Sports

Morning Docket

Morning Docket: 04.23.19

* Government wants jurors told that prosecution entirely over the NCAA's rules and overarching structure isn't about the NCAA. [Law360] * Don McGahn joins the ranks of "people getting subpoeaned. [Washington Post] * Speaking of McGahn, he reportedly told people that as White House Counsel he represented "pictures on the wall" and not Trump. What's impressive about this story is this means Trump hasn't replaced the entire White House art collections with Jon McNaughton. [National Law Journal] * Chalking tires for parking enforcement declared unconstitutional. [NBC News] * Wilmer partner joins forces massing near Winterfell. [American Lawyer] * Bob Kraft has inspired other massage guests to sue authorities. Given recent revelations that this may not have been a human trafficking operation as the cops originally suggested, the moral high ground momentum is swinging to Kraft and the gang's side. [Courthouse News Service] * Iowa facing challenge of its comically bad "Ag-gag" law. [Minneapolis Star Tribune]

By Joe Patrice
Non-Sequiturs

Non Sequiturs: 04.14.19

* "How Tough-on-Crime Prosecutors Contribute to Mass Incarceration." My review of Emily Bazelon's new book, Charged: The New Movement to Transform American Prosecution and End Mass Incarceration (affiliate link). [New York Times Book Review] * When it comes to prosecutors, as former prosecutor Joel Cohen explains, it's all about discretion. [New York Law Journal] * Judge Nancy Gertner (Ret.) defends Suffolk District Attorney Rachael Rollins's exercise of her prosecutorial discretion -- and argues that Thomas Turco's criticisms of Rollins are unfair. [Boston Globe] * Another ex-prosecutor, Quinn Emanuel partner Alex Spiro, is representing tennis star Naomi Osaka in the "repugnant" lawsuit filed against her by her former coach. [Tennis365] * Former federal prosecutors, many of them now partners at Biglaw firms, represent more than half of the defense lawyers in Operation Varsity Blues, aka the college admissions scandal. [Big Law Business] * High-stakes litigation is just one of many factors contributing to Biglaw's robust profit margin these days -- hovering around 40 percent, its highest value in almost 30 years, according to Madhav Srinivasan of Hunton Andrews Kurth. [Law.com] * Ronald Collins interviews Joan Biskupic about her latest judicial biography, The Chief: The Life and Turbulent Times of Chief Justice John Roberts (affiliate link). [SCOTUSblog] * And speaking of SCOTUS, Will Baude believes that the death penalty "is justifiable and constitutional" -- but argues that the Court has not acquitted itself well in its recent handling of capital cases. [Volokh Conspiracy / Reason]

By David Lat
Morning Docket

Morning Docket: 02.12.19

* When trying to credibly disavow past comments making light of sexual assault victims, try to do it sometime before your entire career hinges on pantomiming remorse. [National Law Journal] * Steptoe the latest firm to unveil a new strategy to promote diversity. [American Lawyer] * In the latest ABC News "The Investigation" podcast, John Dowd describes the Mueller investigation that's tripped up 30+ actual and alleged wrongdoers "a terrible waste of time." [The Investigation] * EU has logged 59,000 data breaches since GDPR came online. So that's working out great. [Corporate Counsel] * Pierce Bainbridge continues its hiring spree, nabbing an IP litigation star from McKool. [The Recorder] * Soccer officials appeal red cards to Second Circuit. [Law360] * Trump commissions Cyberdyne Systems. [Courthouse News Service]

By Joe Patrice
Morning Docket

Morning Docket: 01.22.19

* In college hoops corruption trial, it seems the defense wants to confuse having a "reason" with having an "excuse." The judge is not here for it. [Law360] * On the same theme, here's an exploration of how billable hour pricing models encourage overbilling that doesn't confuse identifying the impetus of bad behavior with excusing it. [American Lawyer] * Dog Gone! DA drops animal cruelty charges in "authorities accuse lawyer of sex with dog" case, putting an end to the most bizarre of the charges. All the drug and firearm charges though... yeah, he had to plead guilty to those. But Snoopy's honor is restored. [Trib Live] * Google, a company worth billions, gets hit with $57 million GDPR fine, reinforcing that GDPR is a lot of useful bark but very little actual bite -- at least for now. [NY Times] * Legal Aid fighting back against law that lets private investors pay off people's minor tax bills and then seize their homes. [Omaha World-Herald] * Shutdown may start killing people directly -- federal worker needs her insurance back to live. [Courthouse News Service] * Ghost of former national Chief Justice upset according to psychic. [Legal Cheek]

By Joe Patrice
Morning Docket

Morning Docket: 12.18.18

* Michael Flynn's going in for sentencing today. My money is on him not throwing out the plea deal over materiality. [National Law Journal] * Meanwhile, some of his old cronies have been charged for acting as illegal agents of Turkey, which is not the cooperation that's getting the most attention, but it's the cooperation that probably has the most direct impact. [Courthouse News Service] * Judge makes deer poacher watch Bambi. I guess to understand what a wonderful and delightful journey he kicks off when he kills boring adult deer. [LegalCheek] * The top verdicts of the year. [Law360] * Howrey doing with that bankruptcy? [American Lawyer] * Client misconduct is an underappreciated source of sexual harassment. Women in firms feel greater pressure not to report harassment from clients fearing it could damage their careers. Firms often don't even consider the possibility that this is going on. [Corporate Counsel] * Closing arguments due in NCAA's right to profit off of its student ath-o-leets. [The Recorder]

By Joe Patrice
Non-Sequiturs

Non Sequiturs: 12.16.18

* In case you missed it (the news broke on Friday night), Judge Reed O’Connor (N.D. Tex.) held that the Affordable Care Act aka Obamacare is unconstitutional, in the wake of last year's tax reform that reduced the ACA's "shared responsibility payment" for lacking health-care coverage to zero. [MedCity News] * Josh Blackman agrees with Judge O'Connor the constitutionality of the individual mandate, but disagreed with his severability analysis. [Reason / Volokh Conspiracy] * Meanwhile, fellow Volokh Conspirator Samuel Bray is glad that the court didn't issue a national injunction. [Reason / Volokh Conspiracy] * Adam Feldman takes a closer look at the Federal Circuit's relationship to the Supreme Court -- including which members of the Federal Circuit are most frequently vindicated by SCOTUS. [Empirical SCOTUS] * Carrie Severino shares the disappointment of her former boss, Justice Thomas, in Chief Justice Roberts and Justice Kavanaugh voting against certiorari in Gee v. Planned Parenthood of Gulf Coast. [Bench Memos / National Review] * Eric Turkewitz calls out members of the media for misreporting on a routine trip-and-fall case because they don't like the plaintiff's famous father. [New York Personal Injury Law Blog] * Oakland is going on the offensive against the NFL, firing off a 49-page complaint signed by James Quinn of Berg & Androphy, among others. [The MMQB / Sports Illustrated] * Speaking of Berg & Androphy, name partner David Berg offers expert insights on what it takes to win as a trial lawyer. [YouTube]

By David Lat
Morning Docket

Morning Docket: 12.11.18

* Supreme Court rules pose obstacles to crowdfunded amici briefs. The Court's rules seek to limit influence purchased by shadowy, unknowable big donors. Let's see how the Citizens United faithful react when this problem comes knocking on their door. [National Law Journal] * Meng Wanzhou's lawyers looking to get their client out on bail as she awaits extradition to the United States on charges of being a convenient pawn in Trump's trade war. [NY Times] * Ropes & Gray hammers the nails into USA Gymnastics' well-deserved coffin. [American Lawyer] * Litigation finance is still establishing credibility among in-house counsel. [Corporate Counsel] * Vivia Chen interviews the four white men fighting affirmative action in colleges. [American Lawyer] * Arizona now owes millions in fees over its ill-conceived political stunt to deny drivers licenses to Dreamers. [Arizona Capitol Times] * You can secretly record government officials in Massachusetts now. Bill Belichick over here saying, "see, nobody complains when they do it." [Mass Live]

By Joe Patrice