Deflategate

Although a seemingly unfair process, the Court was right when it ruled 2-1 in April that such a lopsided disciplinary system was exactly what Tom Brady and the NFLPA consented to in the Collective Bargaining Agreement.

* “[S]he didn’t earn the nickname ‘The Notorious RBG’ for nothing.” During a press briefing yesterday afternoon, White House Press Secretary Josh Earnest said that he was not surprised that Justice Ruth Bader Ginsburg had decided to weigh in about presumptive Republican presidential nominee Donald Trump and his qualifications. [POLITICO]

* In a recent Twitter poll, Law.com asked whether Justice Ginsburg’s comments related to Trump were “out of bounds” for a Supreme Court justice. After thousands upon thousands of user votes poured in, the results were split, with 51 percent responding “no,” and 49 percent responding “yes.” What do you think? Email us. [Law.com]

* Cravath Swaine & Moore partners have elected a new presiding partner to succeed C. Allen Parker. Faiza Saeed is currently the co-head of Cravath’s mergers-and-acquisitions practice, and will soon serve as the first-ever female presiding partner of the firm. Congratulations! We’ll have more on this exciting news later today. [Am Law Daily]

* Like his balls, Tom Brady must be a little down since it looks the challenge to his four-game “Deflategate” suspension has officially been sacked. The Second Circuit has flat-out refused to rehear the case or rehear it en banc, and now the New England Patriots quarterback’s hopes rest on a Hail Mary to the Supreme Court. [Big Law Business]

* It’s well-known that music icon Prince died of an accidental drug overdose without a will, but according to a recent order from the judge presiding over the probate of his estate, a Minnesota law firm that previously represented the singer “might possess confidential information potentially relevant” to who his true heirs are. [USA Today]

* “Elle [Woods] embodies fighting for what is right, staying true to yourself, and defeating the odds.” It’s been fifteen years since the film first hit theaters, but Legally Blonde is still inspiring people to go to law school, despite the bleak employment scene that awaits graduates. Unfortunately, the bend-and-snap won’t win you a job. [People]

* “Next thing I know he knocks me over backwards, puts the pillow over me and he cuts my throat and stabs me.” Law firm partner Leo Fisher testified yesterday in the trial against Andrew Schmuhl, the lawyer accused of abducting and maliciously wounding him. We’ll have more on this horrifying testimony later. [Washington Post]

* In a move that’s sure to attract attention (and ire) from the Justice Department’s Antitrust Division, Bayer has offered to buy Monsanto for $62 billion. This may be the largest all-cash takeover in history, so we wonder which law firms will have the pleasure of reaping all the rewards that come with so huge of a deal representation. [Reuters]

* “Can citizens sue the government over climate change?” Great legal minds are divided over the answer to this question. Constitutional law scholar Erwin Chemerinsky says yes, but international law savant Eric Posner says no. Whatever you think is the right answer, it’s time we get more aggressive on this issue. [Room for Debate / New York Times]

* With Ted Olson quarterbacking Tom Brady’s request for an en banc hearing of his four-game Deflategate suspension before the Second Circuit, perhaps this case has a fighting chance. Patriots fans should be praying, because an en banc hearing could result in their QB’s suspension being stayed for the start of the season. [WSJ Law Blog]

* Victims of the Colorado Springs Planned Parenthood attack have filed suit against the clinic, claiming the shooting was both “predictable and preventable.” They say that given the past history of threats of violence against places where abortions are performed, patrons should’ve been alerted that they were at risk of injury or death. [Denver Post]

* Bar exam-prep companies seem to be involved in a never-ending war with each other, and shots have been fired in the latest battle. BARBRI has been sued by LLM Bar Exam in a federal antitrust action, and several law schools have been caught in the fray. We’ll have more on this later today. [WSJ Law Blog]

* New England Patriots quarterback Tom Brady and his legal team have until today to file an appeal of the Second Circuit’s decision in the Deflategate case. According to an attorney who once served as outside counsel to the NFL, Brady’s chances of success are “near zero” if he decides to pursue this Hail Mary. [Big Law Business]

* OOOOk-lahoma, where the crazy comes sweepin’ down the plain: Oklahoma’s state legislature wants to impeach President Barack Obama and Attorney General Loretta Lynch over the administration’s guidance on transgender bathroom accommodations. The Sooner State’s actions are “highly symbolic,” but they’re likely “doomed.” [TIME]

* Did he wear an ascot and a smoking jacket while he was deposed? Playboy magnate Hugh Hefner testified at a deposition in a case filed by a woman who claims she was sexually assaulted by Bill Cosby at the Playboy Mansion while she was a minor. Thanks to a gag order, no details on Hef’s deposition are available at this time. [Reuters]

* Sorry, but you still can’t deduct the cost of your law school tuition and fees on your taxes, even if you’re an accountant/tax preparer who only enrolled to get a leg up on your tax skills and never intended to practice law, but especially if you later start a law firm with a family member. The Tax Court frowns upon things like this. [Accounting Today]

This ruling is in line with the 2d Circuit's interpretation of the Federal Arbitration Act.

How do the legal costs associated with Deflategate and Watergate compare?

* Perhaps this means the return of cool Hillary. [The Slot]

* Yes, you can laugh at the Supreme Court. [Bloomberg View]

* Deflategate oral arguments happened. Prognosticators are prognosticating that Tom Brady may indeed have to sit out some games. [Lawyers, Guns and Money]

* Yeaaaah, you aren’t supposed to do that. Lab tech faked results, and now 2,100 criminal convictions are up for review due to the impropriety. [NJ.com]

* Multitasking — and not looking like an ass in the process — is a real art form. [Daily Lawyer Tips]

* Why is no one talking about how progressive Hillary’s tax plan really is? [Slate]

* Yeah, Donald Trump is still TOTALLY into war crimes. [Huffington Post]

* Polsinelli has gutted Novak Druce by hiring away 44 lawyers from the firm in a mass lateral move, including two of its name partners. The suffering IP boutique will shutter its doors and wind down its legal practice for good. [Big Law Business / Bloomberg BNA]

* A source says that Judge Jane Kelly of the Eighth Circuit is being vetted as a potential nominee to replace Justice Antonin Scalia on the Supreme Court. The Iowa judge could make Senate Republicans squirm since she was confirmed unanimously just three years ago. [New York Times]

* “You’re making a commitment that has very little room for escape.” Kirkland & Ellis increased its notice period to 120 days, and partners are wondering whether other firms will follow suit and make it even harder for them to leave. [Crain’s Chicago Business]

* SCOTUS watchers say the justices appeared “deeply divided” during oral arguments in the Whole Woman’s Health case, but some think Justice Kennedy may decide to punt it — perhaps giving time for Justice Scalia’s replacement to be confirmed. [USA Today]

* Attention sports fans: The NFL’s Hail Mary appeal of the Deflategate case will be heard by a three-judge panel of the Second Circuit today. At an estimated $20 million total, the legal bill on this action could be one for the Pro Football Hall of Fame. [WSJ Law Blog]

* Louisiana is a state with notoriously harsh punishments for marijuana-related crimes, but it may be considering legalizing weed for recreational use. Dealing drugs seems like it’d be a quick and easy way for the state to get out of its $850M debt. [Daily Beast]

Judge Berman's decision is up for review. Will the judges default to his judgment or the weight of Supreme Court precedent.

How could the NFL screw this up? When you look at it, probably pretty easily.

* The Second Circuit has scheduled oral arguments in the NFL’s appeal of the Deflategate case for March 3. Roger Goodell is going to be pretty pissed off that Tom Brady can deflate his balls without being disturbed by legal issues until after Super Bowl 50. [Reuters]

* Corporate partner Pierre Boivin of McCarthy Tetrault, a Canadian Biglaw firm, was one of the hostages who survived the Mali terror attacks last Friday. According to the firm, his friends, family, and colleagues are “tremendously relieved” that he’s safe. [ABA Journal]

* LexisNexis purchased litigation analytics company Lex Machina for an undisclosed sum, but rumor has it that the company’s asking price was $30 to $35 million. Its co-founder says the deal came close to those numbers. [Big Law Business / Bloomberg]

* Just in time for Black Friday online deals, a new Symantec report is out that says consumers are growing increasingly vulnerable to cybercrime. On that note, let’s get to know each other a little better. What’s your mother’s maiden name? [WSJ Law Blog]

* If you’re planning to take the LSAT in December and you still don’t have a game plan set out for how you’re going to manage your time while taking the test, you may have already screwed yourself. Best of luck! [Law Admissions Lowdown / U.S. News]

Footballs! Arbitrators! Violence!

* The fascinating and brave story of Phyllis Frye, the nation’s first openly transgender judge — and in Texas no less! [New York Times]

* Copyright law ruins something new: this time the YouTube channel of the creator of “hardest Super Mario World level ever.” [Kotaku]

* Take a look at the correspondence Judge Berman received on Deflategate — all the completely sane and hinged rantings of Pats fans. [Deadspin]

* A law firm that lets you have a life? Blasphemy! [The Atlantic]

* Even if Larry Lessig becomes President of the United States, his presidency will still be a failure. [Lawyers, Guns & Money]

* So… if a vampire makes a human their servant what liability does the human have for the vamp’s bloodsucking? [The Legal Geeks]

* An ode to Valorem’s Patrick Lamb and his incisive look at the failure of Dewey & Lebouef. [What About Clients?]

* The phenomenon of Quit Lit: when law professors take to the op-ed page to talk about their resignations. [TaxProf Blog]

What does the NFLPA President have to say about Deflategate?

Here it is: Judge Berman's decision in Deflategate.

* District Judge Henry Wingate suspends Mississippi’s death penalty. The full written decision is expected later this week. [BuzzFeed]

* Wondering why Roger Goodell is taking a hardline over Deflategate? He’s just acting like any good dictator and securing his power. [Washington Post]

* Trying to get bail set in a massive insider trading case? It helps if you’ve got God as a character reference. [Dealbreaker]

* Of all the dumb, stupid, obvious, %^$*#, frustrating AF horse hockey. Alabama is in the process of closing 45 out of 49 DMVs around the state. For the uninitiated: Alabama passed a strict voter ID law in 2011 and now there’s this new barrier to getting the proper identification. I guess it isn’t a stretch to pencil in Alabama as red in 2016. [Daily Kos]

* In less depressing news, read contemporary coverage of the passage of the 19th Amendment. [The Nation]

* … And right back to the depressing: a commenter places the blame for a lack of women lead counsel squarely with clients. Oh good, I was afraid for a minute that the legal industry might actually have to do something about gender issues. [What About Paris?]

* Rest in peace, Amelia Boynton Robinson. The civil rights activist died today at age 104. Best known for her fight for voting rights in the 1965 “Bloody Sunday” march, she was portrayed by Lorraine Toussaint in the movie Selma. [WTOP]

* I get that litigation is expensive, but I promise, Tom Brady doesn’t need donations for his Deflategate legal bills. Especially not when they’re solicited in an obituary. [Deadspin]

* Protip: Don’t ask a female attorney if she is going through menopause, unless you like sanctions. [Lawyers for the Profession]

* Great time waster: what’s the weirdest law in your home state? [Yahoo!]

* Lat reviews Allegiance (affiliate link), a novel by Kermit Roosevelt featuring a Supreme Court clerk. [Wall Street Journal]

* An all too realistic look at what it is like to be a lawyer — substance abuse, terrible workload, self-loathing and all. [Vice]

* A case study of estate planning as played out in the life of fashion icon Helen Gurley Brown. [New York Times]

* Heads up to Missouri lawmakers — you don’t end sexual harassment by telling interns to dress “modest.” [Think Progress]

A chat about the Southern District of New York case against the NFL.

One hundred of Tom Brady's peers think this whole thing is silly and not a big deal.

How could anyone in the courtroom concentrate while the star quarterback's face was melting off?