Above the Law
Posts by Above the Law
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Morning DocketMorning Docket: 11.22.24
* Forcing Google to spin off Chrome faces uphill battle… which is why monopolies always win. [Reuters]
* Pam Bondi becomes new AG nominee. [CNN]
* Partners put “difficult” client on emails. [Roll on Friday]
* Democrats give up circuit court nominees in exchange for less important district court seats… apparently to break a record? Seems like a great reason. [Bloomberg Law News]
* Gensler stepping down from SEC in the transition. [Law360]
* As Article II clearly states… winning a presidential election means all crimes committed before the election are legal. Or something. [Slate]
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Government'Self-Inflicted Wound’: Pentagon Comptroller Warns Trump Against Mass Firings Of Federal Employees
DoD Comptroller Mike McCord additionally predicted that the current continuing resolution will extend until March, as the Republican Party looks to craft a 'two percent better deal' once it controls Congress and the presidency come January.
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Morning DocketMorning Docket: 11.21.24
* It may be bonus season, but amidst record profits, associates are noticing that their bonuses a lighter than they should be. [Bloomberg Law News]
* Babe, wake up — new contracts hypo just dropped: “Cheating husband sues wife for house after mother-in-law died watching them fight” [Hindustan Times]
* Firms merging to form “Antitrust Powerhouse” in most ironic news of the day. [Daily Business Review]
* DLA Piper faces lawsuit alleging the firm had a “fake lawyer” in Argentina doing work for them. [Texas Lawyer]
* Thou Shalt Not Violate The First Amendment. Block on Louisiana Ten Commandments law upheld. [PBS]
* CFPB preparing to take on supervisory role over digital payment apps. [Law360]
* Judges say judges aren’t the problem. That’s an evergreen headline, but in this case it’s about workplace harassment. [Reuters]
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Government, Health Care / MedicineTelehealth Advocates Praise DEA’s 3rd Extension Of Telemedicine Flexibilities, But Call For Further Action
The DEA recently announced the third extension of COVID-19 flexibilities for the virtual prescribing of controlled substances. Telehealth advocates applaud this move but remain hopeful for a more permanent solution in the future. -
Morning DocketMorning Docket: 11.20.24
* With the Trump sentencing delayed, prosecutors are gearing up for the inevitable request that state crimes should be legal if the convict wins a national election. Alas, this precedent will arrive too late for Charles Manson. [NY Law Journal]
* Weil being dealt double whammy with a pair of practice leaders expected to depart. [American Lawyer]
* Matt Gaetz appointment shines new light on warnings from the Founders [Daily Report]
* New record for the youngest person to pass California bar exam, topping her own brother’s previous record. [ABA Journal]
* Employers considering reversing raises now that Trump is expected to nix overtime rules. [Bloomberg Law News]
* Lawyer in Megan Thee Stallion case begs judge not to impose sanctions over missed in-person court date. [Legal Affairs and Trials]
* Penn State’s plan to merge its law schools receives ABA approval. [Penn Live]
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Government, Health Care / Medicine7 States Passed Abortion Rights Ballot Measures. But Changes Won’t Be Like A ‘Light Switch,’ Experts Say
In the 2024 election, seven out of 10 states passed ballot measures protecting abortion rights. But the effects won't be seen immediately, experts say. -
Morning DocketMorning Docket: 11.19.24
* It’s the “Decade of the Female Lawyer.” [Reuters]
* Celebrity claims famous lawyer attempted to extort a settlement by suggesting connections to Diddy. [Billboard]
* Lawyer for Defense nominee Hegseth previews confirmation strategy by divulging that client paid off sexual assault accuser and will attempt to portray this as a nuisance settlement when asked. [NPR]
* After failing in its first attempt, Congress is again taking up law to give the president the power to retaliate against non-profits like the ACLU. [Independent]
* DOJ will ask judge to force Google to sell off Chrome. [Bloomberg Law News]
* Lawsuit alleges Meta and Netflix entered illegal deal to divvy up market. [Law360]
* With the Supreme Court eroding racial discrimination protections and states adopting school voucher programs, white-only segregation academies are on the rise again. [ProPublica]
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In-House Counsel, Sponsored Content, TechnologyIs AI The Key To Efficient Contract Reviews?
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Morning DocketMorning Docket: 11.18.24
* Rudy finally turning over some assets. [Barron’s]
* Mike Johnson blocking Gaetz ethics report as “rough draft.” Apparently the document isn’t old enough to be properly understood. [CNBC]
* Kansas Supreme Court debates discipline as a sword, which is weird because it’s a “d-word.” Get it? I’ll be here all week, folks. [ABA Journal]
* Looks like union-busting’s back on the menu boys! [Bloomberg Law News]
* Grassley indicates he will take “traditional” view of blue slips, which structurally favor Republicans and will be ignored down the road as needed. [Law360]
* Spirit Airlines files for bankruptcy. Maybe making oxygen masks a luxury add-on was a mistake. [CNN]
* Disbarred for exaggerating personal injury claim. [LegalCheek]
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Morning DocketMorning Docket: 11.15.24
* Judge schedules a hearing to hear concerns over the transparency in the bankruptcy auction that awarded Infowars to The Onion. [Bloomberg Law News]
* Proposed law to protect journalists from government spying already passed the House but the Senate may not even take it up. Good thing there’s not an incoming administration promising to jail journalists or anything. [WIRED]
* Senator Thom Tillis says of Fourth Circuit nominee list including former state supreme court chief justice that “Not only are they not fit for the Fourth Circuit, but we wouldn’t even consider them for a district court.” As an aside, Thom Tillis voted to confirm Kathryn Mizelle who was an associate at the time. [Courthouse News Service]
* Trump placing personal lawyers in key Justice Department positions. [NBC News]
* The lawyer for the at-the-time minor at the center Gaetz investigation urges House to release ethics report. [Politico]
* Eversheds partner traps pregnant associate in parking garage after she took the spot where he parks his Porsche. [Roll on Friday]
* EU levies massive fine against Facebook for tying its marketplace ads to its social media platform. [Law360]
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Morning DocketMorning Docket: 11.14.24
* Law firm data breach implicates 300,000 patients. [Forbes]
* Rudy Giuliani’s defamation lawyers want out, claiming their client is “taking action with which the lawyer has a fundamental disagreement.” Like, maybe, trying to defame the plaintiffs again? [Axios]
* While Matt Gaetz received the highest legal appointment around, Trump also announced his pick for White House Counsel, tapping a Jones Day lawyer because of course. [Law360]
* Speaking of Gaetz, Trump is also talking about bypassing the Senate confirmation process through recess appointments. Pretty sure the Supreme Court’s take on that is that it’s only available if the vacancy arose DURING a recess and not at the beginning of a term but that assumes this Supreme Court has any respect for its own opinions. [Vox]
* Wild ethics allegations against attorney accused of stealing $31,000 from jailed client. [ABA Journal]
* Landlords dumping tons of frivolous bankruptcy filings on EDNY. [Bloomberg Law News]
* Ted Olson died yesterday, leaving behind a legacy as part of the team that successfully argued for marriage equality and a champion of the “Dreamers” immigration policy, as well as one of the primary proponents of the Federalist Society which will systematically undo those achievements. [NPR]
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Morning DocketMorning Docket: 11.13.24
* Alina Habba could move from parking garage lawyer to White House Press Secretary. [The Independent]
* Court orders Oakland to stop calling its airport “San Francisco Bay Oakland” even though it is, quite literally, on San Francisco Bay. This is the disrespect that happens when you lose all your sports teams. [Law360]
* Federal judge decides to unretire following the election. [Bloomberg Law News]
* It took him a little while, but Judge Ho has figured out how to explain away birthright citizenship to remain in the good graces of the Trump White House. It was touch and go there but if there was a disingenuous way to abandon principles for power, Ho was bound to find it. [Volokh Conspiracy]
* Bar passage rates up all over. [ABA Journal]
* New York judge declares state’s voting rights law unconstitutional though it’s unclear if she’s striking down the whole law or just one provision. [Gothamist]
* Supreme Court declines to hear rent stabilization challenge. [amNY]
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Morning DocketMorning Docket: 11.08.24
* Diddy’s team unhappy that grand jury witnesses are talking, worrying that the publicity hurts his chances to Finna Get Loose. [NewsNation]
* Trump judge blocks immigration rule because the law allowing the government to choose to allow immigrants with citizen spouses to “into the United States” legally on parole while their status is processed couldn’t support letting those people serve parole while their status is processed if they were already in the United States when the decision was made. It’s like Textualism, but a game of Balderdash. [Law360]
* OpenAI wins copyright suit over using material to train the model on the English language. [Bloomberg Law News]
* Judge says his jurisdiction is just more sweary. [Roll on Friday]
* Trump was never going to get jail time — if the judge didn’t put him in a cell for contempt for his behavior during the trial, he was never going to — but now it’s pretty much certain that this will be an all cash sentencing. [New York Law Journal]
* It’s a good time to be a partner who does deals that would otherwise violate the Sherman Act! [American Lawyer]
* Firm leaders still convinced that generative AI will have a big impact on the profession. [Thomson Reuters]
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GovernmentTrump Admin Will Bring ‘Uncertainty,’ Opportunities For Defense Industry: Analysts
‘The makeup of Congress, and specifically the makeup of the House, I think will actually matter much more to the future of the defense budget than whoever the president is,’ said Todd Harrison of AEI.
