October 24, 2024

9th Circuit reduces Avenatti CA fraud sentence by at least four years

 In a remand order the 9th Circuit has held that his California fraud sentence must run concurrently with his four year sentence in New York. The court also ordered the trial court on remand to offset each victim’s loss by the fair market value of the services Avenatti performed.


Article by Meghan Cuniff.

https://www.legalaffairsandtrials.com/p/9th-vacates-avenattis-sentence-young?r=2co869&utm_campaign=post&utm_medium=web


August 5, 2024

What the fuck does any of this have to do with representing the interests of American lawyers?

 From Law360


The American Bar Association's policymaking body has recommended against including nondisclosure agreements as a condition of employment, and for legislation to be enacted that protects patients' access to "gender-affirming care."

Governments should enact laws blocking settlements that limit employees' ability to reveal harassment or discrimination in the workplace, while healthcare professionals should receive protection when providing gender-affirming care such as puberty-blocking medications, psychological treatment and hormone therapy, according to the resolutions adopted Monday by the ABA's House of Delegates.

"This resolution would allow the ABA to voice the importance of protecting access to gender-affirming care while condemning dangerous threats made against healthcare providers and their patients," the resolution reads.

The House of Delegates on Monday also adopted a resolution urging Congress to create and fund a national human rights institution, and it asks President Joe Biden to gather experts to help congressional leaders put the effort together by making recommendations for the new organization and how to fund it. The association's policymaking body also adopted a resolution that opposes legislation that either requires or allows for displaying the Ten Commandments in schools.

Other actions by the House of Delegates included approving resolutions that call for governments to adopt regulations and to enact laws that would both support private practices and programs that help ease the costs of medically necessary care for patients, and increase access to confidential prenatal and postpartum care for communities such as those that face greater odds of maternal mortality.

"The ABA should continue its proud history of supporting legislation and policies that support access to and decision-making in healthcare," reads the prenatal resolution.


What the actual fuck?  How does this advance the interests of practicing lawyers in the United States?  Also, who would possibly care what the ABA thinks regarding these issues?  At this point, you couldn't pay me to be associated with this organization.



July 20, 2024

Tan, Ready, Rested: PE is back!

 See May 29, 2024 post comments. Partner Emeritus. He’s 81 now. He’s done more terrible godlike things.




February 29, 2024

December 13, 2023

Why is Michael Cohen's lawyer in trouble?

 The cases he cited in support of the termination of his client's supervised release don't exist.

Another AI victim?

“As far as the Court can tell, none of these cases exist,” U.S. District Judge Jesse Furman wrote in a Tuesday order, which asks Schwartz to provide evidence the cases exist by next Tuesday or face sanctions.

https://www.politico.com/news/2023/12/12/michael-cohen-court-cases-00131435


UPDATE: https://jonathanturley.org/2023/12/30/ai-did-it-disbarred-michael-cohen-admits-to-filing-fake-case-citations-to-get-early-release-from-supervision/

December 11, 2023

Happy Pink Floyd Day!

 Hey everyone.  I guess this Fall was "my turn in the barrel" as I've had to defend 13 depositions (and counting).  I'm currently in a hotel in New England trying to prepare my last two witnesses not to lose our case.

Lifting my spirits is the fact that Pink Floyd dropped 18 live albums today.  Or at least I think it was today.  For the last 3 years Pink Floyd has dropped a large number of live albums in December.  In 2021 it was performances from 1971.  In 2022 it was 1972 and this year it's 1973.  I'm sure you're seeing a pattern here.

Interestingly, this is related to European copyright law.  The EU has a "use it or lose it" provision that provides that if an artist doesn't publish a copyrighted work within 50 years of its creation, the artist loses the copyright.  Thus, Pink Floyd has been dropping live albums every December without any fanfare and removing them from streaming services by February.  

These albums are from the Dark Side of the Moon era and also contain music from Obscured by Clouds (a very underrated album in my opinion).  They also played Echoes at these shows.  I'm totally looking forward to listening to 18 different versions of Echoes over the holidays.  If you're a fan of Pink Floyd, be sure to check out these albums on your favorite streaming service.  At the end of the year I'll have a poll for best performance of Careful with that Axe Eugene.

I was asked if I was available to defend a deposition next week and I told the lawyer that I'm working with that he could go fuck himself if he wanted me to spend another week on the road.  We're scheduling the deposition for January.

December 9, 2023

Which Law Firm Prepared Both Penn and Harvard for the disasterous Hearing on Antisemitism

 Wilmer Hale.

https://www.nytimes.com/2023/12/08/business/dealbook/wilmerhale-penn-harvard-mit-antisemitism-hearing.html


Steven Davidoff Solomon, a professor at the University of California, Berkeley, School of Law, said that the college presidents appeared to be “prepared to give answers in the court — and not a public forum.”

***

The responses immediately set off a flurry of criticism. A House committee opened an investigation into the three institutions, and a donor clawed back a large donation to Penn. A day after Wharton’s board of advisers called for Ms. Magill’s resignation, Wharton’s undergraduate executive board issued a statement on Friday in support of the change in leadership.


Update: #BREAKINGNEWS HARVARD PRESIDENT CLAUDINE GAY RESIGNS, SHORTEST TENURE IN UNIVERSITY HISTORY