Second Circuit

President Who Governs By Tweet Can No Longer Block Critics On Twitter

Retweet. Sorry, @realDonaldTrump.

Injunction’s Gone: Lynyrd Skynyrd Film Gets Second Circuit Greenlight Despite Blood Oath

The film is now free as a bird and will be released for public consumption shortly.

Morning Docket: 06.06.18

* Simpson Thacher isn't increasing associate salaries to the $190K scale (yet), but it is partnering with Columbia Business School to launch a new associate training program. We bet your incoming associates are "STBReady" ... for higher salaries. Click here to see all the firms that have raised salaries thus far . [New York Law Journal] * President Trump is appealing the decision that says he can't block people on Twitter based on their political views to the Second Circuit (because of course he is). He already had to unblock the seven plaintiffs in the case, and he likely wasn't very happy about it because of glorious follow-up tweets like this. [BuzzFeed] * After reportedly being rejected by several candidates for the associate attorney general position -- one that would oversee the Mueller investigation if Rod Rosenstein were to suddenly depart -- the Trump Administration is giving up on trying to fill the job for the moment, and focusing on other vacancies. [Wall Street Journal] * In the wake of allegations of sexual harassment against former Ninth Circuit Judge Alex Kozinski, the federal judiciary's working group on sexual harassment has released 24 recommendations, specifying three areas that need change to make circuit courts an "exemplary workplace." [Big Law Business] * The American Bar Association wants out of this whistleblower suit, ASAP. ABA officials claim that former Charlotte Law professor Barbara Bernier only added the law school regulatory group to her suit against the defunct law school and its owner, InfiLaw, as a "last-ditch effort" to keep her action kicking in court. [Law.com]

More Judicial Nominations From President Trump — And More Judicial Emergencies

April brought not one but two waves of new nominees from the White House.

The Eyes Have Had It: How The Second Circuit Addressed Its Copyright Fair Use Problem

Is transformative use really fair use under the Copyright Act?

Morning Docket: 03.12.18

* President Trump's personal lawyer, Michael Cohen, claims that he used his home equity line to pay off Stormy Daniels out of the goodness of his heart, and while people have been focusing on the fact that he may have violated campaign finance laws, not many have mentioned that he likely violated New York's ethics rules, would could get him disbarred. [Slate] * Remember the time that Judge Katherine Forrest ruined the internet with a single ruling? Several media outlets are preparing to appeal to the Second Circuit, saying the copyright decision could change the internet as we know it. [Big Law Business] * Dean Andrea Lyon of Valparaiso Law -- the school that's not closing, per se, but will stop accepting students and is hoping to merge with another school or move locations -- will be resigning on June 1. No one knows what will happen to the school, and soon there won't even be a dean. These poor students... [Indianapolis Business Journal] * Justice Ruth Bader Ginsburg is a foodie, and in honor of her upcoming birthday -- and because "[s]he eats real food and plenty of it" -- here are a few of the Notorious One's favorite places to dine in her hometown of New York City. [am New York] * The February bar exam has come and gone, and with it, hundreds of jobs across the entire legal services industry. According to the latest report from the Bureau of Labor Statistics, 200 fewer people were employed in the legal sector last month than in January. Hopefully things improve before graduation. [American Lawyer] * "Katy Perry represents everything we don't believe in. It would be a sin to sell to her." Sister Catherine Rose Holzman, 89, who had been locked in litigation with the singer and the archdioces for several years over the sale of her former convent, collapsed and died in court on Friday during a post-judgment hearing. [NPR]

Fast Times At 40 Foley: Second Circuit Drama In Zarda v. Altitude Express

This history-making case generated a slew of interesting, funny, and even snarky opinions.

AG Jeff Sessions Thinks Circuit Judges Must’ve Read The Failing Newspaper Of Record Before Reversing Themselves

Or, they decided that the standing precedent was incorrect.

Second Circuit Says Sexual Orientation Is Protected Under Title VII

With a broader circuit split, this case will almost certainly give the high court another opportunity to resolve the issue.

Case Closed: Judge Kozinski’s Retirement Stops Inquiry Into His Behavior

We may never know the full extent of what went on in the judge's chambers.

The Latest And Greatest In President Trump’s Judicial Nominations (Part 1)

Here's a rundown of where things stand, including district as well as circuit courts.

Morning Docket: 12.18.17

* President Donald Trump claims he has no plans to fire special counsel Robert Mueller -- which, according to past precedent in the Trump administration, means Mueller's days as special counsel may be numbered. [Washington Post] * By order of Supreme Court Chief Justice John Roberts, the Second Circuit will be handling the formal inquiry into Ninth Circuit Judge Alex Kozinski's alleged harassment of women who once served as his clerks and externs. [The Recorder] * Like father-in-law, like son-in-law: a law firm is suing Jared Kushner's real estate company for failure to pay any of its legal fees for work performed from December 2014 to May 2015. [New York Daily News] * Uh oh... In other Kushner-related news, word on the street that's since been confirmed by Abbe Lowell is that the first son-in-law's legal team is trying to find a crisis public relations firm to handle inquiries into their client's role in the Trump-Russia investigation. [Washington Post] * According to recently released Standard 509 reports, law school enrollment was essentially flat between 2016 and 2017, with a negligible 0.7 percent decrease in law students. What's more interesting is the fact that for the first time ever, law schools’ bar passage rates weren't included in the reports. That information will be out next March, when it's less helpful for prospective students. [ABA Journal]

Chief Justice Roberts Is Impressed That He Doesn’t Scare Law Students

Would you be nervous if you had to deliver an argument before the Supreme Court's chief justice?

Morning Docket: 08.24.17

* Appellate court rules that Facebook friends aren't necessarily "friends." If they're in your Top 8 on MySpace on the other hand.... [Law.com] * Guy drove a car into a crowd holding vigil over a trans woman killed by police. But, you know, there was violence on both sides... many sides. [Huffington Post] * Can this lawyer achieve Middle East peace? Nope. [NBC News] * Texas courts strike down the state's latest voter suppression effort. [Politico] * The CFPB goes easier on those that self-report. In a functioning justice and regulatory system that's true of every government agency, but these days that's newsworthy. [National Law Journal] * Partner pink slips abound in advance of Biglaw mergers. [Am Law Daily] * Second Circuit ends the Newman relationship test. New York defense lawyers respond with "What, me worry?" [Law360]

Federal Judicial Nominations: A Quick Recap

The August recess offers a good opportunity to evaluate the state of play in judicial nominations.