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Above the Law: A Legal Tabloid - News and Colorful Commentary on Law Firms and the Legal Profession



Non-Sequiturs: 03.23.17  

* Apparently regulation is an effective way to limit greenhouse gas emissions... in case anyone cares about that sort of thing. [TaxProf Blog] * Fun with redaction tape. [The Slot] * I feel ya, Merrick. [The Onion] * A Gorsuch filibuster debate. [Slate] * When will you pay off your debt? When you die. [Law and More] * Where are you putting your money? [Corporette] * Rick Perry is kinda a dick. [Salon]

2017-03-23 21:41:30
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5 

The Historical Import Of Solicitor General  

Know this one?

2017-03-23 20:28:33
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4 

ABA TECHSHOW 2017: The More Things Change, The More They Stay The Same  

The speaker roster at ABA TECHSHOW 2017 was radically different from years past.

2017-03-23 16:36:46
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4 

Standard Of Review: NBC's Trial & Error Is A Promising Yet Inconsistent True-Crime Spoof  

This mockumentary comedy depicting a murder defense is frequently funny, but still has room to grow.

2017-03-23 16:14:59
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4 

Legal Research Company Casetext Closes On $12 Million In Funding  

This is one of the largest investments in a legal technology startup ever.

2017-03-23 11:58:22
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0 

Morning Docket: 03.23.17  

* "You have been very much able to avoid any specificity like no one I have seen before. And maybe that's a virtue, I don't know. But for us on this side, knowing where you stand on major questions of the day is really important to a vote." Despite hours of questioning, Senate Democrats were unable to get Judge Neil Gorsuch to commit to any response beyond researched generalities. At this point, his confirmation seems inevitable. [New York Times] * Sure, Biglaw associates want their firms...

2017-03-23 11:25:49
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1 

Starting A Corporation  

How do you form a corporation? Attorney Gary J. Ross explains.

2017-03-23 09:56:47
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2 

SEC Pick Jay Clayton Promises To Do His Job  

What else would you expect from a Goldman(ish) guy?

2017-03-23 09:25:47
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0 

Is Stuttering A Reason Not To Hire Someone?  

Is stuttering a disability under the Americans With Disabilities Act?

2017-03-23 08:26:03
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0 

Trump Lawyers Allegedly Sink Claws Into Teen Over Cat-Scratch Website  

In the era of "fake news," has the internet been trolled?

2017-03-23 07:56:23
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0 

Solo Seeks To Challenge Archaic Bonafide Office Rules At The Supremes  

Physical space requirements for lawyers may head to the Supreme Court.

2017-03-23 06:18:44
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0 

Law School Dean Out Amid Controversy  

That changed quickly.

2017-03-23 06:09:57
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0 

Law Professor Arrested On Charges He Embezzled Millions  

The alleged scheme took place over the course of eight years.

2017-03-23 02:16:06
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0 

Everything You Think You Know About Campus Sexual Assault Is Wrong: A Review Of The Campus Rape Frenzy  

The touchstone statistics underlying the discussion of campus sexual assault have shaky foundations.

2017-03-23 02:09:26
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0 

Is InfiLaw Trying To Dump All Of Its For-Profit Law Schools?  

It may be time to take the money and run...

2017-03-23 01:44:42
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0 

Associate Bonus Watch: It Ain't Over Til It's Over  

Associates at this firm did well for themselves.

2017-03-22 19:59:20
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8 

Charlotte Plans To Go Non-Profit While Still Paying Profits To InfiLaw Or Something  

The troubled law school plans to partner with "a northeastern university." Any guesses?

2017-03-22 15:26:07
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9 

Two Bankruptcies, One Signal To Investors?  

The recent bankruptcies of two clean energy companies has kept the renewable energy sector on its toes.

2017-03-22 14:17:24
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3 

Wall Street's Oldest Firm  

Know this one?

2017-03-22 13:53:40
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6 

Morning Docket: 03.22.17  

* "When anyone criticizes the honesty, integrity, the motives of a federal judge, I find that disheartening. I find that demoralizing, because I know the truth." During the tail end of the second day of his marathon confirmation hearing, Judge Neil Gorsuch let it be known for the first time publicly that he wasn't pleased with President Trump's attacks on his judicial colleagues. [CNN] * While the legal world was preoccupied with Judge Gorsuch's confirmation hearing yesterday, SCOTUS was stil

2017-03-22 13:49:17
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4 

Court Grants Custody to Three Parents – We May Not Need 'Duncles' Much Longer  

The trend of the law is clear: families will continue to grow in new and surprising ways.

2017-03-22 12:47:23
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0 

Non-Sequiturs: 03.22.17  

* Neil Gorsuch is evasive, but in an adorable way. [Slate] * What do Biglaw and Uber have in common? [Law and More] * So, do you need a personal assistant? [Corporette] * What is it they say about politics and bedfellows? [Too Fab] * What should Judge Gorsuch have to prove during the confirmation hearings? [Huffington Post] * An Alabama megachurch wants to hire its own police force. Legislature just might do it... Seems problematic. [Salon]

2017-03-22 12:32:03
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0 

Today's Installment Of 'Bad News At Deutsche Bank'  

In fairness, a fine at the end of a U.S. criminal inquiry may actually be the best news the Germans have heard in months.

2017-03-22 10:03:48
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0 

How A Car Accident Helped Me Understand The Mindset Of Potential Clients  

Turning to a lawyer is at some level an emotional decision.

2017-03-22 09:58:58
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2 

Trendspotting? Major U.K. Client Refuses To Pay Junior Biglaw Attorneys  

Are junior associates really this "worthless"?

2017-03-22 08:04:30
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4 

Would You Still Go To Law School?  

Why did you go to law school?

2017-03-22 05:15:10
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0 

How Solo And Small Law Can Self-Publish To New Audiences Without A Blog  

Are personal blogs the best outlet for smalls and solos? Sometimes... but there are other options.

2017-03-22 04:33:21
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0 

Judge Gorsuch: Helping You Fill Out Your SCOTUS Bingo Card  

Making hearing transcripts great again!

2017-03-22 03:41:07
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0 

Supreme Court Smacks 10th Circuit DURING Neil Gorsuch Confirmation Hearing  

What this case shows is that the text isn't clear AT ALL.

2017-03-22 02:14:57
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0 

Jones Day Responds To Critics With Standard Petulant Hissy Fit  

Everything about this matter really seems to get under their skin and it's not a good look.

2017-03-22 02:12:38
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0 

The Greatest Gift My Father Gave Me  

Brian Cuban writes about the time his father helped him take a big step in his recovery, saving his life.

2017-03-22 02:01:44
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0 

The 'Other' Litigation Finance  

Personal-injury funding firms are major players in the litigation finance arena as a whole.

2017-03-21 21:31:37
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14 

Gorsuch Hearings Day 1: If This Is All The Dems Got, They Best Go Home  

This is about Merrick Garland, Mitch McConnell, and Donald Trump, or it's about nothing at all.

2017-03-21 18:19:02
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2 

Colorado Law School Says It Didn't Inform Neil Gorsuch Of A Complaint From A Women Student  

These complaints are a problem for Colorado, much more so than Gorsuch.

2017-03-21 17:50:56
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6 

AutoTime By Smokeball: Revolutionizing Time Entry For The Busy Lawyer  

Let's be honest -- everyone hates keeping track of billable hours.

2017-03-21 14:31:39
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4 

On The Subject Of Women: Why Neil Gorsuch's Off-Handed Comments Are A Problem  

Casual comments reinforcing negative gender stereotypes don't help anyone.

2017-03-21 13:30:43
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3 

Oyez! Oyez! This Trivia Question Is Called To Order  

You know the word, but where does it come from?

2017-03-21 11:44:10
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0 

In Defense Of Space (The Extra One After A Period)  

Does sentence spacing really matter? This law professor seems to think so.

2017-03-21 08:09:35
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0 

10 Things To Know About Antitrust  

There's a lot to like about antitrust practice, including the sheer diversity of this area.

2017-03-21 04:56:14
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0 

Non-Sequiturs: 03.21.17  

* Oof, how do you tell a client when there's bad news? [Reboot Your Law Practice] * Preet's impossible dream: beating Trump in 2020. [Law and More] * Facebook telethon for the ACLU. [Huffington Post] * Will the Gorsuch confirmation be delayed until after the FBI investigation into Trump's Russia ties? [Slate] * Artificial intelligence and the law -- it's like a bad buddy comedy from the future. [The Fashion Law] * Neil Gorsuch really isn't a fan of people voting. [Salon]

2017-03-21 04:48:29
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0 

Biglaw Lawyers Behaving Badly: The Elite 8 (Part 1)  

So, we are mid-March madness... is your bracket busted?

2017-03-21 03:23:33
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0 

Spannabis 2017: Lessons On Spain's And Barcelona's Marijuana Industry  

Barcelona's medical marijuana marketplace remains immature and risky, but it has tremendous potential.

2017-03-20 18:57:19
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12 

ABA TECHSHOW Post-Mortem: Not Your Granddaddy's Legal Tech Conference  

TECHSHOW is more than 30 years old, but the atmosphere felt as fresh and energetic as at any contemporary conference.

2017-03-20 17:26:42
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7 

The 'Frozen Truck Driver' Case Democratic Senators Are Hanging On Neil Gorsuch  

Hanging the "bad outcome" on a judicial nominee is never the right way to go.

2017-03-20 14:18:32
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7 

The Election To Partnership (Or, The Demise Of Hard Choices)  

Once upon a time, a partnership decision was a real, up-or-out, decision -- and that might've been best for associates.

2017-03-20 12:03:25
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7 

From Full-Time Mom To General Counsel  

Nine recommendations for how to balance motherhood with professional life.

2017-03-20 11:02:40
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2 

Miranda Myths  

Miranda warnings are often misunderstood, and are sometimes abused by police.

2017-03-20 10:59:39
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5 

4 Tips for Not Getting Sued When Changing Jobs  

As lateral hiring picks up, here's what not to do before and after leaving your current employer.

2017-03-20 07:21:45
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1 

Hostile Work Environments Are Best For Rate-Rigging  

UBS sure has a knack for nicknames.

2017-03-20 07:03:15
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0 

Lawmakers Wrestle With The Promise And Risk Of Drug Importation  

A look at the two main proposals for accelerating drug imports.

2017-03-20 06:20:50
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8 

2 Quick Ways To Get Your Law School Acceptances Revoked  

Follow the rules when you apply to law school... or else.

2017-03-20 06:15:25
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0 

A Wachtell Lipton Partner Joining The Trump Administration  

If confirmed to this post, he'll find himself involved in some major legal controversies.

2017-03-20 05:35:57
`
0 

Defeating A Supreme Court Nominee  

It is possible...

2017-03-20 04:25:30
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2 

Lower-Court Judicial Nominations By The Trump Administration  

Because the Supreme Court isn't the only game in town.

2017-03-20 02:44:25
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0 

Does Judge Gorsuch Have Backwards Thoughts On Working Women And Pregnancy?  

Will this come up in the confirmation hearings?

2017-03-20 02:33:31
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0 

Morning Docket: 03.20.17  

* Today marks the first day of Judge Neil Gorsuch’s confirmation hearings before the Senate Judiciary Committee. Will there any big surprises unveiled about him during the hearings? At this point, the only surprise is that anyone still expects there will be a surprise about the “[d]apper, folksy” judge. The bigger surprise will be whether […]

2017-03-20 01:47:53
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2 

Friday Night Fights — At The Ninth Circuit  

A battle royal at the Ninth Circuit over President Trump's immigration order.

2017-03-18 02:10:10
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5 

Legal Aid Is Under Assault, But Don't Count It Out  

Bipartisan backers have saved LSC before. Can they do it again?

2017-03-17 20:19:45
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11 

Movin' On Up: After 10 Years of Practicing Law, I Filed My First Court Of Appeals Brief  

The experience elicited feelings of excitement, trepidation, and fatigue.

2017-03-17 18:55:07
`
11 

Justice Celebrates Birthday With Dance  

Great birthday celebration.

2017-03-17 16:45:32
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4 

Non-Sequiturs: 03.17.17  

* Whaddya know. Preet Bharara said to be investigating HHS Secretary Tom Price at the time he was fired. [ProPublica] * Ninth Circuit Judge Richard Clifton doesn't mention Donald Trump's name, but that's totally who he was talking about. [Huffington Post] * Will the Jones Day raid tip the balance of geopolitical affairs? [Law and More] * Speaking of Jones Day, here's another deep dive into the firm (featuring Paul Barrett of Bloomberg Businessweek and our own David Lat). [Big Law Busine

2017-03-17 12:30:48
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1 

Conservative Judge Not A Fan Of Trump's Judge Bashing  

The judge clearly has a deeply seeded respect for the judiciary as an institution

2017-03-17 12:18:53
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3 

Insider-Trading Trials Are No Place For Autograph Seekers  

Phil Mickelson need not fear being mobbed in the witness box.

2017-03-17 11:57:19
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1 

Stats Of The Week: Am Law 200 v. Big Four  

Among the possible impending disruptors analyzed by Bruce MacEwen's Tomorrowland include the Big Four accounting firms grabbing market share from Biglaw.

2017-03-17 11:51:49
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2 

Who Is The Worst-Behaved (Former) Biglaw Attorney? (Part 2)  

These are great examples of how not to behave...

2017-03-17 10:35:36
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1 

Supreme Court Clerk Hiring Watch: The Next Generation (Of Feeder Judges)  

These emerging feeder judges are a high-powered and diverse group.

2017-03-17 08:38:06
`
1 

Take A Business Course, Secure a Mentor, And Have Patience  

Sports attorney Michael Buckner shares his insights on starting a law practice in the ever-evolving industry of college sports.

2017-03-17 06:26:27
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0 

Convicted Insider-Trader's New Book Not Titled 'Take The Damned Deal'  

Michael Kimelman waxes at great length about how awful the prison term he could have avoided was.

2017-03-16 21:36:01
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17 

Taking Novel Approach To Dealing With Medical Errors: Apologizing  

Circumvent litigation by offering prompt disclosure, apology and compensation is an alternative to malpractice suits.

2017-03-16 19:30:52
`
3 

Legal Startup Appears To Shut Down After I Question Its Management  

Note the update: the sites are back up, but the questions remain.

2017-03-16 18:39:43
`
3 

Power Niche Marketing: The First Power Niche Marketing Lesson  

What can lawyers learn from pizza purveyors? Managing partner Bruce Stachenfeld explains.

2017-03-16 14:03:18
`
3 

Make Time For Face Time  

It's a giant red flag if you never see your clients -- especially if you don't work in Biglaw.

2017-03-16 13:11:58
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4 

Morning Docket: 03.16.17  

* It's not just Hawaii; a federal judge in Maryland has also ruled against Donald Trump's revised immigration order. [CNN] * Every woman to ever argue before the Supreme Court. [Supreme Court Brief] * Accusations abound that former Yahoo GC Ronald Bell "took the hit" for CEO Marissa Mayer in the hacking matter. Now if she can someone to take the hit for the company's overall performance, she'll be golden. [CNBC] * Emma Watson pursuing legal action against hackers over leaked photos of a

2017-03-16 12:31:55
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2 

You Don't Need To Go To Law School To Be President (But It Helps)  

Know this one?

2017-03-16 08:59:47
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0 

Leave Texting To Your Friends And Family, Not Your Lawyer  

Sorry, but complex legal questions cannot be answered in the space of a tweet.

2017-03-16 07:43:03
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3 

This Is Why There's A Lack Of Asian-American Women Biglaw Partners  

Is it any wonder they are leaving Biglaw?

2017-03-16 06:59:48
`
1 

How To Manage New Attorneys At Your Law Firm  

Recent law school graduates hired at your firm need a lot of guidance.

2017-03-16 06:49:18
`
1 

Standard Of Review: 'Billions' Returns For Its Enjoyable And Surprisingly Newsworthy Second Season  

The big winners from the firing of Preet Bharara: the producers of the Showtime drama Billions.

2017-03-16 05:17:49
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6 

This Judicial Citation To 'Cheers' Will Make Your Day  

It's always nice to see a judicial opinion with a little flair.

2017-03-16 05:07:54
`
1 

The Upside To The Gorsuch Nomination  

On criminal justice issues, Neil Gorsuch is a better draw for defense lawyers than Merrick Garland.

2017-03-16 03:11:17
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2 

Why Do Bully Bosses Bully Their Stars – And Redheads?  

It's more about the bully than the star, as columnist Richard Cohen explains.

2017-03-16 02:45:38
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3 

All Falling Faiths: An Interview With Judge J. Harvie Wilkinson III  

To regular readers of Above the Law, Judge J. Harvie Wilkinson III needs no introduction. A judge on the U.S. Court of Appeals for the Fourth Circuit since 1984, Judge Wilkinson is one of the most distinguished and highly respected members of the federal judiciary. Not surprisingly, he has been mentioned frequently over the years […]

2017-03-16 02:28:08
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3 

Ousted Obama U.S. Attorneys Had To Go  

Why the outrage surrounding this president doing what every recent president has done?

2017-03-16 01:40:19
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2 

Michigan Law Is A Nice Place To Wind Up When You Suddenly Find Yourself Out Of A Job  

Not a bad plan B.

2017-03-16 01:06:18
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2 

Non-Sequiturs: 03.15.17  

* Ummmm, they're making a sequel to My Cousin Vinny! Okay, it's in book form, but it's titled Back to Brooklyn, so I am already hopeful. [Amazon] * Meet Luis Mancheno, the refugee lawyer working against the Muslim ban. [Huffington Post] * The legal problem with disclosing bad cops to prosecutors. [Slate] * Dude. Jeff Sessions doesn't even have your back. [Salon] * Trump's attorney, Michael Cohen, is all upset because he doesn't understand the First Amendment. [Politico] * Best pra

2017-03-15 21:01:09
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6 

The Best Lawyer Excuses  

While excuses may not work all of the time, some of the time, or even none of the time, they are endlessly entertaining.

2017-03-15 19:15:38
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6 

FDIC Vice Chair May Be Only Person Who Read Republican Platform Last Year  

Thomas Hoenig is crippled by debilitating belief that the president means anything he says.

2017-03-15 19:07:48
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4 

A Curiously Unanimous Supreme Court Case  

Know this one?

2017-03-15 16:20:22
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3 

Thanks To Our Advertisers  

During this cold snap in the northeast, we extend warm thanks to our advertisers.

2017-03-15 14:46:54
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7 

U.S. Tax Reform And The Energy Sector  

Tax reform, if anything close to promises, will have significant implications for the energy industry in the U.S., and worldwide.

2017-03-15 14:16:24
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2 

Who Is The Worst-Behaved (Former) Biglaw Attorney?  

Enjoy our Lawyers Behaving Badly Bracket.

2017-03-15 13:56:49
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9 

Court Blocks Travel Ban 2.0: Constitution 3 — Trump 0  

Trump is losing and the constitution is winning.

2017-03-15 12:40:42
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8 

Retire With $3 Million at 30, Start A Law Practice  

With stories like this, the concept of having a year in savings before starting a firm doesn't seem all that intimidating.

2017-03-15 10:17:57
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1 

The Only Gorsuch Surprise Is That Anyone Still Expects A Surprise  

The media may try and gin up controversy, but there's nothing to see here.

2017-03-15 09:40:21
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6 

Is T14 Dead? Is It T15? T13? Was T14 An Arbitrary Ranking All Along?  

Elie Mystal and Joe Patrice debate the significance and meaning of the "T14" law schools.

2017-03-15 09:20:38
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1 

ABA Techshow For Legal Tech Companies: Give Love To Get Love  

Social media, for building a reputation and relationships, is all about shining a light on others.

2017-03-15 06:37:18
`
1 

Everybody Else Is Reading This  

Ban On Head Scarves At Work Is Legal, E.U. Court Rules How Appealing At The Intersection Of Cancer Treatment And Technology, It's More Evolution Than Revolution MedCity News The SEC Is So Sued Dealbreaker The U.S. Tax Reform And The Energy Sector Breaking Energy

2017-03-15 05:50:15
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4 

Sun And Chatbots @ CodeX FutureLaw  

Columnist Monica Bay on her favorite conference of the year: CodeX FutureLaw 2017, at Stanford Law.

2017-03-15 05:48:28
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2 

Magic Circle Firm's Efforts To Boost Profitability Lead To Finance Practice Upheaval  

Former partners like to talk, anonymously.

2017-03-15 05:43:37
`
2 

Beware The Ides Of March (And LGBT Parental Roadblocks)  

If you are LGBT and want kids, it's time to call your local ART attorney, as well as your tax lawyer.

2017-03-15 04:52:35
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11 




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