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January 23, 2023
* The Supreme Court leak investigation accomplished two things: (1) we're all more sure than ever that the leak sprung from a justice; and, (2) the justices have burned every bridge with their extended staff. [NY Times] * Three Days of the Counsel-OR. OK that was a stretch, but the Am Law 100 is coalescing around three-day office policies. Even if firms remain divided over what that looks like in practice. [American Lawyer] * Director Doug Liman did a more comprehensive job vetting Brett Ka...
January 20, 2023
* All right everyone. Let's use our Dr. Evil voices: frivolous lawsuit earns Donald Trump sanction of... one MILLION dollars! Or $937K at least. [NY Times] * If he's interested in pushing his luck, his lawsuit against his niece is still going. [Courthouse News Service] * South Texas Law Houston and Roger Williams Law have both withdrawn support for the USNWR rankings. Without that precious data, how will U.S. News know to keep placing them in the bottom tier? [Law.com] * Musk likely to...
January 19, 2023
* With productivity in decline, are we set to see a boom in alternative fee arrangements. No... but isn't it pretty to think so? [American Lawyer] * Alex Spiro is arguing that Elon Musk's false tweets were just "technical wordsmith inaccuracies." Not sure how it's a technicality to say "funding secured" when funding had not, in fact, been secured, but kudos for trying. [Ars Technica] * Rupert Murdoch faces questions in the ongoing Dominion defamation case where...
January 18, 2023
* Former Fox executives brand witness in FIFA bribery case as vengeful, then presumably flopped on the ground holding their shins. [Law360] * If the Supreme Court ditches Chevron... how will businesses react? [Bloomberg] * Michael Cohen is back in the news, speaking with prosecutors about the Stormy Daniels hush money deal. [New York Times] * Oh look! A serial objector trying to derail a settlement. This is why we can't have nice things. [Law.com] * Derek Chauvin is looking to get his state...
January 17, 2023
* Twitter who signed agreements committing them to private arbitration cannot pursue a class action against the company. Though the judge noted a few members of the proposed class had opted out of that agreement so the case lives on for the moment. Musk still unaware of the ruling because it's buried under all the crap in the "For You" feed. [Reuters] * The UK has blocked Scotland's gender recognition law. Because post-Brexit the smartest thing England can do is further alien...
January 13, 2023
* Friday the 13th comes for Donald Trump, as the Trump Organization entities pegged with tax fraud are sentenced today. [Reuters] * This is the economic cycle where clients will drive work toward the Am Law second hundred in earnest. We say that every economic downturn and it never really ends up happening and this recession isn't actually materializing, but... it's gonna happen! Kidding aside, it might, but probably because companies are slashing legal department budgets regardless of...
January 12, 2023
* FINALLY. Firm leaders willing to come right out and say that "recession" fears are overblown at this point. Regular followers of Above the Law might have heard this point five or six hundred times over the last six months. [American Lawyer] * Covington sued for non-compliance in client data leak investigation. If a leak happens in the woods and no one properly investigates it, does it even happen, really? [Law.com] * Supreme Court allows New York gun regulations to stand while Second...
January 11, 2023
* Hope you weren't planning on traveling anywhere today. [CNN] * Rate hikes or layoffs or both loom for the industry following a *checks notes* "0.1%" decline in demand. Definitely time to panic! [American Lawyer] * Kirkland & Ellis partner buys $38 million home away from home. Compare and contrast the grave concern over that demand hit. [LegalCheek] * Weil Gotshal seeks to remove the baseball's goofy antitrust exemption. [Reuters] * Americans no longer believe the Suprem...
January 10, 2023
* Classified materials from Biden's tenure as VP found in one of his old offices. This is just like the allegations against Trump... except the material doesn't appear to be nearly as sensitive... and the Archives had never previously requested the documents... and he's immediately moved to get the materials back to the Archives... and he hasn't lied to federal agents about it for months... but other than that it's totally the same. [Business Insider] * Reuters reports t...
January 9, 2023
* FTC goes scorched earth on non-compete clauses. Somehow creating a free market for employment is going to be blasted as "socialism." [Corporate Counsel] * Supreme Court eyes gutting the right to strike. Lochner era is back, baby. [Vox] * Amid all the talk about free speech, the Court will hear a case about an actual speech issue: can the government criminalize telling someone they should stay in the U.S. illegally? [NY Times] * And OF COURSE Elon Musk is blaming an "error" ...