El Jefe, Jr.

Like his Texas counterpart a few weeks ago, U.S. Solicitor General Paul Clement submitted his resignation today, effective June 2. Also like former Texas Solicitor General Cruz, General Clement is leaving on a high note.

Speaking of notes, the WSJ Law Blog reports that General Clement’s favorite band is Nirvana. “Smells Like [SCOTUS] Spirit” indeed.

The last similarity between these two Solicitors General is one they share with yet another former Texas SG (and Cruz’s predecessor), Greg Coleman. All three were were named to the American Lawyer‘s Young Litigators Fab Fifty in early 2007, which listed the top 50 litigators under the age of 45 from around the country.

Thx to General Clement for his able service to our country and Above the Law, Bench Memos, and the WSJ Law Blog

You’d think that law firms–of all places–would be bastions of political correctness and equality, or at the very least, the last professional environment where one could expect to have the following things happen.

First, it was Paul Hastings‘ (known for its employment law practice) extreme lack of tact (or timing) in firing an associate six days after she suffered a miscarriage. Then the firm had the audacity to coerce her into signing a non-disclosure agreement in exchange for three month’s pay (which she rightly refused).

They are now reaping what they sowed.


Now, a former associate of Bingham McCutchen is suing her former firm for failing to take action after she reported being drugged with tegretol (an anti-seizure medication that causes memory loss when taken with alcohol) at a firm holiday party.

Wouldn’t most folks assume that a LAW FIRM would be proactive if not aggressive in trying to get to the bottom of such criminal and damaging behavior?

Apparently not.

* * * UPDATE * * *

Bingham has responded with its official side of the story.

Thx to Above the Law


Following up on our post last week comparing the gross revenues of BigTex and MidTex (and BigLaw generally), see the Texas-generated gross revenues figures of the top BigLaw firms in Texas.

Jones Day $161.8 million
Weil, Gotshal, & Manges $140.4 million
Hunton & Williams $90 million
King and Spalding 82.2 million
Mayer Brown $64.2 million

Thx to Res Ipsa

El Jefe

Justice Scalia gave his best interview yet the other day with Brian Lamb on C-SPAN’s series, Q&A.

One of the most interesting segments was when Lamb showed Justice Scalia this clip from the Daily Show castigating his 60 Minutes appearance and his vote in Bush v. Gore, 531 U.S. 98 (2000), and then asked for his reaction.

“I watched [the Daily Show] once and that was enough.”

Justice Scalia elaborated further. First, he reminded John Stewart that President Bush was subsequently re-elected in 2004, so blaming his current occupancy of the office, the ongoing war in Iraq, or anything else derivatively-related in 2008 is specious. Second, he recounted how press studies conducted subsequent to the election found that Vice President Gore would have still lost even if he had never brought the election challenge that eventually resulted in Bush v. Gore, and the votes had been counted the way Gore sought. Third, and “penultimately,” Justice Scalia reiterated that the case only came before SCOTUS because Gore brought the suit, so it was he–not Bush or SCOTUS–who “wanted courts to decide the election.”

What was SCOTUS supposed to do when one of the parties (Bush) alleged the Florida Supreme Court had violated the federal constitution, “turn the case down for not being important enough … hardly.” Last, he also reiterated a point I have made as well that the vote finding the Florida Supreme Court violated the constitution was 7-2, not 5-4.

Justice Scalia also hinted at some future books he’d like to write, most exciting of which would be a sequel to his seminal tome, “A Matter of Interpretation: Federal Courts and the Law.”

The discussion ranged from what items are in his official SCOTUS portrait (a copy of–what else–The Federalist, and Webster’s Second International Dictionary (he doesn’t care for the Third edition)) to whether he still smokes a pipe (which he said was a very useful tool during his confirmation hearings to distract attention from what he was saying).

Thx to Convictions, WestBlog, and WSJ Law Blog


A few days ago, Volokh had a post entitled, “It’s David Lat’s World, and BigLaw Partners Are Just Living In It.” I couldn’t agree more. Above the Law has become an essential outlet for exposing BigLaw tomfoolery and scandal.

One commenter over ATL put it best when they said:

Fact: H. Rodgin Cohen wears David Lat pajamas.
Fact: Before he goes to bed Jim Sandman checks his closet for Kashmir Hill.

Fact: Fear is not the only emotion David Lat can smell. He can also detect hope, as in “I hope I don’t get profiled on Above The Law by David Lat.”

Fact: A study showed the leading causes of death among partners in the AmLaw 100 are: 1. Heart disease, 2. David Lat, 3. Cancer.

Thx to David Lat and Volokh

Yee Haaa

The past few months or so have seen some truly momentous changes in the Texas appellate world, particularly as viewed from Houston.

In March, the respected appellate practice group at Mayer Brown splintered, with a portion leaving to head up the new appellate practice at Pillsbury, and another faction headlined by former SCOTUS clerks Brett Busby (Stevens, J.) and Jeff Oldham (Rehnquist, C.J.) moving to Bracewell Giuliani.

The latest addition to the Houston appellate scene is Morgan Lewis’ recent announcement that former Solicitor General Ted Cruz will be helping lead the firm’s effort to build the SCOTUS and national appellate practice from its Houston office.

Thx to SCOTX Blog and Tex Parte Blog

The most painfully humorous clip I’ve seen in a while.

Thx to Simple Justice

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