When we kicked off our associate bonus speculation, we mentioned that Orrick, Herrington & Sutcliffe had already locked themselves into a 2008 bonus structure. We wondered if Orrick might rethink their bonuses in light of the current state of the economy. Morgan Lewis has already announced that they will not be making bonus decisions until 2009, when they hope to have a better read on the economy.

Today, Orrick assured us that the firm would not look to change their bonus plan. A firm spokesperson put the issue succinctly:

We are committed to using the previously announced bonus schedule.

This year's bonuses are secured, but Orrick is still considering a much longer term change: ending the lockstep structure of associate salary.

Orrick chairman Ralph Baxter has spoken about this issue before. In an article for the American Lawyer this summer, Baxter pointed out the value of the current, lockstep system. But he also said:

Given the changing nature of the law practice, the changing expectations of clients, the changing outlook of Generation Y, law firms would be remiss if they did not re-examine the associate model.

We understand that Baxter has been cautiously talking to people and gauging interest in this idea.

But it is not this day. More after the jump.

* Wendy Savage (pictured) is turning into Boston's version of Joe the Plumber. [f/k/a]

* Samuel "Pyro" Pontier has finally been disbarred. [Legal Blog Watch]

* The law lags behind science. Especially weird science. [Drug and Device Law]

* Sarah Palin is sure the First Amendment applies to her. She's not so sure about whether or not reporters should be protected though. [WSJ Law Blog]

* "Basically Kenny, you're Keanu Reeves." [Popsquire]

The Recorder has published the people who will be in charge of winding down operations at Thelen:

The three members of Thelen's dissolution committee are David Graybeal, Douglas Davidson and Thomas Hill. The firm has also hired as outside counsel Peter Gilhuly, the Latham & Watkins bankruptcy partner who advised Brobeck, Phleger & Harrison on its dissolution half a decade ago.

We already know that some Thelen people have found a new home. It's been widely published that Nixon Peabody has sent offer letters to 60 former Thelen partners and associates.

But all of those offer letters were sent to attorneys in Thelen's Manhattan office. San Francisco associates haven't yet been picked up in droves. In fact, the New York focus of the dissolution committee members is causing some consternation with other partners at the firm:

Some former Thelen partners voiced frustration over Hill's inclusion as a member of the wind-down committee.

Hill was in a position of "running the numbers" in his former role, one former Thelen lawyer said, speaking on condition of anonymity. "You would think that would be a reason to keep him off the committee." People were not happy with the way Hill ran the office, the lawyer said, citing complaints that he didn't consider other's ideas and generally did not communicate.

Readers have cited Thelen's expansion beyond their traditional San Francisco roots as part of the problem. Now, a cadre of non-San Francisco based partners will be overseeing the end.

Four Attorneys to Guide Thelen's Demise [Law.com]

Earlier: Thelen Officially Dissolves

We reported earlier that Powell Goldstein is set to be acquired by Bryan Cave. We've been told to expect an official announcement from Bryan Cave on Monday.

PoGo has still not directly responded to ATL about the rumors that a number of associates, staff, and partners could be on their way out of the door. But we understand that they have sent around an internal email addressing some concerns in light of the merger information. A tipster tells us that the email offered the following clarifications:

1) Everyone has a job. This is a specific term of the deal.

2) BC wants to expand the Atlanta office. ...

3) We have no problems at all with our finances. Credit is strong, bank relationships are strong, etc.

We have not gotten our hands on the merger agreement between PoGo and Bryan Cave. But the "promise" that every job is secured is encouraging. The email does not speak to our previous reporting that PoGo's banks threatened to pull their credit line if a merger was not reached. But regardless of what could have happened, the firm's contention that they are in a strong financial position is certainly worth noting.

The Chairman's conference call after the jump.

Yesterday we introduced you to DB (not his real name -- please keep it that way), formerly an associate at Sullivan & Cromwell. At S&C, and in law school before that, DB became notorious for bragging about his wealth and making politically incorrect remarks.

We collected some of his impolitic quips in our prior post, and other anecdotes surfaced in the comments (e.g., here and here). For your reading pleasure, here are a few more stories:

In law school, at a firm reception in the Time Warner center, DB got drunk and started going on about how he was wearing crocodile shoes that cost thousands of dollars and how his brother drove a more expensive car than the partners at the host firm.

At an S&C firm retreat, the same one where he made his comments about the ballet, DB was placed in charge of entertainment for one evening. This included brainstorming for the "S&C Superlatives" contest, which is supposed to feature innocuous, yearbook-style items like "Miss Congeniality," "Best Smile," or "Most Athletic."

The items suggested by DB? "Sluttiest Partner" and "Partner Most Likely To Sleep With His Secretary."

DB once said, to a highly attractive summer associate he encountered in the hallway, "You really aren't that hot. Everyone thinks you are, but outside of here you really aren't."

In fairness to DB, he has his defenders and positive attributes. One tipster describes him as "a bright guy," and another as "nice in a weird way," as well as unusually generous and thoughtful at times. A third raves about his hotness, including "six-pack abs and amazing arms." As for the sexist (and homophobic) quips, they may be best attributed not to malice, but to personal issues that DB is probably still working through.

His colorful comments, however, aren't what got DB in truly hot water. Find out what did, after the jump.

Instead of adding to the drumbeat of bad news, the University of Buffalo Law School has taken a novel approach to navigating the current economic climate. A UB student tipster reports:

Job prospects at the University of Buffalo School of Law are so BAD that the CSO has given up hope! Instead of looking for firms' with availability, the CSO is now offering a course on knitting. Although students will soon be jobless and homeless post-graduation, at least we won't be cold!

The Buffalo career services office confirmed that they were indeed offering their students an opportunity to learn a real trade:

To all you knitters, crocheters and other crafty ones out there:

As the weather cools and the snow starts to fly, doesn't it feel good to have a nice warm, woolly UFO (un-finished object) on your needles?? If you understood that last sentence, and would like to spend an hour with like-minded knit-wits, please [Redacted].

We'll be knitting, crocheting, or engaging any other textile-related, portable projects together. We hope that it will become a regular standing group, where we can sit, knit, chat, get help, find new patterns, share techniques and ideas, talk about our favorite LYS, and generally "commune with the yarn." ...

We had a great group of around seven people last year, representing the faculty, library, staff, and students. Some were expert knitters, and others were just starting out, so feel free to join us regardless of skill level, or if you'd like to learn...

As always, crocheters, needlepointers, quilters, macrame-ers, etc. are welcome

The rest of the memo, after the jump.

Have you ever wanted to be a part an industry on the cutting edge of law and science. A major pharmaceuticals company has an opening for you. As always, the Job of the Week is brought to you by Lateral Link

Position: Mid-Level Corporate Counsel

Location: Alameda, California

Experience: 2 - 5 years

Description: This global, broad-based healthcare company is devoted to the discovery, development, manufacture, and marketing of pharmaceuticals and medical products, including nutritionals, devices, and diagnostics. The company employs more than 68,000 people worldwide and markets its products in more than 130 countries, with revenues of $25.9 billion in 2007. The Alameda, CA office is seeking a mid-level corporate associate to draft, negotiate and review contracts. The successful candidate must have 2 - 5 years of corporate experience at a major law firm or corporation; a record of success in counseling clients on a range of business transactions; and an understanding of the health care industry and knowledge of federal and state fraud and abuse regulations.

For more information, please see Position 10032 on Lateral Link or contact Maricar Tinio. Membership in Lateral Link is free and you can apply at www.laterallink.com.

Earlier this year, we presented a series of threads on career alternatives for attorneys. As it turns out, there are things you can do with a law degree other than working for a large law firm -- and now that large law firms are laying off lawyers and even dissolving, now is a good time to revisit the topic.

One career alternative we didn't include in the first go-round was living by the pen -- probably 'cuz it's pretty hard to pull off. As one commenter quipped about another daunting alternative (entrepreneurship), "maybe I should try out for the Yankees while I'm at it."

Not everyone can be John Grisham or Scott Turow. Being a writer is not so much an alternative to being an attorney as it is something you can do on the side.

Unless your spouse is willing to let you quit your job and pursue the literary dream. Malcolm Gladwell of the New Yorker wrote a piece recently about creativity, and how it is not the sole provenance of the young. The piece revolves around an attorney who quit his job at Akin Gump to become a full-time writer and spent 18 years at it, eventually writing a book of short stories that won the Hemingway Foundation/PEN award. All the while, his wife, a Thompson & Knight partner, acted as his literary patron (i.e., the family breadwinner).

If you have a patron, or if you have lots of creativity, or if you just love spinning tales, perhaps you should think about trying your hand at the writing craft.

Last night, we attended a panel discussion at the New York City Bar Association: Non-Fiction: True Crime Stories & the Truth about Being a Lawyer-Writer. Speaking were JD-holders Thomas Adcock of the New York Law Journal, former Brooklyn prosecutor Dennis Hawkins, and legal PR maven Rosemarie Yu. Thomas Adcock has written seven books, including Dark Maze, which received an Edgar award. Hawkins and Yu have recently had their work published in the non-fiction anthology Brooklyn Noir 3.

All three are patron-less, balancing work with writing. Check out their tips for other aspiring writers, from getting started to getting published, after the jump.

Heller Ehrman and Thelen dissolved after big time mergers fell through. While our readers have been speculating on the next capitulation to the financial crisis, it seems that Powell Goldstein has narrowly avoided a full scale dissolution thanks to Bryan Cave. A tipster reports:

Powell Goldstein, which has been an prominent firm in Atlanta since 1909, will no longer exist next week. PoGo partners voted last week to approve an acquisition by Bryan Cave, and BC will announce the acquisition on Monday.

Bryan Cave did not return multiple calls requesting comment on the story. Meanwhile, a PoGo spokesperson said "I have nothing to report" when asked about the acquisition.

As we understand it, the union between Bryan Cave and PoGo is not a "merger" so much as it is a buy-out. Additional tipsters have reported that nobody from PoGo -- not staff, not associates, not even partners -- is safe. Equity partners could be let go early next week.

Putting together the rumors after the jump.

* Texan Toxic Tort attorney Fred Baron has died. His profile went national this year due to his support for John Edwards (and his mistress) and his campaign to secure an experimental drug to treat his cancer. [Dallas Morning News]

* New York AG Andrew Cuomo is on the case of big executive bonuses in the wake of the bank bailout. [New York Times]

* New York divorce lawyers aren't very good at making their marriage work. [Newsday]

* Ohio may be the new Florida this election. [New York Times]

* Here's a horror story for you. Paralegal beheads a gang member, puts pieces of the body in plastic, and buries them. His attorney/employer is defending him, saying his paralegal "did not have a chance to call 911." Happy Halloween! [Associated Press]

* Given the economy, it might be a good time to pull a Rip Van Winkle. [Corporette]

* Barack and Michelle Obama have incomplete lawyer profiles. Is a new attack ad in the making? [Legal Blog Watch]

* Law Professors who rule the blogosphere. [TaxProf Blog]

* Milberg Weiss hires a ringer to win a lawyer league basketball game against the Food Bank of New York. That adds up to a law firm cheating to win an exhibition against a charity. But the Food Bank lawyers responded in the only reasonable way. [Supreme Dicta]

* Don't forget to bid for Item #16, a fun night with Kash and Lat while I drunkenly murder a homophone in the background. [Equal Justice Foundation]

In what could be a trend, DLA Piper has canceled the holiday party for their Chicago office. The move is similar to Fried Frank's decision to scrap their holiday festivities, but there is no indication on whether DLA intends to donate any of their party money to charity (as Fried Frank did).

Spokespeople for DLA Piper did not immediately respond to a request for comment.

It's not just the legal community that's scaling back on holiday cheer. Yesterday, Barclays announced they were canceling their holiday party too. For a complete list of the financial firms that have gone Grinch, see our sister site, Dealbreaker.

The holiday party is just one notch on the ever tighter belt. More after the break.

Ah, Sullivan & Cromwell. It's a top law firm -- not just in prestige and profits, but also blog fodder. See, e.g., Carlos Spinelli-Noseda (partner who defrauded firm and clients of half a million dollars through expense fraud); Aaron Charney (associate who sued the firm for antigay discrimination, while still employed there).

When people leave 125 Broad Street, they go out with a bang. Today, courtesy of several tipsters, we bring you the tale of another former SullCrom employee who departed under less than ideal circumstances. Let's call him "DB," short for "douchebag."

(To those of you who find the term offensive, we say: if it's good enough for the Second Circuit, it's good enough for ATL. Also, we use it affectionately.)

During law school, DB developed a reputation "as a racist, sexist jerkoff who always flaunted the fact that he was wealthy." Here's why:

His first words upon meeting his law school roommates: "Hi, I'm DB. I'm independently wealthy."

In a class discussion about price discrimination and consumer choice, he said: "Sometimes when I'm in a real hurry, I am forced to fly coach."

At a law firm reception, he said to the attorneys, "Don't you miss the good old days when there were no girls at a place like this, except for hookers and strippers?"

This charming lad then made his way to 125 Broad Street, where he joined GP (general practice; S&C-speak for "Corporate") at Sullivan. Now, S&C pays well -- in addition to generous base salaries and year-end bonuses, they pay supplemental bonuses to senior associates. But DB was unimpressed:

"My allowance used to be bigger than whatever I earn from this place. I feel so poor now that I'm working."

Read more about his rudeness, after the jump.

Bell Boyd & Lloyd managing partner Nancy Bertoglio has confirmed the layoffs we reported earlier today. She stated that 10 associates were laid off today:

Like many firms, Bell Boyd is facing unprecedented market conditions and we are taking measures to ensure the firm's efficient operation and growth. Today regrettably, Management, in individual meetings with associates, asked 10 to leave effective January 1, 2009. The associates affected were representative of practices across the firm, and none were first year associates. All are in the Chicago office. This is a belt-tightening measure that will put us in a better position to ride out the economic storm and remain competitive in what we expect will be a challenging business environment for law firms and our clients.

Nancy Bertoglio
Managing Partner

At least the firm didn't throw mud on the associates on the way out of the door. This message makes it clear that the layoffs were done for economic reasons, not because the 10 associates were "under performing" in some way.

Good luck to the most recent additions to the job hunting community.

Earlier: Nationwide Layoff Watch: Katten's Official Message
Update: Sonnenschein Confirms Attorney Layoff Numbers
Nationwide Layoff Watch: Jenner & Block Cuts ... Partners

Dechert has just announced the hiring of former Heller chairman Matt Larrabee. His official partnership with Dechert is thought to be a mere formality.

From Dechert's press release:

"Matt's experience is unusually diverse, with each of his practice areas intersecting with a number of Dechert's core litigation practices: class action defense, antitrust, fraud claims, and complex commercial litigation," said Dechert chairman Barton J. Winokur. "Perhaps most importantly, Matt will provide yet another highly experienced and sophisticated first chair litigator to Dechert's already impressive group of trial lawyers. I think everyone would agree that Matt is one of the most respected trial attorneys in the nation and we welcome him to the firm."

One firm's loss is another firm's gain. If Dechert ever has to dissolve, they've got a new pro in house.

Read the firm's full statement after the jump.

The Chicago market is really tough these days. In the past month, 21 associates lost their jobs with Katten, 25 associates were laid off from Sonneschein, and Jenner Block parted ways with 10 partners.

A tipster tells us that Bell Boyd's Chicago office could be the next firm to suffer the layoff bug:

18 fired this morning, some 1st years, some 4th and 5th years. Firm wide meeting at noon central

We have contacted the firm, but they have not yet responded.

We will update you as soon as we can confirm or deny this report.

Update (3:03): Bell Boyd has confirmed 10 associate layoffs. Please see here for additional coverage.

Earlier: Nationwide Layoff Watch: Katten's Official Message
Update: Sonnenschein Confirms Attorney Layoff Numbers
Nationwide Layoff Watch: Jenner & Block Cuts ... Partners

There are moments in life when one is confronted with the inconsideration of others and can be moved to despise one's fellow man -- e.g., when stepping in discarded bubble gum, or passing through an exhaled cloud of smoke while jogging.

One Yale Law School student had a moment like this in the ladies' restroom, and she has blasted the student list-serv urging greater consideration in the future.

Here is an excerpt:

Dear Prissy Chicks of YLS,

WHY do you squat over the toilet seat and splatter it with pee instead of just sitting on it like everybody else -- or at least cleaning up after yourself? I just went to the ladies room downstairs by the ATM and two of those friggin toilets were liberally spritzed, thanks to your selfish carelessness. Consider:

1. Yes, toilet seats at our school come into contact with the asses and thighs of many many people. But your ass and thighs are not alone in this world!!! Would it kill you to put your naked buttcheeks on the toilet seat, anyway? It's not like you're going to be eating off them! By squatting above the toilet seat and cattily spraying everywhere, you force sensible women to deal with your uric carnage. You either make that toilet unusable, or make the braver women wipe off your peepee...

You might not want to sit on the toilet seat, but *nobody* wants their bum and thighs to be dampened by your prissy potty puddles.

The hazard of being a female. There have been many replies to this, reproduced after the jump. We wanted to highlight this comment, scoring a point for Harvard in the YLS / HLS debate:

You'd think a school with the resources of YLS could tend to its most basic sanitation requirements. (Harvard provides free tampons in the women's restrooms, and perhaps their toilets function, as well.)

Full angry e-mail -- with detailed instructions on bathroom use, and myriad replies -- after the jump.

We've reported that firms with "oversubscribed" summer classes are calling up 2Ls and encouraging them to not accept their 2009 summer associate offers. Unlike Akin Gump's move, the tactic is a clever dodge around the NALP guidelines. As we understand it, firms are not committing these "cold offers" to email, instead using the telephone and avoiding a paper trail.

Career services departments are trying to cope with this new law firm tactic. Some Michigan students received this email from their career services dean:

Hi. It is my understanding that you have an offer from White and Case in New York. After talking to contacts in the New York legal market, it appears that White and Case may have over-hired for next summer and has a particularly large class. Therefore, it may be in your best interest to take another offer if you have one.

According to the WSJ Law Blog, White & Case claims ignorance over why Michigan would send out this email:

A spokesman for White & Case told the Law Blog: "We don't know, honestly, why a law school career services office would send out these letters. No on has talked to us about the situation, and we've certainly not encouraged anyone to send out letters to students."

Notice how White & Case did not say "we intend to honor every summer associate offer we've made."

We have been consistently encouraging 2Ls to accept their offers sooner rather than later. Many career services departments have echoed that advice. White & Case joins Proskauer as one of the firm that has been "outed" as telling people that they should look elsewhere for offers, but we suspect that many firms are doing this.

After the jump, speculation about other firms.

A central theme running through this week's bonus speculation was that bonus decisions would be made much later this year than last year. As first reported here, Cravath kicked off the bonus season last year on October 29th, 2007. But in 2006, Milbank didn't get the ball rolling until December 8th.

The first solid information that bonus decisions could be made a lot later this season came in today from Morgan, Lewis & Bockius. MLB associates were notified that bonuses would not be paid before the holidays via a firm wide email.

Read the email after the jump.

* Nebraska doesn't want your teenagers or kids from other states. The legislature will hold a special session to fix its safe-haven law. [New York Times]

* The DOJ declares Delta and Northwest Airlines man and wife. [Pacific Business News]

* Washington Judge Roger Fisher doesn't want anything to do with scalded monkeys. [Seattle Times]

* A crazy different take on the effect of the financial crisis on law firms. It's boom time for lawyers? [Los Angeles Times]

* Dell gets slapped with a $500 million class action suit, accused of discriminating against women and firing workers over 40. Well, come on, it is a tech company... [Dallas Morning News]

* It took a 46-hour baseball game, but Philly has their first champion since Rocky IV. Sober up by Tuesday okay? [ESPN]

Unless something very strange happens, California's electoral votes are already spoken for. In fact, we might know the next President long before the California polls close.

But regardless of the national election, there are many reasons why Californians should go vote on November, 4th. For many, Proposition 8 (the initiative to ban gay marriage) will be the signature issue on the ballot.

We have reported on attorneys from Orrick and Proskauer staking out positions on Prop. 8. Yesterday, the Daily Journal did a thorough breakdown of Prop. 8 campaign spending.

The California Marriage Protection Act has prompted more than 2,600 attorneys, judges and law professors to write checks totaling at least $1.6 million, but the committees that oppose the measure received 14 percent more money from the legal community than those who support it, an analysis by the Daily Journal shows.

No Biglaw firm took an "official" stance on the issue, but the Daily Journal reported that attorneys at Knobbe Martens, Sheppard, Mullin, Latham & Watkins, Richter & Hampton and Kirkland & Ellis led in terms of individual contributions.

Additional Prop 8 campaign info after the jump.

* A head-to-head comparison suggests that Northwestern has a better J.D. program than Penn. But if Northwestern students ever meet a Penn kid with an épée, they'd better run. [Prawfs Blawg]

* Boston lawyer hottie interacts with her adoring stalkers fans. [f/k/a]

* Ex-Thelen Chairman Richard Gary seems to lay the blame squarely at the feet of Brown, Raysman and Steiner, who departed for DLA Piper before the end. [Legal Pad]

* Between the financial meltdown and the possible ascendancy of Barack Obama, are New York City lawyers still relevant? [Law and More]

* The interaction between law and literature. [New York City Bar]

You never know where you'll find sexism in our society and our profession. It knows no party or ideology.

But it has no place in court. In a decision yesterday, 7th Circuit Judge Richard Posner took a shot at a plaintiff's attorney who thought this was still 1950.

The case, Thorogood v. Sears Roebuck, was perfectly set up for a sexist wisecrack by an attorney cheap enough to take it. The case involved stainless steel clothes dryers that nonetheless caused rust stains on some clothing. A massive class action suit was mounted against Sears because "stainless steel" was not used for every part of the appliance.

During oral argument, the plaintiff's attorney suggested that the all-male bench "ask their wives" about the problems associated with rust stains from dryers.

Posner did not find this funny. Writing for the majority (and holding for Sears) Posner shot back:

At argument the plaintiff's lawyer, skeptical that men ever operate clothes dryers--oddly, since his client does--asked us to ask our wives whether they are concerned about rust stains in their dryers. None is.

Nice.

Prior ATL articles have shown that some men really expect their wives to do all the laundry, but they are a dying breed (I think). There's no way that attorney would have joked about women washing clothes if there was a woman on the 7th Circuit panel.

Hopefully, getting smacked around by Posner will teach this attorney that he should not make sexist remarks in open court regardless of the gender diversity on the bench.

Thorogood.SearsRoebuck.Opinion.pdf

Earlier: And No, She Doesn't Do Windows

Chicago firm Freeborn and Peters has upped the stakes in the crazy, fun website competition. Their career site promises associates the opportunity to "thrive in an open, supportive, collegial culture." A series of recruitment videos have firm attorneys and partners in starring roles and are a testament to the firm's unorthodox culture. Check them out here-- they are long, but worth it.

Our favorite video is "Attorney Lunch," featuring attorneys snoozing, taking shots of coffee, and whistling while they march, as well as an evil partner who misdirects said attorneys to an e-discovery seminar instead of a "weekly gathering of attorneys with free food and drink." We are left wondering though why Freeborn attorneys have such paralegalish days: making photocopies and re-stacking boxes of document production.

Another video, "Bags," ends with the exhortation: "Work Hard. Play Hard."

Our tipster came across the videos while job hunting, and captured our reaction well:

I'm still not entirely sure what I think of them as a recruiting tool. On the one hand, they're completely hilarious, especially for a law firm, and I thought it made the firm look like a fun place to work. On the other hand, I could see how a lot of people would think the videos portrayed the associates as unprofessional (doodling and bored while on the phone with someone, looking unprepared while taking a deposition, etc.). So I think it completely depends on how you think they struck the balance between good humor and professionalism. I'm sort of amazed that the firm put the videos up on its website at all, but ultimately I think it was a good thing they buried the videos on the associate recruiting page where potential clients most likely wouldn't look!

The videos are funny, but Freeborn, a 120-attorney firm specializing in bankruptcy, real estate, and regulatory law, is definitely taking a risk with them. What do you think? Do they work?

Over the weekend I suggested that Harvard Law students were not taking the fall recruiting "crisis" seriously enough. The school's comments suggested to me that HLS saw itself as above the fray.

But whatever public face HLS is putting on the recruiting season, behind the scenes HLS OCS seems to be working harder than ever. A tipster forwarded this email from Assistant Dean Mark Weber:

Dear [Redacted]: Thank you for participating in our Fall OCI Program. I hope you had a productive visit to campus this fall.

I am writing to let you know that we still have talented students who are seeking summer and permanent positions in Northern California. We understand the concerns facing all employers right now, but want to remind you that this can be a great opportunity to enhance your presence at Harvard Law School by hiring one of our students. I have taken the liberty to attach resumes of our students who are seeking employment in Northern California (link below). Also, if you would like to return to campus and interview additional students, we can easily accommodate your schedule to meet with students on campus or through our newly launched video conferencing facilities. Finally, remember that you can also post any employment opportunities in the HLS job bank which is exclusively available to our students and alumni. Click here to post a job.

I hope you will consider hiring additional Harvard students for employment with your firm. If you are interested in returning to campus or utilizing our video conferencing capabilities, please contact [redacted] And of course, please don't hesitate to contact me if I can ever be of assistance to you or your firm's recruitment efforts at Harvard. Many thanks for considering our students.

Sincerely,

Mark Weber

I spoke with Weber and he confirmed that this was a new tactic his office was taking:

In light of the current economic climate, I did send out the letter to employers a few weeks ago. I haven't sent out a letter like that before, but given the favorable response we have received from employers, I think it is something we will do in the future.

Other law school responses after the jump.

As we mentioned in Morning Docket, Google reached a settlement with publishers and authors to finally bring the Dewey Decimal System into the digital age.

Most lay people think that lawyers serve an annoying, anti-common sense role in society. But every now and again lawyers perform the important function of keeping "the law" safe from the forces of the free market and human progress.

Google wants to digitize the collections of the world's greatest libraries in order to make them searchable. This is called "progress" and desperately needs to happen. But authors and publishers also need to protect their works -- and make money off of them, if possible.

This issue demanded an out of court settlement, and lawyers from Keker, Debevoise, and other firms got the job done.

Under the settlement:

Authors and publishers will get 63 percent of revenue generated by Google's electronic book database from the sale of online books and advertising. As part of the $125 million, Google will pay $34.5 million to set up the Book Rights Registry, which will collect the money and give it to the copyright owners. Another $45 million will go to authors and publishers that had their books uploaded without permission. Plaintiffs lawyers will take home $30 million.

Mmmm ... fairness: the kind of fairness that cannot often be achieved through trial. Authors and publishers get 63% of the revenue (which, when you break it down will probably come out to 2 Lincolns per title). But, much more importantly, they will get the publicity that comes when people can actually read their book that is no longer popular enough to print. Google can then go about the business of bringing the entire digital world under their imperial control. And the lawyers got paid off too.

And nobody had to come up with a ridiculous "fair use" precedent that could have crippled the rights of authors for years to come.

Yay attorneys, yay settlements.

Google to Pay $125 Million in Settlement Over Book Digitization [Law.com]
Major Universities See Promise in Google Book Search Settlement [Authors Guild]
Proposed Settlement

[Ed Note: This post was written for ATL by "Heller Drone," who created the blog Heller Highwater in response to a lack of information concerning Heller Ehrman's dissolution. We asked Heller Drone for helpful advice to offer Thelen associates and staff. Good luck to everybody dealing with these difficult circumstances.]

Being capsized is often something quite jarring and comes upon you suddenly and painfully, say like food poisoning or an episode of The View. And despite the fact that you can see that iceberg in the distance, a soon-to-be ex-staffer of a BigLaw firm can't always anticipate each and every wave that will buffet his or her lifeboat. Here are words of advice for our colleagues at Thelen and perhaps other firms which are in the process of dissolving:

Get Organized

You don't necessarily need a blog but it is a nice way of communicating to a large group without hosting a website on your domain, etc. Blogging is a very "turnkey" operation and with platforms such as Blogger or WordPress or Typepad you can be on your way to your first post in less than five minutes. Any stressed and harried soon-to-be unemployed staffer can do it.

Besides a blog, set up some form of networking such as Facebook or better yet LinkedIn. This will allow former staffers to communicate with each other once the firm's email system is offline.

Know Your Rights as an Employee

Do your research - and if you don't know where to start enlist a paralegal or associate to assist. Realize that labor laws differ by state and this includes vacation accrual, how to file a wage claim, etc. Make sure you understand clearly anything you are being asked to sign and ask to make a copy of the document, take it home and review it first if possible. Do not sign any of your rights away during what can be a very emotionally trying time.

More tips after the jump.

We received 836 responses to Monday's ATL / Lateral Link survey on whether you'll be volunteering your services on Election Day, and the results are pretty remarkable. Over 40% of practicing attorneys who took the survey said that they would be helping out:

  * 23% will be working as election monitors.

  * 11% will be staffing call centers.

  * 7% will be members of a legal response team.

  * Another 7% are still deciding whether to volunteer.

Law students are even more active, with 46% planning to work as election monitors, 6% staffing call centers, and 9% supporting a legal response team.

Interestingly, Obama supporters were much more likely than McCain voters to spread their time around for Joe the Voter, with 30% working as election monitors (vs. 15% of McCain voters), 12% staffing call centers (vs. 4%), and 9% working in legal response teams (vs. 5%).

Formal law firm support also had a pretty substantial impact on attorney participation in next Tuesday's efforts, especially among attorneys staffing call centers:

  * At firms counting the work as billable time, more than two thirds of attorney respondents will be volunteering their services (31% as poll monitors, 30% in call centers, and 7% in response teams).

  * The percentage of volunteers drops slightly, to 60%, at firms that consider the work pro bono but non-billable (31% poll monitors, 18% call center staff, and 11% in response teams).

  * But at firms that give no credit at all, only 34% of respondents have decided to volunteer on Election Day (24% as poll monitors, 2% in call centers, and 8% in response teams).

Quite a few firms will be giving credit. 27% of respondents said that they can indeed count their service toward their billable hours, including associates at Cleary Gottlieb, Cooley Godward, Davis Polk, Dewey & LeBoeuf, Goodwin Procter, Hogan & Hartson, Katten, Kelley Drye, Kirkland & Ellis, Latham, Morgan Lewis, MoFo, Orrick, Paul Hastings, Ropes & Gray, Shearman & Sterling, and Skadden. Another 12% of respondents will count their work as pro bono, but not billable time.

That said, though, roughly a third of respondents said that their firms would not be providing any credit for volunteering next week, and about a quarter of you weren't sure.

In addition to firm support, there's quite a bit of peer support going around. More than half of attorney respondents noted that their firm colleagues were also volunteering next Tuesday. 41% said that both partners and associates were pitching in, while 11% said that other associates were signing up, but not partners.

Actual participation may be even higher though, as 38% of respondents weren't sure whether other attorneys at their firms were getting involved. Only 9% of respondents said that neither their peers nor their partners would be volunteering next week.

So, overall, it looks like next Tuesday's going to be a pretty quiet day at the office. Probably a good day to do some volunteer work. (You can still sign up here or here.)

--
Justin Bernold is a Director at Lateral Link, the sponsor of this Associate Life Survey.

[Ed Note: Do you have a question for next week? Send it in to advice@abovethelaw.com]

ATL -

I'm new at my firm (small firm in Midwest, not BigLaw), and apparently people here dress up for Halloween. The head partner has sent a bunch of emails reminding everyone to wear their costumes on Friday, Oct. 31 and the secretaries are going nuts talking about it. What should I go as? Or should I not dress up?

All Dressed Up For Nothing

Dear All Dressed Up For Nothing -

Your firm differs little from Biglaw; every shop I know treats Halloween as a day of unbridled merriment and levity. Deals come to a screeching halt, associates throw documents off their desk and set up jack-o-lanterns and duplicating and graphics department mail people cast their bitter feuding aside to hold hands and dance around the cafeteria bonfire. To keep up with your firm's apparent enthusiasm for the holiday, so you'll need a costume that projects an image of the associate (and future partner!) they want you to be: bold, slutty and borderline offensive.

If there are devout Latter Day Saints at your firm, consider going as a Yearning for Zion FLDS member. Wear a stunning number from FLDS Crafts and spend the day carrying around a sister wife blow up doll and eight Cabbage Patch Kids. Commiserate with LDS colleagues about the long commute to work in a covered wagon.

Another sure-fire hit is donning a blonde wig and a slutty nurse costume. When your supervising partner asks what you're dressed as, reply "Your wife."

Finally, if you don't want to spend a ton of money on a costume, wear a suit and turn the pockets out. Smear grease on your face, clutch a crumpled Lateral Link brochure with your fingerless gloved hands. Make a matilda using a golf club and tie a Thelen gym bag to the end. You're all set to go as a homeless person. Now that's scary.

Happy Halloween!

Your friend,

Marin

Elie's advice after the jump.

* Google Book Search is now on the path to officially kill the public library. Google will pay $125 million to settle two copyright lawsuits, and will move forward with making millions of books available online. [Bloomberg]

* A Nevada judicial candidate has sued the Las Vegas Review-Journal, claiming the newspaper defamed him and cost him the election. [Courthouse News Service]

* Austrian man drives drunk to protest drunken driving charges. [Reuters]

* One of President Bush's biggest contributions from the last 8 years is a more conservative federal judiciary. And they're young 'uns, so they'll be around for a while. [New York Times]

* Four months in prison for former Detroit Mayor Kwame Kilpatrick. And he owes the city $1 million. [Associated Press]

* Nixon Peabody steals welcomes 25 more lawyers from Taylor Wessing's Paris office. [American Lawyer]

* A little bankruptcy humor seems appropriate today. [Bankruptcy Bill]

* HLS student sets his law degree on fire. Actually, I'm not talking about myself. [Legal Blog Watch]

* Should M.B.A candidates receive a deduction for the cost of their degree? [TaxProf Blog]

* If you'll be in New York on Thursday night, and if you're interested in what it's like to be an out LGBT attorney, here's a discussion that might interest you. [LGBT Community Center]

* Win a date with Kashmir Hill? Oh, Lat and I are included too. If you'll be in D.C. on Thursday night, please stop by Georgetown Law, and bid aggressively for item #16. [Georgetown Law Equal Justice Foundation]

Thelen has officially announced they will dissolve.

According to the release, Thelen:

[B]reached a partner departure covenant that restricts the number of partners who may depart the firm within any twelve month period.

In other words, the bank pulled Thelen's line of credit, much like they said was not going to happen.

Most disturbingly, Thelen apparently does not think it is obligated under federal regulations:

Although not necessarily required, Thelen is seeking to pay its employees 60 days salary under federal and state WARN Acts. The firm is also seeking to pay all accrued vacation pay. The response to date from the bank is that it will fund employee salary through Nov. 30, but will not pay accrued vacation pay. Both of these issues are still under discussion.

We'll see how that flies in court, which is undoubtedly where this will end up.

Read the full press release after the jump.

After yesterday's news that Thelen Chairman Stephen O'Neal was in talks to move to Howrey, the Thelen partnership met today.

That meeting is still ongoing, but early reports are that a partnership committee recommended dissolution to the full partnership.

The firm has been maintaining that they had a plan that would avoid dissolution ever since their proposed merger with Nixon Peabody fell through.

Update (5:05): As we understand it, Thelen has two different options from this point.

Option 1 is the plan they have arguably been pursuing: breaking up the firm practice group by practice group to interested parties. As we reported yesterday, this is the best option to save associate jobs. However, that plan is dependent on Thelen's banks signing-off on the plan and maintaining their line of credit. Did Stephen O'Neal's aggressive and ultimately public pursuit of his own lifeboat at Howrey scuttle that option? Once everybody is told that the managing partner could be leaving in ten days, why would other potential suitors compete for full Thelen practice groups? Instead, it's easier to wait for an official dissolution and cherry-pick the rainmakers. This is what happened to Heller.

Option 2 is essentially what happened to Heller. If the full partnership accepts the recommendation and dissolves, this would likely trigger the WARN Act. As we know from the Heller situation, employees are entitled to 60 days notice. Many people predicted that Thelen would move to dissolve this week, last week one tipster told us that Thelen wanted to wrap up their operations before the end of the year. If true, that all but necessitates an official dissolution announcement this week. But, as Heller teaches us, just because you get 60-days warning doesn't mean you get 60-days pay. We know that various Thelen associates were told that this type of dissolution was not going to happen. But ... it appears to be happening.

Click here for Thelen's official press release.

Thelen Launches Dissolution Vote [LegalPad]

Earlier: Weebles Wobble, But Does Thelen Fall Down?

With all the attention focused on the 2009 summer class, and current associates getting laid-off, and full service law firms dissolving, we've kind of lost sight of the 2008 summer class. Many of them have still not made a decision about their future employment.

We've received reports from multiple tipsters that say Locke Lord's Houston office made offers to less than 50% of their summer class:

I thought you should know that [Redacted] Locke Lorde in Houston, TX only extended offers to 14/30 of their 2L summer associates - including no-offers to some who had spent their 1L summer with them.

As we understand it, 27 of those summers were 2Ls.

Apparently the relationship between Locke Lord and their 2008 summers was one of mutual unhappiness. We've been told that of the 14 offers, only four have been accepted at this point.

You'd expect a little better than 4 out of 14 in this market.

A "profile" of one of the summers that did receive an offer after the jump.

This is not the best time to be losing Bankruptcy rainmakers. But according to the ABA Journal, that is exactly what is happening to Kramer Levin Naftalis & Frankel. The three partners are: David Feldman, Eric Wise and Matthew Williams. David Feldman was formerly the co-chair of Kramer Levin's bankruptcy group.

Gibson Dunn's press release heralding the new hires reinforced the trio's rainmaking capacity:

"This group has an established practice and a tremendous reputation in the distressed debt arena and will give Gibson Dunn a strong foundation in this growing area," said Michael Rosenthal, Co-Chair of the Business Restructuring and Reorganization Practice Group.

Update (3:51): As many commenters pointed out, bankruptcy superstar Luc Despins is leaving Milbank for Paul Hastings. According to the National Law Journal:

Luc A. Despins, well-known in the profession for his representation of the creditors' committee in the bankruptcy of Enron Corp., is the latest marquee name to be poached as firms rush to ramp up restructuring practices in response to the worsening economy.

According to our sources at Milbank, no associates will be leaving with Despins. The firm could not be reached for immediate comment.

Bankruptcy lawyers are the new IP attorneys. They're very much in demand.

Kramer Levin Bankruptcy Trio Jumps Ship to Gibson Dunn [ABA Journal]
Top Milbank Bankruptcy Partner Leaves for Paul Hastings [Law.com]
Gibson Dunn Adds Three-Partner Bankruptcy and Distressed Debt Group in New York [Gibson Dunn]

We previously discussed Maryland's Halloween sex offender ordinance, which requires convicted sex offenders to turn off their lights and display the sign (shown to the right) warning children to stay away on Halloween.

Missouri has a similar law. They require sex offenders stay inside between 5 and 10:30 p.m., prohibits them from participating in Halloween related activities, and wants them to turn down the lights and post a "no candy here" sign.

According the WSJ Law blog, District Judge Carol Jackson struck down parts of the law yesterday. In particular, the judge was concerned with the vagueness of the law:

Apparently, Judge Jackson was concerned that in some cases, parents could be punished for Halloween activities with their own children, such as "carving a pumpkin in the privacy of your kitchen with your 5-year-old child." She questioned whether such parents might have to send their kids away on Halloween to avoid prosecution. "It's not too much to expect criminal laws to be clear," she said.

The judge did not note what many of our commenters already have: telling sex offenders to turn down the lights is a terrible idea.

Seri