Confirmations

8th Circuit

Morning Docket: 04.25.13

* On this episode of Supreme Court Retirement Watch, we learn that for whatever reason, Justice Breyer is “having the time of his life,” and so once again, all eyes are upon Justice Ginsberg. Maybe in 2015, folks. [The Hill] * How unusual that a federal judge would see a confirmation in less than three months. If only Chuck Grassley owed favors to all of the nominees. Congratulations to Jane Kelly, now of the Eighth Circuit. [Legal Times] * Thanks to an unprecedented ruling from Judge Dolly Gee, mentally disabled immigrants facing deportation will be receive government-paid legal representation. New law school clinics, assemble! [New York Times] * “Among the things the ABA is working on, this may be the most important.” Too bad the Task Force on the Future of Education seems to suffer from too many cooks in kitchen. [National Law Journal] * Another one bites the dust: Team Strauss/Anziska’s lawsuit against Brooklyn Law School over its allegedly phony employment statistics has been dismissed. Sad trombone. [WSJ Law Blog (sub. req.)] * Justin Teixeira, one of the Berkeley law students accused in the Las Vegas bird beheading, waived an evidentiary hearing so the media couldn’t squawk about video images they’d see. [Washington Post]

Alex Kozinski

Non-Sequiturs: 04.08.13

* Thieves made off with 5.5 tons of Nutella. Damn you Danny Ocean! [CBS News] * Don’t try to play Baseketball in Canton, Ohio. [Legal Juice] * The SEC finally allows companies to distribute disclosures via social media. Welcome to the 21st Century, SEC. [IT-Lex] * Speaking of the SEC, Mary Jo White was confirmed by the Senate. [Fox Business] * Judge Kozinski: “Can I get an oy vey up in here?” [COLLive] * Kentucky is just all kinds of screwy. Lawyer jailed for not turning over documents/running drug ring. [AP] * Energy law was number two in law firm activity this quarter. For the billionth quarter in a row, Third Amendment law failed to crack the top 10. [AOL Energy] * Ha! “Thus, it seems that (as has so often occurred in IP law) the focus on the problems of copyright and patent has allowed trademark law to engage, unsupervised, in a great deal of mischief.” [Law of Fashion] * Just a reminder: Legalizing gay marriage does not end discrimination. [National Law Journal]

Bankruptcy

Morning Docket: 04.08.13

* President Obama apologized to Kamala Harris after referring to her as the “best-looking attorney general in the country.” We’re guessing the First Lady was none too pleased with her husband’s behavior. [New York Times] * If you’re unemployed (or were the victim of a recent layoff), try to keep your head up, because there’s still hope for you. According to the Bureau of Labor Statistics, the legal sector added 2,000 jobs last month. [Am Law Daily] * The 10 percent vacancy rate on the nation’s federal courts is unacceptable and the New York Times is ON IT. Perhaps D.C. Circuit hopeful Sri Srinivasan will have some luck at this week’s judicial confirmation hearing. [New York Times] * Shine bright like A. Diamond: Howrey’s bankruptcy trustee is still trying to get “unfinished business” settlements from several Biglaw firms, but managed to secure funds from ALAS. [Capital Business / Washington Post] * Contrary to what law deans tell you in the op-ed pages, if you want to work as a real lawyer, it actually matters where you go to law school. We’ll probably have more on this later today. [National Law Journal] * Cooley Law took a hard hit in the appeal of its defamation case against Rockstar05, and now the disgruntled blogger may seek a dismissal. Score one for anonymous online speech! [Ars Technica] * Margaret Thatcher, Great Britain’s first female Prime Minister, RIP. [CNN]

2nd Circuit

Morning Docket: 03.12.13

* If you hate the government and you hate lawyers more, then you’ll love this. In the past five years, the feds have awarded $3.3 billion to more than 4,700 vendors for legal work. [National Law Journal] * A year and a half after he was nominated for a Federal Circuit judgeship, and more than a year after his hearing, the Senate finally decided to confirm Richard Taranto. How kind. [Blog of Legal Times] * Pretty pretty please? Zvi Goffer and Michael Kimmelman would really really like it if the Second Circuit could overturn their insider trading convictions due to unfairness. [Thomson Reuters News & Insight] * The U.S. News law school rankings are often criticized, and here’s why: if survey respondents “were asked about Princeton Law School, it would appear in the top 20. But it doesn’t exist.” [Chronicle of Higher Education] * Nevermind the fact that law school applications are down, but Northwestern Law is doing the “responsible thing” and reducing the size of its incoming class — and raising tuition by 3% to boot. [Wall Street Journal] * Jason Rapert, the Arkansas senator who passed a fetal-heartbeat abortion ban in his state, says he “has no time” for anyone who says it’s unconstitutional. To paraphrase, ain’t nobody got time for that. [New York Times]

Biglaw

Morning Docket: 02.27.13

* The Supreme Court will be hearing oral arguments today on a challenge to the Voting Rights Act. If for some reason you’re not sure why you should care about this, here’s everything you need to know to sound intelligent at the water cooler. [New York Times] * If the sequester goes into effect this Friday, Attorney General Eric Holder warns that we’re probably going to see “profound” effects across the entire justice system. America, f**k yeah! Coming again to save the motherf**kin’ day, yeah! [National Law Journal] * It looks like the tiny and terrifying Mary Jo White is currently on the Congressional pageant trail ahead of her March confirmation hearing for SEC leadership, and now she’s even vowed never to return to Debevoise & Plimpton. [DealBook / New York Times] * A coup for Cadwalader and a casualty for Cravath: Jim Woolery chose another firm over his former home of 17 years, and it may have something to do with the Biglaw bonus market leader’s “sometimes antiquated” regime. [Am Law Daily] * “There are many more fish chasing the same business,” but that’s not stopping new white-collar boutiques from trying to compete for business in what some say is an overly crowded market. [New York Law Journal] * Louis Oberdorfer, district judge of the D.D.C. and former SCOTUS clerk, RIP. [Blog of Legal Times]

10th Circuit

Morning Docket: 02.26.13

* Our own Elie Mystal isn’t the only one who’s capable of fanning the flames of race baiting — it seems that Supreme Court justices can do it, too! We’ll probably have more on Justice Sonia Sotomayor’s benchslap later today. [The Two-Way / NPR] * Patience is obviously one of this judge’s virtues, because this took a looooong time. After waiting more than a year for people to put their petty political pandering aside, the Senate confirmed Robert Bacharach to the Tenth Circuit. [Blog of Legal Times] * Mary Jo White, the nominee to lead the SEC, will probably face her confirmation hearing in March. Her legal wranglings at Debevoise may be of interest to some, but really, who cares? She’s so cute and tiny! [Reuters] * Mayer Brown and the terrible, horrible, no good, very bad year: gross revenue is up overall at most Biglaw firms, but not this one. In 2012, Mayer Brown’s revenue dipped 3.7 percent for a six-year low. [Am Law Daily] * Kirkland & Ellis, now the fifth-largest Biglaw firm in the nation, is leading the market in terms of top dollar merger-and-acquisition deals. Now, if only the firm could get some bananas. [Crain's Chicago Business] * Orderly liquidation authority may be a legitimate exercise of power under the Bankruptcy Clause, but as far as these states are concerned, it’s just another reason to hate the Dodd-Frank Act. [DealBook / New York Times] * Remember Peggy Ableman, the judge who ordered lawyers to attend a course on remedial civility in their “jammies”? She’s now at McCarter & English, so mind your manners. [Thomson Reuters News & Insight] * An “astronomically stupid” legal loophole? Unpossible! Gun trusts are seeing the limelight because Chris Dorner claims he used one to purchase his paraphernalia without a background check. [New York Times]

Clarence Thomas

Morning Docket: 02.19.13

* Save for an unintelligible joke made last month, it’s been seven years since Clarence Thomas has spoken during oral arguments, much less asked a question, but with no offense to his colleagues, he’d rather “allow the advocates to advocate.” [Washington Post] * Sorry, members of the American public, but something like 95 percent of you are too stupid to understand what’s going on during Supreme Court hearings, so there’s no point in having cameras in the courtroom to film them. (Sotomayor, J.) [New York Times] * “Having an empty bench means people don’t get their cases heard,” but it seems like Senate Republicans could not care less. Obama’s facelift for the federal judiciary is going to have to wait a little while longer. [San Francisco Chronicle] * A lawgasm for prestige nerds: the Harvard Law Review received federal trademark protection, and with that, the number three law school in the country gained some bragging rights over Yale. [Daily Report (reg. req.)] * Oh my God, you guys, law school applications are down, no one can find jobs, and recent graduates are in debt up to their eyeballs. This is totally new information that no one’s heard before. [Pittsburgh Post-Gazette] * Turning to your parents for law school advice is perhaps the worst idea in the world — after all, they’re the cause of your “special little snowflake” syndrome in the first place. [Law Admissions Lowdown / U.S. News]

Akin Gump

Morning Docket: 02.12.13

* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily] * Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal] * Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET] * Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal] * Remember the lawyer who sued Westlaw and Lexis for copyright infringement? Judge Jef Rakoff dismissed it for reasons yet to be disclosed, but probably for legal dumbassery. [Thomson Reuters News & Insight] * “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]

Biglaw

Morning Docket: 01.30.13

* Justice Sotomayor’s memoir made the NYT’s best-seller list, and in terms of sales, she’s officially beating the pants off other Supreme Court justices who’ve released books of a similar nature. [WSJ Law Blog (sub. req.)] * In case you were sleeping under a rock yesterday when this happened, John Kerry was confirmed by the Senate as secretary of state. Don’t think we’ll be getting a Texts From John Tumblr, though. [New York Times] * Despite having a “pretty spectacular” year, Blank Rome’s legal secretaries may soon find themselves blankly roaming in search of new employment. Better hurry up, the buyout offer expires on Friday! [Legal Intelligencer] * Straight up now tell me, do you really wanna sue me forever? Corey Clark once claimed he had an affair with American Idol judge Paula Abdul, and now he claims MoFo and Gibson Dunn defamed him. [Am Law Daily] * In this round of musical chairs, we learn that Orrick hoovered up three energy and project finance partners from Bingham, one of whom will co-chair the firm’s U.S. energy group. [Thomson Reuters News & Insight] * Remember the Zumba prostitution ring? Now we know you can’t be prosecuted for secretly filming Johns in the act in Maine, because there’s no expectation of privacy in “bordellos, whorehouses, and the like.”[Wired] * Energy drink makers are facing class action suits over claims made about their products. Fine, Red Bull may not give you wings, but it tastes like piss, and that’s gotta count for something, dammit. [National Law Journal] * Much like herpes, Lindsay Lohan’s legal drama is the gift that just keeps on giving. Her longtime lawyer Shawn Holley wants out, and her new lawyer, Mark Heller, isn’t even licensed to practice in California. [CNN]

Airplanes / Aviation

Morning Docket: 01.02.13

* While Chief Justice of the United States John Roberts made a plea to keep funding for the federal judiciary intact, we learned that student loan default cases have fallen since 2011. You really gotta love that income-based repayment. [WSJ Law Blog (sub. req.)] * Introducing the Asia 50, a list of the largest firms in the Asia-Pacific region. When it comes to the firms with the biggest footprints, only one American Biglaw shop made the cut. Go ahead and take a wild guess on which one it was. [Asian Lawyer] * Congratulations are in order, because after almost a year of stalling, Arnold & Porter partner William Baer was finally confirmed by the Senate as the chief of the Department of Justice’s Antitrust Division. [Bloomberg] * Our elected officials might not have allowed the country to fall off the fiscal cliff, but the American Invents Act was put on hold, so if you’re a patent nerd, you can still be mad about something. [National Law Journal] * Remember when Rutgers-Camden Law said “many top students” were making bank after graduation? Yeah, about that: Law School Transparency just filed an ABA complaint. [Thomson Reuters News & Insight] * Here are some law school trends to look out for in 2013. FYI, the applicant pool is smaller because no one wants to foolishly gamble on their careers anymore. [Law Admissions Lowdown / U.S. News & World Report] * In the latest NYC subway shoving death, a woman was charged with second-degree murder as a hate crime, and allegedly bragged about other hate crimes she’s committed to police. Lovely. [New York Times] * Next time you’re trapped on a plane that’s literally filled with other people’s crap for 11 hours, don’t bother suing over your hellish experience — you’re going to be preempted by federal law. [New York Law Journal]

10th Circuit

Morning Docket: 12.27.12

* Justice Sonia Sotomayor just ruined Hobby Lobby’s new year by refusing to block the Affordable Care Act’s contraceptives mandate. All of the members of the company’s legal team will have to scrapbook and crochet for hours to get over this loss. [Reuters] * Harvard Law graduate Barack Obama is being feted as CNN’s “Most Intriguing Person of 2012,” but he’s currently trailing in fourth place in the most important year-end poll of all: Above the Law’s Lawyer of the Year competition. Get out there and vote! [CNN] * Federal district court judges aren’t being confirmed as quickly as they once were, and it’s partly because our president isn’t submitting nominees as quickly as those who came before him. [WSJ Law Blog (sub. req.)] * But even if the president nominated judges more quickly, he’d continue to face harsh opposition from the NRA, which matters because the gun group has an entire party in its pocket. [Opinionator / New York Times] * A legal problem and a journalism problem wrapped up in a little pretty bow: David Gregory of NBC’s “Meet the Press” is being investigated for displaying an alleged 30-round magazine on the air. [Washington Post] * One of New York’s most prestigious private schools agreed to settle the sex abuse suit brought against it by former students. Simpson Thacher partner Phil Culhane must be doing a victory dance. [New York Daily News] * You got a fast car, and now this case will pay all our bills. Toyota settled a class action suit over unintended acceleration, and it’s touted as one of the largest product-liability settlements in history. [New York Times] * Ay dios mio! You know that you’re never going to enjoy another vacation when you catch a hotel employee spreading his seed all over your clothes. But what did you expect? It’s Mexico. [Courthouse News Service]

9/11

Morning Docket: 09.11.12

* Politicians are barred from speaking at this year’s memorial ceremony at Ground Zero, but will this ever be a day without politics? That still remains to be seen, but it will always be a day of remembrance. Never forget. [ABC News] * What could possibly be more important than a resolution in the South Carolina voter ID case? Prejudice by font size. The Department of Justice is arguing over the alleged 12-point font size used by the state in a brief. Yes, seriously. [National Law Journal] * Stephanie Rose was confirmed by the Senate as the first female federal judge in Iowa’s Southern District by a margin of 89-1. Damn, the one guy who voted against her better have a good reason. [Des Moines Register] * “[He's] still trying to exculpate himself from one of the biggest blunders in the history of jurisprudence.” O.J.’s Dream Team denied allegations that Johnnie Cochran tampered with the bloody glove. [Los Angeles Times] * Shepard Fairey, the artist who created the Obama “Hope” poster — you know, the one that Paul Ryan says is fading on your wall — has been sentenced to two years’ probation for tampering with evidence. [CNN] * What are some of the advantages of applying to law school on an early decision basis? If anything at all, you’ll find out earlier that you won’t be getting any scholarship money. [Law Admissions Lowdown / U.S. News]