Sandy

Biglaw

Morning Docket: 12.10.12

* “The people who are paying us say this is what we want.” When it comes to cross-border mergers, law firms aren’t becoming behemoths for the hell of it. The end goal is to be able to edge out the rest of the competition. [Wall Street Journal (sub. req.)] * It’s been six weeks since Hurricane Sandy hit the east coast, and “[e]verybody wants to go back downtown,” but some Biglaw firms in New York City — firms like Harris Beach and Cahill Gordon — are still stuck in their temporary offices. [New York Law Journal] * Following Jeh Johnson’s adieu to the DoD, drone-loving Harold Koh will be packing up his office at the State Department and returning to Yale Law to resume his professorship next month. [WSJ Law Blog (sub. req.)] * According to the Bureau of Labor Statistics, the legal sector is employing 5,800 more people than it was at this time last year. We’d be in good shape if 40,000 people hadn’t graduated law school in May. [Am Law Daily] * Another day, another wrist slap: Villanova Law has been placed on probation for by the Association of American Law Schools over its grade-inflation scandal. Does that even mean anything? [Philadelphia Inquirer] * The Lanier Law Firm, known for its spectacular Christmas parties, hosted some country superstars at this year’s event. Guess we know where Faith Hill and Tim McGraw go for legal assistance. [Houston Chronicle] * A slim majority of American adults think that federal government employees should just sit back, relax, and smoke a bowl instead of enforcing federal laws against marijuana use. [FiveThirtyEight / New York Times] * “I’m sorry they are confused in the White House.” Puerto Rico’s statehood referendum received a majority of votes, but lawmakers say the results of the two-part plebiscite are too confusing to add a 51st state. [CNN]

By Staci Zaretsky
Deaths

Non-Sequiturs: 11.27.12

* Legendary union leader Marvin Miller died today at the age of 95. This is a guy who lost a huge case at the Supreme Court fighting against Major League Baseball, and still found a way to win. He wasn’t a lawyer, but he mastered the law. [USA Today] * Tax professors weigh in on the fiscal cliff. [Tax Prof Blog] * Jersey Shore residents are suing over sand dune protection from storms. They’re not suing because they’re weren’t protected enough, they’re suing because the new sand dunes block their ocean view. [Asbury Park Press] * Yahoo! and NBA lawyers might need to talk about what, precisely, the NBA is endorsing. [Marc Edelman Blog] * I’m going to go on and vote “no” on the question of whether or not the U.N. should get to “govern” the internet. Wait… I don’t get a “vote” on what the U.N. should do? Well, that sounds like a good reason to go back to not giving a crap about anything the U.N. says. [The Volokh Conspiracy] * Looks like the wheel finally came ’round on InTrade. [Dealbreaker] * The Justice Resource Center, coordinator of the 2013 NYSBA High School Mock Trial Tournament, seeks voluntary attorney-coaches. Help teach young people about the law — and get CLE credit, too! [Justice Resource Center]

By Elie Mystal
7th Circuit

Morning Docket: 11.15.12

* In a move to “end the vacancy crisis,” one week after being reelected, and one day after the Senate returned to session, Barack Obama nominated seven people for open seats on federal district courts, including two S.D.N.Y. slots. [Blog of Legal Times] * Dewey know how much the Los Angeles Dodgers will have to pay the now defunct firm for its work on the team’s Chapter 11 bankruptcy case? About $13M — the equivalent of their pitcher’s salary, or 62% of their first baseman’s pay. [WSJ Law Blog] * Which Biglaw firms in the Am Law 200 are the most LGBT friendly? Overall, of the 145 firms that participated in the Human Rights Campaign’s survey, 71 received perfect scores. Absolutely fabulous! [Am Law Daily] * The American Bar Association’s Task Force on the Future of Legal Education wants to know what should be done about law schools. This is a time to keep it simple, stupid: change EVERYTHING! [National Law Journal] * The New York Court of Appeals invoked the Major Disaster Rule for the first time ever, allowing out-of-state attorneys to perform pro bono services for Hurricane Sandy victims. [Thomson Reuters News & Insight] * William Adams, the Texas family court judge who got caught beating his daughter, returned to the bench yesterday after a year-long suspension. At least he won’t get physical abuse cases, anymore. [Fox News] * John Coffey, Senior Status Judge of the Court of Appeals for the Seventh Circuit, RIP. [Journal Sentinel]

By Staci Zaretsky
Attorney Misconduct

Morning Docket: 11.14.12

* “[T]here is only so far you can go when representing clients.” David Tamman, the ex-Nixon Peabody partner who was “thrown under the bus” by the firm, was found guilty of helping a client cover up a $20M Ponzi scheme. [Thomson Reuters News & Insight] * You surely must remember former UT Law dean Larry Sager and his controversial $500K forgivable loan. Well, as it turns out, the school is now condemning the practice as inappropriate, and calling for its permanent suspension. [Texas Tribune] * Someone finally sued a power company over its horrendous response to Hurricane Sandy. Long Island Power Authority should’ve seen this lawsuit coming, but was woefully unprepared. Figures. [Bloomberg] * I can haz copyright infringement? Internet memes are all the rage — we even had our own contest — but you may find yourself wading into dangerous intellectual property waters with improper use. [Corporate Counsel] * Papa John’s is facing a $250M class-action lawsuit for spamming its customers with text messages advertising deals. With share prices dropping, it must suck to be Peyton Manning right now. [CNNMoney]

By Staci Zaretsky
1st Circuit

Morning Docket: 11.13.12

* Deep in the heart of Texas, plans are in the works for the state’s secession from the nation via online petition. The most likely White House response? Probably something like this: “HAHAHAHAHAHA!” [Hillicon Valley / The Hill] * Paula Broadwell, better known as ex-CIA director David Petraeus’s side piece, has officially lawyered up. This guy had better watch out, because he kind of looks a little bit like her former flame. [Washington Post] * And then they came for the Steves, but there was no one left to speak for them. The day of reckoning has finally come for the men who are being blamed for cooking Dewey’s LeBoeuf. [Thomson Reuters News & Insight] * Law firms in Manhattan are still recovering from Hurricane Sandy. Not for nothing, but all of the staff members at WilmerHale who were tasked with getting rid of all of the rotten food in the firm’s cafeteria should get a double bonus. Just saying. [WSJ Law Blog] * Good news, underemployed law school graduates baristas! The First Circuit just affirmed your $14.1M tip-sharing judgment. Maybe now they’ll be able to afford the Starbucks diet. [National Law Journal] * “This lawsuit is a massive fraud on the federal courts and defendants. It has now descended into farce.” Facebook is yet again seeking dismissal of Paul Ceglia’s ownership claims. [Threat Level / Wired] * There may be five deciding factors when it comes to law school admissions, but serious candidates should focus on the two most important ones: LSAT and GPA. [Law School Admissions Lowdown / U.S. News]

By Staci Zaretsky
Biglaw

Morning Docket: 11.12.12

* With Eric Holder questioning his job, and Deval Patrick dining at the White House, perhaps we’ll see our second black attorney general. Or not, because one of the Governor’s aides says he’ll continue his reign as a Masshole. [Washington Times; Buzzfeed] * When it came to sanctions for discovery violations in the Apple v. Samsung case, this judge was all about pinching pennies. Last week, both Quinn Emanuel and MoFo got taken to task over their apparently “sloppy billing practices.” [The Recorder] * What’s the most inappropriate thing for a federal judge to say to jurors when delivering the news that a defendant of Asian descent killed herself after testifying? “Sayonara.” Ugh. [Careerist via New York Times] * “Law school is very unforgiving, but classes must go on.” Law schools in the New York metropolitan area are still trying to make sure their students are safe and sound -- and studying, of course. [New York Law Journal] * Another one bites the dust: Team Strauss/Anziska’s lawsuit against John Marshall Law School over its allegedly phony post-graduate employment statistics has been dismissed with prejudice. [Chicago Tribune] * Are you ready for some litigation? Lawyers for Nick Saban’s daughter are showing the sorority girl who sued her what it’s like to get rolled by the Alabama tide in a flurry of more than 40 subpoenas. [Times Leader]

By Staci Zaretsky
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By Charles River Associates (CRA)
Barack Obama

Morning Docket: 11.07.12

* “We know in our hearts that for the United States of America, the best is yet to come.” Barack Obama was re-elected as president. Bring on the hope and change! No, seriously. [New York Times] * In news that shouldn’t come as a surprise, regardless of who won the presidential race, there are still post-election voting issues that will likely be resolved in the courts. [Blog of Legal Times] * But what we really want to know is who will be our country’s next attorney general. Because if anyone can fill Eric Holder’s shoes, it’s Preet Bharara, the U.S. attorney for the S.D.N.Y. [WSJ Law Blog] * In other important news, several states approved gay marriage ballot initiatives, and others legalized marijuana. But hopefully you don't have a case of the munchies yet, because federal law still says it's illegal. [CNN] * They helped American citizens “ba-rock” the vote: hundreds of law students from around the country rallied around the craziness of Election Day to volunteer their assistance to worthy causes. [National Law Journal] * Biglaw firms in NYC are still reeling after Hurricane Sandy. While WilmerHale set up temporary offices last week, both SullCrom and Fried Frank could be out of commission for weeks. [Reuters; New York Times] * At this point, in-house counsel are kind of like the McKayla Maroneys of the legal profession, because they are seriously unimpressed with outside counsel’s efforts to improve services and fees. [Corporate Counsel] * Judge Theodore Jones, associate judge of the New York Court of Appeals, RIP. [New York Law Journal]

By Staci Zaretsky
American Bar Association / ABA

Non-Sequiturs: 11.05.12

* Stop drinking the FCPA Kool-Aid. Kool-Aid doesn’t even taste good anyway. Unless you add booze. But I digress. [FCPA Professor] * Is it illegal to lie on Twitter? Some thoughts from Professor Eugene Volokh. [Volokh Conspiracy] * So you wanna get published in a law review, huh? Well, check this out, young padawan. [Prawfsblog] * Who are the top employment lawyers in America? [eBossWatch] * The ABA and New York Law School are butting heads on how to deal with time lost due to Sandy. [Legal As She Is Spoke via Constitutional Daily] * Lat is giving a talk at Vanderbilt Law School tomorrow. It’s open to the public and free, just like the pizza (but if you take the pizza, you have to stay for the event). [Vanderbilt Law School]

By Christopher Danzig