Transgender Bathrooms

Morning Docket

Morning Docket: 09.26.16

* As you may have already seen, Republican presidential candidate Donald Trump released another list of his potential Supreme Court nominees ahead of tonight's debate. The list includes a Republican senator who has refused to endorse Trump (and has already turned down Trump's proposal), three non-white judges, and one female judge. [WSJ Washington Wire] * Speaking of the Supreme Court, the justices may be shorthanded and trying to avoid 4-4 deadlocks on controversial cases, but they'll soon decide whether they'll liven up this term's docket by agreeing to hear a major transgender rights case involving public school bathrooms. It could be one of the biggest case of the high court's 2016-17 term. [Reuters] * "[Twelve] students is not any kind of representation of our program." Indiana Tech Law's dean says the fact that only one of the school's graduates passed the bar isn't a realistic assessment of the quality of their education, and was unwilling to confirm the school's low pass rate since five graduates were appealing their results. [Indiana Lawyer] * The Department of Education will not suspend the American Bar Association from accrediting new law schools, despite a recommendation to do so from the National Advisory Committee on Institutional Quality and Integrity. We'd like to think that the ABA has learned its lesson, but perhaps that's a bit naive of us. [ABA Journal] * In anticipation of further fallout from its fake accounts scandal, Wells Fargo has hired Shearman & Sterling to advise the bank's board as to the legal ramifications of a possible clawback of pay from Chief Executive Officer John Stumpf, Chief Operating Officer Tim Sloan, and Carrie Tolstedt, the former head of community banking. [Bloomberg]

By Staci Zaretsky
Morning Docket

Morning Docket: 08.23.16

* We're very sorry about this, reporters, but Simpson Thacher & Bartlett partner Jeffrey E. Ostrow is not Ryan Lochte's lawyer. Stop contacting him seeking comments about Lochte's Olympic misdeeds. Get in touch with Jeffrey M. Ostrow of Kopelowitz Ostrow with your inquiries instead. [WSJ Law Blog] * Per a new report, President Enrique Peña Nieto of Mexico pulled off what Vice President Joe Biden did back in his law school days by allegedly plagiarizing about a third of his law school thesis, chalking it up to some "style errors." We'll have more on this later today. [New York Times] * Transgender children, teenagers, and young adults returning to school will have one more thing to be anxious about now that an Obama administration policy that would have allowed them to use the bathrooms and locker rooms of their choice has been blocked by a nationwide injunction. This issue may wind up before SCOTUS. [Reuters] * As it turns out, it's not just King & Wood Mallesons that's been holding off on paying profit distributions to partners. London-based Ashurst has also forced partners to wait to receive their quarterly due, citing a double-digit percentage drop in annual revenue and profits per equity partner careening to an 11-year low. Ouch! [Law.com] * Many first-year law students are kicking off their law school careers this week, and they seem to be very nervous. First things first: Calm down, and take a deep breath. Here are some tips and tricks to help you out as you try to adjust to your new lives in the hallowed halls of law schools across the country. :) [Law Admissions Lowdown / U.S. News]

By Staci Zaretsky
Non-Sequiturs

Non-Sequiturs: 08.03.16

* What, exactly, did it take for Donald Trump to evade avoid the draft? [PrawfsBlawg] * The Supreme Court just temporarily blocked a court order allowing a transgender teen to use the bathroom according to their identity. [CNN] * Just in time for your $180K scale... Eric Schneiderman loses a talking point, and New Yorkers can all go back to making a killing at DraftKings. [Associated Press] * FBI arrests DC law enforcement officer for helping ISIS. If he was as good a terrorist as DC is at policing, then maybe we should have left him out there. [ABC News] * The battle over tougher bar passage standards rages on. [WSJ Law Blog] * And the Tim Kaine love letter about law school. [ABA Journal] * A good website really is key to a thriving, modern law practice. [Reboot Your Law Practice] * The ten-year anniversary of the tragic murder of Robert Wone. [Who Killed Robert Wone?]

By Kathryn Rubino
Morning Docket

Morning Docket: 06.01.16

* The Justice Department is seeking a stay of Judge Andrew Hanen's benchslap and order of ethics training while it appeals the ruling -- a ruling the DOJ says could cost approximately $5 million to $8 million to comply with. [Texas Lawyer] * Cheryl D. Mills, chief of staff to Hillary Clinton at the State Department, wishes that the issue of Clinton's private email server "had been something we thought about." [New York Times] * Jim Lewis, counsel to Sigfredo Garcia, the man charged last week with the murder of Professor Dan Markel, maintains that Garcia had "had nothing to do with" the crime. [Tallahassee Democrat] * Former attorney general Eric Holder says NSA whistleblower Edward Snowden performed a "public service" by sparking a debate over government surveillance -- but still must pay a price for his illegal actions. [CNN] * The Fourth Circuit holds that the police don't need a warrant to obtain a person's cellphone location data. [How Appealing] * In other Fourth Circuit news, the court won't go en banc to rehear its prior ruling in favor of the Obama Administration's policy that transgender students are protected under existing civil rights law (aka the "transgender bathroom case"). [BuzzFeed via How Appealing] * Those unsealed Trump University documents we mentioned yesterday? They don't put the Donald in the best light. [New York Times] * And Donald Trump isn't getting much financial love from the legal community, as measured by campaign contributions (c'mon, Jones Day lawyers, help your client out). [American Lawyer] * Judge Joseph Portelli of New Jersey, recently reprimanded for alleged inappropriate comments to counsel, gets renominated to the bench. [ABA Journal] * Legal Eagle Wedding Watch: congratulations and best wishes to acclaimed novelist (and Dentons partner) Scott Turow and fellow lawyer Adriane Glazier -- who first met when he interviewed her years ago for a summer associate gig. [New York Times]

By David Lat
Morning Docket

Morning Docket: 05.26.16

* David Mourey, the former assistant dean for bar preparation and academic success at Barry Law, was fired after students continued to fail the bar exam, but in a recently filed gender discrimination and retaliation lawsuit, he claims he was discriminated against because he was "singled out for discipline by an all-female management team." We may have more on this later. [Orlando Sentinel] * Despite the wishes of the public and rumors of his firing in the face of the Baylor University coverup of reports of rape and sexual assault by football players, "Ken Starr is [still] president and chancellor of Baylor University." According to a university spokeswoman, the school has not yet finished reviewing Pepper Hamilton's report on the matter, but Baylor will likely make an announcement by June 3. [Associated Press] * "We are willing to fight this all the way to the Supreme Court if we have to." Eleven states have filed suit against the Obama Administration in an effort to get around its guidance on transgender rights for children in schools, calling the policy a "massive social experiment." The states suing are Alabama, Arizona, Georgia, Louisiana, Maine, Oklahoma, Tennessee, Texas, Utah, West Virginia, and Wisconsin. [Reuters] * Sumner Redstone turns 93 years old tomorrow, and he's been in and out of court for the past few months in a battle to prove he's mentally competent. The salacious case filed by his former female companion may have been dismissed, but now he's attempting to fend off claims from Viacom directors who were ousted from a trust that will control his media holdings if he dies or is found incompetent. [DealBook / New York Times] * Now that the world knows that PayPal's co-founder provided funding for Hulk Hogan's invasion of privacy suit against Gawker, it's time to take a look at the lawyer who's been representing the wrestler. Charles Harder is no stranger to Hollywood cases, and may be a longtime fan of litigation finance since he "[tries] to win and do so in a way that's cost effective for a client, so they don't lose when they're winning." [WSJ Law Blog] * Since revenge litigation finance's recent invention, what's there to keep billionaires from destroying you with lawsuits? Unfortunately, the answer to this question is not much, especially when "there is no obligation to disclose the litigation financing arrangements" that have been made. Ethical issues aside, we really hope the super-rich wield their new power to ruin lives through rented lawsuits carefully. [Fortune]

By Staci Zaretsky
Morning Docket

Morning Docket: 05.23.16

* Bar exam-prep companies seem to be involved in a never-ending war with each other, and shots have been fired in the latest battle. BARBRI has been sued by LLM Bar Exam in a federal antitrust action, and several law schools have been caught in the fray. We'll have more on this later today. [WSJ Law Blog] * New England Patriots quarterback Tom Brady and his legal team have until today to file an appeal of the Second Circuit's decision in the Deflategate case. According to an attorney who once served as outside counsel to the NFL, Brady's chances of success are "near zero" if he decides to pursue this Hail Mary. [Big Law Business] * OOOOk-lahoma, where the crazy comes sweepin' down the plain: Oklahoma's state legislature wants to impeach President Barack Obama and Attorney General Loretta Lynch over the administration's guidance on transgender bathroom accommodations. The Sooner State's actions are "highly symbolic," but they're likely "doomed." [TIME] * Did he wear an ascot and a smoking jacket while he was deposed? Playboy magnate Hugh Hefner testified at a deposition in a case filed by a woman who claims she was sexually assaulted by Bill Cosby at the Playboy Mansion while she was a minor. Thanks to a gag order, no details on Hef's deposition are available at this time. [Reuters] * Sorry, but you still can't deduct the cost of your law school tuition and fees on your taxes, even if you're an accountant/tax preparer who only enrolled to get a leg up on your tax skills and never intended to practice law, but especially if you later start a law firm with a family member. The Tax Court frowns upon things like this. [Accounting Today]

By Staci Zaretsky