Gonzalo Curiel

Morning Docket

Morning Docket: 03.31.17

* General Michael Flynn, the former national security adviser to President Trump, has offered to testify before Congress on the campaign's alleged Russian connections in exchange for immunity from prosecution. Remember back in September when Flynn said on Meet the Press that "when you are given immunity that means you've probably committed a crime"? This is absolutely wild. [Wall Street Journal; NBC News] * The chairman of Bethune-Cookman's criminal justice department defends the HBCU's affiliation with Arizona Summit Law, even though it's on probation, saying that because $12.5 million in scholarship money is at stake, "it would be irresponsible not to provide this opportunity as an option for B-CU students to obtain a legal education without incurring excessive student loan debt in the process." [DealBook / New York Times] * It looks like President Trump is planning to sign off on a repeal of Obama-era internet privacy rules that were promulgated by the FCC in October. As noted by Senator Chuck Schumer, this is "[t]errible for American [people], great for big [business]." Next on the agenda seems to be the decimation of net neutrality, so you might want to prepare yourselves to pay more for an internet connection that's quicker than a snail. [Reuters] * More than half of the 6,000 former students of Trump University have submitted claims to be part of its $25 million fraud class-action settlement. They'll recoup 80 cents for every dollar they spent on President Trump's real estate seminars. Judge Gonzalo Curiel, who Trump once accused of being biased due to his "Mexican heritage," will likely approve the settlement over the objections of two former students. [Big Law Business] * Guess which law school created a class based on Baltimore crime drama "The Wire"? It's U. Pitt., which has a three-credit course called "Crime, Law and Society in 'The Wire.'" This seems like it's one of those "Law and [Insert Noun Here]" classes, where 3Ls are hoping to get another A to add to their GPAs before they graduate. This would've been more relevant if a Maryland law school had offered the class. [Huffington Post]

By Staci Zaretsky
Morning Docket

Morning Docket: 11.11.16

* "You never say no, but I’d rather help him find someone else who can do it. I’m very happy not being in the government." Word on the street is that former New York City Mayor Rudy Giuliani is being considered for attorney general in the Trump administration, but the Greenberg Traurig partner doesn't exactly seem interested. Hmm, perhaps Governor Chris Christie will be AG after all? [Wall Street Journal (sub. req.)] * Judge Gonzalo Curiel is now urging litigants on both sides of the Trump University case to settle, noting that "[i]t would be wise for the plaintiffs, for the defendants, to look closely at trying to resolve this case given all else that's involved." The judge who President-elect Trump once accused of being biased due to his Mexican heritage is now trying to save Trump from being on trial for fraud early in his presidency. [Reuters] * The hits just keep on coming for King & Wood Mallesons. The firm's Australian and Chinese partnerships will likely be bailing out its troubled European and Middle Eastern offices, but Stuart Fuller, its managing global partner, has decided to step down by the year's end, which has prompted an immediate search for a successor. Fuller will remain a partner with the firm, and will return to full-time practice in 2017. [Am Law Daily] * Jones Day has teamed up with the American Bar Association to start VetLex, a program that will connect veterans with pro-bono and low-bono lawyers across the country. VetLex will be the first nationwide network dedicated to legal service referrals for veterans. The program will "revolutionize the way we deliver pro bono resources to veterans." A hearty congratulations to Jones Day and the ABA! [Big Law Business] * Former U.S. Rep. Aaron Schock of Illinois has been indicted for defrauding the government out of about $100,000 after allegedly submitting false invoices for the costs of redecorating his office with a "Downton Abbey" motif and various personal expenses. Schock's attorney says the government is "criminalizing a handful of administrative mistakes" made by his client -- six figures worth of alleged mistakes. [Chicago Tribune]

By Staci Zaretsky
Morning Docket

Morning Docket: 08.03.16

* Singer Kesha has dropped her lawsuit in California against producer Dr. Luke, but will continue her appeal in New York. She says she dropped the suit because she's "focused on getting back to work," but Dr. Luke's lawyer says it's because she has "no chance of winning." Ouch, that's got to sting. [People] * Get off my lawn, you damn kids! A New Jersey personal injury attorney has filed a class-action lawsuit against Niantic, the company behind Pokemon Go, for the "unlawful and wrongful" invasion of his property. It seems that in the rush to catch 'em all, people have been gathering outside of his home, knocking on his door, and asking to enter his backyard. [WSJ Law Blog] * Following up on his tentative oral ruling, Juge Gonzalo P. Curiel has ruled that a Trump University fraud case filed against Republican presidential nominee Donald Trump may proceed to trial, but he refused to release Trump's videotaped deposition. We suppose that the transcript will have to be good enough. [New York Times] * "These are things that don't just affect one job; it keeps women's wages down over their entire lifetime." Thanks to a new law geared toward closing the gender wage gap, in Massachusetts, it is now illegal for employers to ask about applicants' salary history before offering them jobs. This goes into effect in 2018. [DealBook / New York Times] * "We are confidently looking to the future." Following a series of "regrettable departures" and a capital call that successfully raised about $18.4 million from the firm's existing partners, it looks like the "modernization" and restructuring of the King & Wood Mallesons partnership is finally going to be drawing to a close. [Big Law Business] * Jenner & Block has teamed up with the University of Chicago Law School to create a Supreme Court and Appellate Clinic, with the goal of "educat[ing] and train[ing] the next generation of extraordinary appellate advocates and continu[ing] the tradition of helping clients hanks their most important litigation problems." Congratulations! [ABA Journal]

By Staci Zaretsky
Morning Docket

Morning Docket: 07.25.16

* If Republican presidential nominee Donald Trump wins the election, he may be the first president-elect to be standing trial for fraud prior to taking the oath of office. Judge Gonzalo Curiel has tentatively refused to dismiss one of the two pending Trump University cases, saying plaintiffs had met requirements for the case to move forward for a jury to decide whether Trump "participated in a scheme to defraud" students. [San Diego Union-Tribune] * After being served with a class-action suit alleging she rigged the Democratic primaries and the release of emails in the latest Guccifer hack showing her favoritism for Hillary Clinton over Bernie Sanders, Rep. Debbie Wasserman Schultz is resigning as the Democratic National Committee's chair after this week's convention. [CNN; Observer] * Five senators, including Bob Menendez (D-NJ), Elizabeth Warren (D-MA), Ron Wyden (D-OR), Debbie Stabenow (D-MI), and Cory Booker (D-NJ), have introduced the Student Loan Tax Relief Act, which would exempt forgiven loans from being taxed as income. Law school grads on IBR, ICR, or PAYE should pray this bill is passed. [Forbes] * In an announcement made before markets opened, Verizon said it would be purchasing Yahoo for $4.83B. It's rumored that Faiza Saeed, Cravath's incoming presiding partner -- who was appointed to a committee to explore Yahoo's sale -- was the driving force behind the deal, which is expected to close in early 2017. [Reuters; Big Law Business] * Law firms are apparently in a "weak spot" when it comes to the detection of money laundering operations. That may be how Shearman & Sterling got mixed up with an alleged Malaysian plot to siphon funds from its trust account to purchase luxury items in a scheme that's turned into an attempted $1B DOJ asset forfeiture. [WSJ Law Blog]

By Staci Zaretsky
Morning Docket

Morning Docket: 06.08.16

* Presumptive Republican presidential nominee Donald Trump promises that he won't speak ill of Judge Gonzalo Curiel anymore, but it took a lot of heavy criticism from GOP leaders for him to come around to the idea of being civil. He now says his comments about Judge Curiel's ability to remain impartial due to his Mexican heritage were "misconstrued." [Washington Post] * You know you've screwed up when a judge accuses you of "egregious misconduct," but you know you may have made the biggest mistake of your career when your "bad faith conduct" results in the voiding of a $200M patent infringement verdict. This in-house Merck patent prosecutor must be in a very bad place right now. [Big Law Business] * Chief Justice Roy Moore of the Alabama Supreme Court has two weeks to respond to a complaint lodged by the state's Judicial Inquiry Commission over his order that probate judges not issue same-sex marriage licenses. If found in violation of ethical rules, Moore could be removed from his position -- for the second time. [Montgomery Advertiser] * Arlo Devlin-Brown, the head of the public corruption unit for the U.S. Attorney's Office for the Southern District of New York since 2014, will be leaving office to head to private practice. After working to put Sheldon Silver and Dean Skelos behind bars, he's off to Covington & Burling, where he'll be on the white-collar defense team. [New York Post] * "The concept of fair market value under Delaware law is not equivalent to the economic concept of fair market value." Vice Chancellor Laster (Del. Ch.) made lawyers' jaws drop when he overruled the market in the Dell case. Martin Lipton of Wachtell says more buyers may be tempted to walk away from deals now. [DealBook / New York Times]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 06.07.16

* Not much else to do but stare at this headline in horror: "Florida AG asked Trump for donation before nixing fraud case." [Associated Press] * This is the lawyer standing between hackers and prison, and yes, he is a Deadhead. [Buzzfeed] * What's up with this law professor getting the cold shoulder from the Department of Justice? [FCPA Professor] * Don't lose your opportunity to connect with judges and jurors. [Katz Justice] * Donald Trump may not like Judge Gonzalo Curiel, but Trump's lawyer disagrees. [Yahoo] * Opportunities don't walk up and tap you on the shoulder. Here's how to find the opportunities you need to build your practice. [Reboot Your Law Practice]

By Kathryn Rubino
Non-Sequiturs

Non-Sequiturs: 06.06.16

* Not your most typical legal job: the life of a PETA lawyer. [WSJ Law Blog] * Joe Scarborough has weighed in on Donald Trump's statement about Judge Gonzalo Curiel's Mexican heritage. For the record, the former Republic Congressman thinks "[i]t's completely racist." [Politico] * Based on comments Donald Trump and Hillary Clinton have made, what will our next Supreme Court justice be like? [Empirical SCOTUS] * They may hate him, but with the perspective of three years, it is clear Edward Snowden actually helped the legal intelligence community. [Lawfare] * Donald Trump "fought back" against Elizabeth Warren, saying she made a "quick killing" in real estate after the economic downturn, but what do you know? Facts suggest otherwise (namely that she bought real estate in Oklahoma to help her family and their construction business). [Washington Post] * You can win an early copy of The Curve, a brand new novel by Jeremy Blachman and Cameron Stracher, about a corrupt Trump University-style law school. They've set up a website for the fake law school in the book, and would love readers to check it out and submit their own worst law school story for a chance to win an advance copy. [Manhattan Law School] * Who knows what the composition of the Court will be like when they hear it, but the Supreme Court will take on another racial gerrymandering case. [Election Law Blog] * The D.C. Disciplinary Counsel took seven years to pass judgment on an administrative law judge who sued a dry cleaner for $60 million over a pair of pants. [Legal Profession Blog] * What Muhammad Ali lost when he went to the Supreme Court. [Slate] * Using the life of a passed appellate attorney as inspiration for practice. [Guile is Good] * Does a sound legal case exist for indicting Hillary Clinton? [Beck's Law] * BuzzFeed turns down cold hard cash over its decision to turn away Trump for President ads. [Buzzfeed] * The "Gig Economy" -- things are only getting worse for adjunct professors. [Law and More]

By Kathryn Rubino
Morning Docket

Morning Docket: 06.03.16

* A ray of light for Madonna as the Ninth Circuit hands her a victory in a long-running copyright infringement case, creating a circuit split in the process. [Billboard] * The New York Court of Appeals overturns the $17.2 million award Washington Redskins owner Dan Snyder earlier won against Cadwalader at summary judgment. Life's hard for billionaires who beg regular people pay their bills for them. [Law360] * Kirkland & Ellis plays hardball with departing partner, forcing him to repay a $120K bonus before walking out the door. [Legal Week] * This is why we can't have nice things. Literally. Intellectual property concerns threaten customizable goods. [Corporate Counsel] * Texas AG Ken Paxton's still gonna have to face those criminal fraud charges. [Courthouse News Service] * Industry groups come out of the woodwork to challenge a Department of Labor rule requiring retirement advisors to act in the best interest of their customers. Crocodile tears abound as the groups claim they agree with the sentiment of the rule but just want the SEC to write it -- knowing full well that the SEC isn't going to write it. [Wall Street Journal] * Add ABA President Paulette Brown to the list of people outraged that Donald Trump is criticizing a federal judge for, among other things, being of Mexican descent. [Law360] * Irell gets sneaky in this copyright win over pre-1972 songs. [Litigation Daily]

By Joe Patrice
Non-Sequiturs

Non-Sequiturs: 06.01.16

* Will wearing makeup increase your earning potential? (Yes, they only mean for women, the patriarchy is a real bitch like that.) [Corporette] * Ken Starr says he is resigning from his position as Baylor chancellor "as a matter of conscience." Yup, he still plans on teaching at the law school. [ESPN] * Donald Trump's terrible comments about Judge Gonzalo Curiel are all part of a branding exercise. [Lawyers, Guns and Money] * Law professor Kimberlé Crenshaw is fighting to make people remember the women killed by police. #SayHerName [The Guardian] * The cleanup after a storm can be even more challenging than weathering the storm in the first instance. [Katz on Justice] * Has Election 2016 convinced you our electoral system is hopelessly broken? Here are the best ways to fix it. [Brennan Center for Justice] * Reflections from Richard Levick on Peter Thiel v. Gawker (including commentary from our very own David Lat). [Forbes]

By Kathryn Rubino
Morning Docket

Morning Docket: 05.31.16

* Do not mess with federal judges: Shortly after presumptive Republican presidential nominee Donald Trump criticized Judge Gonzalo Curiel of the Southern District of California at a political rally by calling him a "hater," the judge ordered that internal Trump University documents from a consumer fraud trial be unsealed. [POLITICO] * The Clark County Defenders Union that represents Zohra Bakhtary condemned Judge Conrad Hafen in an open letter, writing, "[h]andcuffing an attorney who is merely doing her job to teach her a lesson is simply improper and has never been done in the history of Nevada." [WSJ Law Blog] * When we last checked in with Stephen DiCarmine, Dewey's ex-executive director, he told a judge that due to financial constraints, he'd like to represent himself at retrial. Now, he's hired Rita Glavin of Seward & Kissel for the job. [DealBook / New York Times] * Uh-oh... Mossack Fonseca, the law firm behind the Panama Papers leaks, announced via Tweet its plans to close offices in several offshore tax havens. The firm will shutter offices in the island nations of Jersey, Gibraltar. and the Isle of Man. [VICE News] * Who knew a Libor-rigging trial could be so exciting? Former Barclays trader and criminal defendant Ryan Reich was scolded by a judge after he interrupted a co-defendant's testimony with shouts of "no, no, no, no." [Big Law Business] * Cassandra Q. Butts, former deputy White House counsel and longtime friend and advisor to law school classmate President Barack Obama, RIP. [Washington Post]

By Staci Zaretsky