Judge James Orenstein

Non-Sequiturs

Non-Sequiturs: 12.02.16

* Tony Mauro hangs out with Meg Ryan -- no, not the actress, but the SCOTUS clerk and JAG lawyer turned judge and possible Supreme Court nominee. [National Law Journal via How Appealing] * Speaking of SCOTUS, ain't no mountain high enough for the Notorious RBG. [The Onion] * New partner watch: congrats to the three new partners at an elite boutique (that just announced nice bonuses): Blair Kaminsky, Neil Lieberman, and Daniel Sullivan. [Holwell Shuster & Goldberg] * During this holiday season, help two lawyers help the homeless. [What About Clients?] * If you have to ask whether something is allowed under HIPAA, the answer is probably no. [MedCity News] * Orin Kerr on the latest skirmish in the "Magistrate's Revolt" -- an opinion by Magistrate Judge James Orenstein that Kerr believes is "clearly wrong." [Volokh Conspiracy] * Did the media misread Donald Trump during the campaign, taking him literally but not seriously (when it should've been the other way around)? [Althouse]

By David Lat
Non-Sequiturs

Non-Sequiturs: 10.28.15

* In September, Fox News anchor Harris Faulkner sued Hasbro over a toy hamster named Harris Faulker, claiming it violated her likeness rights. Hasbro has moved to dismiss the suit by providing a judge with side-by-side photos and a snark-filled filing. [THR, Esq. / Hollywood Reporter] * Per Gawker's GC Heather Dietrick, it's "more likely than not" that the media empire will lose in Hulk Hogan's case over the release of his sex tape. She doesn't think it's likely, however, that the wrestler will get the $100 million in damages he's seeking. [POLITICO] * It's time for a ride at the regulatory rodeo, because for the first time in more than 20 years, the U.S. Nuclear Regulatory Commission has issued a new operating license for a nuclear power plant. Say hello to Watts Bar Unit 2 in Spring City, Tennessee. [The Verge] * We mentioned previously that when Apple refused to unlock a defendant's iPhone for the DOJ, a federal judge wasn't sure if he had the legal authority to order Apple to do so. As it turns out, Apple's EULA gives the government the perfect loophole. [Simple Justice] * In case you missed it last week (we did), LegalZoom has settled its $10.5 million antitrust lawsuit against the North Carolina State Bar. The online legal documentation company will now vet all of its documents with lawyers from North Carolina. [ABA Journal] * Breaking Media Editor at Large Elie Mystal appeared on The Docket to defend sex offenders' civil rights on Halloween. His Darth Vader costume is worth seeing. [MSNBC]

By Staci Zaretsky
Morning Docket

Morning Docket: 10.27.15

* The Cincinnati Bengals reached a $255K settlement with their cheerleaders in a wage-and-hour suit. Each Ben-Gal stands to receive at least $2,500. Hmm, maybe they needed better lawyers who could BE AGGRESSIVE! B-E AGGRESSIVE! B-E A-G-G-R-E-S-S-I-V-E! [CBS News] * Biglaw leaders think that first-year associates are likely to be replaced by robots within 10 years. Some even think that second- and third-year associates could be replaced by artificial intelligence. Damn, no wonder NY to $190 is still a pipedream. [Ars Technica via Am Law Daily] * "What you're asking them to do is do work for you." Despite the fact that the cellphone was seized in an investigation, this federal magistrate judge says that he isn't quite sure if he has the legal authority to compel Apple to access data on a locked iPhone. [Reuters] * Justice waits for no one, except this defendant who allegedly murdered her 19-month-old daughter in 2010. After her trial was rescheduled for the 18th time, a judge finally decided he'd had enough: “Anything following this will be a trial or dismissal.” [WSJ Law Blog] * If you're trying to get into to law school, there's no need to wait for your fall semester grades before you send off your applications. A pulse and the ability to sign federal loan documents are all that you'll need. [Law School Lowdown / U.S. News & World Report]

By Staci Zaretsky