- Another day, another lawsuit charging a social media company with material support for terrorism. This time it’s Twitter and IS attacks in Paris, Brussels [Benjamin Wittes, Lawfare; Tim Cushing, Techdirt] More: And yet another (Dallas police officer versus Twitter, Facebook, and Google; listed as one of the filing attorneys is 1-800-LAW-FIRM, no kidding, complaint h/t Eric Goldman);
- “Woman Sues Chipotle for $2 Billion for Using a Photo of Her Without Consent” [Petapixel]
- “Hot-Yoga Guy and His Cars Are Missing” [Lowering the Bar, earlier]
- From Backpage.com to unpopular climate advocacy, state attorneys general use subpoena power to punish and chill [Ilya Shapiro]
- Dept. of awful ideas: California assemblyman proposes registry of hate crime offenders [Scott Shackford]
- But oh, so worth it otherwise: “Not one Kansas state senator is a lawyer, making compliance with obscure statute impossible” [ABA Journal]
You’ve probably seen the “Donald Trump represented on ethics issue by Russian law firm of the year” story. And if you paid it only fleeting attention, you may not have recognized it as a classic instance of outrage clickbait fluff.
The firm turns out to be the venerable and far-flung firm of Morgan Lewis & Bockius, eighth largest in the U.S. and thirteenth largest in the world, per the American Lawyer rankings. Sheri Dillon, a tax specialist associated with Morgan’s Washington, D.C. office, was on hand at the press conference to assist Trump in his presentation on conflict of interest avoidance. Typical of BigLaw firms, Morgan employs much high-level legal talent — Texas Senator Ted Cruz practiced there — and represents all sorts of figures in public life and the political world. Not unusually for a world BigLaw leader, Morgan has an office in Moscow among its dozens of other offices worldwide; that outpost won plaudits for its success by one private group that rates lawyers.
As Snopes soon found, “Donald Trump is not the only high-level politician to have engaged the services of Morgan Lewis. In October 2016, Hillary Clinton used the firm” to help vet potential appointees. The Barack Obama campaign also used Morgan’s services.
Outfits that saw fit to treat this tale as important news included CNN, The Daily Beast, The Week (“Just let that sink in for a second”), The Independent, and many more. In some cases, publications circled back with rewrites as word began to get out that it might be sort of a non-story after all: whatever interesting connections there might be between Trump and Russia, this wasn’t one of them. In the meantime, the story had gotten countless thousands of outrage-shares.
For a somewhat similar instance of randomly connecting BigLaw dots in a wildly misleading way that failed to go viral — it concerned the firm of Sutherland, Asbill, and Brennan, also known for its tax expertise — see this 2013 post.
Please update your mental image of Scandinavian policy: “Being more like modern Sweden actually means deregulation, free trade, a national school voucher system, partially privatized pensions, no property tax, no inheritance tax, and much lower corporate taxes. Sorry to burst your bubble, Bernie.” [Johan Norberg, Reason; Daniel Mitchell, Cato]
- Do behavioral economists acknowledge policymakers’ own foibles? Not often it seems [Niclas Berggren via Bryan Caplan]
- China, not unlike our own attorney general-environmentalist alliance, is cracking down on the work of what it deems ideologically harmful nonprofits [ABA Journal]
- Barking mad: new ABA ethics proposal would deem it professional misconduct for lawyers to discriminate on various grounds, including “socioeconomic status,” in choosing partners, employees and experts [Eugene Volokh, Sara Randazzo/WSJ Law Blog]
- Virginia still has a law requiring annual safety inspection of your car, and it’s still a bad idea [Alex Tabarrok]
- Court in Canadian province of New Brunswick rules against honoring will that left estate to racist group [CBC]
- From the left, Paul Bland sees Monday’s Supreme Court decision in Spokeo v. Robins as a big loss for business defendants [Public Justice, earlier] Contra: Andrew Pincus, plus more from WLF.
On “Wednesday the American Bar Association joined others in asking federal lawmakers to reconsider the [Labor Department’s] revised rule [requiring more extensive disclosure of the identities of outside professionals hired to resist unionization, as well as other clients of those professionals]. Although there are a number of ways in which the rule is ‘deeply flawed,’ the overarching concern of the ABA is the negative impact it will have on attorney-client privilege, says ABA President Paulette Brown in written testimony (PDF) submitted for a Wednesday hearing by a U.S. House subcommittee.” [ABA Journal, BNA, earlier]
The Japanese government made a concerted effort to boost the number of lawyers, but there is little for them to do in the famously unlitigious country and many have seen their incomes stagnate [Mitsuru Obe, Wall Street Journal]
Bringing a restrained and tasteful approach to your DUI case:
Inside baseball on injury claims and how they’re evaluated and resolved — note the importance of jurisdiction and of type of injury, for example — from our Maryland plaintiff’s lawyer friend Ronald Miller.
The study has a wealth of findings regarding lawyers’ ideological leanings by state, by practice area (energy, mergers and acquisitions, and litigation defense are relatively conservative; civil rights, employment, and personal injury are relatively liberal, as one might predict, but are outflanked on the left by entertainment law). Grads of all top law schools lean left, but those of Berkeley, Stanford, and Chicago more so than Yale, Harvard, and Columbia.
Some of Tyler Cowen’s observations from the survey:
We learn also that female attorneys are considerably more liberal than male attorneys, but the number of years of work predicts a conservative pull. Being a law firm partner also predicts views which are more conservative than average. If you consider “Big Law” attorneys, while they are overall to the Left, they are more conservative on average than the cities they live in, such as NYC or Los Angeles. Lawyers in Washington, D.C. are especially left-leaning. … Public defenders are far more left-leaning than prosecutors, though prosecutors are still more left-leaning than lawyers as a whole.
And Ira Stoll:
The authors point out that lawyers not only control the judicial branch of government, but that they are also overrepresented in Congress and among the presidents. The leftward tilt among the press and academia is a common complaint among conservatives. Conservatives sometimes complain about trial lawyers or the tort bar, too. But one doesn’t often hear talk about the overall leftward tilt of the legal profession, a trend highlighted by this paper.
Meanwhile, the practice area that exceeds all others in its leftward lean? Legal academics. (More on that in my recent book Schools for Misrule.) Related to which, Prof. Nicholas Quinn Rosenkranz writes of being one of three openly right-of-center members on the 120-member Georgetown Law faculty: “The consensus seems to be that three is plenty — and perhaps even one or two too many.” [“Intellectual Diversity in the Legal Academy,” Harvard Journal of Law and Public Policy last year, via Scott Douglas Gerber, Chronicle of Higher Education]
New York attorney Todd C. Bank “sued Uber Technologies Inc. over its robocall campaign attacking New York Mayor Bill de Blasio over his proposal to limit the number of drivers.” Mr. Bank bills himself as the “Annoyance Lawyer.” Isn’t that term generic by now? [Bloomberg]