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ATL Practice Pointer: Don't Discuss Private Matters in Public Places (Or: A Thelen partner's reaction to ATL layoff coverage)

E train New York City subway car Above the Law blog.jpgConfidentiality. Lawyers get lectured about it all the time. Despite all the warnings, attorneys young and old routinely get themselves in trouble through indiscretion (not just Eliot Spitzer).

Sometimes Supreme Court clerks are overheard talking about their cases. Sometimes law firm partners are overheard talking about firm business. An in-house tipster provides this account of a morning subway ride:

I was sitting on the E train at approximately 9 AM today. Next to me was a tall, older woman with a short (obviously dyed) blond hair cut. A younger (I would guess in his 40s) man saw her and made some comment about how funny it was to see her. She made a face, said she was in a rather bad mood, and showed him an email on her blackberry.

Now this conversation only lasted from the 7th Avenue stop on the E to the 5th Avenue one where Male (I'm assuming Partner) got off in order to attend a meeting, and Female (I'm assuming Partner) got off at the Lexington/Third Avenue stop [at 53rd Street].

Note: Thelen's offices are at 875 and 900 Third Avenue, around 53rd Street....

The conversation continued to express FP's concern regarding the person in the email. That FP would "talk to her" as soon as she got in. MP seemed somewhat unconcerned as he "suspected something like this would happen."

Talk to Her -- the title of a critically acclaimed Almodovar film. In this context, however, we're guessing that FP's secretary or assistant got laid off (or is about to get laid off) -- and FP needs to discuss the situation with her.

Then MP mentioned your piece in AboveTheLaw.com (which is how I figured out what they were talking about), stating that the firm was reflected fairly well all things considered, and how the piece could have been worse. FP made a comment about how it only got bad when you read the comments, where it seems a lot of information was given out that made her very unhappy.

Ah, the comments. Sometimes they make us "very unhappy" too -- although, for the most part, we are grateful for the insight and humor contained therein.

Welcome to the internets, FP. And exercise greater discretion next time -- you never know who might be listening.

Earlier: Nationwide Layoff Watch: Thelen Reid Brown Raysman & Steiner

Comments
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1 Posted by guest | Permalink Thursday, March 20, 2008 12:26 PM

partners taking the subway? at my old firm, they took car service.

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2 Posted by 12:26 (1) | Permalink Thursday, March 20, 2008 12:27 PM

Yes, I was first!!!

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3 Posted by hmm | Permalink Thursday, March 20, 2008 12:37 PM

So I have friends at both Paul Weiss (NY) and WilmerHale (DC) and there have been recent (within a couple of weeks) staff layoffs at both places...how long until the associates start getting the axe?

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4 Posted by guest | Permalink Thursday, March 20, 2008 12:37 PM

they were not discussing confidential info -- like a client matter. Who cares?

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5 Posted by B. Disraeli | Permalink Thursday, March 20, 2008 12:37 PM

If one is to ride a public conveyance, one must expect vocalized opinions to linger there like a discarded print gazette. Those with means would be better served by hiring a phaeton manned by a trustworthy coachy. No sympathy!

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6 Posted by guest | Permalink Thursday, March 20, 2008 12:38 PM

Well, they didn't say anything juicy.

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8 Posted by anon | Permalink Thursday, March 20, 2008 12:47 PM

Interesting that FP got a BA at BLS--I didn't realize they gave those out...

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9 Posted by anon | Permalink Thursday, March 20, 2008 12:48 PM

wow you people are insane for posting that...ill rmember to keep my mouth shut in public

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10 Posted by in-house tipster | Permalink Thursday, March 20, 2008 12:49 PM

Yup, that's her.

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11 Posted by guest | Permalink Thursday, March 20, 2008 12:50 PM

Where's the surprise? When I worked at Citi Center, source of some of the best info were the elevators and ATM lines.

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12 Posted by anon | Permalink Thursday, March 20, 2008 12:50 PM

this awesome - the internets is making everyone stay on their toes...now as loong as I can stay under the radar...

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13 Posted by justsomeguy | Permalink Thursday, March 20, 2008 12:57 PM

Stuff like that never happens at Heller.

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14 Posted by guest | Permalink Thursday, March 20, 2008 12:57 PM

WTF? so what?

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15 Posted by guest | Permalink Thursday, March 20, 2008 1:01 PM

You have a MASSIVE boon for lawyers:

JP Morgan - Bear "merger" -- massive corporate deal (Wachtell/Cravath), and all the challenges being mounted (legal fees estimated at more than 10 times total deal value).

JP Morgan - Bear "merger" falls through -- more lawsuits, this time against JP Morgan.

Bear Bankruptcy -- if merger falls through and Bear hits bankruptcy -- think MASSIVE legal fees for everyone from Bankrputcy shops, derivative unwind shops, plaintiff/defense, etc.

This Bear fiasco is massive boon to NYC law industry.

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16 Posted by guest | Permalink Thursday, March 20, 2008 1:02 PM

12:47 - good call it's rare that you see the old "double BA" nowadays. Pretty impressive that she tackled the second one in 3 years.

As impressive as those credentials are, however, she may want to tack on a JD so she doesn't get in trouble for illegal lawyerin'.

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17 Posted by guest | Permalink Thursday, March 20, 2008 1:03 PM

there is just something really wrong about this...

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18 Posted by TAX hopeful | Permalink Thursday, March 20, 2008 1:03 PM

LAT...SORRY FOR CAPS BUT CAN YOU DO AN OPEN THREAD ON TAX PRACTICE AND THE RECESSION?

I know that tax usually goes hand in hand with corporate stuff but it also is present in restructuring as I understand it. So which way does tax go during a recession?

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19 Posted by guest | Permalink Thursday, March 20, 2008 1:06 PM

Oh, this is a little more than ridiculous. Can't even have a conversation anymore.

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20 Posted by guest | Permalink Thursday, March 20, 2008 1:12 PM

WOW THAT IS JUICY ... ON THE SUBWAY I SAW A TROUPE OF FOUR BLACK MEN SINGING "THE LION SLEEPS TONIGHT" -- it brought me to tears (gets me everytime). This was second only to the one-legged man, that somehow raises more money than any panhandler on the subway. My favorite is the guy yelling about collecting food for homeless and announces "if you are hungry and homeless, please identify yourself and I will provide you food". Man, I want to get a sandwich, but I wimp out every time! Another good one is the guy on the street (I know, not on the subway) that says "one penny makes a difference"! That is really stupid, if he convinced one passerby PER MINUTE to give a penny, he would be better off getting a job and donating the salary to homeless (on an hourly basis). My favorite homeless outreach is the police -- I just dial 911 from a payphone and claim the homeless guy is harrassing women and making lewd comments and gestures. Often the homeless encounter turns violent with police -- with drunken crazy dizzy homeless guy losing fight badly. Now that is a homeless solution we can all agree on. Anyway, stop talking on the subway, becuase I am bloggin!

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21 Posted by if I looked like her | Permalink Thursday, March 20, 2008 1:12 PM

I wouldn't want to have a conversation with anyone...

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22 Posted by guest | Permalink Thursday, March 20, 2008 1:15 PM

Lame--and more than a little creepy--that this is newsworthy.

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23 Posted by guest | Permalink Thursday, March 20, 2008 1:18 PM

cmon lat no spitzer coverage? LAME!

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24 Posted by guest | Permalink Thursday, March 20, 2008 1:25 PM

ONE TIME I was on the subway and I was sitting down and this guy learned over me to grab the overhead bar, and he was wearing a wife beater and he had really hair arm pits that were like right in my face.


It was disgusting.

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25 Posted by guest | Permalink Thursday, March 20, 2008 1:29 PM

If SEN had written "internets," she would have been lambasted by hundreds of comments. Lat, because you are so loved by your followers, you have obviously been given (so far) a pass.

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26 Posted by guest | Permalink Thursday, March 20, 2008 1:33 PM

1:29 - "Internets" is not a typo or grammatical error.

Referring to it as "the internets" is a standing joke of the blogosphere, based on President Bush once saying, "I hear there's rumors on the Internets."

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27 Posted by China Law Blog | Permalink Thursday, March 20, 2008 1:35 PM

Ah yes, the overheard comments. My firm used to be in Seattle's nicest office tower, but because I wore jeans to work, I was always treated on the elevator as though I were not there. My favorite though (and I kid you not) was when I heard two lawyers talking about ME.

There has to be a lesson here somewhere.....

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28 Posted by guest | Permalink Thursday, March 20, 2008 1:38 PM

1:29 = obvious troll

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29 Posted by guest | Permalink Thursday, March 20, 2008 1:38 PM

Anybody hear anything about Cravath not planning to give offers to every summer this year?

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30 Posted by guest | Permalink Thursday, March 20, 2008 1:42 PM

1:29, I'm guessing that Lat purposely wrote “internets” as a joke. It is a play on the older generation of lawyers not being with the times. The humor comes from the thought that the older generation would refer to the internet as the internets, much like Bush referring to “the Google.” This is your free lesson in humor for the day. Now get back to work!

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31 Posted by guest | Permalink Thursday, March 20, 2008 1:47 PM

It is not polite to eavesdrop on other folks' conversation. Lat should show a bit more journalistic integrity than this.

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32 Posted by 2L | Permalink Thursday, March 20, 2008 1:49 PM

Latham NY also at that Thelen stop

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33 Posted by guest | Permalink Thursday, March 20, 2008 1:49 PM

I like dropping sick egg-salad farts on a crowded hot afternoon commute...that will shut people up!

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34 Posted by guest | Permalink Thursday, March 20, 2008 1:50 PM

I just got fired, can we start some layoff rumors at my firm, to help my job prospects?!?!!?

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35 Posted by anon | Permalink Thursday, March 20, 2008 1:59 PM

I love saying the internets....

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36 Posted by guest | Permalink Thursday, March 20, 2008 1:59 PM

Tell us the firm and we'll get moving on this right away.

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37 Posted by guest | Permalink Thursday, March 20, 2008 2:28 PM

Unbelievable! These two should resign/be fired immediately for such blatant disregard for confidentiality standards.

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38 Posted by guest | Permalink Thursday, March 20, 2008 3:43 PM

Zzzzzzzz

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39 Posted by guest | Permalink Thursday, March 20, 2008 3:50 PM

1:49 - Yes, but they were referring to an ATL post on layoffs, so it wasn't Latham

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40 Posted by guest | Permalink Thursday, March 20, 2008 4:10 PM

Bloggers have discretion in choosing which stories to focus attention on, and this was probably a poor exercise of that discretion. I don't know either of the partners but I feel uncomfortable for them, particularly the female partner who was apparently "outted." The disparaging comment on her appearance was probably inevitable, for this blog.

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41 Posted by guest | Permalink Thursday, March 20, 2008 4:18 PM

i'm tired. been a long week. looking forward to watching some basketball though.

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42 Posted by Thelen associate | Permalink Thursday, March 20, 2008 6:04 PM

Not that the overheard comments are any big deal, but I can confirm that you've got the wrong Thelen partner -- I was in court with her this morning.

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