Judge Rakoff

Banking Law

Non-Sequiturs: 11.04.14

* If you’re a law student in Philadelphia or D.C., come hang out with us this week. RSVP to tomorrow’s Philly event here. [Above the Law] * Or RSVP to Thursday’s D.C. trivia night here. [Above the Law] * Judge Jed Rakoff explains exactly why innocent people plead guilty for all those people who don’t believe it. Well, the people who don’t believe it probably don’t read the New York Review of Books, but maybe John Oliver will have Judge Rakoff on so this can go viral. [The New York Review of Books] * The sex, lies (about polygamy), and videotape article from this morning raises another important issue I’d missed: the heightened stigma faced by women with substance abuse issues. [Law and More] * 10 thoughts on business development. Don’t do what the guy in the last story did. [Medium] * Adjunct law professor threatens to quit. Law school dean surely replies, “You must not know ’bout me.” [Chronicle of Higher Education] * Georgia state legislature has the novel idea to punish the people who exploit student athletes as opposed to only the athletes themselves. Too bad that doesn’t apply to the universities. [The Legal Blitz] * Five years after New York State required banks to negotiate in “good faith” with homeowners facing foreclosure, the Second Department approved a sanction for banks that ignore this obligation. The 2009 law created the “good faith” obligation but contained no remedy for violations. That left trial judges without guidance as to how to proceed when faced with an intransigent bank. [WiseLaw NY]

By Joe Patrice
Akin Gump

Morning Docket: 02.12.13

* This guy could teach a master class in how to stand by your (wo)man. Mary Jo White’s husband, John White, will relinquish his equity partner status at Cravath upon her confirmation as the head of the Securities and Exchange Commission. [Am Law Daily] * Macho, macho man: it looks like we’ll never know if Dechert actually has a “macho culture,” because the FMLA and paternity leave case that questioned the very existence of this Biglaw subculture was settled out of court. [National Law Journal] * Why you gotta go and ruin Valentine’s Day for everyone at O’Melveny and Akin Gump? Apple’s request to speed up the Greenlight Capital case was approved, with arguments now scheduled for February 19. [CNET] * Despite her nomination being crapped on by the Senate, Jenny Rivera, the CUNY School of Law professor, was recently confirmed as an associate judge of the New York Court of Appeals. [New York Law Journal] * Remember the lawyer who sued Westlaw and Lexis for copyright infringement? Judge Jef Rakoff dismissed it for reasons yet to be disclosed, but probably for legal dumbassery. [Thomson Reuters News & Insight] * “Behold, the instrument of your liberation!” Survivors of the Aurora movie massacre are being harassed by conspiracy theorists, and the DA asked the judge to scrub their names from the record. [Courthouse News]

By Staci Zaretsky
Football

Morning Docket: 06.11.12

* Have you ever wondered why Justice Clarence Thomas hasn’t spoken during oral arguments before SCOTUS in more than six years? It’s probably because he hates them so much that he thinks we should “do away” with them entirely. [Charlotte Observer] * Former Solicitor General Paul Clement, he of unparalleled oral advocacy skills, claims that there’s “no magic formula for time management” — but having a superior legal mind certainly helps the situation when preparing for argument. [Appellate Daily] * It’s “highly likely” that Rajat Gupta will won’t take the witness stand to testify in his own defense at his insider-trading trial. Query what Benula Bensam would have written to Judge Rakoff about that. [Los Angeles Times] * If you’re thinking of hopping on the “blame the ABA” bandwagon in defense of your employment statistics, think again. A federal judge rejected Cooley Law’s argument on that front last week. [National Law Journal] * Meanwhile, Cooley “isn’t interested in reducing the size of its entering class on the basis of the perceived benefit to society,” but at least ten other schools will be reducing class sizes. [Wall Street Journal (sub. req.)] * A judge denied Jerry Sandusky’s motion to dismiss the charges against him. The former football coach clearly needed 1-800-REALITY check if he seriously thought that his request was going to be granted. [CNN] * If you’re planning on living rent-free in New York City for almost a decade, make sure you’re doing it in a building that isn’t up to code. You’ll never be evicted thanks to this Court of Appeals ruling. [New York Times]

By Staci Zaretsky
9th Circuit

Morning Docket: 03.06.12

* Due process, judicial process, yeah, yeah, same difference. Not so, says Attorney General Eric Holder — especially when it comes to assassinating killing Americans abroad. [Blog of Legal Times] * Now that BP has settled claims made by private sector plaintiffs, state and federal government lawyers are getting ready to wait “months, not weeks” for their new trial date. [Financial Times] * Newt Gingrich wants his “Eye of the Tiger” copyright infringement suit to be dismissed. Listen, judge, if he can’t play this song, we won’t get our moon base or cheaper gas. [The Caucus / New York Times] * As if being a Mets fan wasn’t bad enough on its own, Judge Jed Rakoff has struck again. He refused to dismiss Irving Picard’s lawsuit, and now the team’s owners must go to trial over millions. [Businessweek] * Lawyers from Milberg will be joining Paul Ceglia’s legal team. They must not have checked this dude’s Facebook timeline — this is the the fifth firm to sign up for a Gibson Dunn sucker punch. [Bloomberg] * Thanks to a decision by a three-judge panel of the Ninth Circuit, Jared Loughner will continue to be forcibly medicated. What better way to restore him to competency than to shove pills down his throat? [Reuters]

By Staci Zaretsky
Copyright

Lawyers Sue Westlaw, Lexis-Nexis for Copyright Infringement

Where would lawyers be without open (and absurdly expensive) access to Westlaw and Lexis-Nexis for legal research? They’d have to trudge down to the closest law library and read real books made of paper. They’d have to head over to the courthouse and pull actual files with non-electronic documents inside of them. In a time where legal texts are used solely for decorative bookshelf purposes, that is just too much to ask. But that is the behavior that two lawyers would expect of their professional colleagues. Do they have any chance of winning their class action copyright suit?

By Staci Zaretsky
Biglaw

Morning Docket: 12.30.11

* Rick Perry’s motion for a temporary restraining order over the printing of Virginia’s primary ballots without his name on them has been denied. Damn all of those unelected, activist judges! [Bloomberg] * Jed Rakoff isn’t the only one with cojones big enough to challenge the SEC. Wisconsin Judge Rudolph Randa fell right in line, […]

By Staci Zaretsky
2nd Circuit

Morning Docket: 12.28.11

* How many of these suggested New Year’s resolutions should the members of the Supreme Court consider following? Eight out of ten resolutions wouldn’t be too shabby. [Huffington Post] * Like a virgin, detained for the very first time: thanks to this court order, Egypt will be forced to come out of the dark ages […]

By Staci Zaretsky
Guns / Firearms

Morning Docket: 12.16.11

* A man on trial for sex crimes at a Minnesota courthouse allegedly shot three people yesterday, including prosecutor Timothy Scannell. Guess it’s time to get a metal detector. [Duluth News Tribune] * Instead of trying to force Citigroup’s hand on a tougher settlement, the SEC is appealing Judge Rakoff’s rejection of the original. Don’t […]

By Staci Zaretsky