Department of Labor

Morning Docket

Morning Docket: 07.18.17

* R. Kelly's lawyer responds to allegations that a bunch of women are trapped in the proverbial closet. [Entertainment Tonight] * The big news of the night was the slow, painful, uncovered death of the GOP tax cut. McConnell now says he'll push for a clean repeal of Obamacare and leave the "replace" part for later, which would theoretically take it out of the reconciliation process. And that means 60 votes or some drastic changes. This is either a bluff or a lot of people are about to learn more than they ever wanted to know about parliamentary rules. [ABC News] * Need judicial approval to tour the country? Sing it with me now... "Jed Gon' Give It To Ya."[Law360] * Justice Kagan with an amusing anecdote about being vetted by the Obama administration. [National Law Journal] * Plaintiffs' attorneys in the Trump University case say efforts to undo the settlement over notice concerns, "effectively ask this court to declare Rule 23 unconstitutional." Dude, I hate to break this to you, but that's what the Supreme Court's been saying for at least 10 years. * Disney is locked in an IP litigation over the technology they use to map actors' expressions onto CGI characters in movies like in Avengers: Age of Ultron, where they made a merciless robot fixated on world domination appear to have a soul. Sorry, did I say Avengers? I meant "a Bob Iger presentation at a Disney shareholder meeting." [Law.com] * Because all other problems in the country are settled, Congress is looking into overturning Washington D.C.'s assisted suicide law. [USA Today] * Charlie Hustle is suing Trump lawyer John Dowd formerly of Akin Gump for defamation. [Philadelphia Inquirer] * Google successfully staves off Labor Department request for compensation information in ongoing discrimination probe. God, Assistant can't give you any useful information. [Corporate Counsel]

By Joe Patrice
Morning Docket

Morning Docket: 06.07.17

* Is there a constitutional right to follow President Donald Trump on Twitter? Columbia University’s Knight First Amendment Institute apparently thinks so, and lawyers from the free-speech center have demanded that Trump’s unblock critics from his @realDonaldTrump account. Good luck! [WSJ Law Blog] * Following an investigation conducted by Perkins Coie, Uber fired more than 20 employees thanks to complaints of sexual harassment, bullying, and discrimination. Perkins Coie's probe is separate from that of former Attorney General Eric Holder, who is now employed at Covington & Burling. [ABC News] * Per sources inside the Trump administration, the president is expected to nominate Cheryl Stanton, a former Ogletree Deakins partner, to head the Department of Labor's Wage and Hour Division. Stanton shares a former boss with Labor Secretary Alex Acosta: Justice Samuel Alito. [Big Law Business] * Michelle Lee, the director of the U.S. Patent and Trademark Office, has resigned. During her time at the USPTO, Lee was known for her efforts to crack down on patent trolls, which ultimately led to a decrease in their vexatious litigation. The Trump administration has not yet put forth a nominee. [Reuters] * The American Bar Association has granted provisional accreditation to the University of North Texas Dallas College of Law. Last summer, the ABA refused to grant even provisional accreditation to the school because there was concern about future graduates' ability to pass the bar exam. Congrats... [ABA Journal]

By Staci Zaretsky
Morning Docket

Morning Docket: 05.31.17

* It's a party, and all of Donald Trump's friends are invited! The president's longtime personal lawyer, Michael Cohen, has been dragged into the probe of Russia's efforts to influence the 2016 election. House and Senate investigators asked him to provide testimony, but he politely declined because "the request was poorly phrased, overly broad and not capable of being answered." [ABC News] * "It's nice knowing this will definitely be a beacon for other trans kids and other members of the community to look to as a source for hope." A three-judge panel of the Seventh Circuit has affirmed a lower court ruling, stating that Title IX protects transgender students' rights to use the bathrooms of their choice. This is the first time that an appellate court has issued a ruling of this kind. [Reuters] * "No one knows how many qualified individuals never even advance their names." Biglaw attorneys would usually jump at the chance to leave private practice and take a gig working for the Labor Department, but under this presidential administration, there seems to be a bit of hesitancy due to their unwillingness to "incur a lifelong Trump association." [Bloomberg BNA] * More and more Biglaw firms have decided to reevaluate the way they evaluate their attorneys. Following Allen & Overy's decision to eliminate performance reviews, Berwin Leighton Paisner, Fieldfisher, Withers, and RPC will each be changing the way they conduct their appraisal policies, and Linklaters will drop financial targets and partner reviews. We may have more on this. [Law.com] * "Death to the enemies of America! You call it terrorism, I call it patriotism. Die." Jeremy Christian, the Portland man accused of killing two men in a racially motivated attack on a train, didn't enter a plea at his arraignment. Instead, he made incendiary outbursts, inviting spectators to shout back at him, calling him a "murderer." His next hearing is on June 7. [Courthouse News Service]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.29.17

* Almost 2,000 lawyers have signed on to a complaint filed by the Lawyers for Good Government with the Alabama State Bar Disciplinary Committee which alleges that Attorney General Jeff Sessions violated the state's rules of professional conduct when he falsely testified under oath during his confirmation hearing that he "did not have communications with the Russians," and thus should be disbarred. [Alabama Political Reporter] * A superior legal defense from a superior legal mind? A former contestant on The Apprentice who accused President Donald Trump of groping her in 2007 is now suing him for defamation. Trump's lawyer, Marc Kasowitz of Kasowitz Benson, claims that the president is immune from private litigation thanks to the Supremacy Clause of the Constitution. Perhaps he ought to take another look at Clinton v. Jones. [USA Today] * Sources say that Seyfarth Shaw partner Alexander Passantino is under consideration to run the Wage and Hour Division of the Department of Labor. He served as deputy Wage and Hour Division administrator from 2006 to 2008, and if offered the job, he'll be in charge of overseeing some pretty major policy issues, like rolling back the Obama-era expansion of overtime pay to millions of American workers. [Big Law Business] * General counsel from 185 companies signed on to a letter delivered to Congress, beseeching lawmakers to continue to support the Legal Services Corp. which could go without necessary funds under President Trump's budget plan. They've requested that $450M be allocated to the organization in order to create a "level playing field for the many lower and moderate-income families who cannot afford a lawyer." [WSJ Law Blog] * Angelo Binno, a blind prospective law student who alleged that the LSAT's logic games test is discriminatory, was denied Supreme Court certiorari earlier this week. Not to worry, because his lawyer says that the fight will go on: "I’m not going to stop until he gets into law school because I know he will be a great lawyer even though he cannot diagram that on a test. This battle is far from over." [National Law Journal]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.23.17

* "You have been very much able to avoid any specificity like no one I have seen before. And maybe that’s a virtue, I don’t know. But for us on this side, knowing where you stand on major questions of the day is really important to a vote." Despite hours of questioning, Senate Democrats were unable to get Judge Neil Gorsuch to commit to any response beyond researched generalities. At this point, his confirmation seems inevitable. [New York Times] * Sure, Biglaw associates want their firms to be more progressive when it comes to flexible working arrangements, but that doesn't mean they feel comfortable taking advantage of the programs being offered. Per a survey conducted by the Diversity and Flexibility Alliance, only 8.8 percent of lawyers at firms with reduced hours policies actually work reduced hours. We'll have more on this later today. [Big Law Business] * Is this the end of the Swiss verein? While the legal structure has been adopted in almost every major cross-border law firm merger in recent memory, both of the last two transatlantic Biglaw tie-ups opted to use an entity called the company limited by guarantee (CLG). Apparently this legal structure is being favored for new law firm combinations because there are still questions about vereins' proper use. [Am Law Daily] * Dean Alex Acosta of Florida International University School of Law, a man who is better known these days as Trump's nominee to be the Secretary of Labor, not only says the fiduciary rule requiring retirement investment advisers to put their clients' interest first goes too far, but indicated that he may decline to defend a rule doubling the salary ceiling under which employees would be eligible for overtime pay. Ouch. [Reuters] * Now that Harvard Law has decided to accept applicants' GRE scores in lieu of their LSAT scores for admissions purposes, other law schools have decided to try the alternative exam on for size. Suffolk Law, for example, launched a study last week and offered students $100 to take the GRE. Suffolk's dean says that "the mad dash for the GRE is not being driven by declines in applications." Bless your heart. [Boston Globe]

By Staci Zaretsky
Morning Docket

Morning Docket: 02.02.17

* Punxsutawney Phil saw his shadow, and with the current Court make up, this is the last penumbra we're going to see for awhile. [USA Today] * Norton Rose Fulbright in merger talks with Chadbourne & Parke. [New York Law Journal] * Chief Justice Roberts compared himself to an umpire. Judge Gorsuch compared himself to a replay booth official. The football analogy works, since Gorsuch is going to be one of those scab refs from the 2012 NFL lockout while Garland sits at home. [Law.com] * Keeping with the football news, former NFL cheerleaders have filed a class action alleging a conspiracy to suppress their wages, which, if true, is easily the sixth or seventh most repulsive thing Roger Goodell does on a daily basis. [ABC News] * In a letter to the state Supreme Court, 20 law school deans asked California to lower its draconian bar passage threshold. Because it's ridiculous. [The Recorder] * Trump is reportedly going to direct the Labor Department to delay implementation of the Fiduciary Rule, surprising no one. [Think Advisor] * Here's a roundup of Judge Gorsuch's wittiest dissents. [Law360]

By Joe Patrice
Morning Docket

Morning Docket: 06.08.15

* After a particularly bootylicious performance in Morocco that was aired on live TV, singer Jennifer Lopez is facing a lawsuit which alleges that she “disturbed public order and tarnished women’s honor and respect.” Her first affirmative defense: Dat ass tho. [Newsweek] * Our congratulations go out to Texas Supreme Court Justice Don R. Willett (@JusticeWillett) for achieving the rare and prestigious honor of being recognized as the “Tweeter Laureate of #Texas." Way to dole out judicial wit and humor 140 characters at a time, Your Honor. [WSJ Law Blog] * Howrey gonna pay our creditors if we can't cash in on unfinished business? A judge recently overturned this failed firm's bankruptcy court win, noting that since "[t]he law firm defendants performed the work; they deserve the pay." [Dow Jones Business News] * Sorry, job hunters, but despite what you may have heard about the boom years being back, the legal job market is stuck in a "pattern of anemic growth," and it's been that way since the Great Recession. Please give your mother our condolences. [Am Law Daily] * It's only a matter of time before the majority of U.S. states legalize marijuana, and Illinois may be the next in line to do so. If you're thinking about joining the green rush and want to learn more, come to our marijuana law reception next week. [Chicago Tribune]

By Staci Zaretsky