Tenth Circuit

Morning Docket

Morning Docket: 04.12.16

* Howrey doing with all those profit clawbacks for unfinished business? The bankruptcy trustee for this defunct firm filed an appeal with the Ninth Circuit to determine whether his method of collecting cash for the insolvent firm's estate was legal, and in an amicus brief, the ABA has sided with the law firms being bilked for funds, saying such efforts must be nixed. [ABA Journal] * The Tenth Circuit dismissed a challenge to Utah's ban on polygamy that was brought by TLC's "Sister Wives" family, saying they didn't have standing to sue as they were no longer subject to a credible threat of prosecution. This will probably add fuel to the rumors that the show is on the verge of cancellation before Season 7. [WSJ Law Blog] * The SEC has charged Texas Attorney General Ken Paxton in connection to a stock scam involving tech company Servergy. Paxton allegedly assisted the company with raising investor funds, but never disclosed his commissions. With three pending criminal indictments and a bar complaint, this guy is batting 1000. [Dallas Morning News] * Reclaim Harvard Law protestors who have been occupying the school's student center claim that they found a voice-activated recording device in "Belinda Hall," and have interpreted this as an "intentional effort to surveil [their] movement." If your goal was to get people to listen to your message, consider this an achievement unlocked. [Observer] * If you're uncertain about your law school decision, you can certainly put down multiple seat deposits, but we're not sure why you would want to. By all means, start your legal education by putting yourself into debt -- you'll be off to a great start for the six figures of loans you'll have accumulated by graduation. [Law Admissions Lowdown / U.S. News]

By Staci Zaretsky
Morning Docket

Morning Docket: 01.15.15

* From Biglaw to big fields: This Duane Morris attorney decided to put her legal career out to pasture so she could hop on a tractor and become a farmer -- and not just any farmer, but an organic farmer. Oooh, how artisanal! [Am Law Daily] * Seventy percent of people who make $150K+ get the raises they ask for, and people with law degrees get raises more often than any other degree holders. Walk up to your law firm's managing partner and demand a raise. We dare you. [U.S. News] * The Tenth Circuit affirmed the dismissal of a suit filed by a former Kansas Law student who claimed he was wrongfully expelled. Apparently he forgot to disclose his criminal past, and when the school found out, he got the boot. [National Law Journal] * The William Mitchell College of Law welcomed its first class of "hybrid" online students this week. Law school may have lost its flair, but 85 crazy kids ranging in age from their 20s to their 60s jumped at the chance to learn law online. [Star Tribune] * Marvel trotted out a familiar law firm plaque to gin up excitement for the premiere of Daredevil, which will be out on Netflix come April. Comic book nerds, rejoice, for Nelson and Murdock will soon be open for business and gracing your screens. [/Film]

By Staci Zaretsky
10th Circuit

Morning Docket: 08.07.14

* Let’s get ready to rumble! Not wanting to be left out of the party, Oklahoma has also asked the Supreme Court to take a look at its same-sex marriage statute which was recently slapped down by the Tenth Circuit. [National Law Journal] * Dewey know what financial restructuring adviser Joff Mitchell of Zolfo Cooper said to this failing firm’s partners right before it flopped for good? “Look, there is no way here to save this firm.” Ouch. That had to have sucked. [Forbes] * The examiner who was appointed to monitor law firm billing for the City of Detroit’s bankruptcy is now questioning Dentons’ fees of up to $27K per month to talk to the press. Whoa there… [Detroit Free Press] * Working Mother and Flex-Time Lawyers have released the latest ranking of the Top 50 Law Firms for Women. Vivia Chen feels “a bit dirty” after reading the list — and you probably should, too. [The Careerist] * Leisure Suit Larry’s successors are here to stay for a while: Case Western Reserve Law’s co-interim deans will stay on in their current positions for the upcoming school year. [Crain's Cleveland Business]

By Staci Zaretsky
10th Circuit

Morning Docket: 07.10.14

* Utah is appealing its gay marriage case directly to the Supreme Court, presumably because the state’s attorney general doesn’t even want to bother with an en banc hearing before the Tenth Circuit. This should be good. [Salt Lake Tribune] * Perkins Coie recently appointed its first ever Washington, D.C.-based managing partner in its 102-year history. Congrats to John Devaney, who will lead a “true national firm” beginning in January 2015. [Capital Business / Washington Post] * When your career goes awry in Biglaw through no one’s fault but your own, you can end up living your life in shame or in jail. We’re going venture a guess and say the former is nicer than the latter. [Am Law Daily] * How can law school graduates obtain law work experience? Simple. Get on your knees and learn how to please. Just kidding. Take some advice from this “poorly written” article instead. [CollegeRecruiter.com] * Everything about Lacey Jonas from Grand Theft Auto V is so Lindsay Lohan-esque that she should totally win her lawsuit. Just take it from someone who’s “no legal expert, but know[s] [her] tabloid stars.” [TIME] * Need a break from bar exam studying? Searching for something to do as a summer associate? Are you an attorney in need of fun? Come to tonight’s trivia event! All are welcome, sign up here. [Above the Law]

By Staci Zaretsky
10th Circuit

Morning Docket: 06.26.14

* In case you missed this piece of news amid yesterday’s Supreme Court madness, the Tenth Circuit found Utah’s ban on gay marriage unconstitutional. It’s the first federal appeals court to make such a ruling. Hooray! [New York Times] * “Just about everyone he came in contact with, he managed to corrupt.” Paul Daugerdas, formerly of Jenkins & Gilchrist, was sentenced to 15 years for his role in an $8B fraud scheme. [Businessweek] * Despite what you may have been led to believe, not all patent awards are as high as those you see in media headlines. Fewer than 2% of infringement cases even result in damages. [National Law Journal] * When is it okay to turn down a Biglaw offer and head to a plaintiffs firm? Probably when you’re planning to file a massive class-action suit against the MLB on behalf of minor leaguers. [St. Louis Post-Dispatch] * William Mitchell Law’s new J.D. program is the first of its kind to be approved by the ABA. It’s half online, half on-site (does 9 times count as half?), and we see more like this coming down the line. [U.S. News]

By Staci Zaretsky
10th Circuit

Morning Docket: 04.11.14

* A three-judge panel of the Tenth Circuit seemed a bit torn as to the constitutionality of Utah’s same-sex marriage ban during oral arguments yesterday. This one could be a contender to go all the way to the Supremes. [New York Times] * Another concussion lawsuit has been filed against the National Hockey League by a group of former players, this time alleging a culture of “extreme violence.” The pleadings are a bit… odd. We’ll have more on this later today. [Bloomberg] * “We’re not going back to 2006 anytime soon,” says NALP executive director Jim Leipold. The legal sector lost lots of jobs in the recession, and they’re not likely to come back. Happy Friday! [National Law Journal] * It’s never too soon to start writing your law school application essay. Please try not to bore the admissions officers — make sure you have a “compelling” topic. [Law Admissions Lowdown / U.S. News] * Katherine Heigl (remember her?) probably needed some cash, so she filed a $6M lawsuit against Duane Reade for posting a picture of her carrying one of the drugstore’s bags on Twitter. [Hollywood Reporter]

By Staci Zaretsky
10th Circuit

Morning Docket: 03.07.14

* Dewey know which D&L defendants did the perp walk of shame before their arraignment yesterday? Three of the ex-executives! Even Steve Davis, who quit his job as in-house counsel to Ras al Ghul Khaimah of the UAE last week. [Am Law Daily] * It’s about half and half when it comes to states that have filed briefs with the Tenth Circuit in support of or against the rulings striking down gay marriage bans in Utah and Oklahoma. Sadly, not everyone can be as fabulous as we’d like. [National Law Journal] * Abortion clinics are closing their doors in Texas thanks to new legislation, and the total number of clinics in the state come September will be six. Let the Mexican medical tourism commence. [New York Times] * Illegal immigrants can’t practice law in Florida, says the state’s Supreme Court, but they can in California. Good thing there’s eleventy billion law schools there to accommodate them. [Miami Herald] * Webster Lucas, the fellow suing McDonald’s over an alleged race-based napkin denial that’s since prevented him from working, has sued fast food joints before. He’s a “vexatious litigant.” [NBC Los Angeles]

By Staci Zaretsky
10th Circuit

Morning Docket: 02.04.14

* There will be filibusters: Victoria Nourse, a Georgetown Law professor whose nomination to the Seventh Circuit was blocked, thinks the political move will remain intact for future SCOTUS nominees. [Legal Times] * The Tenth Circuit politely pwned Roberta Kaplan. Her bid to intervene in the Utah same-sex marriage case before the court was rejected. Guess she’ll have settle for writing an amicus brief. [Salt Lake Tribune] * Are laterals killing your firm? It happened to Dewey, and it could happen to you. Only you can prevent lateral fires. Take the pledge and show your commitment to lateral fire prevention. [American Lawyer] * Lawyers are worried about what’s been going down at the storied Canadian firm of Heenan Blaikie. A third of its partners did the dip over the weekend amid financial troubles. Sounds familiar… [Ottawa Citizen] * Women are slowly but surely working to close the gender gap in the law — well, at least they are in South Florida. It seems to be working, though, so feel free to follow their lead. [Daily Business Review] * “Just because you can’t make the world a perfectly fair place doesn’t mean you can’t make it fairer.” If you really liked socialized health care, then you’re going to absolutely love socialized law. [New Republic] * If your LSAT score is in the 160 range and you’re writing to an advice columnist to figure out what to do next, then you are the most special of all the little snowflakes. [Law Admissions Lowdown / U.S. News]

By Staci Zaretsky
10th Circuit

Morning Docket: 02.03.14

* The U.S. government has decreased funding to outside counsel for the third year in a row, leaving most Biglaw firms high and dry — except for Curtis Mallet-Prevost. Spend that $8.7M in contract cash wisely. [National Law Journal] * Roberta Kaplan, the lawyer who brought DOMA down to its knees, is repping clients who want to intervene in the gay marriage case before the Tenth Circuit. Looks like somebody wants to be 2013 and 2014 Lawyer of the Year. [BuzzFeed] * A judge has granted class action status in the suit challenging Virginia’s ban on same-sex marriage. Let’s see if David Boies and Ted Olson can take another case to the Supreme Court and win. [Reuters] * If you’ve been wondering why David Wildstein picked the Friday before the Super Bowl to stab Governor Chris Christie in the back, Lat thinks it might have been “some kind of act of revenge.” [Bergen Record] * No acquittals this time: George Zimmerman is planning to enter the wonderful world of “celebrity” boxing. He’s set to enter the ring on March 1, and is more than likely to get his ass kicked. [Chicago Tribune]

By Staci Zaretsky
10th Circuit

Morning Docket: 01.29.14

* Which Supreme Court justices missed out on the State of the Union address last night? Three of the usual suspects (Scalia, Thomas, and Alito), plus Justice Sonia Sotomayor. RBG was there most of the time, except for nap time. [Legal Times] * You’re doin’ fine, Oklahoma! Oklahoma O.K.! The Tenth Circuit announced it’s going to fast-track Oklahoma’s same-sex marriage appeal, and it’ll be heard by the same panel of judges presiding over a very similar appeal from Utah. [News OK] * The American Legal Institute just named Ricky Revesz, the former dean of NYU Law School, as its new director. He’ll be “clarifying, modernizing and improving the law,” just like he kind of / sort of did with NYU’s 3L curriculum, but not really. [National Law Journal] * Law students, say hello to the Immigrant Justice Corps, a job opportunity brought to you by Chief Justice Robert Katzmann of the Second Circuit. Hey, the pay is pretty decent for public interest. [New York Times] * The results of the latest Law School Survey of Student Engagement reveal to us 1Ls are morons. Seventy percent of them are thrilled with career services, but only 45% of 3Ls feel the same way. [WSJ Law Blog] * She’s no George Zimmerman: Jodi Arias has a racked up a legal tab of more than $2 million, but because her artwork isn’t as hot as she is, the bill will be footed by Arizona taxpayers. [Associated Press]

By Staci Zaretsky
10th Circuit

Morning Docket: 12.31.13

* Barack Obama is trailing George W. Bush when it comes to leaving his mark on the federal courts, but that’s probably because Senate Democrats didn’t go nuclear quickly enough. [Blog of Legal Times] * When it comes to 2013, one thing’s for sure: it wasn’t boring. Many of this year’s movers and shakers hailed from top Am Law 100 law firms — like Ted Cruz (formerly of Morgan Lewis). [American Lawyer] * John Ray III isn’t going to sit back and allow a jury to shut down his discrimination and retaliation case against Ropes & Gray. He filed a notice of appeal last week, and he’s pissed off. [National Law Journal] * Utah has until the end of January to figure out how it’s going to go about defending its same-sex marriage ban before the Tenth Circuit. Just a thought: the “it's still gay, even if the balls don’t touch” theory of law isn’t going to cut it. [Deseret News] * A lawyer for the Texas judge accused of strangling his girlfriend is offering media outlets a superb defense story on behalf of his client. He wasn’t trying to kill her, he was trying to save her! [New York Daily News] * Here’s some advice on how to submit your law school application on time. If you don’t know how to meet a deadline, you’re going to make a great lawyer. [Law Admissions Lowdown / U.S. News & World Report]

By Staci Zaretsky
10th Circuit

Morning Docket: 12.26.13

* The Tenth Circuit will not be blocking same-sex marriages from occurring in Utah, so the next stop will be Supreme Court intervention. Sorry, but we have a feeling that Justice Sonia Sotomayor isn’t going to be too helpful with that. [MSNBC] * Winston & Strawn, if you’re overbilling on pro bono motions and you want fees, you might want to be more descriptive. Please tell this judge what “preparation for filing” even means, and why you spent more than four hours doing it. [New York Law Journal] * This judge felt she was “being played with,” so she took a man’s kid away from him during Christmas. Now a judicial ethics commission is showing her that it’s not one to be played with. [Texas Lawyer] * Yay, happy news! Chapman Law’s associate dean for student affairs really takes her job responsibilities to heart. She’s performed several wedding ceremonies for both students and alumni. [National Law Journal] * The Indian diplomat who got strip-searched was arrested over a silly mistake, says her lawyer. It’s too bad that a lack of reading comprehension can result in having to bend over and spread ‘em. [Bloomberg]

By Staci Zaretsky
10th Circuit

Morning Docket: 02.26.13

* Our own Elie Mystal isn’t the only one who’s capable of fanning the flames of race baiting — it seems that Supreme Court justices can do it, too! We’ll probably have more on Justice Sonia Sotomayor’s benchslap later today. [The Two-Way / NPR] * Patience is obviously one of this judge’s virtues, because this took a looooong time. After waiting more than a year for people to put their petty political pandering aside, the Senate confirmed Robert Bacharach to the Tenth Circuit. [Blog of Legal Times] * Mary Jo White, the nominee to lead the SEC, will probably face her confirmation hearing in March. Her legal wranglings at Debevoise may be of interest to some, but really, who cares? She’s so cute and tiny! [Reuters] * Mayer Brown and the terrible, horrible, no good, very bad year: gross revenue is up overall at most Biglaw firms, but not this one. In 2012, Mayer Brown’s revenue dipped 3.7 percent for a six-year low. [Am Law Daily] * Kirkland & Ellis, now the fifth-largest Biglaw firm in the nation, is leading the market in terms of top dollar merger-and-acquisition deals. Now, if only the firm could get some bananas. [Crain's Chicago Business] * Orderly liquidation authority may be a legitimate exercise of power under the Bankruptcy Clause, but as far as these states are concerned, it’s just another reason to hate the Dodd-Frank Act. [DealBook / New York Times] * Remember Peggy Ableman, the judge who ordered lawyers to attend a course on remedial civility in their “jammies”? She’s now at McCarter & English, so mind your manners. [Thomson Reuters News & Insight] * An “astronomically stupid” legal loophole? Unpossible! Gun trusts are seeing the limelight because Chris Dorner claims he used one to purchase his paraphernalia without a background check. [New York Times]

By Staci Zaretsky