FCPA

Non-Sequiturs

Non Sequiturs: 11.11.18

* The unstoppable Justice Ruth Bader Ginsburg maintains her three-Term streak as author of the Supreme Court's first signed majority opinion -- and, interestingly enough, it's a unanimous affirmance of the Ninth Circuit (opinion by my former boss, Judge Diarmuid O'Scannlain). [Empirical SCOTUS] * When he's not busy issuing landmark decisions (and feeding his clerks to SCOTUS), Judge Jed Rakoff (S.D.N.Y.) writes erudite essays for the New York Review of Books -- like his latest, a review of Joel Richard Paul's new biography of Chief Justice John Marshall (affiliate link). [New York Review of Books] * President Donald Trump is transforming the federal judiciary with his youthful and conservative appointments -- but the extent of the transformation should not be exaggerated, for reasons identified by Ed Whelan. [Bench Memos / National Review] * Ann Althouse analyzes some of the juiciest passages in Michelle Obama's new memoir (affiliate link). [Althouse] * It has been a long time -- specifically, more than four years -- since the Department of Justice has issued an opinion about the Foreign Corrupt Practices Act, as FCPA guru Mike Koehler points out. [FCPA Professor] * Peter Schuck responds, in thoughtful and civil fashion, to the (many) critics of his and Rogers Smith's argument that the Fourteenth Amendment does not require birthright citizenship for the children of unlawfully present aliens. [PrawfsBlawg] * After last Tuesday's elections, in which Louisiana approved a state constitutional amendment requiring a unanimous jury to convict in a criminal case, Oregon is the only state that allows conviction in some criminal cases without a unanimous jury -- and Gerard Magliocca wonders if this is constitutional. [Concurring Opinions] * He's no stranger to our pages, but Isaac Lidsky -- the child actor (Saved By The Bell) turned first blind SCOTUS clerk turned successful entrepreneur -- still has many insights to share, as he does in this wide-ranging podcast with Goli Kalkhoran. [Lessons From A Quitter]

By David Lat
Morning Docket

Morning Docket: 07.31.18

* Children's lawsuit over climate change moves forward. [Courthouse News Service] * If you're an armed terrorist organization, AstraZeneca may be able to help. [Corporate Counsel] * In "dog bites man" news, profitable partners accused of sexual harassment can easily get new jobs. [Wall Street Journal] * "We'll Get You And Mangle You" takes on new meaning as Weil holds attorney to a six month waiting period before he can lateral to Kirkland. [American Lawyer] * Maybe cyberinsurance isn't really insurance at all. [Slate] * North Carolina awards man $8.8 million because his wife doesn't love him anymore. Apparently being a loser can be profitable. [KCRA] * Cleary's in-house outsourcing company slapped with another sexual harassment suit. [Law360] * A conversation with Michele Coleman Mayes, general counsel for the New York Public Library and former GC at Allstate and at Pitney Bowes about the persistent bias against black women lawyers. [Law.com]

By Joe Patrice
Morning Docket

Morning Docket: 11.08.17

* Three UCLA basketball players were arrested for shoplifting in China and face the prospect of being stranded there while the case plays out -- which some experts say could take years. International law expert LaVar Ball doesn't think it's a big deal though, so there's that. [CBS News] * Jury finds JPMorgan Chase liable for unlawful retaliation, prompting Judge Denise Cote to rail against the jury as prejudiced and suggest that she'll be throwing out the verdict. The case has dragged on for seven years, but Judge Cote seems adamant that we'll continue to try it again and again until people realize that banks can't commit wrongdoing. [Law360] * Fish & Richardson and Fish IP Law end their legal fight over the rights to the name. Good for them... there's plenty of Fish in the sea. [The Recorder] * Hundreds of civil rights groups have lined up to oppose the latest DC Circuit Nominee Greg Katsas. While the groups outline multiple problems with his nomination, the fact that he's been actively involved in vetting other Trump judicial nominees seems the most damning indict of his judgment. [National Law Journal] * Deutsche Bank names Florian Drinhausen of Linklaters as its new GC. Deutsche Bank previously had two GCs working in tandem but realized that undermined their ability to complain about bills reflecting inefficient work. [Corporate Counsel] * FCPA cases are on the decline -- is Trump's animosity toward anti-corruption laws to blame? [NPR]

By Joe Patrice
Morning Docket

Morning Docket: 10.05.17

* Corporate Counsel asks "how much money will Uber's next general counsel make?" Duh, it depends on surge pricing. [Corporate Counsel] * Law firm merger rumors!!! [Law.com] * Supreme Court takes another opportunity to laugh in the face of people who care about government transparency. [National Law Journal] * A "so-called judge" strikes again! [The Guardian] * Would you share your cyberthreat assessments with the government? [Law360] * It's time for some standards in the FCPA industry. [FCPA Professor] * People are not agricultural products. Somehow this is something we needed an opinion on. [Lowering the Bar]

By Joe Patrice
Non-Sequiturs

Non-Sequiturs: 06.29.17

* Everything you need to know about Biglaw jargon. [Big Law Business] * Assistant Attorney General Jeffrey Wood and the burgeoning environmental racism scandal. [The Root] * Fascinating podcast about negotiating a career as a woman in the law. [Legal Executive Institute] * On the buying and selling of FCPA enforcement officials. [FCPA Professor] * Do you even want to get into a T-14 law school? [Law and More] * Well, this is an awful idea. [Huffington Post] * Zillow's C&D letter against a popular blog. [Jezebel]

By Kathryn Rubino
Morning Docket

Morning Docket: 06.22.17

* Donald Trump told a rally that "the time has come" for a law banning immigrants from getting welfare. Now all he needs is a time machine to go back to 1996 when this law was actually passed. [The Hill] * If you're hoping to score an in-house legal position, it looks like you're in luck -- corporate counsel offices expect to keep hiring as they continue to internalize more and more work. [Law.com] * Texting while driving is now legal in Colorado. OMG. LOL. [Explosion Emoji] [Fox 31] * Companies should continue their efforts to comply with the FCPA even though Trump called the law "absolutely crazy." Because you should take him seriously not literally or what have you. [Corporate Counsel] * Here's how important a website is to your small or solo legal practice -- this firm didn't even exist and it got clients because of its web design. [Houston Chronicle] * Charlotte School of Law has until August to prove that it's financially viable. [News & Observer]

By Joe Patrice
Morning Docket

Morning Docket: 05.04.17

* Harvard Law wants students to defer admission. Tuition deferral program still a no go apparently. [New York Times / Dealbook] * Trump signing executive order to let the IRS choose when to enforce the Johnson amendment. I'm old enough to remember when conservatives had a meltdown over exaggerated allegations of IRS selective enforcement. Now it's actually going to be legal and I doubt I'll hear anything about it. [CBS News] * Want to know how much a Sullivan & Cromwell partner takes home? Thankfully Donald Trump can tell us. [National Law Journal] * Alabama enacts law allowing adoption agencies to reject gay couples. Alabama has one of the worst economies in America, but this was the issue that they really needed to address. Roll Tide. [Alabama] * ABA President Linda Klein testifies on behalf of Legal Services Corporation. funding. Question: Is the ABA President job more or less difficult today? One could say "more" because she has to devote considerable energy to fighting a hostile government. Or you could say "less" because the most difficult argument she has to make is, "please don't be monsters." [ABA Journal] * FAMU fired its dean. [Orlando Sentinel] * New trend in litigation finance: buying portfolios of cases instead of investing in individual matters. We've reached the fund stage people! [Law.com] * Former Guinea mining minister convicted of taking bribes. How did they know? Perhaps they thought he was a Dickensian throwback when he kept saying "Guinea" all the time. [Law360]

By Joe Patrice