The BLT: The Blog of Legal Times

The Morning Wrap

More Jobs: The legal industry in December picked up 800 jobs, The Am Law Daily reports.

Sharon Condolences: President Barack Obama and other U.S. leaders were cautious in the condolences they offered for former Israeli Prime Minister Ariel Sharon who died Saturday, POLITICO reports. Statements about Sharon have to be "tactful about using words like 'bold' and 'courageous,' so that nobody gets the feeling that this is a too-clever-by-half insinuation that we wish he were here today," said Washington Institute for Near East Studies senior fellow David Pollock.

Neiman Breach: Some customers of Neiman Marcus Group Ltd. had their payment card information stolen and fell victim to unauthorized purchases due to a cyber attack, The Associated Press reports. The luxury retailer confirmed the breach Saturday.

This Week in The National Law Journal

Pro Bono Hot List: Which attorneys stand out for the time they volunteered for nonprofit causes in 2013? The National Law Journal takes a look in its annual pro bono report.

Courts Join NSA Fight: The U.S. Supreme Court may have to rule upon the National Security Agency's data gathering after two federal judges came to such widely different conclusions about the agency's telephone surveillance program in December, Andrew Ramonas, Todd Ruger and Tony Mauro report.

Of Bandmates and Bad Blood: The desire to prevent former bandmates from trading on past rock and roll glory is driving two similar federal trademark cases, Sheri Qualters reports.

John Marshall Law Has Its First Skadden Fellow: Karen Sloan reports on how Sarah Hess beat the odds.

The Morning Wrap

Stronger Economy: Federal Reserve Chairman Ben Bernanke on Friday painted a sunny picture for the U.S. economy in 2014, saying that numerous obstacles to growth in the past year seem to be subsiding, The Associated Press reports.

Federal Circuit: The U.S. Court of Appeals for the Federal Circuit is bracing for a flood of appeals in 2014, The Recorder reports.

BlackBerry Suit: BlackBerry Ltd. has sued Ryan Seacrest's Typo Products LLC, claiming the "American Idol" host's company copied designs for a keyboard case, Bloomberg reports.

Smithsonian Goes to Court Over Bugs

The Smithsonian Institution has an insect problem. Not the kind that requires an exterminator, though—this one involves lawyers.

The Smithsonian wants a federal judge to alter the terms of an endowment left by Carl Drake, a professor of entomology and zoology who became a researcher at the Smithsonian in the late 1950s. The institution filed a petition in the U.S. District Court for the District of Columbia on Dec. 30.

When Drake died in 1965, he left a collection of an order of insects known as hemiptera-heteroptera to the Smithsonian, as well as an endowment designated primarily for buying more bugs.

The Morning Wrap

Lawful: A federal judge in New York ruled Friday that the Nation Security Agency's gathering of information about all telephone calls placed in, to and from the United States is lawful, the New York Law Journal reports. U.S. District Judge William Pauley III concluded in American Civil Liberties Union v. Clapper that the NSA's telephony metadata program is reasonable under the Fourth Amendment, given the "horrific" consequences of international terrorism as shown on Sept. 11, 2001.

Dismissed: A federal judge in New Orleans has thrown out nearly all remaining lawsuits against the federal government for damages that resulted from levees and floodwalls that failed during Hurricane Katrina in 2005, The Times-Picayune reports.

Signing Up: More than 1 million people have signed up for health insurance through the troubled Healthcare.gov, The Associated Press reports.

Protester's Claim of Unlawful Arrest for Profanity Can Proceed

An Occupy D.C. protester who claims he was unconstitutionally arrested for using profanity can proceed with his claims, a Washington federal judge ruled.

U.S. District Judge Ketanji Brown Jackson yesterday denied the government’s bid to dismiss claims against three U.S. Park Police officers. Based on facts alleged in the complaint, the judge said no officer would have reasonably found probable cause to arrest the protester, Anthony Michael Patterson, for disorderly conduct.

Jackson highlighted the First Amendment's protection of profanity. She said there was no evidence in Patterson's complaint that his speech risked provoking violence—one of the standards spelled out in the D.C. Code for disorderly conduct arrests.

The Morning Wrap

Colorado Shooting: A 17-year-old student is in a coma after she was wounded in a shooting Friday at a Colorado high school, CNN reports. Authorities said Claire Davis was the only person classmate Karl Pierson wounded before he killed himself.

Fee Shifting: The U.S. Court of Appeals for the Federal Circuit may relax fee shifting before patent litigation reform makes its way through Congress or the U.S. Supreme Court takes up a related issue in February, The Recorder reports.

Security Risks: President Barack Obama faced a variety of unusual security risks and uncertainties during the memorial service for South African President Nelson Mandela, showing that the U.S. Secret Service was at the mercy of South African authorities, The Associated Press reports.

After Acquittal on Piracy, Jury Hangs on Remaining Charges

A Washington federal district judge today declared a mistrial in the prosecution of a Somali man accused of aiding high-seas pirates. The jury in November acquitted Ali Mohammad Ali of piracy—the most serious of the crimes he was charged with—and, after more deliberations, deadlocked on two lesser charges.

Ali was sent back to jail following today's announcement of a mistrial in U.S. District Court for the District of Columbia. The government has the option of retrying Ali on the lesser charges of hostage-taking that were the subject of the mistrial, but not the piracy charge. The next court hearing is scheduled for Dec. 18.

In late 2008, according to court filings, pirates seized a ship in the Gulf of Aden close to the Horn of Africa. The ship's owner paid a $1.7 million ransom for the ship's release. Ali was accused of boarding the ship two days after the attack and serving as the pirates' negotiator.

Lawsuit Challenges Admission Policy to D.C. Federal Court Bar

An advocacy group for lawyers is challenging how the U.S. District Court for the District of Columbia admits out-of-state lawyers to the court's bar.

The National Association for the Advancement of Multijurisdiction Practice, a public benefit corporation based in Los Angeles, filed a complaint on Dec. 10 in the federal trial court in Washington challenging the rules for out-of-state lawyers. The association claims a rule limiting which lawyers can waive in—based on what other bars they belong to—is discriminatory.

The federal court in Washington allows lawyers to waive in if they belong to a federal court bar that allows members of the D.C. court to waive in. According to the court's website, 25 of the 94 U.S. district courts nationwide offer reciprocal admission to members of the D.C. court's bar. The 25 courts are located in 15 states.

'Tis the Season for Homeless Clothing Drive

This Friday is the day for the annual clothing drive for the homeless, sponsored by the lawyer-led Gifts for the Homeless, Inc. Volunteers at firms around the city will be gathering donations from colleagues and delivering them to a central sorting and distribution point in Southwest D.C.

Last year, according to the non-profit organization, more than 300 volunteers processed more than 4,000 bags of gently-used clothing and other items, including blankets. All were delivered to homeless shelters in D.C., Maryland and Virginia. Money donations are also accepted, and with no paid staff and no overhead, 100 per cent of the money donated goes to purchase new clothing for the homeless.

Gifts for the Homeless was founded in 1986 by law firms and law-related businesses. Since its inception, through the clothing drive and its annual battle of law firm bands, it has raised more than $3.5 million. The National Law Journal is one of many sponsoring organizations.

"Reduced government spending at all levels disproportionately affects the homeless, as well as others who need help," says Foley & Lardner partner Joseph Edmondson Jr., who heads up the clothing drive. "We hope that the D.C. legal community will step up and help out those who are less fortunate." Edmondson said the greatest need this year, as in the past, is for warm clothing for men and children.