Foreign Corrupt Practices Act

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
Non-Sequiturs

Non-Sequiturs: 11.09.16

* It has begun. [Yes California] * A Trump presidency may spell good news for the legal industry. Doom for humanity, but hey, what are you going to do? [Law360 (sub. req.)] * The fate of our rule of law hangs in the balance. [Slate] * What lawyers need to know about Trump's reign. [Law and More] * Hey, maybe Justice Ruth Bader Ginsburg will live for forever. [Huffington Post] * Say goodbye to the Affordable Care Act. [Washington Post] * Donald Trump’s views on the Foreign Corrupt Practices Act. [FCPA Professor]

By Kathryn Rubino
Non-Sequiturs

Non-Sequiturs: 11.07.16

* Is the GOP writing a check its ass can't cash? (In regard to the Supreme Court.) [Talking Points Memo] * What time will a new president be determined? Everything you think you know about election predictions is about to change. [Politico] * The 75-mile problem with Donald Trump's wall. [Huffington Post] * A deep dive into the D.C. bar exam stats. [Bar Exam Stats] * A look at the Supreme Court's grant, vacate, remand ("GVR") dispositions this Term. [Empirical SCOTUS] * The best of Assistant Attorney General Leslie Caldwell’s recent Foreign Corrupt Practices Act speech. [FCPA Professor]

By Kathryn Rubino
Non-Sequiturs

Non-Sequiturs: 10.03.16

* Michael Chertoff, who once led the Whitewater congressional investigation, in now endorsing Hillary Clinton. [Bloomberg View] * No, Donald Trump does not understand libel laws. [GQ] * The New York City Council's investigation into the removal of deed restrictions from Rivington House. [Cityland] * Thoughts on strategies for surviving this year's election for African-Americans. [Equal Citizenship Movement] * The year in Foreign Corrupt Practices Act enforcement actions. [FCPA Professor] * Tim Kaine's tortured history with the death penalty. [Buzzfeed]

By Kathryn Rubino
Non-Sequiturs

Non-Sequiturs: 08.09.16

* Did Cadwalader make the wrong move in canceling its summer program? [Law and More] * The American Bar Associate needs to embrace change or be "left in the dust," ABA executive director Jack Rives declared at the organization's annual meeting. [ABA Journal] * If your legal practice includes international arbitration, get ready to head to India. The Mumbai Centre for International Arbitration (MCIA) begins proceedings this month and hopes to attract corporations as a popular arbitration destination. [Forbes] * The Paul, Weiss investigation into Roger Ailes that has grown in scope is uncovering all manner of interesting tidbits about the cable news giant. [Vanity Fair] * Looking to elevate your Foreign Corrupt Practices Act skillz? [FCPA Professor] * How did this Supreme Court Term fare in terms of transparency? [Fix the Court]

By Kathryn Rubino
Non-Sequiturs

Non-Sequiturs: 11.02.15

* An amazing look at the exact way lawyers should NOT handle cleaning up their reputation after a PR snafu. [Techdirt] * Even more bad bar results news, with Charleston School of Law taking a particularly bad hit. [Bar Exam Stats] * A single lawyer -- a divorce lawyer no less -- cannot bring the NSA to its knees. Color me surprised. [Ars Technica] * Attention new lawyers! Feeling overwhelmed? Here's a list of online resources to make your day easier. [Associate's Mind] * A detailed look into the how-tos of complying with U.S. anti-corruption laws while conducting business in India. [Forbes] * Here's what a real Biglaw partner does in a day -- or at least what Christina Martini, Chair of DLA Piper’s Chicago Intellectual Property Practice Group does when a camera is following her around. [Big Law Business/Bloomberg] https://youtu.be/mwbmQctfeNc

By Kathryn Rubino
Non-Sequiturs

Non-Sequiturs: 10.30.15

* Even Jordan Weissmann of Slate, who is relatively pro-law school, accepts that there are some people who shouldn't bother going. [Slate] * Yet another prosecutor with a temper: sorry he whipped out a gun at the office, but "Assistant Prosecutor Chris White is really [really, really] afraid of spiders." [Charleston Gazette-Mail] * Moot Court: the movie! Unleash your inner gunner and check out this documentary next month. [DOC NYC] * Roadkill: it's what's for dinner (and apparently there's no law or regulation against this). [Grub Street / New York Magazine] * Professor Michael Koehler on "The Uncomfortable Truths and Double Standards of Bribery Enforcement" (beyond the FCPA). [FCPA Professor] * Nationwide Layoff Watch: sports bloggers. Grantland, RIP. [Bloomberg] * ICYMI, here's your chance to be a D.C. judge (Superior Court, not D.D.C. or D.C. Cir.). [D.C. Judicial Nomination Commission] * Elsewhere in interesting employment opportunities, Practical Law / Thomson Reuters is looking for an experienced IP lawyer to join its Intellectual Property & Technology Service. [Glassdoor] * We wish all our readers a happy (and safe) Halloween -- and remind you to submit legally themed costumes in our annual competition. [Above the Law]

By David Lat
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By Charles River Associates (CRA)
Bar Exams

Non-Sequiturs: 08.19.13

* Most folks think the police overreacted by issuing a civil disobedience warning for a 3-year-old girl, but those people need to watch Children of the Corn. [UPI] * Speaking of the Brits, authorities detained Glenn Greenwald’s partner (interestingly, Greenwald’s partner is named Miranda) for nine hours and “confiscated his computer, phone, camera, memory stick, DVDs and video games” while passing through Heathrow. Wow, this is the sort of thing that might make Greenwald mad at the surveillance state. [ABA Journal] * A detailed analysis of confidential sources. I’m pointing this out to publicly clarify that ATL keeps its tipsters confidential unless they specifically ask to be cited. So feel free to tip away! [Talking Biz News] * Tales of Ted Cruz as a young man. So we’re calling parliamentary-style debate “debate” now? OK. [Daily Beast] * Professor Rick Hasen examines North Carolina’s new voter suppression law and how it proves that the country still needs the Voting Rights Act. [Slate] * Maybe bar exams should write better questions that actually cover all the material candidates have to learn. Personally, I was just fine not having to memorize a lot about New York commercial paper law. [Ramblings on Appeal] * The tale of a wealthy couple evading the law. The article describes the story as an “arthritic version of Steve McQueen and Ali MacGraw in The Getaway, perhaps, moving at nursing-home speed.” Hollywood just found a plot for Expendables 4. [Seattle Weekly] * The government’s obsession with FCPA enforcement has bit JP Morgan over hiring the children of Chinese officials to woo business. [Dealbreaker] * Chief Judge Michael P. Mills of the Northern District of Mississippi weighs in on a copyright suit between the estate of William Faulkner and Woody Allen. The judge is apparently not a fan of Sharknado because he has no soul. Video of the quirky conflict after the jump…

By Joe Patrice
Antonin Scalia

Non-Sequiturs: 11.14.12

* George Washington University has been stripped of its U.S. News college ranking. The law school appears safe. [Tax Prof Blog] * Now students can get in trouble for bullying their teachers. Teachers, people! TEACHERS CAN’T STAND UP TO THE MEAN SCHOOL KIDS WITHOUT A LAWSUIT. [The Volokh Conspiracy] * Just to be clear, Antonin Scalia would not be on the side of the secessionists. [New York Personal Injury Law Blog] * So the accuser of Kevin Clash, voice of Elmo, recanted and said that he was a consenting adult when he was with Clash. It’s great to know that Elmo is getting barely legal ass. [Huffington Post] * FCPA! Guidance! This is WAY MORE INTERESTING than Petraeus and the Kelley sisters. [WSJ Law Blog] * For those of you who saw Capturing the Friedmans, here’s an update on the ongoing proceedings. [WiseLawNY]

By Elie Mystal
American Bar Association / ABA

Non-Sequiturs: 11.05.12

* Stop drinking the FCPA Kool-Aid. Kool-Aid doesn’t even taste good anyway. Unless you add booze. But I digress. [FCPA Professor] * Is it illegal to lie on Twitter? Some thoughts from Professor Eugene Volokh. [Volokh Conspiracy] * So you wanna get published in a law review, huh? Well, check this out, young padawan. [Prawfsblog] * Who are the top employment lawyers in America? [eBossWatch] * The ABA and New York Law School are butting heads on how to deal with time lost due to Sandy. [Legal As She Is Spoke via Constitutional Daily] * Lat is giving a talk at Vanderbilt Law School tomorrow. It’s open to the public and free, just like the pizza (but if you take the pizza, you have to stay for the event). [Vanderbilt Law School]

By Christopher Danzig