Jane Kelly

In-House Counsel

Non-Sequiturs: 03.14.16

* Ivanka Trump is getting called out on Instagram. Seems one of the shoes in her eponymous line is a dead ringer for Aquazzura's Wild Thing fringe sandal. [The Fashion Law] * The billable hour actually makes law firms less competitive -- not that this revelation will stop firms from conducting business that way. [Lawyerist] * When people attack Judge Jane Kelly because she used to be a public defender, they are really taking a crack at the Sixth Amendment. [Slate] * All the things that in-house counsel really want from their outside attorneys. [Ten Things] * A contested convention looks increasingly likely, and the GOP establishment is busy planning for that eventuality. [Bloomberg Politics] * Our friends at Solo Practice U turn 7! Don't miss their anniversary special. [Solo Practice University] * Word to the wise: when you start looking to House Of Cards for political tactics, you might be one of the bad guys. [The Slot] * What it takes to pull off a career comeback. (Spoiler alert: it isn't easy.) [Law and More]

By Kathryn Rubino
Morning Docket

Morning Docket: 03.14.16

* Now that the Supreme Court shortlist has been whittled down to just three appellate judges, people are speculating as to whether we're on track to see our first Asian-American nominee. Sri Srinivasan, the front-runner whose "ethnic identity would be the real novel factor here," could be the high court's first Hindu justice. [Washington Post] * Those on the left, however, apparently have objections to Judge Srinivasan's nomination. During his time at both O'Melveny & Myers and the DOJ, he supported companies accused of gross human rights abuses -- a "deeply disturbing" record for someone being considered for SCOTUS. [The Hill] * Oopsie! Somebody wasted $250K! On Friday, Judicial Crisis Network launched an ad campaign against Judge Jane Kelly of the Eighth Circuit's possible nomination to the nation's highest court. You can "[t]ell your senator Jane Kelly doesn't belong on the Supreme Court" all you want, but this is a bit of a moot point now. [POLITICO] * Since "simply claiming that an attorney's conduct was fraudulent does not allow plaintiffs to circumvent attorney immunity," the Fifth Circuit tossed a suit alleging that Proskauer Rose and Chadbourne & Parke helped to conceal R. Allen Stanford's $7.2B Ponzi scheme. Stanford is serving a 110-year sentence. [Big Law Business / Bloomberg] * You snooze, you lose: "[W]e find it impossible not to conclude that [Nikita] Mackey slept, and was therefore not functioning as a lawyer during a substantial portion of the trial." The Fourth Circuit vacated a man's conviction and 30-year sentence because his lawyer slept "almost every day" of his trial, for at least 30 minutes. [WSJ Law Blog]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.10.16

* Justice Elizabeth Warren? While that may have a nice ring to it for some, given the extreme political gridlock that any Supreme Court nominee -- much less someone who's considered a staunch Democrat -- will be subjected to in the Senate, it's just not something that's ever likely to happen during President Obama's last term. [CNN] * Not that he was a very likely choice to begin with, but Judge Adalberto Jordan of the Eleventh Circuit has asked that he be taken out of consideration for a Supreme Court nomination to fill the vacancy left by the late Justice Antonin Scalia. He would've been the Court's first Cuban-American justice if appointed and confirmed. [Associated Press] * Senator Chuck Grassley, chair of the Senate Judiciary, says the nominee is "totally irrelevant," he's not going to consider giving anyone a hearing -- not even Judge Jane Kelly of the Eighth Circuit, who he strongly supported just years earlier when she was unanimously confirmed by the Senate for her current position. [Gazette of Cedar Rapids] * More than 100 corporate lawyers from firms like Paul Weiss, Arent Fox, and Bradley Arant signed a letter urging Senate Republicans to fill the empty SCOTUS seat. After all, a lengthy vacancy could create "uncertainty for the financial industry, major corporate employees, as well as small businesses," also known as their clients. [WSJ Law Blog] * According to a report by IT security company TruShield, the legal industry was heavily targeted by cyber threats in January. The only reason law firms didn't suffer any serious setbacks is because they've invested in network security. For a profession that really loathes new technologies, we're doing A-okay. [Big Law Business / Bloomberg BNA]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.07.16

* "I've taught immigration law literally to 3-year-olds and 4-year-olds." Immigration Judge Jack H. Weil seems to think that children facing deportation don't need court-appointed attorneys because they're perfectly capable of representing themselves. We'll have more on this later. [Washington Post] * "[T]his will be the first time a law school will be on trial to defend its public employment figures." It's taken five years, but Anna Alaburda will finally get to face off in court against Thomas Jefferson School of Law. Soon we'll find out if the word "allegedly" can stop being used as a prefix for the school's allegedly deceptive job statistics. [DealBook / New York Times] * If President Obama nominates Judge Jane Kelly of the Eighth Circuit for a seat on SCOTUS, then Sen. Chuck Grassley (R-IA) of the Senate Judiciary Committee could be in a pickle. Would Kelly, a longtime Iowa public defender, be refused a hearing even though Grassley supported her when she was appointed in 2013? [Des Moines Register] * The Alabama Supreme Court begrudgingly dismissed suits filed by conservative groups seeking a ruling declaring that the state's anti-gay marriage laws were still in effect, despite the SCOTUS decision in Obergefell. In a concurrence at odds with reality, Chief Justice Roy Moore held fast to his belief that the state's law was still intact. [AL.com] * As we mentioned previously, the American Bar Association will vote on a change to its bar passage rate rules for law schools. Schools notorious for their bar passage problems better hold onto their hats if this proposal is passed, because their accreditation may quickly turn out to be like their graduates' job prospects: nonexistent. [WSJ Law Blog]

By Staci Zaretsky
Morning Docket

Morning Docket: 03.03.16

* Polsinelli has gutted Novak Druce by hiring away 44 lawyers from the firm in a mass lateral move, including two of its name partners. The suffering IP boutique will shutter its doors and wind down its legal practice for good. [Big Law Business / Bloomberg BNA] * A source says that Judge Jane Kelly of the Eighth Circuit is being vetted as a potential nominee to replace Justice Antonin Scalia on the Supreme Court. The Iowa judge could make Senate Republicans squirm since she was confirmed unanimously just three years ago. [New York Times] * "You're making a commitment that has very little room for escape." Kirkland & Ellis increased its notice period to 120 days, and partners are wondering whether other firms will follow suit and make it even harder for them to leave. [Crain's Chicago Business] * SCOTUS watchers say the justices appeared "deeply divided" during oral arguments in the Whole Woman's Health case, but some think Justice Kennedy may decide to punt it -- perhaps giving time for Justice Scalia's replacement to be confirmed. [USA Today] * Attention sports fans: The NFL's Hail Mary appeal of the Deflategate case will be heard by a three-judge panel of the Second Circuit today. At an estimated $20 million total, the legal bill on this action could be one for the Pro Football Hall of Fame. [WSJ Law Blog] * Louisiana is a state with notoriously harsh punishments for marijuana-related crimes, but it may be considering legalizing weed for recreational use. Dealing drugs seems like it'd be a quick and easy way for the state to get out of its $850M debt. [Daily Beast]

By Staci Zaretsky
8th Circuit

Morning Docket: 04.25.13

* On this episode of Supreme Court Retirement Watch, we learn that for whatever reason, Justice Breyer is “having the time of his life,” and so once again, all eyes are upon Justice Ginsberg. Maybe in 2015, folks. [The Hill] * How unusual that a federal judge would see a confirmation in less than three months. If only Chuck Grassley owed favors to all of the nominees. Congratulations to Jane Kelly, now of the Eighth Circuit. [Legal Times] * Thanks to an unprecedented ruling from Judge Dolly Gee, mentally disabled immigrants facing deportation will be receive government-paid legal representation. New law school clinics, assemble! [New York Times] * “Among the things the ABA is working on, this may be the most important.” Too bad the Task Force on the Future of Education seems to suffer from too many cooks in kitchen. [National Law Journal] * Another one bites the dust: Team Strauss/Anziska’s lawsuit against Brooklyn Law School over its allegedly phony employment statistics has been dismissed. Sad trombone. [WSJ Law Blog (sub. req.)] * Justin Teixeira, one of the Berkeley law students accused in the Las Vegas bird beheading, waived an evidentiary hearing so the media couldn’t squawk about video images they’d see. [Washington Post]

By Staci Zaretsky