Pauline Newman Speaks At Vaccine Law Conference
The disciplinary committee's assessment does't seem to be aging well.
Morning Docket: 09.18.23
* Texas AG Ken Paxton acquitted in his impeachment trial, which as a reminder was brought by the Republicans in the Texas House. [Texas Tribune] * Don't let the Clarence and Sam ethical quagmire distract from the other important legal reporting coming out of ProPublica. Like this deep dive into how Mississippi deals with poor defendants. [ProPublica] * While her fellow judges engage in an end run around the Constitution to sideline Judge Pauline Newman citing a decline in mental faculties (which a leading neurologist disputes... but obviously judges understand neurology better than neurologists), she regaled a conference with her take on patent issues surrounding vaccine development. [Reuters] * Trouble in wingnut paradise? Doctor Jenna Ellis turns on Donald Trump. [The Guardian] * Biglaw is hemorrhaging support staff. [American Lawyer] * T.I. headed back to court with his IP case against a doll manufacturer now that the Supreme Court futzed with IP standards in the dog toy case. [Law360] * Banks tell CFPB that there's no reason to have separate standards for "medical credit cards" aimed at patients trying to not go bankrupt under the American health care system because they're really not any different than regular credit cards... despite being named "medical credit cards," marketed toward a uniquely desperate population, and having totally different policies. [Bloomberg Law News]
Pursuing The Pro Bono Story: A Conversation With Alicia Aiken
This Pro Bono Week, get inspired to give back with PLI’s Pursuing Justice: The Pro Bono Files, a one-of-a-kind podcast hosted by Alicia Aiken.
Morning Docket: 09.08.23
* Alabama's open defiance of the Supreme Court's election law ruling sets up a potential return trip to DC, with Republicans hoping they can flip Brett Kavanaugh this time. A new leak -- which we'll also never get to the bottom of -- suggests Kavanaugh's original vote was the product of lengthy negotiations with John Roberts. Is Roberts leaking this to shame Kavanaugh into remaining consistent... or is Alito leaking this to call Kavanaugh a cuck for respecting the Voting Rights Act? Both good guesses! [CNN] * Speaking of Kavanaugh, he says that being a judge is like being an umpire. Though for colleagues like Thomas and Alito it seems to be more like being an NBA referee. Specifically Tim Donaghy. [Law360] * Data privacy is a massive battleground for future legal tussles, but law schools are more interested in maintaining courses on who controls a whale carcass under admiralty law to bother teaching about data. [Legaltech News] * Judge Pauline Newman releases her medical tests as the Federal Circuit continues its unconstitutional power grab to force her off the bench. Again, the judiciary should have term limits, but until it does this is a matter for the legislative branch. [Bloomberg Law News] * In "dog bites man" news, Peter Navarro convicted on contempt of Congress charges. [Reuters] * Eversheds lawyer apparently punched a banker for using a slur. This is toward the top of the lengthy list of reasons to punch bankers. [Roll on Friday]
Morning Docket: 09.05.23
* The collapse of crypto is paying off for lawyers. [NY Times] * Federal Circuit moves to dismiss Judge Pauline Newman's lawsuit challenging the court deciding to kick her off panels arguing that no court can question their internal affairs. Sounds like the Federal Circuit is taking a lot of lessons from the Supreme Court. [Reuters] * A primer for Ken Paxton's impeachment trial. [Law360] * All-white federal district courts still exist. Because people like this still exist. [Bloomberg Law News] * Dechert facing sanctions over dragging out discovery. [American Lawyer] * NY begins cracking down on Airbnb. [NY Daily News]
Morning Docket: 08.17.23
* Fifth Circuit judges anoint themselves pharmaceutical scientists to determine that the FDA probably didn't understand mifepristone when its scientists exercised their statutory and regulatory authority. So now judges are historians, neurologists, and drug scientists. Yale and Harvard JDs really prepare you to be jackasses of all trades! [Reuters] * Speaking of judges acting as neurologists, the Federal Circuit backtracked to avoid that charge and cited Judge Pauline Newman's reticence to hand over medical records of a cardiac event as the key justification to ban her from the court. Which fails their own twisted rationale since a risk of heart attack has no bearing on a judge's faculties. But in any event, they're cardiologists now, too. [Law360] * It took a matter of hours for Trump supporters to publicly circulate the names and addresses of Georgia grand jurors. [NBC] * By nixing student loan forgiveness, the Supreme Court likely also jacked the market by robbing it of 401(k) investment. [Bloomberg Law News] * Law firms are generally uninterested in a fully remote workforce -- which is understandable in some practice areas. But somehow this is going to get conflated with hybrid work models and some dumb firm is going to think it has cover to fully end working from home -- to the delight of the firms looking to poach. [American Lawyer] * Fox News needs a new CLO after the last one presided over the company accumulating upwards of a billion in liability. Who would want this job? [Corporate Counsel] * Freshfields managing partner races in FIA bronze level events in his spare time. [LegalCheek]
Morning Docket: 08.16.23
* Judge Edith Jones writes a letter to the Wall Street Journal blasting the Federal Circuit's actions to sideline Judge Pauline Newman. [Wall Street Journal] * Blind Side subject Michael Oher has filed to end the conservatorship of the couple he lived with. Oher alleges that he believed he was being adopted when in reality he handed over substantial financial rights and no one checked for almost two decades. [Bloomberg Law News] * Black lawyer says he was handcuffed while a judge ordered him to produce documents or settle the case. [ABA Journal] * Lawsuit claims that state law illegally favors Iowa wineries. In other news, Iowa has wineries. [DMR] * Class action suits filed against Hawaiian utility companies over fires. [Law.com] * ABA considering rule requiring law schools to adopt written free speech policies. No way this just turns into a cudgel for powerful interests to squelch protest under the moniker of "free speech." Yep, no way at all! [Reuters] * Former FBI agent admits taking cash from sanctioned Russian oligarchs. [Law360]
3 Ways Lawyers Are Finding New Efficiencies With AI
Those who’ve adopted legal-specific systems are seeing big benefits.
Pauline Newman’s Doctor Has Some Choice Words For The Judicial Panel That Ruled Against Her
The committee didn't follow the doctor's orders.
Morning Docket: 08.08.23
* Biggest law firm no more... Dentons splitting from Dacheng as China institutes new cybersecurity regulations. [Financial Times] * The folks behind the Supreme Court case striking down affirmative action in higher education are now launching suits against diversity in the private sector. [WSJ] * John Eastman wants his disbarment proceedings halted so he can concentrate on being an (as yet) unindicted co-conspirator. [The Hill] * The Federal Circuit wants to sideline Judge Pauline Newman for not submitting to a mental health examination... or more accurately their mental health examination. Because she has been examined by a neurologist who blasted the circuit's recommendation. First federal judges explain history to historians, now they're explaining neurology to neurologists. [Bloomberg Law News] * Trump judge orders Southwest Airlines attorneys to attend "religious freedom" training from designated hate group. [Law360] * Stroock and Stroock and Leavin'. More partners jump ship as the firm votes to end its pension obligations. [American Lawyer] * Attorneys in Wells Fargo case ask for $180 million. Or double what Wachtell wanted for the Twitter deal that got everyone in a tizzy. [Reuters]
Despite Her Cooperation, Panel Decides To Suspend Pauline Newman For A Year
This is one hell of a way to treat a colleague.
Morning Docket: 08.07.23
* Elon claims that X will pay legal fees of users who lost their jobs over deplorable stuff they Tweeted. Bold promise from a guy who won't even pay his own legal fees. [Fortune] * Law firm demand is up as the market continues to fret about the recession that never materialized. [Reuters] * Federal Circuit panel calls for Judge Pauline Newman to be suspended for a year for not submitting to a mental health examination to prove or disprove the mental health allegations that the Federal Circuit seeks to suspend her over. [Bloomberg Law News] * Convicted war criminal seeks bar admission. In case you were worried about how character & fitness might eye your speeding tickets. [The Intercept] * Ken Paxton's lawyers recognize the broad gag order prohibiting them from discussing the case with the media beyond reciting information in public records... so they're just going on the radio and reading selective, inflammatory passages from their filings. [KABB] * Attorney David Oscar Markus snagged around 45 minutes with Trump attorney John Lauro. [For the Defense] * Harvard Law professor Charles Ogletree has passed away. [Politico]
Chrometa: Turning Time Into Billable Value For Modern Lawyers
Adoption of Chrometa represents more than a technological upgrade; it reflects a professional philosophy that values accuracy, transparency, and efficiency.
Morning Docket: 08.03.23
* Plaintiff seeks sanctions against Rudy Giuliani in breach of contract lawsuit. This seems like... not the most pressing of the former NYC mayor's legal woes. [New York Law Journal] * Norton Rose Fulbright partner Vincent Dunn is working on the road from Australia. That's because his daughter, Crystal Dunn, is playing for the U.S. Women's National Team in the World Cup. [National Law Journal] * 96-year-old Judge Pauline Newman wrote a pointed dissent amid questions of her competency. [Law360] * Harvard Law's Laurence Tribe weighs in on the case against FTX crypto founder Sam Bankman-Fried, on behalf of the defendant. [Reuters] * Georgia district attorneys are suing over a new law giving the state the power to remove the elected officials over discretionary decisions. [Bloomberg Law]
‘Supreme Court Ethics’ Achieves Oxymoron Status
Also more mandatory office policies and a brief primer on the Federal Circuit controversy.
Morning Docket: 07.19.23
* Contract waiver... it's the real thing. [Corporate Counsel] * Vivek Ramaswamy continues to run for president for some unknown reason and just released his Supreme Court shortlist focused on the most unqualified and tantrum prone judges on the Federalist Society bench. Demeaning the bench is now a feature and not a bug. [Washington Post] * Illinois Supreme Court upholds bail reform, rejecting bizarre argument that "only allowing rich defendants out of jail" was a constitutional issue. [CNN] * Accomplished public interest lawyer confirmed to the Sixth Circuit. It used to be all it took to get on the Sixth Circuit was an anti-gay blogging profile. [Reuters] * Judge Pauline Newman appeared on a podcast to discuss the efforts to sideline her. [Bloomberg Law News] * Ben Crump enters the Northwestern football hazing scandal to represent a number of the players. The more you dig into this case the more you realize why this football team wanted to unionize so badly. [USA Today] * Beware the legally binding emoji. [Legaltech News]
Morning Docket: 07.12.23
* In bothsideism push, conservatives are hyping that Sotomayor's book tour makes hosts purchase copies. Putting aside that this is how book tours work everywhere, the complaint underscores that Alito and Thomas defenders think the problem is "justices making money" as opposed to "justices getting paid by parties trying to influence the judges." [AP] * Lawsuit brought against Idaho's abortion travel ban. [Law.com] * It's not just law firms forcing people back to in-person work just because old partners feel lonely. Judges are willing to let the wheels of justice grind if it gives them some playmates throughout the day. [New York Law Journal] * "Judges Confused by Supreme Court’s Historical Test for Gun Laws." It can be confusing if you get tripped up on the "historical" part. But it's really easy once you ignore all the actual history and only use the gun manufacturer fan fiction account in Bruen. [Bloomberg Law News] * Mainstream media asking snide questions about antitrust law after Microsoft ruling. [NY Times] * Judge Newman's battle with the rest of the Federal Circuit now has a mediator. [Law360]
Morning Docket: 07.07.23
* Federal judge wants the dysfunctional Federal Circuit to go to couples therapy -- or mediation as he called it. [Bloomberg Law News] * California decides it's far too difficult to hold employers liable for exposing employees to COVID so it just... won't. [Law360] * Judge in trouble for lip synching. Like you'd WANT to hear a judge's singing voice? [ABA Journal] * Supreme Court looks to make it safe for violent domestic abusers to stockpile guns again. Maybe they'll bother to read the cases they cite... unlike the circuit court. [Reuters] * Top ten highest paid CEO list reveals it's good to be in legal tech. [CNBC]