Sixth Circuit

Morning Docket

Morning Docket: 11.03.17

* 41 Cat Pictures That Prove Beyond All Doubt That Being BuzzFeed's GC Is Freaking Awesome. [Big Law Business] * Jeffrey Wertkin, the ex-Akin Gump partner accused of trying to sell whistleblower complaints while in disguise, plans to plead guilty later this month. As he said upon arrest, maybe his life really is over... [The Recorder] * Professor Stephanos Bibas of Penn Law was confirmed to the Third Circuit by the Senate in a 53-43 vote. According to the law school's dean, Bibas “possesses all the skills to excel on the federal bench." Congratulations! [Philadelphia Inquirer] * Justice Joan Larsen of the Michigan Supreme Court was confirmed to the Sixth Circuit by the Senate in a 60-38 vote. If you recall, Larsen was on the original version of President Trump's Supreme Court shortlist, and was one of his top five finalists for Justice Neil Gorsuch's position. Congratulations! [Detroit Free Press] * Cozen O'Connor’s lobbying affiliate, Cozen O’Connor Public Strategies, poached a five-lawyer team of lobbyists from Manatt, and now Manatt no longer has a lobbying practice. [New York Law Journal]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 08.16.17

* Not wasting any time: Judge Amul Thapar, recently confirmed to the Sixth Circuit, authors his first published opinion as a member of that court. [How Appealing] * "Can private employers fire employees for going to a white supremacist rally?" It depends, as Eugene Volokh explains. [Volokh Conspiracy / Washington Post] * Joel Cohen explores special counsel Robert Mueller's decision to impanel a grand jury in D.C. [Huffington Post] * Neha Sampat identifies three ways to hire resilient lawyers -- and the benefits to diversity of focusing on resilience. [Law Practice Today] * Adam Feldman looks at which lower-court judges see their dissents most often vindicated at the Supreme Court. [Empirical SCOTUS] * Gerard Magliocca raises some interesting issues about possible ratification of the Equal Rights Amendment (ERA). [Concurring Opinions]

By David Lat
Morning Docket

Morning Docket: 07.21.17

* Congratulations to John K. Bush, who won confirmation to the Sixth Circuit despite his controversial undercover blogging. [How Appealing] * Team Trump is digging into the backgrounds of special counsel Robert Mueller's all-star team of attorneys, looking for discrediting dirt. [New York Times] * DLA Piper swallows up Liner LLP, a California-based boutique with 60 lawyers -- so, DLA's idea of breakfast. [Law.com] * Justice Alito defends his tenure on the Supreme Court cafeteria committee (in this hilarious piece by Jess Bravin). [Wall Street Journal via How Appealing] * Ex-Dentons associate Michael Potere, represented by a public defender, pleads not guilty to charges that he tried to extort his former firm. [Law360] * Is the relationship of President Trump and Attorney General Jeff Sessions damaged beyond repair? [New York Times] * Is Charles Miller's move to Tarter Krinsky & Drogin the beginning of a partner exodus from Kasowitz Benson -- one possibly driven by the debacle of the Donald Trump representation? [New York Law Journal] * Texas Southern University's Thurgood Marshall School of Law gets censured by the ABA in the wake of sex-discrimination allegations. [ABA Journal]

By David Lat
Morning Docket

Morning Docket: 07.14.17

* The Second Circuit vacates the corruption convictions of former New York Assembly Speaker Sheldon Silver. Congratulations to his counsel, the high-powered litigation boutique of MoloLamken (which handled the appeal as well as the trial). [How Appealing] * And congrats to federal judicial nominees John K. Bush (Sixth Circuit) and Kevin Newsom (Eleventh Circuit), who just got voted out of the Senate Judiciary Committee. [Washington Examiner] * In other nomination news, the White House seems to be taking its time in announcing a Ninth Circuit nominee from Oregon. Delay may strengthen the case for frontrunner Ryan Bounds; his main competition, Chief Judge Michael Mosman, gets older by the day (turning 61 later this year). [Portland Tribune] * Meet Michael Murray, an ex-SCOTUS clerk and Jones Day alum, who is the Justice Department's new point person on pot. (Fun fact: Kevin Newsom, Ryan Bounds, and Michael Murray all clerked for my former boss, Judge Diarmuid F. O'Scannlain of the Ninth Circuit.) [U.S. News] * Former Ropes & Gray COO Hugh A. Simons wonders: "Are Law Firms Too Sophisticated for Their Own Good?" [Am Law Daily] * Will law school applications see a "Trump Bump," as idealistic aspiring attorneys seek law degrees to join the resistance? We might have more on this later. [Law.com] * Yes, lawyers should stand up for their beliefs -- but they also can (and must) understand the arguments on the other side, as new Yale Law dean Heather Gerken explains. [Time] * The Ninth Circuit has ruled in the Case of the Tweeting Judge. We might have more on this later as well. [How Appealing] * Congratulations to Stephen Kane, an alum of O'Melveny & Myers and Lex Machina, on securing $1.8 million in funding for his FairClaims startup -- which he describes as "a virtual Judge Judy." [TechCrunch]

By David Lat
Morning Docket

Morning Docket: 05.26.17

* The Russia investigation now turns to President Donald Trump's son-in-law, Jared Kushner -- proud holder of a law degree from NYU (and a really great set of abs). [Washington Post] * Former Senator Joseph Lieberman (D-CT), currently senior counsel at Kasowitz Benson, has withdrawn from consideration as FBI Director (as my colleague Staci Zaretsky predicted, after Marc Kasowitz got hired by President Trump to represent him in the Russia probe). [New York Times] * Congratulations to Judge Amul Thapar, President Trump's first lower-court nominee, on his confirmation to the Sixth Circuit -- although it's disappointing that no Democrats voted in favor of this eminently qualified (and diverse) candidate. [How Appealing] * Despite allegedly roughing up a reporter (for which he's apologized), Republican Greg Gianforte won the race for Montana's sole seat in the House of Representatives (as my colleague Joe Patrice predicted he would). [New York Times] * How did Michelle Obama react when Barack Obama declined to pursue a coveted Supreme Court clerkship? Tony Mauro tells the tale. [Law.com] * The ABA continues to fight the good (or not so good?) fight in defense of the Public Service Loan Forgiveness (PSLF) program. [ABA Journal] * It seems that some folks on Capitol Hill like my proposed solution to the use of "blue slips" in the judicial confirmation process. [Washington Post via How Appealing] * The Brooklyn District Attorney's office concludes that a slew of murder convictions based on dubious evidence from embattled detective Louis Scarcella must be thrown out -- and yet Scarcella engaged in no wrongdoing. [New York Times] * Biglaw firms are suffering from an oversupply of lawyers, and a quarter of respondents to a recent survey said their associates don't have enough work -- which might explain why at least one firm has turned to laying off first-year associates. Yikes. [ABA Journal]

By David Lat
Morning Docket

Morning Docket: 05.19.17

* Remember when Judge Nicholas Garaufis (E.D.N.Y.) flipped out at Kirkland & Ellis for not sending a partner to cover a status hearing? It seems K&E and its client Facebook's groveling won over the judge: cases dismissed. [ABA Journal] * A big settlement in the Takata air bags litigation -- and presumably big legal fees for some of the firms involved. [National Law Journal] * Congratulations to Judge Amul Thapar (E.D. Ky.) on clearing the Senate Judiciary Committee; he should hopefully be on the Sixth Circuit soon. [Washington Times] * Congratulations to Rachel Brand on her confirmation as associate attorney general -- although it's unfortunate that more Democrats didn't cross the aisle to support her. [Law360] * And be careful what you wish for, Democrats: now that we have Robert Mueller as special counsel, congressional inquiries into Trump/Russia-related matters could stall. [Washington Post] * Speaking of Russia probes, should President Donald Trump hire outside counsel to represent him? да, да. [New York Times] * A closer look at prominent lawyer John K. Bush, nominated by President Trump to the Sixth Circuit. [Vetting Room via How Appealing] * Does size matter? Yes -- at least in this murder case where the defendant is invoking a "big penis" defense. [New York Post]

By David Lat