
It’s Time To Look Beyond Career Prosecutors For U.S. Attorney Gigs
Hopefully Joe Biden is listening.
Hopefully Joe Biden is listening.
* A lawyer in India appeared at a virtual hearing in a T-shirt lying in bed last week. This attorney should have read our earlier coverage of American lawyers making similar mistakes during remote appearances. [Tribune] * The U.S. Attorney in Manhattan made clear that he was fired and did not voluntary step down. [Reuters] * Black female YouTube creators have filed suit alleging that the algorithm used for the video-sharing website is racist. [AdWeek] * Some New Jersey attorneys are in hot water for allegedly agreeing to pay bribes to secure government contracts for legal services. [New Jersey Law Journal] * A Texas lawyer is now facing a $6 million judgment even though he failed to attend the summary judgment hearing due to scheduling confusion caused by COVID-19. Seems like this attorney has good arguments for a reconsideration motion... [Texas Lawyer]
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* If you shared my skepticism that the murder trial in the Dan Markel case will actually start next month, almost five long years after Markel's murder, then you won't be surprised by this latest development -- Saam Zangeneh, counsel to Sigfredo Garcia, has moved for a continuance. [Tallahassee Democrat] * As predicted, President Donald Trump just had his 100th Article III federal judge confirmed by the U.S. Senate; he's now up to 102 judicial appointees, as noted by Carrie Severino. [Bench Memos / National Review] * If my writeup of Preet Bharara's recent event at Cleary Gottlieb left you wanting more, check out Randy Maniloff's wide-ranging interview with the former U.S. attorney (including advice on how not to get hired at the S.D.N.Y.). [Coverage Opinions] * Jonathan Adler flags a thoughtful debate between Michael McConnell and Josh Chafetz on the battle over subpoenas between President Trump and Congressional Democrats. [Volokh Conspiracy / Reason] * Howard Wasserman identifies an interesting argument against police officers using body-worn cameras aka bodycams -- but as he also observes, we don't really have a better solution yet to the abuse of police discretion. [PrawfsBlawg] * My money's on Capital Loss Carryover in the Preakness Stakes. [TaxProf Blog] * Of course "real lawyers" take notes -- but there are some nuances here, which Joel Cohen explores. [New York Law Journal] * Frank Cross, a longtime professor of law at the University of Texas School of Law, rest in peace. [Balkinization]
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* A Guatemalan woman seeking asylum in the United States has filed suit against the Trump administration, alleging that her 7-year-old son was taken from her at the border last month. She's only spoken to him once, and desperately wants to be reunited with her child. [The Hill] * Stop the inhumane insanity: A group of state attorneys general and former U.S. attorneys have written letters to Attorney General Jeff Sessions, demanding that he "immediately" reverse his policy of separating families at the border, letting him know that "the unfolding tragedy falls squarely on [his] shoulders." [National Law Journal] * After being dumped by McDermott Will, Michael Cohen has hired Guy Petrillo as his attorney. Petrillo is an ex-S.D.N.Y. prosecutor, which could make it easier for his client to negotiate a deal of some sort after he starts cooperating. [New York Times] * Seyfarth Shaw has been slapped with a $40 million malpractice suit by Manhattan's Blue Dog restaurant group, with claims that the firm "negligently, deceptively, and repeatedly" failed in its attempts to properly represent them. [American Lawyer] * The Justice Department will be holding its annual DOJ Pride event on June 26, and it's doubtful that AG Sessions will attend. To be honest, given his record, it's probably better this way for the LGBT employees who'd be celebrating. [Washington Blade]
Ed. note: We will not be publishing on Monday, January 15, in observance of Martin Luther King Jr. Day. * Will Geoffrey Berman, acting U.S. Attorney for the Southern District of New York, recuse from Deutsche Bank matters? It sure sounds like he should.... [Bloomberg Politics] * Judge Shira A. Scheindlin and Joel Cohen offer advice to companies on how to handle sexual harassment allegations in a manner consistent with due process. [Guardian] * And Glenn Reynolds has this modest proposal, also related to the problem of sexual harassment (in the federal judiciary): abolish clerkships. [Wall Street Journal] * A quartet of tax law professors explain how a proposal to transform state and local tax payments into deductible charitable contributions to state and local government organizations could actually work. [Slate] * From Biglaw to big bucks: former associates Stephen Scanlan and Travis Leon sell their law-related startup, XRef, for a cool $10 million. [RollOnFriday] * Professor Eugene Volokh: "There's a fine line between being a 'badass' and...." [Volokh Conspiracy / Reason] * "Appeals court OKs F-Bombs for federal trademark protection." F**king finally. [Techdirt] * The Dewey & LeBoeuf criminal case ends with a whimper: former accounting manager Victoria Harrington just got sentenced to unconditional release (i.e., no prison time). [Law360]
* Michael Cohen is suing Buzzfeed over publishing the Trump intelligence dossier. He says the Russia collusion allegations are "not legitimate" but to paraphrase Judge Judy, "don't pee on my leg and tell me it's a Russian prostitute." [Bloomberg] * Iowa coach Kirk Ferentz is embroiled in boring, plodding lawsuit which actually sums up his offense pretty well. [Deadspin] * The IRS is getting into the Bitcoin game. Maybe they can explain blockchain in terms that don't involve magic. [Forbes] * Justice Sotomayor bluntly confronted Noel Francisco over the administration's 180 on voting rights. Francisco didn't have a clear, straightforward answer ready which is weird because "we managed to slip in the back door of the White House so we're basically the Allstate Mayhem guy but for the Constitution" would've been a perfectly acceptable and honest answer. [National Law Journal] * Meanwhile, a federal judge threw out a challenge to Alabama's strict voter ID law finding the state had an important regulatory interest in combatting the voter fraud crisis that they can't string together any evidence of. Jeez, maybe Brett Talley would have actually improved the Alabama federal bench. [NPR] * For your daily reminder that Texas is a jerkweed backwater, the woman accused of drunkenly destroying hundreds of thousands of dollars in art faces a possible life sentence because Texas couldn't figure out how to put the death penalty on it. [Texas Lawyer] * Kirsten Gillibrand will use her blue slip to block the nomination of Greenberg Traurig's Geoffrey Berman for the SDNY U.S. Attorney post. Or, more accurately these days, Kristin Gillibrand will use her blue slip to do absolutely nothing to slow down the nomination of Geoffrey Berman for the SDNY U.S. Attorney post. [New York Law Journal] * Skadden avoids sanctions in Vijay Singh suit. Remember when the PGA was accusing people of doping... in golf? [Law360]
* Colin Kaepernick's lawyers have requested emails and texts from a number of teams as part of the quarterback's collusion claim. They've also asked to speak to Texans owner Bob McNair, 49ers owner Jed York, and Cowboys owner Jerry Jones. [CBS Sports] * So, you want to write a white paper. Best practices for law firms to make the most of the marketing opportunity. [Law and More] * Bad news for in-house lawyers. Those sexual harassment trainings probably don't work. [Mother Jones] * Yeah, you best believe Anita Hill has some thoughts about what's been going on. [New Yorker] * It's apparently Global Love Your Lawyer Day, so get out there and give your lawyer a hug! [ABA Journal] * As Trump (slowly) nominates U.S. Attorneys, just how important is it that prosecutors have ties to the states they serve? [Baltimore Sun]
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* According to Justice Gorsuch, you don't need to "suppress[] disagreement" to be civil. Disagreeable, eh? Maybe this is why there seems to be such animosity between him and Justice Kagan. [Associated Press] * President Trump has reportedly promised to pay $430,000 to "defray the costs of legal fees for his associates, including former and current White House aides." Meanwhile, some of his former associates have lawyers' bills from the Russia probe that are higher than that. [Axios] * President Trump has apparently been interviewing candidates (i.e., Biglaw attorneys with close connections to Rudy Giuliani and Marc Kasowitz) for key U.S. attorney positions, which is outside the norm for most presidents. Despite the gravity of the situation, Senator Lindsay Graham had a clever quip about the situation: "It's kind of an extension of 'The Apprentice,' I guess." The ratings on this will be YUGE. [CNN] * "She can leave the country or she cannot get her abortion, those are her options?" Over the objections of the D.D.C. judge who ruled that the government must allow an undocumented 17-year-old seeking an abortion to get one, thanks to the D.C. Circuit, she needs to find a sponsor and further delay the procedure. [New York Times] * Ex-Kaye Scholer partner Evan Greebel is on trial for conspiracy, and he's desperately trying to distance himself from his former client, Martin Shkreli. He claims this was a big misunderstanding, and that he was victimized by Shkreli. [Big Law Business]
"It's a slap in the face."
The Trump administration shows a willingness to compromise on nominees.
Congratulations and good luck to the next ten judicial nominees.
The victim alleges the harassment has been going on for over a year.