Thursday, November 09, 2017

News and Notes

1.  As posted earlier, your two new magistrates are Lauren Louis and Bruce Reinhart.  Here's a little more about them from their law firm profiles:

Lauren Louis:

Lauren’s practice includes a broad spectrum of significant complex litigation matters, including professional malpractice, intellectual property disputes, antitrust violations, civil rights enforcement, employment law, and class action litigation. She represents both plaintiffs and defendants in federal and state courts across the U.S.

Lauren participates in internal and pre-suit investigations to analyze her clients’ civil and criminal exposure. Lauren is also designated by the U.S. District Court for the Southern District of Florida to serve as a Criminal Justice Act attorney, which allows her to represent indigent criminal defendants in Federal Court. Lauren was part of the trial team that represented Florida children on Medicaid, in which the firm appeared pro bono.

From November 2001 until July 2006, Lauren served as an Assistant U.S. Attorney in the Southern District of Florida, where she tried more than 25 jury trials, wrote approximately 30 briefs, and appeared twice to argue before the Eleventh Circuit.

And Bruce Reinhart:
Bruce E. Reinhart is a nationally recognized trial attorney and distinguished former federal prosecutor. Mr. Reinhart’s extensive experience includes having served as an Assistant United States Attorney in the Southern District of Florida for over 11 years, as Senior Policy Advisor to the Undersecretary for Enforcement at the U.S. Treasury Department, and as a Trial Attorney in the Public Integrity Section of the U.S. Department of Justice in Washington, D.C.

2. Amy Howe of SCOTUSBlog will be speaking today at the Federal Bar Luncheon. It's always a great talk.


3. Speaking of the Boies law firm, David Boies is in a little bit of hot water. From Slate:

Renowned liberal attorney David Boies represented Al Gore during the contested aftermath of the 2000 election and argued for marriage equality before the Supreme Court. Boies’ progressive legacy, though, is now in question in the wake of revelations about his involvement in the Harvey Weinstein scandal. In October, the New York Times reported that Boies, who represented Weinstein starting in 2015, was aware that the Hollywood mogul had settled with several women who’d accused him of sexual misconduct. Now, Ronan Farrow’s latest blockbuster in the New Yorker has raised the possibility that Boies helped abet a sprawling and costly conspiracy to cover up Weinstein’s misdeeds.

Farrow reports that in 2016, Weinstein enlisted Kroll, a corporate investigation firm, and Black Cube, a private intelligence agency, to try to stop outlets from publishing allegations of his sexual abuse. Kroll and Black Cube agents reportedly met with journalists and victims to obtain information and attempt to quash stories. Boies’ elite firm, which represented Weinstein, contracted with these companies, potentially adding a layer of attorney-client privilege to insulate Weinstein from the intelligence work he commissioned. Boies didn’t hand off all this work to associates. Farrow reports that the lawyer personally signed a contract “directing Black Cube to attempt to uncover information that would stop the publication of a [New York] Times story about Weinstein’s abuses.” Further complicating matters, he did so while his firm was representing the Times in a libel lawsuit.

Boies told Farrow that he didn’t think this was a conflict, explaining that he was doing the Times a favor by pushing the newspaper to vet its Weinstein coverage carefully. “If evidence could be uncovered to convince the Times the charges should not be published, I did not believe, and do not believe, that that would be averse to the Times’ interest,” he told the New Yorker.

This is pretty clearly nonsense. Legal ethics expert and Georgetown Law professor David Luban told us in an email that, at minimum, Boies could have run afoul of Rule 1.7 of New York’s rules of professional conduct, which bars lawyers from representing a client “if a reasonable lawyer would conclude that … the representation will involve the lawyer in representing different interests.” There are exceptions, but they require informed consent from both clients, which Boies did not provide to the Times. “We learned today that the law firm of Boies Schiller and Flexner secretly worked to stop our reporting on Harvey Weinstein at the same time as the firm’s lawyers were representing us in other matters,” the newspaper said in a statement. “We consider this intolerable conduct, a grave betrayal of trust, and a breach of the basic professional standards that all lawyers are required to observe. It is inexcusable and we will be pursuing appropriate remedies.”

More from Above The Law here.

Tuesday, November 07, 2017

Another ACCA case

Here's an interesting introduction by Chief Judge Carnes in U.S. v. Davis:
This is an ACCA “violent felony” issue case. So here we go down the rabbit hole again to a realm where we must close our eyes as judges to what we know as men and women. It is a pretend place in which a crime that the defendant committed violently is transformed into a non-violent one because other defendants at other times may have been convicted, or future defendants could be convicted, of violating the same statute without violence. Curiouser and curiouser it has all become, as the holding we must enter in this case shows. Still we are required to follow the rabbit.
So, who is the rabbit?  The rule of law?

Monday, November 06, 2017

** **BREAKING -- Lauren Louis selected as new magistrate in Miami

** **BREAKING -- Lauren Louis has been selected as the new magistrate in Miami.

And as noted below, Bruce Reinhart is the new mag in West Palm Beach.

**BREAKING -- Bruce Reinhart selected as new magistrate in West Palm Beach(UPDATED)

**BREAKING -- I am being told that Bruce Reinhart has been selected as the new magistrate in West Palm Beach.

I am still waiting to hear who got it in Miami.

UPDATE -- Lauren Louis has been selected as the new magistrate in Miami.

Shanieck Maynard investiture




Congrats to Shanieck Maynard on her investiture as Magistrate Judge in Ft. Pierce. 

The judges will be selecting two new magistrates today for West Palm Beach and Miami from this list:

Miami:

Lynn Kirkpatrick, Lauren Louis, Gera Peoples, Steven Petri, and Erica Zaron

West Palm Beach:

Panayotta Agustin-Birch, Celeste Higgins, Stephanie Moon, Steven Petri, and Bruce Reinhart


Thursday, November 02, 2017

Federal Bar Association Dinner

It was a big night at the South Florida Chapter of the Federal Bar Association last night.  Judge Donald Graham received the Ned Award, named after Judge Edward B. Davis.  It's a very prestigious honor and one that Judge Davis would be very proud that it was awarded to Judge Graham.  Also, Russell Koonin was installed as the new president of the organization.  Ben Brodsky is the outgoing president.  Here are some good pictures:




Wednesday, November 01, 2017

Give me a lawyer dog or Give me a lawyer, Dawg

Did the defendant say: Give me a lawyer dog or Give me a lawyer, Dawg.  According to the Supreme Court of Louisiana, the defendant could have wanted some sort of weird animal called a lawyer dog:
In my view, the defendant’s ambiguous and equivocal reference to a “lawyer dog”does not constitute an invocation of counsel that warrants termination of the interview and does not violate Edwards v. Arizona, 451 U.S. 477, 101 S.Ct.1880, 68 L.Ed.2d 378 (1981).
ABSURD!!

The memes from the case have been funny.  Here's one from Slate:


Tuesday, October 31, 2017

Here come the (conservative) judges...

While everyone is focused on the Manafort indictment, the Senate is about to confirm 4 conservative appellate judges.  From HuffPost:
Senate Majority Leader Mitch McConnell (R-Ky.) is finally giving conservative groups what they want: a huge push on judicial confirmations.

McConnell has teed up votes this week on four of President Donald Trump’s judicial nominees. That’s an incredible amount of activity on judges in one week. For some comparison, former Senate Majority Leader Harry Reid (D-Nev.) typically scheduled a vote on one nominee per week, at most.

“I never remember the Democrats ever doing anything comparable,” Carl Tobias, a University of Richmond law professor and an expert on judicial nominations, told HuffPost on Monday.

With little fanfare, this week is shaping up to be one of Republicans’ biggest boosts to Trump’s agenda since Supreme Court Justice Neil Gorsuch was confirmed in April.

All four nominees are young (in their late 40s and early 50s), conservative and up for a lifetime post on a U.S. circuit court ― one level below the Supreme Court. None got a single Democratic vote when they were reported out of the Senate Judiciary Committee. Two were recommended to Trump directly by the Federalist Society and the Heritage Foundation, both right-wing think tanks.

The Senate cleared a procedural step on Monday night for the first nominee in the batch, Amy Coney Barrett. She is now on track to be confirmed Tuesday to the U.S. Court of Appeals for the 7th Circuit.

Democrats have raised red flags with Barrett’s past writings on abortion, which include her questioning the precedent of Roe v. Wade and condemning the birth control benefit under the Affordable Care Act as “a grave infringement on religious liberty.” One Democrat, Al Franken (Minn.), called her out for taking a speaking fee from the Alliance Defending Freedom, a nonprofit that has defended forced sterilization for transgender people and has been dubbed a hate group by the Southern Poverty Law Center.

Trump’s other court picks getting votes include Joan Larsen, a nominee to the 6th Circuit Court of Appeals who is opposed by 27 LGBTQ advocacy groups and the Leadership Conference on Civil and Human Rights; Allison Eid, a nominee to the 10th Circuit Court of Appeals who is opposed by the AFL-CIO and the Leadership Conference on Civil and Human Rights; and Stephanos Bibas, a nominee to the 3rd Circuit Court of Appeals.