewhere in the ballpark of $1.6 million to $45.45 million, so it could be painful. [Am Law Daily] * Kilpatrick Townsend & Stockton has already named a new chairman. Congrats to J. Henry Walker IV, a man whose name alone makes it sound like he should probably leading something. [Daily Report] * Time is running out for prosecutors to bring charges against those connected to Bernie Madoff’s Ponzi scheme, but it looks like his niece, a Fordham Law grad, is in their sights. [DealBook / New York Times] * The series finale of Breaking Bad airs on Sunday, and you must be very sad, so here are five compliance lessons to take away from the show. First and foremost, don’t ever hire a Pinkman. [Corporate Counsel] * E.A. Sports and the Collegiate Licensing Company settled the suit filed against them by college athletes, leaving the NCAA to whine, moan, and “take this all the way to the Supreme Court.” [Birmingham News] * George Zimmerman’s wife says her husband “went on a victory tour” without her, and has no idea where he is. Clue: maybe he was advising Cybill Shepherd for her role on Law & Order next week. [Miami Herald]

By Staci Zaretsky
American Bar Association / ABA

Morning Docket: 05.20.13

* Obama might have found out about the IRS scandal “when it came out in the news,” but the Office of White House Counsel knew what was going on weeks ago. Hooray, a new reason for people to lose their sh*t. [Wall Street Journal (sub. req.)] * Life, liberty, and the pursuit of happiness through ridiculously expensive litigation: making up almost two percent of our GDP, our legal system is the most costly on earth, which isn’t exactly something we should be bragging about. [Corporate Counsel] * “It’s no surprise these lawyers would want to get off this sinking ship.” It looks like things are going just swimmingly for Steven Donziger now that John Keker’s out as his defense attorney in the Chevron fraud case. [Thomson Reuters News & Insight] * “Fantasy sports is usually the first and last thing I’ll do each day.” Here’s some proof that there’s such a thing as work/life balance in Biglaw… which is only applicable if you’re a partner. [Am Law Daily] * Law school enrollment is down, and so is tuition revenue, so the legal academy is now selling new degrees. It’s only a matter of time before they market employment timeshares. [National Law Journal] * On the bright side, if you’re still looking for a job, our own David Lat has some advice on how to get one (and how NOT to get one). We miss summer associates’ misbehavior. [U.S. News & World Report] * Congrats are in order for this weekend’s graduates, including the first graduates of LMU’s embattled law school — they won’t let a lack of ABA accreditation rain on their parade. [Knoxville News Sentinel]

By Staci Zaretsky
Anthony Kennedy

Morning Docket: 05.06.13

* It’s springtime, and the nation’s highest court is getting ready to drop some of its biggest decisions yet. If Tolkien had written this, Justice Kennedy would be the one to bear the One Vote. [UPI] * But for SCOTUS to maintain legitimacy in the eyes of the people, its justices must do battle against a “modern-day tsunami of special interests.” How well are they doing? [National Law Journal] * To answer that question, let’s look at their record. Political labels aside, thus far, the Roberts court has shaped up to be “the most pro-business court since the mid-1930s.” [New York Times] * Meanwhile, Justice Thomas has been busy taking shots at President Obama, noting that he always knew the first black president had to be pre-screened by “the elites” and “the media.” [Mother Jones] * Sometimes even federal prosecutors are willing to take pity upon rich old white men: Mel Weiss, formerly of Milberg LLP, won’t be returning to jail after his foray into DUI territory. [Am Law Daily] * “Chevron can afford to litigate this case ‘until hell freezes over.’ But [Steven] Donziger can’t.” As it turns out, clients who can’t pay their bills are problematic for John Keker of Keker & Van Nest. [Reuters] * Penn State Law is continuing with its plans to fleece students at two separately accredited sites, because clearly what the world needs right now is MOAR LAW SCHOOLS. [Centre Daily Times]

By Staci Zaretsky
Akin Gump

Morning Docket: 04.18.13

* “[T]hese senators decided to do nothing. Shame on them” Yesterday, the Senate blocked gun-control legislation that could have saved lives, and Gabrielle Giffords, a victim of gun violence, wrote a powerful op-ed in reaction. [New York Times] * DLA Piper won’t be churning that bill anymore because the firm managed to settle its fee dispute with Adam Victor, but it’s certain that the firm’s embarrassment over the overbilling incident will know no limits. [DealBook / New York Times] * Ahh, best-laid plans: Kim Koopersmith, the first woman to serve as Akin Gump’s chair, never thought that she’d be working in a law firm. In law school, she wanted to work in public interest. [Bloomberg] * You’ll never guess which firm has the best brand in Canada according to the latest Acritas survey, but that’s probably because you don’t care. Come on, it’s Canada. Fine, it’s Norton Rose. [Am Law Daily] * Oopsie! Burford Capital claims that it would never have funded plaintiffs’ representation by Patton Boggs in the Chevron case if it weren’t for a partner’s “false and misleading” statements. [CNN Money] * The wife of a former justice of the peace has been charged with capital murder after she confessed to her involvement in the slayings of Texas prosecutors Mike McLelland and Mark Hasse. [Reuters] * Baltimore Law has a beautiful new building that cost $112 million. Just a thought: perhaps more of that money should’ve been spent putting the class of 2012 to work as lawyers. [National Law Journal]

By Staci Zaretsky
Basketball

Morning Docket: 04.12.13

* Earlier this week, after some political wrangling, Senator Chuck Grassley proposed the Court Efficiency Act in the hope of paring down the D.C. Circuit. But really, come on, what are the odds of that happening… again? [National Law Journal] * Biglaw partners, rejoice, for it seems that your legal secretaries will be unable to sue you for defamation over emails written to your wives. Spousal privilege, baby! (N.B. This doesn’t apply to your girlfriends.) [New York Law Journal] * Which law schools placed the highest percentage of grads in federal clerkships? This info comes from the rankings guru himself. We may have more on this later. [Morse Code / U.S. News & World Report] * The Rutgers basketball scandal claimed another scalp yesterday after the school’s former general counsel resigned. Rutgers Law dean John Farmer will be stepping in for a brief assist. [Star-Ledger] * So, do you remember that environmental report Steven Donziger allegedly had made up in the Chevron case? Yeah, the consulting firm just disavowed all of the evidence in the report. Oops! [Businessweek] * Say so long to your retirement money, sweetie: Junie Hoang, the actress who sued IMDb for revealing the fact that she was over the hill, received a less than favorable jury verdict. [Houston Chronicle]

By Staci Zaretsky
Conferences / Symposia

Non-Sequiturs: 01.28.13

* The latest bombshell in the Chevron / Ecuador litigation: an ex-judge cops to participation in a bribery scheme. [Fortune] * I wish this “defense” of posting one’s law school grades on Facebook were more full-throated and “in your face.” [Virginia Law Weekly] * I suspect Professor Stephen Bainbridge is in the minority here. Most of my law professor friends enjoy all-expenses-paid trips to the Cayman Islands. [Professor Bainbridge] * Professor Glenn Reynolds: “As the GOP looks for issues it can win on, how about lowering the drinking age?” I’ll raise a glass to that. [Instapundit] * Ahoy, mateys! Did the Supreme Court grant cert in that piracy case out of the Fourth Circuit? [FindLaw] * Not all liberals hate guns. [New York Times] After the jump, the dashing and handsome Ryan Chenevert — Cosmo’s reigning Bachelor of the Year, and a Louisiana lawyer — offers his thoughts on dating…. Don’t you just love that southern accent?

By David Lat
Environment / Environmental Law

Non-Sequiturs: 02.02.11

* I’m doing Non-Sequiturs today, since Elie is too busy marching on City Hall. [Reuters] * A round-up of lawyer moves inside the Beltway — including another defection from Howrey (patent litigatrix Jennifer Dzwonczyk, to Venable). [Capital Comment / Washingtonian] * Speaking of Howrey, Professor Larry Ribstein, a partnership law guru, has some questions about […]

By David Lat