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Morning Docket: 11.18.09

Anthony Kennedy 2 Justice Anthony M Kennedy Above the Law blog.jpg* Judge David Hamilton (S.D. Ind.), nominated to the Seventh Circuit, will (finally) be put to an up-or-down vote in the Senate today. [Christian Science Monitor]

* A veto for Iraq’s election law means that elections might not happen in January as expected. [New York Times]

* Speaking of things that aren’t happening in January, Obama admits that Gitmo won’t be closed by the January 2010 deadline he set for himself. Elie wants to know if he has a Restatement ยง 90 claim. [Washington Post]

* But at least Obama is on the case when it comes to almost $100 billion in improper payments by the federal government. Expect an executive order shortly. [CNN]

* So much for the (Linda) Greenhouse effect: Justice Kennedy is ticked off at the Times. [WSJ Law Blog]

* Judicial reform may be coming to West Virginia. [How Appealing]

* The Empire State cracks down on drunk drivers — especially those who take their kids with them. [New York Times]

The Federalist Society Annual Dinner: Lions and Tigers and Bears, Oh My!

Federalist Society high heels fabulous.jpgSensible shoes are for liberal chicks. Say hello to fabulous Federalist footwear!

As you may have noticed, from our two posts late on Monday night and one from Tuesday morning, we’re engaging in some after-the-fact blogging of last week’s Federalist Society National Lawyers Convention.

As in past years, the social highlight of the conference was the Thursday night banquet (black tie optional; and many availed themselves of the option, ‘cause that’s how conservatives roll). The speaker at the dinner was none other than Justice Samuel A. Alito, who delivered an insightful and hilarious speech that was a delight to listen to. Just as one might say of, say, a newscast by Jon Stewart, much of the entertainment value was in the delivery — Justice Alito is so dry and deadpan, and yet his remarks make you bust out laughing.

Interestingly enough, we haven’t come across many news accounts of Justice Alito’s speech. There was also no video recording allowed at the address. So we feel we can add some value with this write-up, despite its belated nature.

There may have been some confusion over the ground rules governing reporting about the speech. From the BLT:

Justice Samuel Alito Jr. spoke to the Federalist Society [last Thursday] night, but photos of him doing so are hard to come by. That’s because photographers other than the Federalist Society’s own were barred from the event. Keith Appell, a spokesman for the Federalist Society, said cameras were prohibited by Alito’s security detail….

Kathy Arberg, the court spokeswoman, said “The justice’s policy was that the event was open to still cameras and pencil press,” and that the Federalist Society was informed of that policy before the event.

Well, photos from the event aren’t hard to come by on Above the Law. Nobody told us that we couldn’t take photographs — so we did. And, as members of the “pencil press,” we jotted down notes in our reporter’s notebook. (We left the laptop at the hotel that night.)

Check out a slideshow of our pictures, along with a discussion of Justice Alito’s highly engaging and entertaining address, after the jump.

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Breakdown of the Public-Private Distinction: Implications for the Administrative State

breakdown broken down car automobile industry.jpgTime to resume our lateblogging — or can we call it early-blogging, in light of the morning hour? — of the Federalist Society’s 2009 National Lawyers Convention. If you’re a conservative or libertarian lawyer (or law student), this is an event well worth attending every year. In addition to the lively and informative panel discussions (which offer CLE credit), the networking is excellent.

Here’s the next panel we attended, on a timely topic given the government’s increasing — and perhaps excessive — involvement in the national economy:

Breakdown of the Public-Private Distinction: Implications for the Administrative State

  • Mr. David Berenbaum, Executive Vice President, National Community Reinvestment Coalition
  • Mr. David G. Leitch, Group Vice President and General Counsel, Ford Motor Company
  • Prof. J.W. Verret, Assistant Professor of Law, George Mason University School of Law
  • Prof. David Zaring, Assistant Professor of Legal Studies and Business Ethics, The Wharton School, University of Pennsylvania
  • Moderator: Hon. Ronald A. Cass, President, Cass & Associates, PC

    Summary after the jump.

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    Regulation of Financial Institutions

    bank regulation thrift savings loan investment bank commercial bank.jpgWe continue our lateblogging of the Federalist Society’s 2009 National Lawyers Convention. The conversations at the conference are always interesting. As far as we’re concerned, this has to be one of the most painless ways to rack up CLE credits.

    Here’s the next panel discussion that we attended:

    Regulation of Financial Institutions

  • Hon. Paul S. Atkins, Congressional Oversight Panel and Former U.S. SEC Commissioner
  • Ms. Stephanie R. Breslow, Partner, Schulte, Roth & Zabel LLP
  • Dean Paul G. Mahoney, David and Mary Harrison Distinguished Professor of Law, Arnold H. Leon Professor of Law, University of Virginia School of Law
  • Hon. Annette L. Nazareth, Partner, Davis Polk & Wardwell LLP
  • Moderator: Hon. Edith H. Jones, U.S. Court of Appeals, Fifth Circuit

    A quick and dirty write-up, after the jump.

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    Free Speech: The Fairness Doctrine

    radio on the air free speech fairness doctrine.jpgOver the weekend, we had the pleasure of attending the Federalist Society’s 2009 National Lawyers Convention, down in Washington, D.C. As in past years, conservative and libertarian legal luminaries were plentiful, and the panel discussions and other events were excellent.

    Some folks — e.g., Josh Blackman — were liveblogging the proceedings. We’re only writing up the conference now, so you can call this “lateblogging” (both because we’re late in blogging about the conference, and blogging late at night; hey, better late than never).

    This year, sadly, we missed most of the Thursday events (because of a speaking engagement at the ABA’s Law Firm Marketing Strategies Conference). The first Fed Soc panel we caught was on Friday afternoon:

    Free Speech: The Fairness Doctrine

  • Prof. Thomas W. Hazlett, Professor of Law & Economics, George Mason University
  • Mr. Seton Motley, Communications Director, Media Research Center
  • Prof. Jamin Ben Raskin, Director, Law and Government Program, Washington College of Law, American University College of Law
  • Moderator: Hon. David B. Sentelle, U.S. Court of Appeals, D.C. Circuit

    Our rough notes on the discussion, after the jump.

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    Breaking: Rodge Cohen Drives a Subaru!

    H Rodgin Cohen Henry Rodgin Cohen Rodge Cohen Sullivan Cromwell chairman.jpgThat’s the most shocking revelation in an interesting New York Times profile of H. Rodgin Cohen, the nation’s top banking M&A lawyer and chairman of the venerable Sullivan & Cromwell. From the NYT:

    After [Cohen and his wife Barbara] had paid their [restaurant] check, they went to fetch the car, and Mr. Cohen, a Boston fan since his days at Harvard Law, glanced down at his BlackBerry to check on the Red Sox. He drives a Subaru, a humble ride for a man who earned millions last year arranging shotgun weddings for the busted firms of Wall Street, and standing next to Barbara in the darkness, Rodge Cohen, a titan of the banking bar, struggled with his automated key, initially unable to — woop woop woop — release the lock.

    Unlocking car doors by remote control — where’s a good associate when you need one?

    Now, in re Subarus, we have nothing against them; they are fine cars. Some of our best friends drive Subarus. One of our co-clerks — a member of the Elect, no less — drives a Subaru Forester. The judge for whom we clerked — Judge Diarmuid O’Scannlain (9th Cir.), a top feeder judge — used to drive a purple Subaru (affectionately nicknamed “Grimace” by his clerks).

    But as we know from the judicial pay controversy, federal judges don’t get compensated like partners at Sullivan & Cromwell. And Cohen is no ordinary S&C partner — he’s the chairman of the firm and its top rainmaker, generating tens of millions in business every year. A Subaru is shockingly downmarket for him. We realize that true wealth doesn’t have to advertise itself, and six-figure cars are for the nouveau riche, but this still seems a tad extreme.

    More to the point, why is Rodge Cohen even driving himself? Wouldn’t it be more efficient for him to have a chauffeur-driven Maybach — john quinn, holla — so he can spend every waking minute on the phone, negotiating billion-dollar bank mergers? Isn’t it a waste of the brilliant Cohen’s brain cells to have him paying attention to yield signs when he could instead be thinking about yield curves?

    More tidbits from the Rodge Cohen profile, along with commentary, after the jump.

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    Musical Chairs: Greg Craig Out as White House Counsel, Bob Bauer In

    Gregory Craig Gregory B Craig Greg Craig Williams Connolly Above the Law Blog.jpgThe rumors circulated back in August, but now it looks like it’s finally happening. From Marc Ambinder, shortly before 11 on Thursday night:

    Sources in government say that White House Counsel Gregory Craig has decided to resign, and that the president’s personal lawyer, Robert Bauer, will take his place. A formal announcement is slated next week, though word might drop tomorrow.

    Looks like that announcement is getting sped up. More after the jump.

    UPDATE: Greg Craig’s resignation letter, also after the jump.

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    ATL Field Trip: The Heller Ehrman Art Auction

    Heller Ehrman art auction 3.jpg
    Last month, we reported that bankrupt law firm Heller Ehrman would be selling some of its art to raise money for its creditors. Heller hopes to raise $1 million (or more) through a series of sales, in New York and California.

    The first of several Heller art auctions took place yesterday at Bonhams & Butterfields, at 580 Madison Avenue in New York. We attended, both to cover the proceedings and in the hope of making a purchase or two. (The most important works from the Heller collection will be sold next year, but those pieces — by artists like Diebenkorn, Lichtenstein, and Serra — are a bit beyond our price range.)

    Upon arrival at Bonhams, we checked in with a receptionist. We were asked to provide our driver’s license and credit card for photocopying, which we did. Buyers can pay for purchases with either a credit card or a check, but the auction house still copies your credit card for its records.

    (There is a slight discount for using a check or cash over a credit card. The buyer’s premium, a commission paid by the winning bidder to the auction house, is 22 percent of the purchase price for credit cards, but 20 percent for cash or check.)

    After supplying the requested documentation and filling out a short form, we were given a paddle for bidding. We were hoping for something wooden; the word “paddle” conjures up images of spanking — fun! Instead, we received a laminated card of gray and white plastic, printed with the number “238” (our bidder number).

    Did we make any purchases? How well did the Heller Ehrman art sell? Find out, plus check out pictures of the art, after the jump.

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    The Sidley Brief in the McKinney Matter:
    Was It Appropriate?

    Diane Cannon Judge Diane Gordon Cannon Judge Dyan Cannon.jpgIn today’s Morning Docket, we mentioned the recent benchslap administered to Sidley Austin by Judge Diane Cannon (pictured), an Illinois state court judge. Lynne Marek of the NLJ reports:

    A court hearing on Tuesday in Chicago at which former Northwestern University journalism students planned to fight a subpoena for their records and grades turned into a judicial lambasting of their Sidley Austin lawyers.

    It started when Judge Diane Gordon Cannon of the Cook County Circuit Court called the lawyers, partner Richard O’Brien and associate Linda Friedlieb, to the bench before prosecutors from the Cook County State’s Attorney’s Office had even arrived. She asked who had written the brief she was holding. O’Brien and Friedlieb responded that they had submitted the reply supporting the motion to quash the subpoena.

    Judge Cannon was, suffice it to say, not happy about the Sidley Austin brief.

    Her Honor’s complaints — plus discussion of whether they were justified, and a reader poll — after the jump.

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    Morning Docket: 11.11.09

    sidley.gif* Judge Diane Cannon — no relation to actress Dyan Cannon (who played a judge on Ally McBeal) — benchslaps Sidley Austin for its brief in the high-profile case involving Northwestern University journalism students fighting a subpoena for their records and grades. [National Law Journal]

    * Speaking of journalistic freedom, was prior restraint applied to a high school newspaper — by Justice Kennedy? [New York Times]

    * Meet John Galligan, the lawyer who will be representing the accused Fort Hood shooter. [WSJ Law Blog]

    * Another prominent notorious gunman — John Allen Muhammad, aka the “DC sniper” — has been executed. [Washington Post]

    * Professor John Yoo appeals a ruling allowing a suit against him to proceed to the Ninth Circuit (which might not be the friendliest court for Yoo, but we’ll see). [How Appealing]

    * “L is for Lawyers… And That’s Good Enough for Them”: Zach Lowe interviews two of the lawyers behind the success of Sesame Street. [Am Law Daily]

    * Judge Charles Sifton (E.D.N.Y.), RIP. [New York Times]

    Comments

    Entry: Breaking: A Dramatic Farewell Email
    (And proof of Paul Hastings layoffs.)

    posted by David Lat

    May 05, 2008 6:49PM

    I would add this as an update to the main post, but can't do so at the moment (because Movable Type is "upgrading" itself). So I'm posting this in the comments for now, and I'll add it to the main post later.

    Here is Paul Hastings's statement, from Eileen King, Global Director of Public Relations for the firm:

    "We disagree with the person's description of what occurred, but unfortunately we don't comment on internal employment matters."

    Entry: Legal Eagle Wedding Watch: May's Couple of the Month

    posted by David Lat

    Jun 30, 2008 12:42PM

    We're having some technical difficulties right now, which explains why no new content has appeared on the site in a while.

    We hope to be back online shortly. We apologize for the inconvenience.

    Entry: Nationwide Layoff Watch: Townsend and Townsend and (a Smaller) Crew

    posted by David Lat

    Apr 08, 2009 6:22PM

    4 - Thanks for the headline suggestion!

    Entry: Open Thread: How Does Everyone Like Bar/Bri So Far?
    Revised and updated; please see after the jump.

    posted by David Lat

    Jun 19, 2009 8:30AM

    UPDATE: Please note that this post has been revised in various respects since it was originally published.

    In addition, please see the addendum at the end of the post.

    Thanks.

    Entry: Non-Sequiturs: 10.09.09

    posted by David Lat

    Oct 09, 2009 6:08PM

    8 - Thank you for pointing that out. I think that the original blurb was an overly aggressive reading of the source materials. We have fixed it.

    Entry: Mystery Meeting at Winston & Strawn

    posted by David Lat

    Oct 12, 2009 5:34PM

    We are gathering reports and will post about the meeting later (probably tomorrow morning). Based on preliminary reports, it was not a particularly exciting meeting, basically along the lines of a "state of the firm" talk.

    If you would like to contribute information, please email us: tips at abovethelaw dot com (subject line: "Winston and Strawn"). Thanks.

    Entry: Small Law Firm Open Thread: Family Law / Divorce Law

    posted by David Lat

    Oct 12, 2009 5:35PM

    Re: Winston & Strawn, we are gathering reports and will post about the meeting later (probably tomorrow morning). Based on preliminary reports, it was not a particularly exciting meeting, basically along the lines of a "state of the firm" talk.

    If you would like to contribute information, please email us: tips at abovethelaw dot com (subject line: "Winston and Strawn"). Thanks.