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Fewer entry-level positions in most job categories for 2017 law grads, new ABA data shows

Posted by on Apr 21, 2018 in Elder Care | Comments Off on Fewer entry-level positions in most job categories for 2017 law grads, new ABA data shows

Careers

job search

Entry-level hiring has decreased at law firms, in the government and public interest arenas, and in academia, according to employment data released Friday by the ABA Section of Legal Education and Admissions to the Bar.

According to the data, 26,293 members of the class of 2017 had long-term, full-time jobs that require law degrees or are considered “JD advantage” positions roughly 10 months after graduation. For the class of 2016, there were 26,923 members who had long-term, full-time jobs in those categories—630 more than last year.

There is a slight percentage increase of of graduates in those positions—from 72.6 percent in 2016 to 75.3 percent in 2017—but that’s because of a 6 percent decrease in the size of the graduating class, according to an ABA news release.

This year’s data includes data tables by year.

The year-over-year percentage decreases in jobs for the class of 2017 by type:

    • Academia: 18 percent decrease.
    • Business and industry:15.4 percent decrease.
    • Government: 5.7 percent decrease.
    • Law firms: 2.3 percent decrease.
    • Clerkships: 1.9 percent decrease.
    • Public interest: 1.2 percent decrease.

Focusing only on long-term, full-time, JD-required jobs for the class of 2017 (and removing solo practice jobs) there’s a 1.2 percent increase from 2016, says Bernard Burk, a former assistant professor at the University of North Carolina School of Law. Burk recently spoke about the job market for new law school graduates at a summit sponsored by Florida International University College of Law.

“I would predict that the number of entry-level law jobs will continue to grow roughly proportionate to the gross domestic product, which is basically flat​,” says Burk, a former litigation partner with Howard Rice (which is now Arnold & Porter).

A total of 24,008 members of the class of 2017, or 68.7 percent, had jobs that require bar passage, including jobs that are not long-term or full-time, according to the data. Comparatively, out of the class of 2016, a total of 23,928 members, or 64.5 percent, had jobs that required law degrees, the ABA online table said.

There was a 21.7 percent decrease in the number of all entry-level JD-advantage jobs between 2016 and 2017, according to the data.

Much has been said in the past year about an increase in law school applicants, sometimes referred to as a “Trump bump.” If law schools increase their class sizes now, Burk says, employment outcomes will likely deteriorate proportionately, with perhaps a few exceptions for stronger schools.

“The job market for entry-level lawyers is 25 percent smaller than it was 10 years ago, and we are in the midst of a very strong economy. There is no reason to believe that the number of entry-level ​law jobs ​will increase any faster than the economy grows, which is roughly 2 percent a year,” he says. “Anybody who tells you that the job market for entry-level lawyers is good​ or is getting much better ​is wrong. There is no intellectually honest argument for that.”


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7th Circuit blocks disability abortion ban; partial dissent labels the procedure a ‘super-right’

Posted by on Apr 21, 2018 in Elder Care | Comments Off on 7th Circuit blocks disability abortion ban; partial dissent labels the procedure a ‘super-right’

Constitutional Law

A federal appeals court has upheld a permanent injunction blocking an Indiana law that banned abortions based on race, sex, ancestry, Down syndrome or other genetic disorders.

The Chicago-based 7th U.S. Circuit Court of Appeals ruled Thursday, report the Indianapolis Star, the Indiana Lawyer and Reuters. How Appealing links to the decision.

“The provisions prohibit abortions prior to viability if the abortion is sought for a particular purpose,” Judge William Bauer wrote in the majority decision. “These provisions are far greater than a substantial obstacle; they are absolute prohibitions on abortions prior to viability which the Supreme Court has clearly held cannot be imposed by the state.”

In a partial dissent, Judge Daniel Manion said he agreed that the law violates Supreme Court precedent, though he would have upheld a provision requiring abortion clinics to bury or cremate fetal remains. He went on to criticize the precedent that required the court to strike down the discrimination provisions.

The Supreme Court case of Planned Parenthood v. Casey “treats abortion as a super-right, more sacrosanct even than the enumerated rights in the Bill of Rights,” Manion wrote. “The purported right to an abortion before viability is the only one that may not be infringed even for the very best reason. For an unenumerated right judicially created just 45 years ago, that is astounding.”

Vice President Mike Pence signed the bill into law in March 2016 when he was governor of Indiana.


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Riley Safer names managing partner who may be the first black female to lead a national law firm

Posted by on Apr 21, 2018 in Elder Care | Comments Off on Riley Safer names managing partner who may be the first black female to lead a national law firm

Law Firms

PatriciaBrownHolmes750

Patricia Brown Holmes/Photo by Wayne Slezak.

Riley, Safer, Holmes & Cancila has named co-founder Patricia Brown Holmes as its first managing partner in what may be a precedent-setting appointment, according to the law firm.

Holmes, an African-American female, may be the first black woman to lead a national law firm of more than 50 lawyers that is not women- or minority-owned, according to a press release. The American Lawyer and Law360 have stories.

Other minority females leading law firms include include Faiza Saeed, who became Cravath, Swaine & Moore’s presiding partner in 2016, and Graciela Gomez Cowger, who became CEO of Schwabe, Williamson & Wyatt last year, according to The American Lawyer.

“To be the first to shatter the glass ceiling, I think, is an enormous responsibility,” Holmes told The American Lawyer. “But I’m hopeful that what it means is that fairly soon, in the next five to 10 years, it’s commonplace.”

Riley Safer was created in 2016 with lawyers from Schiff Hardin. Riley Safer now has 73 lawyers. Fifty-two percent are women and 29 percent are minorities.

Holmes is a former Cook County, Illinois, judge and prosecutor, and is currently serving as a special prosecutor for Cook County in a case accusing three police officers of a cover-up in the fatal shooting of 17-year-old Laquan McDonald.

She told the ABA Journal in a feature last December about a battle with lymphoma after being told in 1999 that she might have only six months to live. “I tend to be tenacious and determined,” Holmes said. “I didn’t accept the prognosis. I assessed the situation and found ways to fight.”


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Ex-Dolphins cheerleader files complaint claiming religious and gender discrimination

Posted by on Apr 21, 2018 in Elder Care | Comments Off on Ex-Dolphins cheerleader files complaint claiming religious and gender discrimination

Labor & Employment

Former Miami Dolphins cheerleader Kristan Ann Ware filed a complaint against the team and the NFL earlier this month claiming she was discriminated against because of her religion and gender.

Ware’s complaint with the Florida Commission on Human Relations said she was subjected to a hostile work environment, ESPN reported, and that as a cheerleader she was held to different standards than players regarding social media and outward expression of her Christian beliefs. Ware was a cheerleader with the team for three seasons through 2017.

According to Law360, Ware said in her complaint that cheerleading director Dorie Grogan, other coaches and squad representatives harassed her after she posted a photo of her baptism on social media during the 2016 off-season.

The Washington Post reported Ware told her teammates during a bus trip conversation that she intended to remain a virgin until marriage because of her religious beliefs. Ware’s complaint said Grogan then told her she could talk about her virginity in private but never around the team. According to the complaint, when Ware told Grogan she shared the personal information only when asked, Grogan interrupted her and said: “As far as we are concerned, you have taken something that was once upon a time pure and beautiful, and you’ve made it dirty.”

Ware’s complaint claims that while both cheerleaders and football players represent the Dolphins, only players can express their religious beliefs in any manner they choose—via social media or even on-field prayer—without censorship or discipline. Ware said when she wrote a post for the team blog, it was edited to remove religious references.

“The NFL and all NFL member clubs support fair employment practices,” league spokesman Brian McCarthy said in a statement. “Everyone who works in the NFL, including cheerleaders, has the right to work in a positive and respectful environment that is free from any and all forms of harassment and discrimination and fully complies with state and federal laws.”

In a statement, the Dolphins said: “We are seriously committed to providing a positive work environment for everyone associated with the organization. We hold every member of our organization to the same standards and do not discriminate as it relates to gender, race and religious beliefs.”

Sara Blackwell, Ware’s attorney, told Law360 that it was “not abnormal” for NFL cheerleaders to face harassment and discriminatory policies. Blackwell also represents former New Orleans Saints cheerleader Bailey Davis, who filed an Equal Employment Opportunity Commission complaint last month, Law360 reported. Davis claims she was discriminated against when the Saints fired her over an Instagram post in which she was wearing an outfit the team claimed violated its rules and rumors she had been at the same party as a player.

Players have no rules about social media postings and are not punished for violating the team’s anti-fraternization policy, her complaint alleges.

The goal of Ware’s complaint is to get the Dolphins and NFL to revise their rules and enforce existing anti-discrimination and harassment rules, Blackwell told Law360.


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LeBron James hit with trademark suit over his barbershop-based web series

Posted by on Apr 21, 2018 in Elder Care | Comments Off on LeBron James hit with trademark suit over his barbershop-based web series

Trademark Law

LeBron James and his multimedia platform, Uninterrupted, were sued by a Detroit barbershop that claims trademark infringement over the NBA star’s web series.

The lawsuit was filed Monday in the U.S. District Court for the Eastern District of Michigan by Sebastian Jackson, owner of the The Social Club Grooming Co. He says the concept for James’ web series,
The Shop, is his own. Courthouse News Service, Law360 and the Washington Post also have stories.

Jackson says in his suit that the Social Club is “a dual-purpose barbershop and content studio whose mission, in addition to providing haircuts, is to support cultural discussion, building community, personal growth and diversity.”

Jackson says that out of this business he created the Shop Talk concept, a program “where guests consist of local and national celebrities who share their business success stories and other insights while getting their hair cut.” He trademarked Shop Talk through his company, Adventure Enterprises, in 2016.

According to the lawsuit, Jackson started pitching the idea to Uninterrupted executives in 2014, seeking to partner with the multimedia platform. The discussions lasted until December 2016, when Uninterrupted aired the first episode of The Shop on James’ website “without Adventure Enterprises’ knowledge or consent.”

Jackson claims in his suit he was told by an associate of the defendants that James’ show was a “one-time thing.” However, two more episodes of The Shop have since aired, even though Jackson sent the defendants a cease-and-desist letter last August.

Adventure Enterprises seeks an injunction that prevents James and Uninterrupted from using the “confusingly similar” mark.

In addition to trademark infringement, the lawsuit alleges service-mark infringement, unfair competition, false advertising, conversion and conspiracy.

The suit comes weeks after James sent an infringement letter to the University of Alabama raising concerns about its Shop Talk web series’ similarities to The Shop. The University of Alabama renamed its series Bama Cuts after the first episode.


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Rudy Giuliani joins Trump’s legal team along with 2 other lawyers

Posted by on Apr 20, 2018 in Elder Care | Comments Off on Rudy Giuliani joins Trump’s legal team along with 2 other lawyers

Careers

Rudy Giuliani says he has joined President Donald Trump’s legal team and is taking a leave of absence from Greenberg Traurig to handle the job.

Giuliani told the Washington Post why is joining the team dealing with the probe by special counsel Robert Mueller. “I’m doing it,” he said, “because I hope we can negotiate an end to this for the good of the country and because I have high regard for the president and for Bob Mueller.”

Giuliani served two terms as mayor of New York and is a former Manhattan U.S. Attorney. He told the Post he would work with Trump lawyers Jay Sekulow and Ty Cobb.

Giluiani is joining the legal team along with former federal prosecutors Jane Serene Raskin and Marty Raskin, report Politico and the Wall Street Journal. Their law firm handles white-collar criminal defense work.


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Multistate Bar Exam average score drops to apparent new low

Posted by on Apr 20, 2018 in Elder Care | Comments Off on Multistate Bar Exam average score drops to apparent new low

Bar Exam

bar exam

Compared to last year, there were 5 percent fewer test-takers for the February 2018 multistate bar exam, and the average score decreased from last year’s 134.1 to 132.8, according to information released Wednesday by the National Conference of Bar Examiners.

The average February 2018 score of 132.8 was an “all-time record low in test history,” Pepperdine School of Law professor Derek Muller wrote at his blog Excess of Democracy. Jurisdictions are currently grading written portions of the exams, the NCBE reported in a press release.

Of the 21,111 people taking the February 2018 MBE, 30 percent were presumed first-time test takers, and the average score for that group was 135. For the February 2017 exam, the average score for presumed first-time test takers was 135.3. (The presumption is based on analysis of biographic data from administrations of past exams, NCBE says.)

For February 2018 repeaters, the average MBE score was 132. That represented a 1.7-point decrease for that group from last year, according to the NCBE, and that result drove the change in the overall February 2018 MBE mean.

See also: What do falling bar-passage rates mean for legal education—and the future of the profession?


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7th Circuit upholds nationwide injunction barring grant holdbacks for sanctuary cities

Posted by on Apr 20, 2018 in Elder Care | Comments Off on 7th Circuit upholds nationwide injunction barring grant holdbacks for sanctuary cities

IMMIGRATION LAW

7thUSCircuitSeal

Wikimedia Commons.

A federal appeals court on Thursday upheld a nationwide injunction that barred the U.S. Justice Department from withholding public safety grants from sanctuary cities that don’t cooperate in immigration enforcement.

The Chicago-based 7th U.S. Circuit Court of Appeals ruled in a suit by the city of Chicago, report Politico, BuzzFeed News, the Chicago Sun-Times and Law360.

The panel decision upheld a preliminary injunction issued last September by U.S. District Judge Harry Leinenweber. He had enjoined two new restrictions placed on the grants in July by Attorney General Jeff Sessions.

The first generally required cities to give federal agents 48 hours’ notice before people suspected of immigration violations were released from jail. The second said cities had to provide local jail access to immigration agents.

“The attorney general in this case used the sword of federal funding to conscript state and local authorities to aid in federal civil immigration enforcement,” Judge Ilana Rovner wrote in her majority opinion. “But the power of the purse rests with Congress, which authorized the federal funds at issue and did not impose any immigration enforcement conditions on the receipt of such funds.”

Judge Daniel Manion concurred in the judgment, but wrote a partial dissent saying he disagreed with the nationwide scope of the injunction.


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Inspector general reportedly referred McCabe findings to federal prosecutors

Posted by on Apr 20, 2018 in Elder Care | Comments Off on Inspector general reportedly referred McCabe findings to federal prosecutors

Criminal Justice

Former FBI Deputy Director Andrew McCabe/Shutterstock.com.

Justice Department Inspector General Michael Horowitz has reportedly referred to federal prosecutors his findings on alleged inaccurate statements by fired FBI Deputy Director Andrew McCabe.

Unnamed sources tell the Washington Post that the findings were referred to the U.S. attorney’s office in Washington, D.C., to determine whether a federal prosecution is warranted.

The Post says the referral “occurred some time ago” and it’s not clear how the U.S. attorney’s office responded.

Horowitz had found that McCabe lied four times to the FBI director or investigators, including three times under oath. The alleged inaccurate statements were made during a probe into whether McCabe authorized a leak to the Wall Street Journal about an investigation involving the Clinton Foundation.

The intent of the leak was to rebut a narrative that questioned McCabe’s impartiality in overseeing FBI investigations involving former Secretary of State Hillary Clinton, according to Horowitz’s report.

McCabe has said he was authorized to share information with reporters, and he answered questions “as truthfully and accurately” as he could “amidst the chaos” surrounding him.


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Ex-Playboy model settles suit claiming faulty lawyering nixed her deal to remain silent on Trump

Posted by on Apr 20, 2018 in Elder Care | Comments Off on Ex-Playboy model settles suit claiming faulty lawyering nixed her deal to remain silent on Trump

Trials & Litigation

Karen McDougal. Photo by Toglenn, via Wikimedia Commons.

A former Playboy model reached a settlement with the publisher of the National Enquirer on Wednesday allowing her to go public with allegations of an affair in 2006 with President Donald Trump.

Karen McDougal won’t have to return the $150,000 she was paid by American Media Inc., the New York Times reports. But the company has the right to be paid up to $75,000 in any future profits McDougal makes from her story. The Washington Post and the Wall Street Journal also have stories on the settlement.

AMI chairman David Pecker, is friends with Trump. The August 2016 “catch and kill” contract paid McDougal for the exclusive right to her story, which was never published.

AMI had previously amended the deal, in November 2016, to allow McDougal to respond to “legitimate press inquiries” about Trump.

McDougal had claimed in her suit that she had no obligations under the contract because of alleged failures by her lawyer—who had notified Trump’s lawyer, Michael Cohen, about the deal, even though Trump was not a party. McDougal said she believed the contract called for publication of her fitness columns, and her lawyer didn’t tell her that the fine print didn’t obligate AMI to run the articles.

AMI began publishing McDougal’s columns after the Wall Street Journal revealed the contract in a November 2016 story.

Anonymous sources told the Times that materials seized in the FBI’s April 9 raids of Cohen’s office, home and hotel room included information about AMI and the McDougal lawsuit.


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