![](http://library.vu.edu.pk/cgi-bin/nph-proxy.cgi/000100A/http/web.archive.org/web/20111028004203im_/http:/=2fs.wsj.net/img/b.gif)
Howard Bashman, on his How Appealing blog, found this gem of an opinion by Chief Judge Alex Kozinski of the Ninth Circuit, and now, LBers, we present it to you.
It begins:
This is a strange case. Its resolution hinges on the absence, as a factual matter, of something we must accept as a legalmatter. There are unlikely to be many more like it, so thisopinion’s precedential value is probably limited. We nevertheless publish pursuant to General Order 4.3. While we’re atit, we offer some advice to lawyers: Don’t apologize unlessyou’re sure you did something wrong. And there’s also a lesson for district judges: Don’t accept too readily lawyers’ confessions of error or rely on your own memory of whathappened. Trials are complicated and we sometimes misremember details. That’s why we have transcripts.
Lawmakers in Wisconsin are about to experience a growing trend in America firsthand. Under a policy being developed by Gov. Scott Walker, the public will be able to carry guns in most parts of the state capital, according to a report in the Milwaukee Journal-Sentinel.
Guns would be allowed on the floor of the Assembly and in its viewing galleries, but it would be . . . . .
U.S. District Judge Jed S. Rakoff in Manhattan, who has a history of challenging SEC settlements, is now questioning last week’s $285 million deal between the regulator and Citi over allegedly misleading mortgage-bond sales, our colleague Chad Bray reports.
Last week, the SEC said it had reached a pact in which Citigroup would pay $285 million to end civil-fraud charges related to a $1 billion mortgage-bond deal. But on Thursday, Judge Rakoff raised a few questions . . . . .
DLA Piper has gone outside its walls in search of someone to run its business abroad: former Linklaters managing partner Tony Angel, who, if approved in a parternship vote, could join the firm as co-global chairman as soon as Nov. 7.
Legal Week has a report on Angel’s hire here, and click here for a Reuters story on the action. In conversations with Law Blog, two people familiar with the matter confirmed that DLA’s partnership is poised to approve Angel . . .
Avon Products’ three-year internal investigation of possible bribery by its employees has turned external.
The internal probe has uncovered millions of dollars of questionable payments to officials in China, Brazil, Mexico, Argentina, India and Japan that may have violated the Foreign Corrupt Practices Act, the Journal reported in May.
The company said Thursday the Securities and Exchange Commission is formally investigating for possible FCPA violations. The WSJ has the story here.
Avon said in a regulatory filing Thursday that it was advised that “a formal order of investigation” was issued by the SEC relating to the Foreign Corrupt Practices Act matters . . .
There have been doubts about the strength of the government’s case against former presidential candidate John Edwards. But as an initial matter, the charges withstood five motions to dismiss filed by Edwards’ attorneys. The AP has the story here.
U.S. District Court Judge Catherine C. Eagles in Greensboro denied the motions Thursday, paving the way for Edwards to stand trial in January for allegedly using campaign funds to cover up an affair he had during his unsuccessful bid for the White House and then submitting false campaign-finance reports to cover his tracks. He has pleaded not guilty. . .
If you’re interested finding the city in this country where your lawyer’s salary can do the most damage, the National Association for Law Placement has a new index that’s worth a glance.
The so called “Buying Power Index” was calculated using New York City’s median reported private-practice salary for the class of 2010 and cost of living as the benchmark. The group calculated the BPI for 70 cities for which at least 15 law firm salaries were reported and for which cost-of living information was available.
Dallas ranked first in buying power, with a median salary of $150,000. Based on cost-of-living data, an associate in Dallas who makes $67,870 would have the same buying power as their counterpart in New York. . .
Attacking the insider culture: Rajat Gupta, once one of America’s most-respected corporate directors, was indicted on six criminal counts in an insider trading case.
In this A1 story, the WSJ takes a step back and looks at the culture that prosecutors say motivated Gupta and a raft of others to act criminally, describing “a lifestyle where inside tips are the currency of friendships and elite business relationships.”
Gupta, through his lawyer, Gary Naftalis, denied wrongdoing. More Law Blog coverage on the Gupta case here, here and here.
Paul Clement, thrill seeker: NYT has an A1 profile of the former SG, who despite his relative youth — he’s 45 — ranks eighth among active lawyers in the number of Supreme Court appearances.
It’s been a heady day, what with the Gupta indictment and PETA once again equating animals (this time, Killer Whales) with slaves.
So let’s wind down with some intellectual property news involving the world’s most esteemed maker of red-soled women’s shoes, Christian Louboutin.
The French shoemaker gained a powerful ally yesterday in his trademark infringement case against Yves Saint Laurent.
Why does he need help in the first place? Well, a federal judge in August denied Louboutin’s bid for a preliminary injunction that would have prevented YSL from selling the red-soled shoes from its 2011 resort collection. . .
The following is an excerpt of a post by our colleague in Washington, Jess Bravin, that originally ran on WSJ’s Washington Wire.
In his 2004 book, “Scalia Dissents,” Kevin A. Ring explored American law as seen by “the Supreme Court’s Wittiest, Most Outspoken Justice.” Now Mr. Ring will have a chance to form his own impressions of the justice system—from the inside.
On Wednesday, Mr. Ring was sentenced to 20 months in federal prison for his role in the Jack Abramoff corruption conspiracy, where the high-powered ex-lobbyist funneled trips, meals and other goodies to people in the Bush administration and on Capitol Hill. . .
The Law Blog covers the hot cases, emerging trends and big personalities that get the legal community talking. Lead writer Joe Palazzolo has spent the past five years covering lawyers and law firms, the U.S. Department of Justice, anticorruption enforcement, and the federal courts. He discovered early on that the best stories either start in the courtroom or lead there. Follow Joe on Twitter @Joe_palazzolo. If you have a comment or a tip, write him at joe.palazzolo@wsj.com or get in touch with lawblog@wsj.com