Carl Cecere
@CecereCarl
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Owner, Cecere PC. Supreme Court and appellate advocacy.
Joined February 2014
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Pinned Tweet
@KannonShanmugam
, I’m at a complete loss for words, which is, you know, ironic.
I’m not sure there’s anyone out there who is writing better amicus briefs these days than
@CecereCarl
. This one, in our case on New York’s double-taxation scheme for intangible income, is well worth a read.
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I buried my mother yesterday after she succumbed to cancer. She was my rock. My solid ground. Your thoughts and prayers would be appreciated.
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Today, SCOTX ruled 8-1 in favor of my client on a legal position that he was sanctioned for advancing in the trial court.
Numerous judges thought his argument was frivolous. But it was actually correct.
This is among the most gratifying wins of my career.
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A Constitution Day thought:
There are many things wrong with Qualified Immunity. One of the worst is this: When you tell your client *why* they lost, they lose all faith. They immediately believe there is no such thing as justice and their rights mean nothing. And they're right.
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Look at them sit there in their comfortable chairs in a well-appointed library, talking about fomenting revolution with blood, and then putting it down with more blood.
As if they were playing parlor games.
There’s really nothing sicker.
John Eastman says that if Trump's effort to overturn the 2020 election had been successful, "one hopes that our military" would have understood its obligation to quell any riots because failure to do so would mean "subjecting yourself to mob rule."
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We just won on appeal in S.D.N.Y. from the confirmation of the Purdue Pharmaceuticals bankruptcy.
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Hey law students: Every one of y’all better be taking Administrative Law.
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Just FYI, if you expressed disapproval of Trump privately but supported him publicly you are the worst sort of coward and you are dead to me.
I guess I’m probably late to this but I’m assuming that’s also why we were treated to that “leaked” audio from Sasse
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We just filed this motion for leave to intervene in the SEC v. Ripple Case, which seeks billions in penalties from Ripple based on its cryptocurrency XRP, which the SEC claims is an unregistered security.
here's the brief:
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My dudes, no you cannot.
Roughly 1 in 3 Americans (32%) – including nearly half of men (46%) – are confident they could safely land a passenger airplane in an emergency situation, relying only on the assistance of air traffic control. Just 1 in 5 women say the same.
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Hey SCOTUS, the dormant Commerce Clause has become such a mess we can’t really understand what it does. Could you help?
SCOTUS:
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@steve_vladeck
Counsel: Ha ha! So funny, our mistake! Bet people do it all the time.
Clerk: Not for clients represented by counsel. No, not so much.
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Incredibly gratifying, huge news from SCOTUS today.
We’re confident that the Court will foil the Sacklers’ historic abuse of the bankruptcy system, and curb the abuse of third-party releases in mass-tort bankruptcies.
Looking forward to arguing this in December.
BIG:
#SCOTUS
just ruled on a pending shadow docket request about the effect of Purdue Pharma's bankruptcy on the Sacklers and possible opioid crisis-related claims.
The court granted a stay, agreed to hear the case, and specified the question presented.
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We think those documents should be available to the public so that everyone can evaluate for themselves whether the SEC’s case against Ripple is legitimate and a proper use of taxpayer dollars.
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Quick legal writing thread that applies to lawyerly development more broadly:
When you're a young lawyer, you will try to write well only to realize you've failed.
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I'm strongly in favor of accountability for the lawyers that are pushing these baseless conspiracy theories posing as lawsuits. Monetary sanctions or even disbarment would be on the table for me.
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Listen clients, I'm super happy to follow all your billing guidelines. Great, no problem.
The thing is there's not that many ways to break up the task "write and revise this thing" into a bunch of different mini-tasks.
And that's like 80% of what I do.
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So I'm going to take the unusual step of posting the brief in full.
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Dear
@Westlaw
it is insane that your copy-and-paste feature still produces dumb quotation marks. The whole idea of copying directly from the source is to ensure that the quote is accurate and you are introducing errors that have to be fixed and it makes me absolutely bonkers.
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Okay, as we approach the 1-year anniversary of COVID, who feels this was the hardest year of their life?
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Just a reminder: Debts that result from willful or intentional misconduct are not dischargable in bankruptcy!
Rudy Giuliani Chapter 11 bankruptcy filing hits the SDNY bankruptcy court docket.
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@obarcala
@bradheath
Call me crazy, but I do not expect Trump’s lawyers to get a very nice reception at this hearing.
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Big news.
I represent
@RoslynLayton
in her opposition to the sealing of the Hinman docs. Judge Torres reached the right result.
#XRPCommunity
#XRP
#SECGov
v.
#Ripple
BREAKING: Judge Torres denies the SEC's Motion to Seal the Hinman documents.
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On a more serious note to you young attorneys and law students: get you a fitness plan. It’s vital for your brain, your soul, and to make sure you don’t die 15 years into your career.
Proud to announce a huge victory: After 3 weeks in the shop and one stern talking to from my mechanic, we are back on the road!
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In a lot of ways, being an appellate lawyer is like being a 1L, but forever.
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Wow is this bad news for me.
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Here's a little thread that's timely since it's the start of summer associate season. And it is about the great enemy of good writing: time.
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Omitting the LSAT would deprive law schools of 0% of the essential information needed to evaluate a candidate's potential.
BREAKING: the ABA is officially recommending the elimination of the standardized test requirement for admission to law school
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I represent Rosyln Layton, a columnist and scholar, who seeks to intervene in this action to oppose the sealing of certain documents that the SEC offered in support of its summary judgment motion.
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And the documents will shed light on whether those within the SEC thought the guidance given in the speech might have varied from settled expectations on the application of the securities laws to cryptocurrencies.
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Quick thread about something I've been thinking about for a while: Introductions and summaries.
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One of the perverse things about these election lawsuits is that merely dressing an idea up in legal clothing makes it carry weight to nonlawyers. Lawyers have often exploited this tendency. And they are doing so now.
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Sometimes I feel like you Twitter people stir up trouble and hurt people simply because you do not have enough to do.
And I’m here to tell you I have a yard and a farm and a law firm and I will find you something to do.
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Hi, lawyer who practices regularly in federal court here. What's this about a seal? That's not a thing.
Ok Mr. Practicing Attorney. This is an EXHIBIT to a motion for leave to file. Not the actual amended complaint. It’s a blue-lined doc per FRCP.
The judge’s s/ is a courtesy so that if he approves, all he has to do is place his seal.
I can see why you’re a pundit at CNN. 😂
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The documents Rosyln seeks are critical to that defense, because they relate to the only guidance that the SEC has offered on whether cryptocurrencies might be considered securities, which came in a speech that then-Director of Corporation Finance William Hinman gave in 2018.
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One of the key aspects of the case is whether Ripple had fair notice that its cryptocurrency might be subject to the securities laws, since it is a currency, and not a security.
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And by the by,
I got news of my first cert grant in what’s turning out to be one of the most significant SCOTUS bankruptcy cases in a generation while my son and I were bombing down “Gopherit” until we were blue in the face.
And I saw a fox.
That’s a top-ten day for sure.
Incredibly gratifying, huge news from SCOTUS today.
We’re confident that the Court will foil the Sacklers’ historic abuse of the bankruptcy system, and curb the abuse of third-party releases in mass-tort bankruptcies.
Looking forward to arguing this in December.
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My thoughts are on my Mom today, who only got three months to enjoy the backyard garden she'd longed for her entire life before cancer took her with vengeance.
Now the garden's grass again. plowed up and gone.
Nothing's promised. Not one day.
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I do love it when you folks cite cases that you haven’t read all the way through in briefs you file when I’m on the opposing side.
Free research.
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It's been a long time coming, but Monday is the argument in Harrington v. Purdue, our case challenging the validity of Purdue’s scheme to immunize the Sackler family, Purdue’s former owners, for their starring role in creating the opioid crisis, which is now a worldwide epidemic.
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Not for nothing, but very very few lawyers should go around calling themselves "constitutional lawyers."
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OC: ten
Me: I don’t understand what you mean.
OC: (10)
Me: Ooooooooooh!
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My periodic reminder that naturalization ceremonies are the most moving event in American civic life by a mile and they're free to the public. You'll walk away a different person than when you came.
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Proud to announce the grand opening of the Telluride, CO office of Cecere PC! Enjoy these views from the “conference room.”
We’re open for business. But, you know, not *too* much business.
#AppellateTwitter
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I feel like people generally do not have a great understanding about what Julius Caesar's crossing the Rubicon meant, or how it turned out.
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The main character of your opening brief should be the court below.
The main character of your reply brief should be your opponent.
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Riddle me this:
Why exactly are we required to file notices of motions or motions separately from briefs?
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Never trust a lawyer who tells you they’re going to get “fun” information about an opponent in discovery that will be useful outside the litigation. Discovery is never fun. And anything juicy will be produced under a protective order that guarantees it’ll
(2/2) and then the fun begins as he gets a deep dive into MM’s operations, decision making and funding. I spoke w two top white collar attorneys who are pretty sure the case survives motion to dismiss. Developing
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Been thinking about Federalist 55, and Publius’s admission that the Republic’s secret sauce is the “virtue” in its citizens and leaders.
Without it, “nothing less than the chains of despotism can restrain them from destroying and devouring one another.”
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So I'm betting that many of you greeted your return to work yesterday with a thought that thousands of other lawyers had yesterday:
"Maybe I should go solo."
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May God bless their union and keep them safe.
Unsure of the future, Yaryna Arieva and Sviatoslav Fursin rushed their wedding and got married to the sounds of sirens blaring the Russian invasion.
Straight after their wedding, they both joined the local Territorial Defense Center to help efforts to defend the country.
🇺🇦
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@obarcala
@bradheath
The very idea of asking for a continuance on an emergency attempt to stop certification of a Presidential election just strikes me as unwise.
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@smmarotta
@steve_vladeck
I bet there’s a Kyle-Hawkins-size hole in a wall somewhere in the Texas AG’s office that tells a story.
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Wow “notice of appeal” Law Twitter is a strong contender for absolute worst Twitter.
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You folks are all gonna think I'm crazy to say this, but good written advocacy cannot be reduced to attractive fonts.
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Well, just filed my last brief of the year, and it might have been the most important.
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Trying to be a good parent is just hella hard.
That’s it. That’s the tweet.
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I miss my mom.
If you still have yours, hug her extra tight wouldja?
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The subtlest of all appellate dark arts is the skill of characterizing the opinion of the court below to create a mood.
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Overheard from my wife’s M&A CLE just now: “So like I try and make sure that the covenants are things that my client can, like, do.”
M&A isn’t real.
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It's been 10 years since my brain surgery. And I just wanted to take a moment to thank the amazing, dedicated people of
@MDAndersonNews
, my brilliant surgeon, Dr. Sayed Azeem, and everyone who supported me when I couldn't even hold myself up
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In retrospect, the most unrealistic thing about Star Wars might not be the lightsabers, faster-than-light speed travel, or the Force.
It might be underestimating the groundswell of popular support that Darth Vader would enjoy.
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Hey clerks, past, current, and future:
I know there's nothing so intoxicating as that whiff of power you get standing next to a federal judge.
But if I hear of you being snotty toward the litigants before you, or toward less credentialed lawyers, you are dead to me.
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My drafting tip for the day:
Having trouble making your sentence flow?
You probably need an em dash somewhere.
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What 15 years of marriage looks like:
for him—couples bike ride.
For her—flowers.
For us—badass sushi and vampire tv time while the kids are at school.
What I’m saying is 15 years of marriage is awesome!
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This is exactly what my brain tumor looked like. And I could not sleep until it was out of my head. I cannot imagine the anger and agony of having to endure that tortuous wait longer because ICU beds are full of unvaccinated people with covid.
This is a photo of my brain tumour. My surgery was originally scheduled for today, but I received a call yesterday afternoon that the surgery has been cancelled indefinitely. Please call, email, or share this post with our government officials. Thank you!
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Folks I’ve now decided that I’m the type of guy who signs his emails with a dash and initial.
And I gotta say, feels good. Feels natural.
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Folks there is such a thing as a “failure to clash” and do not let it happen in your briefs. There are few things more frustrating than reading two side’s briefs where each has a completely different view of the world and neither ever explains what is wrong with the other’s view.
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Thanks
@JohnEDeaton1
. What matters is that the Court reached the right result on the merits. And we believe our filing had an impact.
Although
@RoslynLayton
’s motion filed by
@CecereCarl
has been deemed moot, it was important that it was filed. In litigation, wins are not always counted by actual rulings. You can’t unring a 🔔
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@RMFifthCircuit
“I saw something I liked in another draft. How did it cut? And can you please find it?
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Spouse: "Hey whatcha doin?"
Me: (not at all defensively) "I'm running a sophisticated, cloud-based law firm! I'm litigating in multiple states! I'm answering emails from important people!"
Spouse: "You're on Twitter, aren't you?"
Me: "Shhh,
@MaxKennerly
said something stupid."
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The federal rules should be uniform, and that includes the rules that govern the federal courts. Standardize the local rules.
The D.C. Circuit’s war on Garamond illustrates a bigger problem in the federal courts of appeals, which is that the uniformity of the rules has broken down. There’s no good reason for most of the variation and it imposes real costs on practicing lawyers.
#AppellateTwitter
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This is such good news.
Think how many times a partner has demanded you find a case on a principle of law so elementary that no case has bothered to actually say it.
We're gonna have a whole body of elementary law come out of this fiasco.
The extent to which the courts are being forced to explain totally elementary parts of law to Trump’s lawyers is killing me. Today, it’s the proposition that “parties present their evidence” in trial court.
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BREAKING NEWS: Cecere PC will be opening offices this summer in Big Sky, Montana and Telluride, Colorado.
We’ll be open for business, but not too much business!
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So that’s four pretty big SCOTUS briefs in the space of 2 weeks.
And yeah, I’m completely, utterly, inconsolably mind-fried.
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So this month marks the 10-year anniversary of my little firm.
And the milestone’s giving me some feels.
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I’ve said this before, but it bears repeating: there’s no such thing as a “courageous” tweet. There are no righteous Twitter “battles,” and no one “wins.” There are no sick “burns” that change people’s minds. It’s just people typing into their phones.
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@admindotlaw
I run the other direction. I think you should quote as much as possible from authorities. I think the best brief is the one that leaves the impression that it doesn’t contain anything new, so the court doesn’t have to step out on its own. Lots of quotes give that impression.
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To all those who wonder if they will ever be satisfied with their work product, I offer the following:
I spent all morning being pissed at myself about a passage in a brief in a case that I won.
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Yeah so appellate oral argument remains the funnest thing in law.
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This is why you
#hirecarl
(And it must be said, I had help.)
Remember how the Sacklers got that special bankruptcy deal that insulated them from liability?
Carl just got it thrown in the trash. Thanks Carl!
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Dear SCOTX, 4,500 words is simultaneously way too short for my excellent, grantworthy petitions, and way too long for my opponents' frivolous, fact-bound petitions.
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@gabrielmalor
@obarcala
Pretty glum view of the traditional role of a prosecutor, if you ask me.
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ERCOT (in Winter): Yeah we didn't plan for winter.
ERCOT (in Summer): Yup, we didn't plan for summer either.
BREAKING: ERCOT is now asking people to conserve electricity through Friday, saying there are a significant number of power plants offline and expecting possible record use for June.
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HE’S GONNA DEFAME HER AGAIN
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You’re never ever gonna believe this, but it looks like Trump larded Truth Social with an unrecoverable amount of debt.
Trump's Truth Social company posted its new financials to the SEC today.
The firm generated just $4.1 million (with an M) revenue for all of 2023, while racking up $58 million in net losses.
Market cap is > $6 billion.
(This isn't an April 1 joke.)
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@SCOTUSPlaces
First draft: take it out.
Second draft: mmm leave it in.
Third draft: looks weird take it out. Wait leave it in.
Final: who knows.
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@RMFifthCircuit
@JoeDudekJD
Garland, to a room of upturned shredders and 30 frantic DOJ employees:
"You know what, I'm thinking of a different brief."
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@FrozoneAKOKAL
Courtroom 2 (interior, day)
Judge: Assume I've read your briefs. I will now ask you a series of questions in which i reveal in every possible way that I have not yet read your briefs.
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@RMFifthCircuit
@MsHannahMurphy
See it’ll be like a bank, but a freaky bank from which there is no escape or withdrawal.
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