Diversity and Flexibility Alliance

Morning Docket

Morning Docket: 01.02.19

* Out of the mouths of babes federal judges: “Those conclusions – that the president’s statements on national security are not always to be taken literally or to be trusted – are legal victories for his Justice Department....” Did you think you’d ever see a something like this written about the U.S. president? That’s our Trump! [USA Today] * A good New Year’s resolution for the federal judiciary? Chief Justice John Roberts says that while progress has been made when it comes to protecting law clerks from sexual harassment, “[t]he job is not finished until we have done all that we can to ensure that all of our employees are treated with fairness, dignity, and respect.” [Washington Post] * The American Federation of Government Employees, a labor union for federal employees, has filed suit against the government, claiming that requiring essential employees to work without pay during the shutdown — an "inhumane" practice for people who don’t know when their next paycheck is coming — violates the Fair Labor Standards Act. [CNN] * Barbara Underwood really made a name for herself during her short tenure as New York’s first female attorney general. After she was thrust into the role, she quickly began her assault against President Donald Trump, eventually taking down his charitable foundation after alleging that he was using it as a front for his his private businesses and political campaign. [NBC News] * Yet again, it’s time for women in Biglaw to celebrate fractional achievements for gender equality. According the Diversity and Flexibility Alliance, 39 percent of new partners named at Am Law firms were women, which was a “slight uptick,” but “the numbers really haven’t changed that much in the last five years.” Hooray. [Big Law Business] * It’s a new year, so you know there are going to be a bunch of interesting new laws. Here are just a few: In California, domestic-violence convicts can lose their gun rights for life; in Hawaii, physician-assisted suicide is now legal; in Virginia, legislators and their staff members must undergo mandatory sexual-harassment training; and in New York City, non-binary people can now list their gender as “X” on birth certificates. [Wall Street 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