Matthew Whitaker

Morning Docket

Morning Docket: 02.20.19

* Hail Mary pass interference? President Donald Trump reportedly asked then-acting AG Matthew Whitaker if U.S. Attorney Geoffrey Berman (S.D.N.Y.) -- a "perceived loyalist" -- could be put in charge of the Michael Cohen probe even though he'd already recused himself. [New York Times] * Chief Justice John Roberts once again sided with the Supreme Court’s liberals in refusing to agree with a Texas court’s decision to execute a death row inmate with intellectual disabilities, writing that the lower court’s review of the case “did not pass muster under this court’s analysis last time,” and “[i]t still doesn’t.” Justice Samuel Alito dissented, and was obviously joined by the high court’s conservatives. [Washington Post] * Emoji are popping up more and more in court cases, and courts still don't know what to do with them -- which is a shame, because "[j]udges need to be aware of the importance of the emojis to the overall communication when we run into ... odd evidentiary issues." [The Verge] * This Fox Rothschild partner is facing sanctions over missed deadlines in several cases for his client, porn producer Strike 3 Holdings. He's repped the "copyright troll" in about 2,500 infringement cases since 2017. [American Lawyer] * If you're interested in investing in the future of law, alternative legal services provider Axiom will be going public and has applied for an IPO. The number of shares up for grabs and their price range is still undecided. [ALM International]

By Staci Zaretsky
Morning Docket

Morning Docket: 02.08.19

* Earlier this week, Justice Samuel Alito blocked a Louisiana abortion law, and now a divided Supreme Court has done the same, with Chief Justice John Roberts joining with the Court's liberals to protect women's right to choose without undue burdens. Justice Brett Kavanaugh penned the dissent -- so much for "precedent on precedent." [USA Today] * After some back and forth over the threat of a subpoena, Acting Attorney General Matt Whitaker has agreed to testify publicly on the Mueller probe before the House Judiciary Committee bright and early tomorrow morning. [Washington Post] * "There’s no doubt that the talent wars in tax have definitely heated up." As it turns out, the Tax Cuts and Jobs Act is really living up to its name in that it's creating a lot of new jobs -- for tax lawyers and accountants, that is. [Wall Street Journal] * "I always thought of him as a good lawyer. I’m not so sure I think the same thing about him today." Now that he's serving as Trump's counsel, New York lawyers simply "don't understand" who the new and improved(?) Rudy Giuliani is. [Law.com] * Students at Harvard Law really want the school to continue its support of a pilot federal clerk hiring program that prevents judges from offering clerkships until applicants have completed their second year of school. [Harvard Crimson] * Lawyers representing Nick Sandmann, the Covington Catholic student who went viral after his run-in with a Native American elder during a D.C. protest, have sent an evidence-preservation letter to CNN prior to suing for defamation. [Daily Report]

By Staci Zaretsky
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By Charles River Associates (CRA)
Morning Docket

Morning Docket: 12.24.18

* How awesome is Ruth Bader Ginsburg? The Supreme Court justice had two cancerous growths removed from her left lung on Friday and voted from her hospital bed to reject Trump's asylum ban. Nothing can keep her down. [NBC News] * Acting AG Matt Whitaker is getting to know the President in the same way his predecessor did. Word on the street is that Trump was royally pissed that Whitaker allowed federal prosecutors to make him look bad in Michael Cohen's criminal case. [CNN] * Just because the government's shut down doesn't mean your federal cases will be put on hold. Federal courts have funding to get through three more weeks, and "the Southern District of New York will NOT shut down." [New York Law Journal] * As a result of the government shutdown, the Violence Against Women Act was allowed to expire, which means that programs to assist victims of sexual assault, domestic abuse, and stalking will be left without funding. Ugggggh. [Roll Call] * A former employee at UT Law was recently indicted on charges of theft, money laundering, and abuse of official capacity. He's been accused of taking $300K or more from the law school and faces up to 99 years in prison. [Austin American-Statesman]

By Staci Zaretsky
Morning Docket

Morning Docket: 12.21.18

* In completely unshocking news, despite advice from ethics officials, Acting Attorney General and former Tight End Matthew Whitaker has refused to recuse himself from oversight of special counsel Robert Mueller's Russian election interference probe. [USA Today] * Corporate clients are trying to control their spending, and that means more and more Biglaw firms are having trouble collecting on their year-end bills, such that "on average [a firm] can lose 20 percent of its original billing amount." [Big Law Business] * First-year law student enrollment increased by 3 percent this year, and two New Jersey schools played a really big role. Rutgers Law increased its 1Ls by 17.87 percent and Seton Hall Law increased its 1Ls by 24.87 percent. [New Jersey Law Journal] * Another day, another law school that's willing to accept the GRE for admissions. Starting this fall, the University at Buffalo School of Law will accept the alternative test in place of the LSAT to "eliminat[e] barriers to access to education." [UB Now] * In case you missed it, earlier this week, Nick Wilson, a public defender, won the latest season of Survivor. Now the 2013 graduate of Alabama Law has $1 million to pay off his loans after becoming the Sole Survivor. Congratulations! [Kentucky Today]

By Staci Zaretsky
Non-Sequiturs

Non Sequiturs: 11.18.18

* Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [Just Security] * WWRMD: What Would Robert Mueller Do, in the event that he's fired by Matt Whitaker? His options would be limited, according to Joel Cohen and Jennifer Rodgers. [The Hill] * As for who will become the next Senate-confirmed Attorney General, here are some possibilities -- including Glenn Reynolds's picks. [Instapundit] * Victoria Baranetsky, general counsel at the Center for Investigative Reporting, argues that the Jim Acosta case is about protecting press rights as well as due process. [Take Care] * Facebook friends aren't "real" friends -- at least according to this interesting new opinion from the Florida Supreme Court, highlighted by Eugene Volokh. [Reason / Volokh Conspiracy] * Managing partners don't get no respect at law firms -- and Bruce MacEwen thinks that's a problem. [Adam Smith Esq.] * Even though it has been out for just a few months, Westlaw Edge already has 1,500 subscribers -- and if you're thinking about getting it, tune in to this (sponsored) webinar to learn more. [Dewey B Strategic] * Yesterday I spoke at the Federalist Society National Lawyers Convention on a panel about technology, social media, and legal ethics, featuring Judge Don Willett (5th Cir.), Chief Judge Stephen Dillard (Ga. Ct. App.), Josh Blackman, and John Browning. Check it out!

By David Lat