Peter Henning

Morning Docket

Morning Docket: 01.10.17

* The confirmation hearings for Jeff Sessions to serve as U.S. attorney general get underway today; here's what to watch for. [How Appealing] * Biglaw faces big challenges today, and even top law firms need to up their game. [DealBook / New York Times] * Jared Kushner, Donald Trump's son-in-law (and also holder of an NYU Law degree), will serve as senior adviser to President Trump; Kushner's lawyer, Jamie Gorelick of WilmerHale, dismissed nepotism and conflict-of-interest concerns. [Washington Post] * Speaking of conflicts, it's probably a wise idea for Supreme Court justices to unload their holdings of individual stocks -- as a recent snafu involving Chief Justice John Roberts suggests. [New York Times] * Speaking of SCOTUS, the Court heard arguments yesterday in a case about a Colorado law making it more difficult for criminal defendants whose convictions get overturned to obtain refunds of fines and restitution they previously paid. [How Appealing] * Here is Chris Geidner's assessment of the where the Court is right now -- and how it might change after President Trump's first appointment, to be announced sometime after inauguration. [BuzzFeed] * And here is a detailed dossier on one of Trump's SCOTUS finalists, Judge Neil Gorsuch of the Tenth Circuit. [U.S. Law Week / Bloomberg BNA] * What can we expect from the SEC if Sullivan & Cromwell partner Jay Clayton is confirmed as chair? Thoughts from Peter J. Henning. [DealBook / New York Times]

By David Lat
Morning Docket

Morning Docket: 01.12.16

* Based on reading the oral-argument tea leaves, it sounds like the Supreme Court is about to school the teachers' unions (and public-sector unions more generally). [How Appealing] * Ring in the new year by making the register ring: a slew of Biglaw firms have secured (presumably lucrative) engagements working on the proposed $32 billion merger between drug makers Shire Plc and Baxalta Inc. [American Lawyer] * By a vote of 82-6, and after a wait of more than 400 days, the Senate just confirmed Judge Luis Felipe Restrepo to the Third Circuit, making him the first Hispanic federal judge from Pennsylvania to sit on that court. [Associated Press] * Good news for fantasy-sports fans: it's not (yet) "game over" for DraftKings and FanDuel, thanks to a stay issued by a New York appellate court. [Bloomberg News] * And bad news for student-loan-saddled law grads (like our own Shannon Achimalbe) who were hoping that SCOTUS might make it easier to discharge such debts through bankruptcy. [Wall Street Journal via ABA Journal] * Does Sean Penn face legal risk for his interview of El Chapo, the infamous Mexican drug lord? [ABA Journal] * A former federal prosecutor just secured a six-figure settlement and reinstatement from the Justice Department. [National Law Journal] * U.S. Attorney Preet Bharara -- who came so, so close to winning Lawyer of the Year honors -- announced that Governor Mario Cuomo is off the legal hook for his controversial shutdown of the Moreland Commission, a panel aimed at investigating public corruption. [Law360] * Avvo is starting to roll out a service featuring fixed-fee, limited-scope legal services through a network of attorneys (and Bob Ambrogi has the scoop). [Law Sites] * Professor Peter J. Henning explores the implications of the end of the government case against hedge fund magnate Steve Cohen. [DealBook / New York Times]

By David Lat
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By Charles River Associates (CRA)
Morning Docket

Morning Docket: 12.22.15

* Getting arrested on federal criminal charges accusing you of conspiring with loathed pharma CEO Martin Shkreli is very stressful — so one can understand why Biglaw partner Evan Greebel needs a Cancun vacation right about now. [USA Today; BloombergBusiness] * Speaking of Evan Greebel, here is a closer look at the charges against him, […]

By David Lat
Airplanes / Aviation

Morning Docket: 10.01.12

* Bank of America agreed to pay $2.43 billion, one of the biggest securities class-action settlements in history, to put the Merrill Lynch mess behind it. According to Professors Peter Henning and Steven Davidoff, B of A “is probably quite happy with the settlement given that it could have potentially faced billions of dollars more in liability in the case.” [DealBook / New York Times] * “Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting.” Here is Robert Barnes’s take on the SCOTUS Term that starts today. [Washington Post] * And here is Professor Garrett Epps’s review of Jeffrey Toobin’s new book on the Supreme Court, The Oath (affiliate link). [New York Times] * How Dewey justify paying a big bonus to a member of the management team “when it has been widely pointed out that excessive compensation to the firm’s upper management significantly contributed to the firm’s collapse in the first place?” [Bankruptcy Beat via WSJ Law Blog] * A high-profile Vatican trial raises these questions: “‘Did the butler do it?’ Or rather, ‘was it only the butler who did it?’” [Christian Science Monitor] * Ben Ogden, an Allen & Overy associate who was killed in a Nepalese plane crash, R.I.P. [Am Law Daily]

By David Lat
Biglaw

Quote of the Day: Rupert Murdoch Needs More Than a Potted Plant

[Brendan] Sullivan and his law firm certainly have their work cut out for them. [Rupert] Murdoch may have thought the damage was contained, but it appears this scandal will persist for quite a while. — Professor Peter J. Henning, commenting on the decision of News Corp. to hire renowned litigator Brendan Sullivan and his powerhouse […]

By David Lat