Neal Katyal

Morning Docket

Morning Docket: 07.18.19

* The Stormy Daniels documents are about to be released and that should be a big political story for about 5 minutes before Trump sends ICE to deport Nancy Pelosi or something. [Reuters] * Because Europe isn't America and still understands antitrust law, the EU has opened an investigation into Amazon for allegedly using market data it collects from sellers to then go out and undercut them. It's a practice Elizabeth Warren recently broke down in baseball terms as, "you can be the umpire or you can own a team, but you can't do both." [Law.com] * Alex Acosta tried to save his job by touting that he got Jeffrey Epstein jail time. Lawyers now claim that Epstein was having sex with underaged girls during his sentence. [ABC News] * Can virtual law firms close the gender pay gap? Probably not a good sign when pay equity can only come from a knockoff brand. [American Lawyer] * Neal Katyal is giving young associates real opportunities to better train the next generation of Supreme Court advocates. [National Law Journal] * In moving tribute to Justice Stevens, the courts prepare to dismantle his landmark decision. [Law360] * With all the problems in the world, state legislatures want you to know they're all over that the Sharia law problem that literally no one has. [USA Today]

By Joe Patrice
Morning Docket

Morning Docket: 11.08.18

* Is Matt Whitaker's appointment as Acting Attorney General even legal? Well, Justice Thomas certainly doesn't think so. [Twitter] * Associate signing bonuses are on the decline according to a new report. On the other hand, we've heard about more firms offering payouts to make associates whole on bonuses when jumping firms, and I'm not sure this decline captures that. If not, this decline might be a distinction without difference. [American Lawyer] * Rudy Giuliani claiming he's got "financial troubles" while spending over $12K on cigars. Maybe he should ask for an advance from his client who claims to be a billionaire but is pretty obviously not even close to being a billionaire. [NBC] * Ron Wyden proposes criminal penalties for corporate data breaches. [Corporate Counsel] * Attorney wanted for murder has been apprehended in Cuba. [Law360] * As much as we tout advances in legal technology, it's the changes to the legal business model that may usher in the biggest transformation. [Forbes] * More insights from the In-House Benchmarking Report. Work is still moving in-house and technology has a lot to do with this shift. [Legaltech News]

By Joe Patrice
Morning Docket

Morning Docket: 11.30.17

* "On the surface it looks like you covered this up," is never the most encouraging message to hear from the federal judge on your case. [The Recorder] * Jeffrey Wertkin, the former Akin Gump partner who sold whistleblower complaints to targeted companies, pleaded guilty. [Reuters] * Juror dismissed from FIFA corruption trial for falling asleep, proving a trial about soccer is just as thrilling as a game of soccer. [Law360] * The highest paid GCs in America. [Corporate Counsel] * Jones Day continues its drive to scoop up SCOTUS clerks by the bushel. [American Lawyer] * Neal Katyal has passed Thurgood Marshall as the minority lawyer with the most Supreme Court arguments. [Litigation Daily] * It looks like justices from both ends of the philosophical spectrum will come together to rule that the DOJ still needs to get warrants. Glad we can all come together to agree on this very, very low bar. [National Law Journal]

By Joe Patrice
Morning Docket

Morning Docket: 09.12.17

* Biglaw's about to get hit hard by an economic downturn. [Law.com] * Looks like Ralph Baxter is announcing a run for congress this afternoon. [Am Law Daily] * Dewey think a 4 year sentence sounds fair? [Law360] * Judge calls fee request "attempted bank robbery." This is why you never request fees while wearing a rubber Nixon mask and carrying a shotgun. [Law.com] * Fascinating overview of the complex fight over Cravath's efforts to block victims from getting previously produced discovery materials. [Litigation Daily] * An interview with Ben Brafman, including a delightful explanation of why he has the hardest job in the world. [Coverage Opinions] * California moving to limit access of federal immigration officials to those in the state court system. [The Recorder] * What schools do the best job of placing AGs, SGs, United States Attorneys, and federal judges? The answer will absolutely not shock you at all. [Empirical SCOTUS]

By Joe Patrice
Morning Docket

Morning Docket: 08.16.17

* Could this be the case that puts the nail in the death penalty's coffin? Justice Breyer probably hopes so. Neal Katyal of Hogan Lovells has asked the Supreme Court to hear an Arizona death row inmate's case, arguing that the state's death penalty law is unconstitutional and that it must be struck down. [BuzzFeed] * "[T]he Tiffany trademark is not something to be trifled with." Judge Laura Taylor Swain of the Southern District of New York has ruled that Costco must pay more than $19 million after selling rings and attempting to pass them off as a luxury brand by using and infringing upon the Tiffany trademark. Treble damages are a bitch, and Costco plans to appeal. [New York Law Journal] * After a special Senate primary, former Alabama Supreme Court Chief Justice Roy Moore, who was once removed from his post and later suspended from it, and Senator Luther Strange, who was appointed to fill the seat formerly occupied by AG Jeff Sessions, will face each other in a runoff for the state's GOP nomination. Voters seem thrilled with their options. [New York Times] * A former law firm partner who is accused of creating a fake Match.com account using the name of a real female attorney and allegedly signing her up for emails from a weight loss surgery company, the Obesity Action Coalition, and Pig International -- all from his law firm computer -- is facing discipline before the Illinois Attorney Registration and Disciplinary Commission [Law.com] * Joseph Amico, who was arrested back in April after threatening to blow up a Manhattan attorney who he allegedly referred to as a "n****r lover" has been rearrested, this time for allegedly harassing the judge in his divorce case. Amico, who was free on $50,000 bail, has an optimistic attorney who's confident his client will receive a "favorable bail disposition." [New York Daily News] * If you're searching for a job to take after law school that doesn't necessarily involve practicing law, then you may want to consider a career in policy work. After all, having a law degree when working in the policy world likely amounts to some sort of a JD Advantage-type job. [U.S. News & World Report]

By Staci Zaretsky
Morning Docket

Morning Docket: 08.11.17

* President Donald Trump rejects reports that he's considered firing special counsel Robert Mueller, while offering a less-than-ringing endorsement of his relationship with Attorney General Jeff Sessions: "It is what it is." [New York Times] * Former Trump campaign manager Paul Manafort, whose house was the subject of a predawn raid by the FBI, parts ways with WilmerHale and goes back to his former lawyers at Miller & Chevalier. [National Law Journal] * Meanwhile, the Trump administration files its opening brief in the Supreme Court in the travel ban litigation. [How Appealing] * Georgetown Law launches a new con-law center, the Institute for Constitutional Advocacy and Protection, led by star SCOTUS litigator Neal Katyal, former National Security Council official Joshua Geltzer, and former Justice Department official Mary McCord. [ABA Journal] * Some Democratic senators claim that the White House isn't consulting them enough about judicial nominations. [Politico] * The hype may exceed the reality on alternative-fee arrangements -- but not at pharma giant GlaxoSmithKline, which takes an aggressive and innovative approach to AFAs. [Am Law Daily] * Settling the "pink slime" litigation cost Disney/ABC how much? [How Appealing] * Also not cheap: the costs of bad-faith discovery spoliation. [Big Law Business]

By David Lat
Morning Docket

Morning Docket: 05.05.17

* A Magic Circle firm sees two New York banking partners disappear. [Big Law Business] * A Biglaw partner cuts a deal with the SEC over allegations that he acted as a conduit for improper campaign donations, paying $95,000 and admitting no wrongdoing. [ABA Journal] * Being general counsel of Uber is a fascinating job because the company constantly confronts legal and regulatory issues -- the latest being a Justice Department probe into its "Greyball" software tool. [New York Times] * An interesting interview by Casey Sullivan of Hogan Lovells partner Neal Katyal, now tied with Thurgood Marshall as the minority lawyer with the most Supreme Court arguments. [Big Law Business via How Appealing] * A preview of next week's argument in the Trump travel ban case before the en banc Fourth Circuit (down a member because Judge J. Harvie Wilkinson is the father-in-law of acting solicitor general Jeffrey Wall, who's arguing the case). [Law.com]

By David Lat
Non-Sequiturs

Non-Sequiturs: 03.02.17

* Yay, Jeff Sessions has done the bare minimum necessary. [CNN] * What does Jeff Sessions think the standard is for lying under oath? [Slate] * Ho, ho, ho. This piece from 2007 by Neal Katyal about independent counsel regulations is particularly salient. [New York Times] * No matter what this Iowa Republican tells you, Sizzler (yes, the restaurant) does not run a real university. [Salon] * Florida's still cool with open carry law. Shocker. Correction: Florida Supreme Court upheld the BAN on open carry. I truly need more sleep, apologies. [Volokh Conspiracy] * Shhhhhh. It's gonna be a secret law. [Huffington Post] * Now the real question: who's next? [Law and More] * The judge from the Casey Anthony case has some theories... [Jezebel]

By Kathryn Rubino