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.
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.
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.
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
Friday, October 31, 2008 12:14 PM - By Elie Mystal
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.
Friday, October 31, 2008 11:00 AM - By Kashmir Hill
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.
Friday, October 31, 2008 10:01 AM - By Elie Mystal
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.
Friday, October 31, 2008 9:07 AM - By Kashmir Hill
* 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]
Thursday, October 30, 2008 5:52 PM - By Elie Mystal
* 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]
Thursday, October 30, 2008 4:55 PM - By Elie Mystal
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.”
Thursday, October 30, 2008 3:01 PM - By Elie Mystal
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.
Thursday, October 30, 2008 2:26 PM - By Elie Mystal
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.
Thursday, October 30, 2008 1:41 PM - By Elie Mystal
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.
Thursday, October 30, 2008 12:58 PM - By Kashmir Hill
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.
Thursday, October 30, 2008 12:17 PM - By Elie Mystal
Almost anyone who has interviewed for a job is familiar with the point at which the prospective employer asks, “So, do you have any questions for me?” Not everyone prepares for this moment, however, and “No, I don’t think so,” remains a surprisingly common response.
Candidates who decline to ask questions in an interview pass up a significant opportunity to advance their interests. Worse, this lack of initiative can leave the impression that either a) they don’t particularly care whether they get the position, or b) they aren’t knowledgeable enough to anticipate the types of issues involved in the work.
By contrast, asking thoughtful questions in a job interview allows candidates to:
* show you understand the types of issues facing the company,
* demonstrate how you would develop strategies to address such issues,
* highlight your critical thinking and problem solving skills, and
* underscore your interest by taking the time to research the individual company.
In a pool of otherwise equally qualified candidates, asking suitably crafted questions can help you stand out, and at the same time give you valuable information to help you decide whether you would accept an offer there.
1. What not to ask…
It should go without saying that an initial interview is not the time to ask questions about salary, vacation, or other benefits. Similarly, questions relating to turnover rates, how quickly staff are promoted, how often people move between practice groups, and where people go when they leave the job should wait until after an offer is made.
Remember that basic rules of interview etiquette continue to apply as you articulate what it is you want to know. Your interests are not advanced by coming across as a know-it-all, challenging why the company has or has not taken certain actions, or opining on matters you really don’t know much about. You leverage the opportunity to showcase your skills only when the questions you pose are both substantive and appropriate in the context of an interview.
Thursday, October 30, 2008 11:38 AM - By Elie Mystal
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.
Thursday, October 30, 2008 10:28 AM - By Elie Mystal
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.
Thursday, October 30, 2008 9:21 AM - By Kashmir Hill
* 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]
Wednesday, October 29, 2008 6:12 PM - By Elie Mystal
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.
* 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]
Wednesday, October 29, 2008 3:57 PM - By Elie Mystal
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.
Wednesday, October 29, 2008 3:01 PM - By Kashmir Hill
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?
Wednesday, October 29, 2008 1:50 PM - By Elie Mystal
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.
Wednesday, October 29, 2008 1:00 PM - By Elie Mystal
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.
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.
Wednesday, October 29, 2008 12:00 PM - By Elie Mystal
[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.
Wednesday, October 29, 2008 11:00 AM - By Justin Bernold
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.)
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.
Wednesday, October 29, 2008 9:04 AM - By Kashmir Hill
* 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]
Tuesday, October 28, 2008 6:00 PM - By Elie Mystal
* 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]
Tuesday, October 28, 2008 5:18 PM - By Elie Mystal
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.
Tuesday, October 28, 2008 4:28 PM - By Elie Mystal
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.
Tuesday, October 28, 2008 4:11 PM - By Elie Mystal
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.
Tuesday, October 28, 2008 3:09 PM - By Elie Mystal
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.
Tuesday, October 28, 2008 2:13 PM - By Elie Mystal
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.
Seriously, the whole thought process behind trampling civil liberties requiring these extra regulations for convicted sex offenders is the fear about sex offender recidivism. If we are truly worried that sex offenders are ticking time bombs waiting to explode all over little children, shouldn’t their houses remain well-lit at all times?
Also, why should sex offenders be forced to stay home on Halloween? It seems like a great time for them to fulfill their Megan’s Law requirements, just like Will Forte suggested.
Tuesday, October 28, 2008 1:11 PM - By Elie Mystal
A firm-wide memo from Charlie O’Neil, managing partner of Chadbourne & Parke, announced that the firm was instituting a legal and non-legal hiring freeze in response to the economic downturn.
The lengths O’Neil went to try and bury this important piece of firm information are slightly amazing. The firm-wide email was entitled “How Are We Doing?” and the first 4 paragraphs read like the “Yay Us” emails we’ve seen from firms like DPW and STB.
However, in the sixth paragraph, O’Neil gets to the part where he talks about keeping control over firm expenses:
That said, expenses have been under constant review and we have taken a number of steps to better position us for the remainder of this year and next. Among the more significant is the decision to delay much of the planned technology upgrade. We recognize the need to improve technology and certain of the more important upgrades will continue. Others, including the upgrade to new desktop computers and software, will be postponed. We will review this decision in 2009 as the economic picture becomes clearer. Should conditions improve we will begin the upgrade sometime in 2009; otherwise it will be delayed until 2010. We will be issuing new guidelines pertaining to controls over Firm business expenses, including travel. We will also more closely monitor and limit certain other expenses which in a more robust economy might otherwise be acceptable We have also instituted a freeze on hiring legal and non-legal personnel. To the extent a practice area has need of additional legal personnel, we will seek to temporarily shift lawyers from a less-busy practice area to assist, rather than hiring laterally. We will take the same approach with non-legal personnel and departments. We welcome your thoughts on other cost saving measures.
Catch that? I bet O’Neil hopes you didn’t.
More after the jump, including the full Chadbourne memo and the firm’s response.
Tuesday, October 28, 2008 11:57 AM - By Kashmir Hill
A piece of general advice for judges, lawyers, presidential candidates, and almost everyone else: avoid using the terms “you people” and “that one.” They tend to raise hackles. And get you removed from the bench.
The North Carolina Supreme Court removed Judge Mark H. Badgett from the bench after he ordered a Hispanic man accused of domestic violence to pay child support when none was requested, saying “you people always find a way,” and, “I don’t know how you treat women in Mexico, but here you don’t treat them that way.”
After defendant Floyd Mandez Carreon objected, Badgett ordered a deputy clerk to take Carreon’s wallet from his pocket, hand over $140 in cash to Kathy Mendez Carreon, and let her take down Floyd’s Social Security number.
Ordering a deputy clerk to rob a defendant isn’t kosher? Another “whoops” moment after the jump.
Tuesday, October 28, 2008 11:02 AM - By Elie Mystal
When Harvard law school announced that they would be dropping their letter-grading system in favor of a pass/fail system, we noted that the school had not yet decided how to apply the new system to current law students:
But the crucial question is whether this new system will be applied retroactively to the classes of 2009 and 2010.
Well, today Harvard decided. After discussing the pros and cons of applying the new system to current 2Ls, Dean Elena Kagan announced:
In light of these strong arguments on both sides of the question, the School will adopt something of a middle course, suggested by a number of second-year students. (I should note that second-year students offered several other creative approaches to the issue, and we seriously considered all of them.) In 2008-09, members of this class will continue to receive traditional grades. In 2009-10, members of the class will receive grades under the new grading system, with the result that the entire school in that year will operate on this new system. Graduating honors will continue much as now, based on performance from all three years. This approach will allow students in the position I have described above to show the kind of improvement in their academic records most easily recognized by judges and other employers (because based on the same metric). At the same time, it will enable the entire Law School, including members of the class of 2010, to participate in, and gain the educational benefits of, the new system beginning next year. I understand that some may view this solution as akin to cutting the baby in half, and it will disappoint some students on both sides. But it seems to me to respond appropriately to the most powerful concerns on either side and thus to represent a judicious, even if by no means perfect, resolution of the issue.
This is a big difference from what Stanford instituted this September. Remember, SLS decided to retroactively apply their modified pass/fail system to the 1L grades of current 2Ls.
Harvard’s balancing act is designed to give 2Ls the best chance at getting jobs and clerkships in this tough market. But transcripts of 2010 law school graduates will still look … a bit weird. At least 2010 SLS transcripts will all be on the same system, somehow.
Which do you prefer?
Read Kagan’s full memo, including her discussion about what happens to 3Ls and LLMs, after the jump.
Tuesday, October 28, 2008 10:06 AM - By Elie Mystal
A year ago tomorrow (Wednesday), Cravath kicked off the 2007 bonus season by announcing bonuses which ranged from $35K to $60K and “special” bonuses that ranged between $10K and $50K.
Don’t expect Cravath to come out of the gate early this year. We asked Cravath whether they would be bonus leaders this year, but they declined to comment, citing their longstanding policy of not talking about associate compensation issues.
But remember how surprisingly early last year’s bonus announcement was for Cravath. In 2007 they announced on October 29th, but in 2006 they didn’t announce until December 11th. In ‘06, Milbank came out with the first bonus announcement, but they waited until December 8th to announce.
From what we are hearing, bonus announcements could come even later in 2008 than they did in 2006. Sources are telling us that their firms are trying to wait until the last possible minute to announce bonuses. Managing partners are still trying to lock down their fee collections, which are lagging given the economic difficulties.
In addition, some firms are still trying to figure out which clients will exist going forward.
With all the uncertainty, late bonus announcements seem likely.
Tuesday, October 28, 2008 9:05 AM - By Kashmir Hill
* A Guantanamo prisoner and his attorney are boycotting their own trial. They have to be in court, but they aren’t saying a word. It was not the best strategy for voir dire. [Associated Press]
* Musical chairs: Colorado Assistant U.S. Attorney Haley Reynolds to head to Iraq. [Denver Post]
* Edward “frying pan” Halverson pleaded guilty to beating his ATL Judge of the Day Hall of Famer wife, and will spend the next 3 to 10 years in prison. Apparently, the fight was a result of delayed dinner plans. [Las Vegas Review-Journal]
* Auditors prepare to be sued. They are “classic litigation targets when finances go awry, and the swift collapse of seemingly sound financial institutions is expected to clog the courts for years to come.” [Compliance Week]
* If the Phillies end up blowing this thing, beleaguered Philadelphia sports fans will have an excellent cause of action for secession. [ESPN]
We’ve spent the day collecting our Thelen rumors. This morning The Recorder reported that Thelen chairman Stephen O’Neal has been in talks to move to the D.C. firm Howrey. Apparently, he’s poised to take 30 attorneys with him.
The firm is set to hold an all partner meeting on Tuesday to discuss their options:
A much anticipated all-partner meeting is being held Tuesday, according to a Thelen partner, although the agenda hasn’t been made available to rank-and-file partners. The meeting had been set for last Thursday, but was rescheduled at the last minute.
“It’s certainly clear to us as industry observers that Thelen has reached a tipping point,” said William Nason, a recruiter with San Diego-based Watanabe Nason Schwartz & Lippman. “It’s amazing to us how quickly firms dissolve when they get to that point.”
Distinguishing Thelen from other dissolution targets after the jump.
* Bishop Arthur J. Serratelli of Patterson, NJ apparently told his flock not to vote for Obama. If a priest speaks to Northeastern Catholics, and it is neither Christmas nor Easter, does he make a sound? [TaxProf Blog]
* New York City raised the fine on people who refuse to pick up after their dog for the first time in 30 years. The fine now stands at $250. The fine should be $1,000 and your neighbors being allowed to poop in your shoes for a week. [Animal Law Blog]
* Salient advice disabusing 1Ls from the notion that they will get a Biglaw job.
[Build a Solo Practice]
* Hang-overs should be unconstitutional as against public policy. [Foggy Monocle]
* This is the time of year when intelligent life forms migrate to warmer climes. Blawg Review is an intelligent life form. [UCL Practitioner via Blawg Review]
Breaking from CNBC, CNN, and NYT, Alaska Senator Ted Stevens has been found guilty on all seven counts of making false statements on Senate disclosure forms.
More to come.
Update (4:24): The jury started to deliberate Wednesday. On Monday jurors noted a discrepancy between the indictment and the evidence. According to CNN:
The indictment accuses Stevens of checking “No” in response to a question about whether Stevens or his family had “any reportable gift … more than $260” in 2001. But the form introduced as evidence in court shows he checked “Yes.”
The prosecution argued that the discrepancy was a mere typo, while the defense argued that the typo required the judge to throw out a specific count of the indictment. The judge was angry about the error:
But he did say the defense proposal went too far, instead deciding to tell the jury to match the available evidence with the appropriate charges in the indictment.
“The indictment is merely a charging document, it is not evidence. You must consider all the evidence and my instructions to determine if the government has proven each element in the indictment beyond a reasonable doubt.”
Stevens (R) is locked in a re-election battle in Alaska. Conventional wisdom was that Stevens would either lose his race or get drummed out of the Senate if he was found guilty. Politico reports:
And even if he wins reelection, Stevens could face an expulsion from the Senate. Of the four sitting senators who were convicted of crimes while in office, only one — Sen. Truman Newberry (R-Mich.) — continued to serve after being found guilty, and he was eventually hounded out of office in 1922 by senators seeking his expulsion.
The lead prosecutor for the Department of Justice was Brenda Morris, an adjunct professor at Georgetown University Law Center who received her JD from Howard University. Brendan Sullivan (JD GULC) of Williams and Connolly represented Stevens.
This summer, the firm had to deny a rumor of possible dissolution. The word is that the firm took an especially tough beating when the bottom fell out of the housing and credit markets. In September, just a week after Lehman Brothers collapsed, we reported that Thacher Proffitt was looking for a white knight to save them (King & Spalding).
Today brings word that Thacher Protfitt abruptly closed their office in White Plains, New York. The firm declined to comment on the closing, but this picture was on the door of the firm’s (former) White Plains office (thumbnail image; click to enlarge):
A tipster reports:
Presently, there are no attorneys or support staff anywhere in the office — just boxes, empty ones being filled, and filled ones being shipped out.
Update: Back in April, we passed along a rumor that the White Plains office would be closing. The firm denied this, but the closing has now come to pass.
The Texas based law firm of Haynes and Boone moved their Dallas operations into a new “green” office today. Despite the laudable initiative, some lawyers and many support staffers have complained about the new “confines.” Apparently, personal space is at a premium in the new space. Administrative assistants are particularly annoyed, as they will be moved out of cubicles into an open floor plan, “fishbowl” situation.
In addition to the lack of privacy, Haynes and Boone issued new policies regarding how secretaries use the personal space they still have. Most of the new rules meet an accepted standard of “petty.”:
2. There will be a sufficient number of small plants that Gensler will place in appropriate areas around our floors. You may have one 8-inch potted plant in your office or on your desk—none on the ledges.
3. Please do not put any objects or plants on ledges or the tops of your cabinets. Two framed pictures and a small candy dish may be placed on your desk, but no beanie babies on desks.
You’re moving into new environmentally friendly offices, but you’re going to regulate the number and types of plants employees are allowed to have? That’s not directly contradictory, but it’s certainly annoying.
Does the legal academy suffer from a dearth of ideological diversity? It’s a question raised by the defection of prominent conservative law professors — including Doug Kmiec and now Charles Fried (pictured), who both held top positions in the Justice Department under Ronald Reagan — to the candidacy of Barack Obama.
From a post on Friday entitled “Charles Fried’s Absurd Obama Endorsement,” by conservative law professor Stephen Bainbridge (rhetorically addressing Fried):
Let me see if I understand this. You throw over the beliefs of a life time and vote for somebody who’s arguably the most radical national ticket Democrat since Henry Wallace because you’re having a hissy fit about Sarah Palin? [Ed. note: In explaining his support for the Obama-Biden ticket, Fried cited McCain’s “choice of Sarah Palin at a time of deep national crisis.”]
First Kmiec and now Fried have betrayed the Reagan Revolution. They’ve tossed the principles they purported to hold under the bus to endorse a guy who is the antithesis of those principles and who will burden us with activist judges that will dismantle all the achievements the conservative legal movement won in the last three decades.
Is this a fair critique of Professors Kmiec and Fried? And what do their endorsements say about legal academia?
Earlier this month, an ATL / Lateral Link survey found that 86% of you were talking about politics in the workplace. And 18% of you reported that a fellow associate had tried to convince you to vote for their favorite candidate.
But are politics just seeping into your workplace, or will you be taking your profession to the polls? As the Obama campaign recruits lawyers to join the world’s largest law firm next week and the McCain campaign recruits its own Legal Response Team, how are you and your firms planning to spend the day?
Will you be policing the polls for pro bono — or billable — credit?
Update: This survey is now closed. Click here for the results.
As we have extensively reported, the top-six schools (Yale, Harvard, Stanford, Columbia, NYU, Berkeley) have all moved away from letter grading towards a modified pass/fail system, or are contemplating such a move (Yale and Berkeley have had pass/fail systems for some time).
The University of Chicago Law School, which currently has a grading system that defies rational understanding, is the next logical school to face the growing tide towards grade reform. On Friday, an all faculty meeting took place to discuss the matter.
According to tipsters, one professor discussed the meeting with his class. The professor suggested that the administration felt they had to consider the issue with an eye towards remaining competitive with their peer institutions. The professor then asked the class if they shared those concerns:
Interestingly enough, the professor who mentioned this to us did a straw poll of students (mostly 2Ls) and the vast majority were in favor of staying on our current system. It’s not like anyone knows what our system really is/means, so why change it?
Monday, October 27, 2008 11:27 AM - By Elie Mystal
In a National Law Journal piece published today, Senator John McCain wrote at length about the law.
McCain said he was committed to three priorities:
I want to concentrate on what would be three important priorities in a McCain administration: keeping the Department of Justice politically neutral, focusing law enforcement programs on addressing important issues of the day and appointing strict constructionist judges.
The Justice department line sounds like another clear break from the policies of George W. Bush, a distinction McCain has been making more and more in the closing days of the campaign:
My first objective would be to ensure that the department is, and remains, above the political fray. The department must function with integrity and effectiveness above all else.
Monday, October 27, 2008 10:35 AM - By Kashmir Hill
The MacArthur Foundation is known for its genius grants— a.k.a. “Out of the blue—$500,000— no strings attached”— that are given to 20 to 40 individuals each year in recognition of incredible creativity and originality.
Last year, the Foundation started giving out a new award: the international justice award for individuals and organizations that have “been transformative forces in the fields of human rights and international justice.” Diplomat, economist and former UN Secretary-General Kofi Annan was the inaugural recipient. Great guy and all, but not an attorney.
We’re happy to report that an actual lawyer has received the award this year. Congratulations to Justice Richard Goldstone, of South Africa. He gets $100,000 and can recommend non-profit recipients for an additional $500,000.
The MacArthur Foundation’s announcement says Goldstone has received the award for his work as chief prosecutor of the tribunals for Rwanda and the former Yugoslavia, “the first of their kind since Nazi war criminals were tried at Nuremberg following World War II.” He focused on prosecuting top political and military perpetrators and filed genocide and crimes against humanity charges against Bosnian Serb leaders Radovan Karadzic and Ratko Mladic in 1995.
“Since the early 1990s, we have witnessed the emergence of a system of international justice that is growing stronger with each new case tried in a regional court or UN tribunal and with each investigation opened by the International Criminal Court. It has given me tremendous pride and satisfaction to have played a role in ensuring that the perpetrators of mass atrocities have more reason today than ever to fear being brought to justice,” said Goldstone.
Goldstone is no stranger to the U.S. He has taught international law at Harvard, NYU, and Fordham.
See, international law is not completely worthless. It may be worth less than a year in Biglaw, but still…
* Sarah Palin is “going rogue.” And she’s a “diva.” And she “sees herself as the next leader of the party.” Unnamed McCain aides tell all! [CNN]
* Malaysia’s former prime minister finds himself shut out of the public space thanks to the press censorship he helped perfect as leader of the country for 22 years. So now he’s blogging. [International Herald-Tribune]
* While McCain and Obama duke it out in the battleground states this week, their legal teams prepare to wage voter fraud battles in courtrooms across the nation. [Reuters]
* New York finds private attorneys scheming their way into state pensions. [Newsday]
So far we have received letters from the following law schools urging students to accept their offers prior to the NALP deadline: Northwestern, NYU, Columbia, UPenn, UT, Michigan, and even Hofstra. The message from career services departments all across the nation is that firms are oversubscribed, and that some firms are rescinding offers. Sit on multiple offers at your own risk.
Late Friday evening, Harvard Law School — which just completed their extremely late fly-out week process — decided to enter the fray. From an email sent out to all interviewing students:
Important Information about Responding to Offers
You may have heard reports that some firms have rescinded offers to students because their summer programs were full. While some firms have rescinded offers, the vast majority of firms have not engaged in that practice and have no intention to do so. Use good judgment and take the time you need to make an informed decision. Keep in mind that some firms’ summer programs are filling up more quickly than others. If you have any concerns about whether an offer will be held open or any other issues, we suggest that you call the hiring partner or recruiting director so that you are making decisions based on fact.
If you are able to make your decision before the expiration of the 45-day period, we encourage you to do so. Law firms will appreciate your prompt response and so will your classmates who may be in a position to receive an offer from an employer that you have turned down.
It’s not too late to get a date for the weekend instead of sitting at home and playing Rock Band 2. Not too late at all, if you don’t mind putting up with a lawyer. From Craigslist:
Older Attorney Seeks Younger Girlfriend - 39
Call it a mid-life crisis, but I want a younger girlfriend. I’m 6’0”, 195lb., and of German-Italian heritage, divorced with no kids. I’m a former pentathlete, so I’m in pretty good shape. And, I know this is important for finding a younger girlfriend on Craigslist: My apartment looks out over Central Park, I drive a Mercedes-Benz S600, and I wear a $44,000 Breguet watch.
I’m not looking for a “sugar daddy/sugar baby” relationship. I’m not giving anyone an allowance, or paying for someone else’s apartment or car. But, I have a taste for the good life, so there will be a lot of nights out at fine restaurants and vacations to warm places in the winter.
E-mail me with a picture with a line or two about yourself. I’m looking for someone in her early 20s (at least 21), slim, white, and knows how to dress well.
You got that? He is not looking for a sugar baby, just a college student that’s easily impressed.
But maybe some of you are looking for younger partners too:
Perfect on Paper - 24
Here’s the thing, it’s easy for people to lie about themselves, or even tell the truth but spin it. Given that, I can make myself look pretty damn good without saying anything untrue. I’m 24, single, extremely intelligent with a degree from a top ten school, attending a top 5 law school. I play guitar and sing very well, I’ve been in bands and I write lovely little pop songs. I’m cute, in a geeky, part-Jewish kind of way. I write well, I read tons, and I can talk about anything (except for most sports, though sometimes I can fake it.) I can hold my liquor but avoid drinking to extremes. I am funny as hell, with a quick, sarcastic wit. I cook— once I’ve made you breakfast, you’re mine. I am sweet, caring, and sensitive.
Thing is, the way people write about themselves around here, none of that sounds very special, does it? But there is more. Perfect on paper is boring in person, but I’m a lot more complicated than that. I’m insecure, moody, and fairly damaged— I like to think of that as the bitter kick that makes the sweetness all the better. I’m also a little bit more sex-driven than the typical “perfect guy.” That’s probably a good thing too.
I’m not posting a photo cause my friends will mock me endlessly if they see this ad. Of course, I will trade. If you want to get to know me and find out all my dark secrets, just send me an email. Stand forewarned that I like long, thoughtful messages, both sending and receiving them.
Buddy, if you haven’t sealed the deal during the overnight hours, there isn’t much that your breakfast sausage is bringing to the table.
Do you ever notice how well credentialed people who are single refer to their credentials more than well credential people who are in relationships?
Having cast my aspersions on the loveless lawyers, I’m off … to play Rock Band 2. Have a great weekend.
* David Duchovny believes the Daily Mail got it wrong when they accused him of having sex with his tennis instructor. That’s really the only excuse I need to post this picture of Adriana La Cerva sharing a moment with her tennis instructor. [Popsquire]
* It turns out a crazy man cannot evict George W. Bush from the White House. Shockingly, I’m not talking about John McCain. [Doyle Reports]
* Wendy Savage, corporate counsel at Liberty Mutual, is quickly becoming an internet star thanks to the Beautiful Lawyers of Boston Calender. [f/k/a]
* Even HLS conservatives are kind of liberal when it comes to this election. [WSJ Law Blog]
We have a soft spot for Columbia Law School, especially after our excellent visit there on Wednesday (“our” = Lat + Kash). Thanks to the CLS Federalist Society, the sponsor of our talk, for the warm welcome.
Through some combination of gossip, online stalking, hounding their teaching assistants and perusing the Facebook group “Phillip [sic] Bobbitt is Our Hero,” students piece together the following:
Professor Bobbitt, who is 60, arrived at Columbia only 18 months ago, after three decades at the University of Texas. He is an eminent scholar of the Constitution and used to teach modern history at Oxford. He’s a former member of the Carter, Bush I and Clinton administrations and an adviser to foreign heads of state.
Henry Kissinger and Tony Blair blurbed his latest book on terrorism, which both current presidential candidates have reportedly read. He’s the nephew of Lyndon B. Johnson. He can blow smoke rings, and sponsors a national poetry prize in honor of his late mother. Also: He rotates seasonally among his homes, and can’t shake his habit of a nightly cigar and scotch-and-soda.
Read more, including words of wisdom from the worldly-wise professor, after the jump.
Given the list of associate “perks” firms could be cutting back on during these tough economic times, the latest news from Fried Frank seems very reasonable. Associates at Fried Frank were told today:
Dear All,
In light of continued turmoil in the financial markets and the wider economy, and the effect it is having on so many we know, we think it is not appropriate to host Firm holiday parties this year.
The Firm has a strong platform and business with which to succeed in this very demanding business environment and continues to be involved in many interesting and challenging matters for our clients. Instead of the parties, the Firm will be making charitable contributions to certain organizations who rely on donations during the holiday season to accomplish their purpose during this time of year and which are feeling the effects of the slowdown in the economy.
Thanks very much.
Valerie Jacob and Justin Spendlove
Despite the success of last year’s bash at Cipriani on Wall Street, this would seem to help associates in two ways. It saves the firm money — without firing anybody. That is an unqualified good.
But also: who enjoys the firm holiday party anyway? It’s just an opportunity for associates to get too drunk and do something colossally stupid that will no doubt end up on Above the Law. (Please don’t cancel the holiday party Mr. Fried and Mr. Frank!)
Seriously though, saving a bit of cash is a good thing for associates. And not for nothing, but giving some extra money to charities during what is sure to be a terrible season for charitable donations is really a great thing to do. During times of economic recession people tend to give less, precisely at times when charities need more.
But it might not be all Salvation Santas at Fried Frank this winter. More after the jump.
Friday, October 24, 2008 3:04 PM - By Kashmir Hill
We’ve said in the past that most law firm websites are fairly dry, and named the split personality website of North Carolina’s Van Winkle Law Firm as an exception.
Well, another experimental law firm website has crossed our desk, er, computer screen. It belongs to James Hugh Potts II’s Atlanta-based firm: JHPII.com. The firm “helps people with catastrophic injury and wrongful death cases.” It is interactive, and involves a desk, post-it notes, a napkin with a coffee stain, ancient Tibetan proverbs, pro se-esque bios in “About Us”, and childhood photos of the attorneys with their bios.
We echo the sentiments of our tipster:
If you want a laugh. I think it’s real.
Screenshot below. Check out the interactive version here. What do you think?
It’s like a touchy-feely hybrid of Myst and The Office. We kind of love it.
Today’s installment of our ongoing series about law students who are determined to screw around comes with information about Proskauer Rose’s summer program. According to multiple tipsters, Proskauer is not directly rescinding offers (like Akin Gump did), but they are encouraging students who have received offers to consider other options for the summer.
We’re pretty sure that Proskauer is not alone with these “stealth rescinding offer” phone calls.
For the latest in career services people freaking out, we have a T-5 School, and a top tier school.
From NYU:
After speaking with recruiting professionals at various law firms and participating on a recent NALP conference call to discuss the state of the economy, we would like to address the fall recruiting season. As you are aware, this recruiting season has been seriously affected by the economy. We have been notified by one New York firm that they are rescinding their outstanding offers for Summer 2009. In addition, we have been informed by numerous firms that their summer programs are oversubscribed due to the unprecedented rate of early acceptances.
The obvious impact of oversubscription is that these firms may not be able to extend offers to their entire summer class.
We strongly recommend that you review your options and accept an offer as quickly as possible. Do not wait until the expiration of the offer to make a decision. If you need any assistance in making a decision, please make an appointment to speak with a career counselor.
And from UT:
Dear Students,
We received reports yesterday directly from a few law firms and from some of our students that some 2L summer clerkship offers have been rescinded before the offer deadline. Current market conditions suggest that less deliberation of opportunities and quicker response time to offers is prudent. With unusually high acceptance rates and concern of over-subscribing summer clerkship classes, some firms have decided to rescind outstanding offers once their target class size has been met. While we are directly aware of only a few such instances, we recommend that you make your acceptance offers and communicate those results to employers as soon as possible.
Despite the overwhelming evidence that sitting on offers is a terrible strategy, some law students continue to wear Bad Idea Jeans.
Whenever there is a layoff announcement, some readers point out that lawyers are not particularly good business people.
Even lawyers that leave Biglaw for big business have their acumen called into question.
The latest evidence comes from a conference call held between IDT (International Discount Telecommunications) and their investors.
Jim Courter, CEO of IDT, held the call to explain IDT’s quarterly earnings. Courter, himself a former partner at Verner, Liipfert, Bernhard, McPherson & Hand, explained the “disappointing” numbers. Then the call was opened up to questions from the investors.
At that point Thomas Kahn, head of the Kahn Brother’s hedge fund, laid into IDT for losing so much money. After criticizing the firm and their current chairman, Kahn asked to speak with Liore Alroy who is rumored to be the incoming COO of IDT.
And the second question is, Mr. Alroy, if we could hear from him, what his business background is, what his current role is in the Company, and what his role might be, or he think might be going forward? For example, is he going to be the COO of the Company going forward? I think it would be useful for us to hear something from him, because he should understand that a lot of water has gone over the dam, and a lot of things have been said which have not happened, or have not come true. So it would be useful for him to speak a little.
Mr. Alroy responded:
Alright. Business background. My working career starts in 1993 as an attorney. I was with Skadden, Arps for about five years, mostly doing tax work, transactional tax work, I then went on to private practice elsewhere, including on my own. I did a little bit of advising and consulting as a sort of quasi-finance, quasi-tax advisor to some people, and then came to IDT through that consulting role. …
To be honest, I am arms, legs, and body, and a good part of my head into Telecom right now, there is so much to do, and I am keeping so busy with it, I don’t think too much about what my next role is.
The shareholders take swipes at Skadden after the jump.
Friday, October 24, 2008 11:41 AM - By Kashmir Hill
Just a reminder from the Judicial Code of Conduct: “a judge should refrain from political activity.” And clerks too. Duh, right?
Well, Utah’s chief federal judge seems to have “forgotten” about canon 7 in her excitement about Obama. From the Salt Lake Tribune:
Judge Tena Campbell, a President Clinton appointee, donated $100 to the Democratic candidate on Aug. 28, 2007, according to campaign disclosures filed with the Federal Election Commission.
The disclosure lists Campbell’s profession as “lawyer” and her employer the “govtt.” The address listed on the contribution is Campbell’s court chambers.
Sneaky. But not sneaky enough.
It wasn’t her only donation. Campbell contributed multiple times for a total of $300, but only her last donation was made public. Campaigns are not required to release the names of contributors until they donate more than $200.
Whoops.
Obama’s campaign returned the 300 bucks. Nominated to the federal bench by Clinton in 1995, Campbell is Utah’s first female district judge.
Being a Democrat in Utah must be a lonely endeavor. At least she has husband, fellow lawyer and “Missing Witness” author, Gordon Campbell, to keep her company.
Friday, October 24, 2008 10:35 AM - By Elie Mystal
The ABA Journal has sounded the starting gun on speculation about the lawyers ready to take prominent roles in the new administration. Depending on the presidential victor, names you know will become names that everybody knows.
Let’s jump into the ABA speculation on an Obama Administration. For U.S.A.G:
Eric Holder: Partner, Covington & Burling.
Holder and Obama have been friends since they hit it off at a dinner party in 2004. He is the consummate Washington insider—a familiar fixture in the Clinton administration, but well-known to Republican administrations as well. Best known as a prosecutor, Holder was fresh out of law school when he was assigned to the newly formed public integrity section of the Justice Department.
ATL’s dark horse pick: Andrew Cuomo. It’s the only way to save the Democratic party in New York, otherwise 2010 will be a bloodbath.
White House Counsel:
Robert Bauer: Partner, Perkins Coie.
He helped represent Minority Leader Tom Daschle during the Senate impeachment trial of Bill Clinton and was general counsel to Bill Bradley’s presidential campaign. He’s considered one of the nation’s top experts on the intricacies of campaign finance and writes about it regularly on More Soft Money Hard Law, a law blog devoted to campaign finance.
ATL says: No brainer. Remember, most of Obama’s Senate staff came from Daschle’s staff after Daschle lost his seat.
And the next SCOTUS justice:
Elena Kagan: Dean, Harvard Law School.
In 1999, President Clinton tapped Kagan for the U.S. Court of Appeals for the District of Columbia Circuit, only to have the nomination blocked by the Senate Judiciary Committee, then controlled by Republicans. But many think an Obama administration wouldn’t hesitate to tap her for a vacancy on the U.S. Supreme Court.
OR:
Sonia Sotomayor: Judge, 2nd Circuit.
She was first appointed to the federal bench by President George H.W. Bush, then to the appeals court by President Clinton. In 1995, she won the gratitude of baseball fans by issuing an injunction against team owners, setting the stage for the end of the eight-month strike that led to the cancellation of the 1994 World Series.
ATL’s pick: Dean Kagan. Sotomayor would be an easier confirmation to be sure. But we once suffered a Socratic demolition at the hands of then Professor Kagan in a 1L CivPro class, earning her enduring respect. More substantively Sotomayor has an excellent chance to pull a Justice Souter once she’s on the Court. She’s maybe the appropriate choice if Kennedy moves on, but if Obama is replacing Stevens he’d better tap Kagan.
* The media talk about Obama and the expected clean sweep of the government has pumped up Democratic tires so much that they think they can do the impossible: appoint two Democrats to the Texas Supreme Court. [Dallas Morning News]
* The McCain-Palin efforts to recreate Florida 2000 in every state failed in Wisconsin. It’s a shame because the election has gone by way too fast, don’t you think? A mere 20 months? It is not enough. The media needs more. [New York Times]
* Regulators in Hong Kong will investigate failed investment devices that Lehman Brothers arranged. [Bloomberg.com]
* Crystal Mangum, the stripper who claimed to be attacked by three Duke Lacrosse players, has written a memoir asserting that she was telling the truth. [Associated Press]
* Anne Hathaway’s ex-boyfriend Rafaello Follieri was convicted of fraud and sentenced to 4 1/2 years in prison. Everything about Follieri and his case is irrelevant, except for the fact that he dated Hathaway. [abcnews]
* New York Attorney General Andrew Cuomo is requiring an energy company to be honest to its investors about the financial risks of climate change. The Environmental Defense Fund is giddy with this regulatory victory. [Market Watch]
Thursday, October 23, 2008 7:06 PM - By Elie Mystal
At UC-Irvine, you get what you pay for:
The new law school at the University of California, Irvine has dropped its original name, the Donald Bren School of Law, and plans to offer full tuition scholarships to students who enroll in the school’s first semester in fall 2009.
This is excellent, because what we need right now more than anything are additional law schools.
UC-Irvine intends to focus on public interest law. It makes sense that students won’t have any debt, since they are going to have a hard time earning money.
According to an assistant dean at the new law school, the full-ride offer should give Irvine a competitive advantage:
Originally, the school … had planned to offer full tuition scholarships to about half that class; but, in an effort to lure high-quality students and compete with other top 20 law schools, UC Irvine School of Law has expanded that program, he said. While the law school has not yet determined the cost of its tuition, each scholarship is anticipated to be about $100,000, given an estimated rate of about $33,000 per year,
Let’s play a little game: what is the highest ranked school you would turn down to go to UC-Irvine for free? Stanford? Boalt? Bangladesh?
Statistically insignificant evidence is sure to follow.
Last week, we attended and reported on a talk at UVA Law School by Dahlia Lithwick, who discussed covering the Supreme Court. Now we bring you coverage of another interesting event, featuring more navel-gazing by legal journalists:
Reporting the Law: A Year-End Review New York Law School
Moderator: Brian Lehrer, The Brian Lehrer Show, WNYC
Panelists: Emily Bazelon, senior editor, Slate; Dirk Olin, editor, Judicial Reports.com; Dan Slater, lead writer, WSJ Law Blog; Candace Trunzo, editor in chief, Star magazine.
The two lawyers on the panel, Bazelon and Slater, are pretty young things — and were smartly dressed for the occasion. Bazelon, whose features are reminiscent of Christy Turlington’s, wore a white v-neck blouse and well-tailored brown sweater. Slater, baby-faced yet lantern-jawed, wore a gray suit with a blue windowpane pattern, a blue patterned shirt, and a dark navy tie with pink stars (très preppy).
Oh, sorry — we got distracted by the superficial. We have more substantive comments as well.
If you’re interested in the legal media, you can read about the panel discussion after the jump.
Thursday, October 23, 2008 5:07 PM - By Elie Mystal
* An A.U.S.A has been immortalized in district court as “The Fat Girl.’
[Begging the Question]
* You can raise taxes on the rich as much as you like. They’re not going to pay them.
[TaxProf Blog]
* A juror in Ted Stevens’s trial is having violent outbursts during jury deliberations. (Insert Trig Palin joke here). [WSJ Law Blog]
* Morocco requires prospective adoptive parents to convert to Islam before they can have a child. I suppose lying is a skill all parents should have. [The Volokh Conspiracy]
* Just so you know layoffs aren’t confined to the legal community, Goldman Sachs … dear God. I’m switching all my investments into guns and ammo. [Dealbreaker]
Thursday, October 23, 2008 4:00 PM - By Elie Mystal
Perhaps one Pittsburgh School of Law student agrees with Obama and believes that wealth should be redistributed from the rich to the middle-class. Perhaps the student believes in McCain’s policy of redistributing wealth from the rich to the super-rich. Whatever is going on at Pittsburgh, we have another case of a dirty lunch stealer.
From the Pitt Law listserv:
Please allow me to set the scene: Yesterday afternoon, at approximately 4:25pm, I placed a white plastic bag in the farthest refrigerator from the entrance of the student kitchen in the law school basement. Within this bag were two items: 1) at the bottom was a $2.99 microwave dinner (ravioli with marinara sauce); and 2) on top was a $6.99 container of spicy tuna sushi. I then went to class.
When I returned to retrieve my bag at 6:30pm, a mere two hours later, I discovered that someone had opened the refrigerator, opened my bag, lifted up my sushi, and then borrowed my microwave dinner. I say “borrowed” because I assume that no one who managed to get accepted to law school would consider stealing a $2.99 frozen dinner from a classmate who just spent almost 10 hours in the Barco Law Building. I further assume that whoever decided they really needed to borrow my meal of ravioli and cheese goodness will be returning it to me post-haste. Although I would prefer that my dinner is replaced exactly, I will also accept the
Chicken Chow-Mein Dinner by Lean Cuisine.
I appreciate everyone’s full cooperation in this matter.
I thought this sort of thing only happened at Michigan. Now I’m thinking that it is a “battleground state” problem.
This close to the election, I expect Obama and McCain to weigh in shortly.
Thursday, October 23, 2008 2:58 PM - By Elie Mystal
I had no idea that the Mr. Rogers’s shoe fiasco would turn into a three day story. I imagine that Stephen Griffin, Vice Dean of Tulane Law School, is a very nice man. He probably even helps his landlady take out her garbage.
But his handling of this issue has been nothing short of mystifying.
You might remember that when Vice Dean Griffin was begging for the shoe, he said:
Until close of business tomorrow (Wednesday) we are taking a “no questions asked” approach to this situation. Our primary goal is simply the return of the shoe. If you know anything about this incident, please report it to Dean Netherton or myself. You can also communicate with SBA President [redacted]. You can report anonymously if you wish. If the shoe is returned to Dean Netherton’s office by close of business tomorrow, the Museum will not turn over the matter to the NOPD. If it is not, the Museum will turn over the matter to the NOPD.
Well, today he sent around another email to Tulane Law students:
Because the item was returned, the museum will not file a criminal complaint with NOPD. At the request of the Law School administration, TUPD is investigating the incident under the University Code of Student Conduct.
Vice Dean Griffin
Not surprisingly, Tulane students are a little pissed:
According to another Vice Dean, the thief will likely be kicked out of school. Seems a little unfair given the “no questions asked” terminology of the last email.
Honestly, what are you doing Dean Griffin? I get that you only “promised” not to turn the thief over to the police, but “no questions asked” doesn’t really comport with “you’re getting expelled.” Don’t try to pull clever legal jujitsu on a community full of soon-to-be lawyers.
And don’t try to pass the buck to the “law school administration.” You are part of the law school administration. If you spoke out of turn initially, you’ve got to own up to that and probably apologize.
Why would anybody trust you after this? Sure, you got the shoe back and maybe it’s good to expel a “bad-apple,” but you’re hurting the community that you are supposed to represent.
Thursday, October 23, 2008 1:33 PM - By Elie Mystal
More bad news, this time from the Los Angeles market.
We’ve received word that O’Melveny & Myers has cut ties with five associates from their L.A. office. A tipster reports:
There were at least 5 associates let go today in the OMM Los Angeles office. Ranging from first years to mid-level associates. I’m not sure if they are being called performance related or if they are admitting they are layoffs.
OMM is calling them performance related. A firm spokesperson told us:
There have been no economic layoffs of associates at O’Melveny & Myers and there are no plans to conduct such layoffs. We are in the midst of our annual associate evaluation process, which began as scheduled in September, and some associates, as is always the case, are receiving less than satisfactory performance reviews.
Thursday, October 23, 2008 12:36 PM - By Elie Mystal
We warned you that you should accept your offers. We then demanded that you should accept your offers. But based on the comments, there are still some of you out there sitting on multiple offers.
Career services people have taken note, and are literally begging their students to make a decision. The latest evidence comes from Michigan:
Dear Students,
We write because we have heard from several of you that you are worried that your offers may be rescinded if an employer’s summer class is full, whether or not you have reached the 45 day period in which to respond to an offer. We have also heard that many firms are taking longer than usual to give a decision to students after callbacks.
First, there have been very few actual reports of rescinded offers at this Law School or our peer institutions. We have heard from many employers that while they are treading carefully in this economic climate, they have no intention of rescinding offers. Nonetheless, we think it prudent for you to accept an offer as soon as possible. To put it more bluntly, this is not the time to shop your offers or wait to see if a better one comes along. In addition to being in your own best interest to accept quickly, it may also assist other students who may then receive an offer that you turn down.
Obviously, some of you will not accept your offers simply to help out other students. Maybe you need actual proof that firms are rescinding offers.
Thursday, October 23, 2008 12:00 PM - By Elie Mystal
With so much recent attention directed to petroleum prices and climate change, many lawyers and lawyers-in-training have developed an interest in energy law as a possible career path. This article aims to lend some advice to those attempting to land a lateral energy position or otherwise start a career in energy. As a non-energy lawyer, the chances of a successful re-tool into energy largely depend on whether your interests lie in regulatory or transactional energy work. If you are currently a transactional lawyer with project development experience, you may find it easier to transfer to a transactional/project development energy practice. This is largely due to the fact that you can adapt your pre-existing project development expertise to a new industry more easily that you can learn an entirely new regulatory regime.
In contrast, switching to an energy regulatory practice with no relevant experience is more difficult and, in this market, is next to impossible. It’s a buyer’s market for law firms, and the firms (for the most part) can sit back and wait for candidates with actual energy regulatory experience to come along.
The most sought after candidates at both the entry and lateral levels are those who have prior experience at FERC or state utility commissions. Those in law school interested in an energy regulatory path should strongly consider interning at the Federal Energy Regulatory Commission (FERC) or a state utility commission; and those practicing attorneys interested in switching to energy may consider working for a year or two in an entry level or junior capacity at a commission, in order to transition to a law firm later.
Thursday, October 23, 2008 11:13 AM - By Kashmir Hill
With Halloween around the corner, we imagine you may be desperately brainstorming costume ideas for next week. While clients may accuse you of being blood-suckers all year long, we know better.
A few years back, we knew of a paralegal who donned tighty-whities over his suit, and spent the bulk of the Halloween night explaining that he was a “legal brief.”
We went searching for other legally-themed costumes, and found “lawyer costume ideas” on Costumezee, including “sexy prosecuter [sic],” pictured at right.
She looks more like sexy school girl in high heels. Where’s the ever-present cup of coffee and boxes of discovery?
Curious as to what “sexy public defender” would look like? Check it out, along with more Halloween costumes, after the jump. We invite you to offer better ideas for costumes in the comments.
Thursday, October 23, 2008 10:14 AM - By Elie Mystal
Wonder why IP lawyers still have work? In the midst of a 177-page indictment against the “Mongols” biker gang, the government put in a charge invalidating the gang’s trademarked name.
If prosecutors succeed, the feds will own the Mongols trademark and can charge patch-wearing gang members with trademark infringement; or, at the least, have one more reason to stop them for a little sidewalk chat. Which is bound to irritate the gang members. Which may be the point.
As a person with some Chinese ancestry (that would be Elie “Ying” Mystal for those playing along at home) I am happy that the American government is finally standing up to those raiding Mongolians who come on their dread (steel) horses. Every time I try to build a wall, some goddamn Mongolian always comes to tear it down.
Of course, the government’s actions are disingenuous — soon NYPD will be able to stop anybody wearing a do-rag because it’s a yarmulke knock-off — but the Mongols leave us little choice.
Said one Mongol leader “To the last I grapple with thee; from hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee.”
But we will break this gang. I don’t believe in the no-win situation.
Thursday, October 23, 2008 8:58 AM - By Eliza Gray
* Lehman’s lawyer fees “could reach a record $1.4 billion.”[Bloomberg]
* The RNC spent more than a first-year associate’s salary on clothes for Sarah Palin. So, when you are reading mind-numbing legal documents at midnight tonight and your friends are out partying, just dream of all the snappy red jackets you can buy. [Los Angeles Times]
* Sarah Palin’s $150,000 wardrobe was bad, but it could be worse. A Philadelphia state senator spent roughly 3.5 million dollars of tax payers money to pay personal assistants who “spied on his ex-lovers, chauffeured his children, oversaw mansion renovations, and permormed a myriad of other chores.” [Associated Press]
* The IRS withdrew a $319 million tax assessment on FedEx. [Associated Press]
* Milberg has hired NYU professor Arthur Miller to run its appellate practice. [Bloomberg]
Wednesday, October 22, 2008 6:16 PM - By Elie Mystal
Apparently, Dechert Chairman and CEO Bart Winokur still finds Above the Law not worth his time, but that hasn’t stopped him from talking about our information elsewhere.
Winokur spoke with the WSJ Law Blog to try to clear up some things about the firm:
1. Quite apart from any characterization as to reasons why associates might have been asked to leave and contrary to anonymous posts in abovethelaw.com, there were not 10, let alone 30, associates who were asked to leave in July with or without deadline.
2. Contrary to the implication in The Legal Intelligencer article, I do not believe that we are replacing “people with better people.” To clarify what I said to The Legal Intelligencer, as associates get more senior, they need to keep doing higher and higher levels of work, and not work that can be done by their juniors.
3. Additionally, in response to the slowdown in our structured finance practice, rather than lay-off associates, we assigned associates to full-time pro bono work, where they could continue to hone their legal skills while at the same time helping others. When the economy stabilizes and business picks up, it is our expectation that they will be part of the firm’s vibrant practices.
Wednesday, October 22, 2008 5:12 PM - By Elie Mystal
* The RNC has spent $150K on clothes for caribou barbie Sarah Palin. Is that a legal use of campaign cash? [Marc Ambinder]
* It’s been a while since we had a good, old fashioned, tax revolt in this country. Since it’s probably politically incorrect to dress up like Native Americans this time around, I think people should dress up like Olbermann and Maddow. Obamatons will never see it coming. [TaxProf Blog]
* In case you realize that you want no part of the legal industry after you pass the bar exam, but before you’ve been admitted, here’s a primer for how to make sure that your application to the bar is denied. [Legal Blog Watch]
* Some advice for firms getting crushed: be nice. [Law and More]
Wednesday, October 22, 2008 4:19 PM - By Elie Mystal
Given all the horrible news yesterday, we wanted to post something positive about the legal job market.
Luckily, last week Simpson Thacher & Bartlett felt the exact same way. Taking a cue from Cleary, STB decided to send around an “aren’t you glad you received an offer from Simpson Thacher” email to last summer’s offerees:
There have been many exciting recent developments here since you left and I wanted to send news of what is going on. The firm is at the very center of the developments that are reshaping the financial world and when you return there should be some fascinating work awaiting.
For those of you who just want to know what deals are in the works, also included is news of a couple of major new engagements. For a more complete list, including some recent litigation successes, check out the Spotlight News on our web page: http://www.stblaw.com
Robert and I were both recently asked by American Lawyer for our take on the current overseas US lateral hiring market. In preparing an informative article on this topic, Brian Baxter, of AmLaw, interviewed many well regarded attorney recruiters, both in the US and abroad, including but not at all limited to the few recruiters quoted in his article. Here is an excerpt of his Oct. 9, 2008 article, “Where Do I Send My Resume Now?:
GLOBAL AMBITIONS
The downturn has hit the world financial centers in New York and London the hardest. And with emerging markets like Dubai and Singapore (pictured above) quickly gaining ground as leading financial centers, many out of work lawyers are setting their sights on the Middle East and Asia.
“I’ve been just as busy this year as last, but now there are four times as many candidates looking to go overseas from the U.S.,” says Evan Jowers, managing director of the Hong Kong and New York offices of Kinney Recruiting. “A big part of it is the market slowdown in the U.S., London, and other Western places, but another reason is that many firms with offices abroad were already looking to expand.”
Speaking from Dubai while on a “half-pleasure, half-business” trip to check out the legal landscape, Jowers says U.S. and British law firms in Hong Kong, China, Japan, Singapore, Moscow, and the Middle East are busier than their Western counterparts…
“More people are looking overseas but I don’t necessarily think that more are going,” says Kinney Recruiting’s founder and president, Robert Kinney.
The reasons? For one, greater selectivity.
Just being an associate at a major New York firm won’t cut it. “[Hiring partners in Asia] are looking for the best of the best on paper: top 10 law school, top grades, and all the languages that they used to not care so much about, now they care,” says Jowers.
Jai Pathak, partner-in-charge of Gibson, Dunn & Crutcher’s Singapore office, echoes the point. “Among the younger crowd whom we don’t know, training and pedigree are paramount, and to a lesser extent, but equally important, is sensitivity to the culture and nuances of the local environment,” he says. (Gibson Dunn opened offices in Dubai and Singapore within the past year.)
Also, rather than recruit new talent, many large firms and multinational corporations are relocating current employees, says Mark Anderson, managing consultant of the Dubai office of U.K. legal recruiter Laurence Simons International.
“If you’ve got people in other jurisdictions who are serving an area like the Middle East, from Europe or America, there might be a time when you eventually need someone on the ground here,” Anderson says. “[W]hy not move someone internally rather than go on a recruiting spree, especially in tough times like these?”
In fact, Kinney’s Jowers was in Dubai partly to help law firms with nascent Dubai offices set up expatriate packages—employee perks, including housing allowances and other COLA-related expenses…
Wednesday, October 22, 2008 3:04 PM - By Elie Mystal
After our post on the importance of accepting your offers, we figured that most students sitting on offers would do the right thing — for themselves and their colleagues — and make a decision.
But maybe some students are just a little more indecisive than others. Last night, Northwestern students received this email:
Dear Second-Year Students Holding Offers,
As you know, we are in very tough economy. In tough economies, firms, not unexpectedly, tend to take a much closer look at the bottom line.
Please accept your offers as soon as possible. We have heard, both by communication with our colleagues at UPenn and from one of our own students, that offers may be withdrawn once a firm considers that its summer class is full, whether or not the 45-day period has expired.
In addition to assisting other students who may then receive an offer that you turn down, it is also in your own best interest to accept quickly.
If you have any questions or concerns, please speak with your Career Advisor.
Good luck with your decisions,
Your Career Advisors
We expect that quite a few Northwestern law students have offers in the Chicago market. Have you guys been paying attention to what is happening in the Chicago market?
Wednesday, October 22, 2008 2:19 PM - By Elie Mystal
We’ve received reports that the New York Times building has received some sort of terrorist threat. Apparently a white powder has been sent to somebody at the Time’s editorial desk.
One tipster reports that the place is crawling with police officers.
Building security just sent around an email informing workers that they can leave via the freight elevator, but cannot come back if they do. While the email told people “there is no need to panic,” that has predictably caused some amount of panic.
Safety first people. The powdered substance could be talcum, but why take the risk?
Miami-Dade Circuit Judge Maria Espinosa Dennis says she was battered at the courthouse — by fellow Circuit Judge David Miller. She says Miller was bent out of shape because the fax machine at her office, which his staff sometimes used, was broken.
Dennis, 52, and Miller, 54, both work at 73 W. Flagler St. They had adjacent offices on the fourth floor. Miller initially spoke to Dennis’ bailiff and judicial assistant about the fax machine, then asked to see her.
When she repeated that the machine was out of order, Miller became ”confrontational and told [Dennis] that he felt that he wasn’t getting the full story,” the Oct. 7 police report says. Miller then “charged toward [Dennis], grabbed her by her shoulders and pushed her toward her office in an attempt to close the door behind them.”
The courthouse police came after someone hit a panic alarm. Judge Miller is not the first Florida judge to bully a female colleague. See former Judge of the Day Jay Spechler.
But that’s a pretty extreme reaction to a broken fax machine. We’re wondering what the “full story” might have been. Did Miller suspect that Dennis “office-spaced” it?
Wednesday, October 22, 2008 12:51 PM - By Elie Mystal
Readers have demanded more information about the so-called “stealth layoffs” at Dechert. Finally, we have additional information to report.
Readers, commenters, tipsters, recruiters, employees, and the Virgin Mary who appeared to me in a breakfast grapefruit are all reporting that a number of associates will be laid off at the end of this month. These layoffs have nothing to do with the March departures from the firm, and contradict the firm’s official statements on the matter.
As best we can tell, no less than 10 and no more than 30 associates were told at the end of July that they would be laid off in 3 months. According to one tipster:
Effectively we were told that we can come in to work, but do not have to, and we can tell the recruiters and places where we interview that we still have a job at Dechert. Now, at the end of the three months our salaries would stop coming. These three months was our severance. At the same time the partners did absolutely nothing to help us locate jobs because most were too afraid to do anything.
As many of you know, Gina Passarella of the Legal Intelligencer was able to speak at length (free version) with Dechert Chairman Bart Winokur. Mr. Winokur declined to speak with ATL directly, but in the Intelligencer article he does not really deny that associates were asked to “move on” in this manner. Instead, the Intelligencer reports:
“In my view, layoffs are when you decide to cut head count,” Winokur said. “It’s not when you decide to replace people with better people.”
Winokur said the culture of the firm is to improve year over year and when people reach a point of seniority and still aren’t getting better, the firm will sometimes tell them they don’t have a future at Dechert.
Whatever advantages there are to stealth layoffs are pretty much destroyed when your firm chairman starts talking about replacing people “with better people.” People we’ve talked to have emphasized that the firm is doing nothing to help associates put on notice find new jobs.
Even if you look at all of the evidence in the light least favorable to the firm, it doesn’t look like the number of July/October layoffs rise to the level that has been mentioned by some of our commenters.
But, there might be some other stealth moves going on. Read more after the jump.
Well, an intrepid trolley has returned the treasured keepsake:
I am pleased to announce that the shoe (Mr. Rogers) has been returned to the Children’s Museum.
By the way, emails I send to the student body are for the Law School only and I would appreciate it if you would ask my permission before posting them to a blog or anywhere else on the Internet. Thanks for your attention to this.
Regards,
Stephen M. Griffin
Vice Dean of Academic Affairs
Hang on just a minute Mr. Stephen Griffin. One of your law students steals a piece of Americana from a museum for children not one year after befouling a public aquarium, and the moral of the story is “don’t post emails to the internet.” Instead of worrying about the public perception of Tulane Law School, you might want to spend more time worrying about the public comportment of Tulane Law students.
Something tells me that the many (many, many) students that sent around your Mr. Rogers email were not the ones stealing footwear and peeing on tropical fish. The Tulane students that publicized this incident are probably people you should be thanking for helping you recover the stolen property.
Wednesday, October 22, 2008 11:14 AM - By Justin Bernold
In last Wednesday’s ATL / Lateral Link survey, we asked you whether you billed over Columbus Day Weekend this year.
We received 1,175 responses, and were pleasantly surprised to learn that 26% of you had a pleasant three-day weekend. Associates in Boston were most likely to enjoy a discovery-free Columbus Day, with offices at Bingham, Goodwin Procter, and Ropes & Gray reportedly closed for the day. Overall, 46% of Boston respondents reported that they had not worked over the holiday weekend, followed by 36% of respondents in Philadelphia.
Of course, not all respondents were so lucky. As one associate commented:
One of the name partners threw a hissy fit when someone asked for the time off, because “Columbus Day isn’t Christmas, and this weekend is just like every other weekend.” We were only absent one associate on Monday. Everyone else not a partner was working.
Nice.
Of those who spent time at the office, though, only 65% said that their office was actually open. Among worker bees whose offices were actually closed, 52% said that they simply had things they needed to get done. Another 21% said that a partner had told them to work over the weekend, while 8% said a client had asked them to finish something. 13% said they needed the hours.
But two percent of respondents who worked over Columbus Day weekend even though the office was closed said that they just “wanted to impress people,” which is just sad roughly consistent with prior holiday surveys.
Overall, about 58% of respondents who worked over Columbus Day weekend believed that the work was worth it.
ATL -
I’m a 2L at a T25 school and I have one callback interview. My grades are average. Do you have any tips on how to nail the interview?
Nervous Nelly
Dear Nervous Nelly -
Firm interviews are congeniality contests; you wouldn’t be called back unless the firm already saw your grades and decided they could live with them. Since the job is yours to lose, here are a few tips on how to turn on the charm:
1. Appearance. Don’t even think about wearing that ArmaniAlfani suit with those Kenneth Crap patent leather squared toed monstrosities. Ladies, save that yellow “statement” brocade suit for when you apply to be a Versailles courtier. If your roots are showing, dye them; if you’re too fat for your suit, wrap yourself in cellophane and hit the gym. Interviewers want colleagues that they can potentially date or set up with friends, not co-workers who rummage for treasure at Filene’s Basement. At least have the decency to stick some red tape to the back of your shoes.
2. Tackling Corny Questions. Most interviews involve ridiculous questions like, “Why did you decide to go to law school?” and my personal favorite, “What’s your greatest weakness?” Frankly, nobody wants to hear some garbage about how law is your “passion” or how your mother read Emanuel outlines aloud to you as a baby. Winning responses are ones that the interviewer can actually relate to, like “I actually was forced into going to law school by my parents, but it turned out to be a good fit.” During OCI, a partner asked me what my favorite TV show was, and my answer - Cribs - cracked her up and scored me a callback. Working at a firm is objectively depressing, so bring some laughter to their weary world.
As unhelpful as this sounds, you might also want to, er, RELAX and attempt to be yourself on the interview. Sweating profusely and providing canned answers to questions only makes you look desperate. Not having a firm job may seem like Armageddon, but trust me, it’s not. It just might be the beginning of something great.
Wednesday, October 22, 2008 9:03 AM - By Eliza Gray
[Ed. Note: Eliza Gray is a new writer for Above the Law. She graduated from Harvard and after a six-month stint in Brussels covering European Union politics at the European Voice, she moved back to New York to pursue a journalism career. She and Kash will be alternating Morning Docket responsibilities.]
* Chief Judge ‘Naughty’ Nottingham has been a frequent guest on ATL. Sadly, loyal readers, it is time to say good-bye. Judge Nottingho, woops, we mean Nottingham, officially resigned yesterday. [Rocky Mountain News]
* If only Nottingham was from San Francisco. Voters will decide next month whether to legalize prostitution. [Associated Press]
* Remember that astronaut who drove across country to confront her ex-boyfriend, wearing diapers so that she wouldn’t have to make any pit stops? Lisa Nowak returned to court yesterday. [The New York Times]
* She got lucky, probably because she’s a star. Britney Spears’s hit-and-run case ended in a mistrial yesterday. After 8 hours of deliberation, the jury was “deadlocked.” The Deputy City Attorney Michael Amerian agreed to drop the case. [Times Online, UK]
* Prosecutors are investigating a German bank for paying Lehman brothers 319 million euro ($411 million) on the day that Lehman went bankrupt. [Bloomberg.com]
* Former Thai Prime Minister Thaksin will be extradited from the UK after yesterday’s guilty verdict. [Financial Times]
* Closing arguments yesterday in Senator Stevens’s trial. [Reuters]
Tuesday, October 21, 2008 6:45 PM - By Elie Mystal
Three Heller Ehrman employees have decided to sue the firm. They allege that the firm owes them wages under the WARN act, as well as the California state labor code.
The named plaintiffs are Laura Werth, a technology assistant in San Francisco who joined the firm in September 1996; Carl Goodman, a senior manager of business development in Seattle who joined the firm in September 2005; and Anna Scarpa, a manager of professional services who joined the firm in October 2006. Werth and Goodman were laid off on Oct. 10, while Scarpa was laid off Oct. 17.
Matthew Helland, the Nichols Kaster attorney representing the employees, could ask for $5 million in damages.
Heller management must have seen this coming, but that doesn’t mean they will prevail.
Tuesday, October 21, 2008 5:39 PM - By Elie Mystal
* Dechert Chairman and CEO Bart Winokur holds the firm line. The money quote: Winokur says “this is all such bull, if you don’t mind my saying so,” in response to the layoff rumors. [Legal Intelligencer] (subscription).
* Simpson Thacher is doing their bailout work on the cheap. Expect to be reminded of that come bonus time. [WSJ Law Blog]
* We’re sorry for all your layoff trouble Chicago. Maybe this Illinois based Blawg Review will cheer you up. [Preaching to the Perverted via Blawg Review]
Tuesday, October 21, 2008 4:47 PM - By Elie Mystal
There are a couple of updates to this morning’s post about the 10 Jenner & Block partners that have been laid off.
Many people emailed us claiming that six associates were also let go. And there are six associate bios that we expected to see that are no longer on the firm website. But the firm maintains that no associates will be leaving with the partners:
Jenner & Block did not recently lay off six associates and does not plan to do so in the near future.
We have a long-standing policy of not publicly commenting on individual personnel matters. As in all law firms, associates join and leave the Firm for various reasons. Some of the associates who have left this year have joined clients as in-house lawyers, some have returned to school, some have joined other law firms. Associates also leave to join the government, work for not-for-profit organizations or personal reasons. Some associates are asked to leave due to performance.
As we’ve suggested before, not every associate departure is a “layoff.” Natural attrition and simple poor performance can cause any individual person to leave a firm. Jenner not only denied the specific associate layoff rumors that we have heard, they also essentially promised that associates were safe. That’s a stronger response than some other firms have offered.
We’ll keep an eye out for “performance reviews” that start to look like patterns.
But is the partner bloodletting finished? After the jump.
Tuesday, October 21, 2008 3:54 PM - By Kashmir Hill
It’s a cute story gone horribly wrong. Twenty-eight doe-eyed pre-schoolers and their parents embarked on a field trip to the Land of Make Believe in Hope, N.J.
While they pranced and frolicked at the amusement park, their bus driver passed the time by watching some hard-core porn on the bus. Unfortunately, he forgot to swap out the tape for a Disney movie for the ride back.
“As the bus was traveling, the children and adults were subjected to the graphic images and sound of said hardcore pornographic movie,” according to the complaint in Hudson County Court. “The passengers were subjected to this for several minutes before the driver turned it off as a result of the screams and shouts of the parents.
From the “Land of Make Believe” to the land of “make it harder and faster.”
The school is now suing the bus company and driver for damages, claiming that numerous parents took their children out of the school as a result of the incident. Good luck trying to use “the stork” story on those kids.
Back in February, we broke the news of the engagement of Monica Goodling — the high-powered former Justice Department lawyer, who admitted to “cross[ing] the line” into politics with respect to DOJ hiring — to Michael Krempasky, the Edelman exec and prominent conservative blogger.
We are now pleased to announce that Goodling and Krempasky got married earlier this month. Congratulations and best wishes to the happy couple!
(And condolences to those of you who think of Goodling as a “Sexy Puritan”; she is now officially off the market.)
P.S. Speaking of lawyer nuptials, Legal Eagle Wedding Watch is on a temporary hiatus. But fear not — it will be back soon.
Tuesday, October 21, 2008 2:08 PM - By Elie Mystal
I know a couple of Tulane graduates, and those people can party. And gamble. And eat what they kill.
Now, the Louisiana Children’s Museum knows how Tulane rolls too. The Tulane law school student body just received this email:
Students, we need your help with a theft that occurred at Barrister’s Ball. As you know, the event was held in the Children’s Museum. There was a display devoted to “Mr. Rogers” (Fred Rogers of “Mr. Rogers’ Neighborhood”) at the top of a staircase. The display contained shoes actually worn by Mr. Rogers, on loan from a private collection. These shoes are therefore unique and irreplaceable.
During the ball one of the shoes was stolen, most likely by a student. The theft was noticed Sunday morning by the museum staff but not reported to us until today. I’m afraid I cannot overemphasize the gravity of this incident. It appears that one of the students of this Law School committed theft, a serious crime. It is also a violation of the Tulane University Code of Student Conduct. Moreover, what was stolen was of very high value. The stolen item must be returned immediately. Otherwise, the Law School may be forced to pay for the item and future SBA events held in venues off campus will be in serious jeopardy.
Until close of business tomorrow (Wednesday) we are taking a “no questions asked” approach to this situation. Our primary goal is simply the return of the shoe. If you know anything about this incident, please report it to Dean Netherton or myself. You can also communicate with SBA President [redacted]. You can report anonymously if you wish. If the shoe is returned to Dean Netherton’s office by close of business tomorrow, the Museum will not turn over the matter to the NOPD. If it is not, the Museum will turn over the matter to the NOPD. I hope it is obvious that being under suspicion or arrested in connection with this incident would have the most serious negative implications for your future career as a lawyer.
Tuesday, October 21, 2008 12:51 PM - By Elie Mystal
Getting accurate information about professors is a problem for law students across the nation. Until pedagogical initiatives result in every student getting a certificate of participation, grades will still be very important to law students.
At Boston University School of Law, every semester students submit reviews of their professors, and those reviews are published so that other students can make better decisions. BU Law has the best professors, according to Princeton Review.
But not every class is a winner. Last year, a 1L property professor received scathing reviews from many of the students. We don’t know all the details about what happened in that class, but we’ve heard some negative things about the professor’s teaching style, grading system, and personality.
Apparently, the reviews were so bad that BU Law Dean Maureen O’Rourke took the extraordinary step of addressing the entire class. According to one tipster:
The students who showed up to the meeting were given no apologies. They were told that the administration read the reviews and did not think that they were indicative of Prof. McClain’s teaching. The students were informed that McClain would get tenure regardless, so that they should leave the issue alone.
When the dean was pressed on whether the reviews would nevertheless be published, she said that they would not be published, not even the 1-5 bubble fill-ins ranging from poor to excellent on overall teaching evaluation.
What is the point of having a student review system when bad reviews are expunged from the record? (Former ATL Law School Dean Hottie) Dean O’Rourke responds after the jump.
Tuesday, October 21, 2008 11:45 AM - By Kashmir Hill
The troubled economic environment has led to layoffs, office shutterings, and the dissolution of Heller Ehrman. Now, the Washington Post is trotting out the idea of the death of the billable hour as a potential outcome of the financial crisis:
Since becoming commonplace in the 1970s, hourly billing has been the subject of criticism by clients and debates by legal experts, who say they give lawyers incentive to work inefficiently. But law firms have been slow to embrace alternative billing.
Until now.
That’s quite a definitive statement. We’re less certain. If there’s a fixed fee revolution going on, we haven’t heard about it. And as the article notes, this is far from the first prediction of the billable hour’s demise (e.g., Whither the Billable Hour?).
But these are desperate times, and everyone’s feeling the pressure. Is it enough pressure to push firms over the brink to fixed fee billing? More speculation, after the jump.
The Chicago-based firm is asking about 10 partners, both equity and non-equity, to exit with the bulk of those affected currently working out of the firm’s biggest office in Chicago, the sources said. No particular practice area is more affected than others. The departures equate to about 6 percent of Jenner’s 155 equity partner headcount and 2 percent of the overall 490 lawyer headcount. The firm declined comment.
Remember that happy-happy-joy-joy meeting Jenner held earlier this month? According to a tipster, Jenner associates were told:
not to worry about the issues on wall st- they will not adversely affect Jenner’s bottom line. Jenner is having a great year and bonus are expected to be as good or better than last year.
Well how does that statement jibe with cutting 10 partners? As one commenter put it:
A rich man doesn’t need to tell you that he’s rich.
We’ve reported on how various lawyers are wading into the California Proposition 8 battle through internal firm communication. Last week we told you about a “Yes on 8” Proskauer associate who emailed entertainment law blogger Russell Wetanson from his Proskauer email account.
Apparently, one missive supporting a ban on gay marriage wasn’t enough for the associate. The associate has sent out another email — from his Proskauer account — to a much wider distribution list which included other Proskauer attorneys:
The Supreme Court’s decision to legalize same-sex marriage did not just overturn the will of California voters (over 61% of them to be exact); it also redefined marriage for the rest of society, without ever asking the people themselves to accept this decision. As a lawyer I can tell you that those Four Activist Judges in San Francisco harmed the democratic process as much as they damaged traditional marriage. [Redacted] I know you and I agree on most things and I assume you still believe that it is a judge’s role to enforce the law not create it, but that is exactly what those Four Activist Judges did. They ignored the votes and voices of 4 million Californians and replaced it with their own. For that reason alone Prop 8 should be supported. If the proponents of gay marriage wish to change the law, let them do it properly not; through the people not through activist judges.
What people do on their personal time is their own business. But doesn’t this cat have a gmail account? There are a lot of attorneys who use the Star Jones-special “I’m a Lawyer” conceit to strengthen their argument, but why drag the firm into it?
More excerpts from this Proskauer associate after the jump.
* What is the applicable hottness handicap for lawyers versus everybody else? [Sweet Hot Justice]
* Hiring freeze at William and Mary brings the global economic crisis home to law professors. [TaxProf Blog]
* I’ll believe in billable hour reform just as soon as I get my jet pack and flying car. [Wired GC]
* If Obama wins will JP Stevens retire? Better question: if Obama loses how much life force will JP Stevens have to vampire away in order to make it four more years? [How Appealing]
* What non-perishable/non-smelly/non-fattening foodstuffs can you keep in your office in case you miss lunch? [Corporette]
Today Dewey & LeBoeuf announced that they would be closing their Charlotte, North Carolina office as of December 31st.
Dewey appears to be in full contraction mode, having already announced the closing of offices in Hartford, CT; Jacksonville, FL; and Austin, TX.
According to a firm spokesperson:
As part of its continuing review of global office locations, Dewey & LeBoeuf will be closing its office in Charlotte, North Carolina. The decision has been made in part due to the economic conditions in the market, which has seen the consolidation of several major banking institutions and a challenging structured finance market. The Charlotte office, which has eight attorneys, will close on December 31, 2008.
The Charlotte market, a burgeoning center of the U.S. banking industry, continues to take hits to its legal market. Last week, Moore & Van Allen laid off around 20 staff members.
According to one tipster, the 8 Charlotte attorneys will receive a 12-week severance package.
Update (5:19): A Dewey spokesperson now confirms that there are 11 lawyers in the Charlotte office. The associates will be laid-off while the firm evaluates relocation options for the partners.
Apparently, the activities of the Association of Community Organizations for Reform Now (ACORN) are now a matter of national import. The group, best known for absolutely nothing prior to a month ago, is now poised to “threaten the fabric of democracy,” according to Senator John McCain.
One might have expected the Obama campaign to take the knuckleball in the dirt, but there is only one October. Last Friday, the Obama campaign called in lawyers from Perkins Coie to harass USAG Michael Mukasey into harassing McCain to stop harassing Obama.
Perkins Coie partner Robert Bauer asked Mukasey to instruct special prosecutor Nora Dannehy to add McCain’s recent conduct to allegations of partisan misconduct within the Justice Department. According to The Blog of the LegalTimes:
[The letter] alleges that Sen. John McCain’s presidential campaign and the Republican Party made false claims of voting fraud as part of a Republican effort to influence the presidential election. The letter accuses Republican officeholders of calling on the Justice Department to investigate allegations of fraud, and Justice Department officials of spurring what he called “baseless” investigations.
Monday, October 20, 2008 3:09 PM - By Kashmir Hill
Salaries for New York judges have been capped at $136,700 for the past ten years. We reported on their attempt to force a raise by suing the New York legislature. New York Supreme Court justice Edward Lehner ruled in favor of mo’ money in June and gave the legislature 90 days to up their pay.
The state’s chief judge, Judith Kaye, was the force behind the lawsuit. But a lesser-known judge, Philip Straniere, of Staten Island, did his part to support the movement. He grew a big, bushy protest beard. He’s been wearing it for the last 14 months.
Unfortunately for cash-strapped New York judges, neither the beard nor lawsuit have done the trick as of yet. According to the New York Law Journal, New York Governor David Paterson has appealed Lehner’s decision. The judges’ brief defending Lehner’s decision is due Friday, with argument scheduled for November.
Straniere has not given up the protest, but he has given up the beard, in order to look less like Father Christmas while he runs for a state Supreme Court judgeship. His shave made the news. From the Staten Island Advance:
Straniere scores points for his Family Guy reference with a shout-out to Peter Griffin’s bird-infested growth. Negative points for the barber for butchering Straniere’s chin.
On Saturday the American Civil Liberties Union elected a new president, Susan Herman.
She’s a constitutional law professor at Brooklyn Law School and had served as the ACLU’s general counsel prior to this promotion. It has been a long time since ACLU leadership changed hands:
Herman’s selection gives the organization a new public face for the first time in nearly two decades. Nadine Strossen, the ACLU’s longest-serving president and the first woman to hold the job, had led the group since 1991, overseeing a substantial rise in formal membership and national staff.
Herman intends to spearhead the organization’s outreach to the African-American community, and she believes that her professorial background will help encourage young people to become card-carrying members.
A quick recap of “Naughty” Nottingham’s misadventures: being too drunk to remember how he spent $3,000 at strip clubs over two days, calling 911 on a paralyzed lawyer in a wheelchair after she confronted him for parking in a handicapped space, and having his name show up on a list of clients of a Denver prostitution business.
Well, he’s back in the news, folks, and though we’ve retired him from Judge of the Day, we’ve decided to give him a nod at the request of many tipsters. The Department of Justice has launched an investigation of “Naughty” for asking a prostitute to lie on his behalf. He wanted her to say they met at a restaurant in Denver and went out a few times and that they were only “good friends.”
The woman claims she had sex with Judge Nottingham for $250 to $300 an hour once a week from February 2003 through November 2004 at the former escort agency Bada Bing of Denver….
[T]he former prostitute says Judge Nottingham asked her to help fabricate a story to tell investigators.
“We just decided to agree that we met at a bar. I don’t remember which one. We decided to say that we just, over the years, had become friends and on occasion would go out on dates,” the woman told 9Wants to Know. “The truth is that I met him when I was an escort for an escort service and he did visit me regularly and he did pay to be with me.”
“It just seems ridiculous that someone in his position would ask someone to lie,” the former prostitute said. “He’s there to uphold the law and he’s breaking it.”
Such a sweet sentiment. Obviously, this former prostitute is not a regular reader of our Judge of the Day feature.
Several newspapers have reported that Nottingham is expected to resign any minute now. But as of Monday at noon, the Colorado District Court’s Clerk Office had not heard anything from him.
So far this year, we’ve found that an awful lot of ATL readers get in the billable spirit over the holidays. Back in January and February, we learned that about a quarter of you worked on Christmas, almost a third of you worked over New Year’s, and more than half of you worked on Martin Luther King’s Birthday. This summer, we found that 42% of you worked over the Memorial Day weekend, and 40% of you put in patriot hours over the Fourth of July weekend. And just last month we learned that 45% of you labored over Labor Day Weekend.
In today’s ATL / Lateral Link survey, we continue our exploration of the holidays. Last week, a number of commenters were even more scandalized than usual when ATL took Columbus Day off. But were all of you really working that weekend?
Update: This survey is now closed. Click here for the results.
Monday, October 20, 2008 11:25 AM - By Elie Mystal
Remember the barely watchable movie Major League II? Ricky “Wild Thing” Vaughn arrives at spring training with an assortment of off-speed curveballs and change-ups, abandoning his 100-mph-plus fastball essentially because he’s gone soft.
That (terrible) plot is being carried out by the nation’s top law schools. We’ve reported on HLS and SLS moving away from letter grades. We scuttled a poll by Columbia Law School trying to ascertain whether students there wanted to move to a modified pass/fail system. Now, despite earlier protestation from some members of the student body, NYU Law is now moving towards their own version of grade reform. The hope, apparently, is sterling transcripts for all, academic competition for none:
In Fall 2007, the Executive Committee of the faculty re-evaluated the NYU grade curve as part of a broader charge. The Committee concluded that the curve appears to be somewhat out of line with peer schools, and expressed concern that an unintended effect could be that it systematically disadvantages our students applying for clerkships and some other jobs.
Is there no end to this madness? In essence, that letter represents a bunch of students saying:
Whaaaa. Law school is hard. I want my clerky-ships. How come Johnny gets all the good grades? Whaaaa!
And NYU is caving. They’re throwing a curveball in a 3-1 count instead of having the guts to throw a hard strike.
Getting good grades is not a right. And it shouldn’t be a gift. Some people have the talent and focus to get good grades, other people have the social skills to get laid. What precisely was wrong with that system?
Monday, October 20, 2008 10:06 AM - By Elie Mystal
Unfortunately, this Monday brings more statistics and indications that the job market for lawyers is in very bad shape.
The National Law Journal is reporting that while law students are expected to graduate with an average of $73,000 of debt, job prospects are looking especially weak:
[W]hile most would-be lawyers already have accepted that only a small fraction will start their careers with a big-firm salary of $160,000, the past few weeks of economic chaos have caused many to wonder if any kind of attorney work is in their near future. …
[T]here is genuine cause for concern. The number of legal jobs nationwide is steadily declining, according to employment figures released this month by the U.S. Department of Labor. Jobs in the law sector shrank by 2,000 in September — the fifth consecutive month of losses. The legal work force of 1,165,100 was down by 1.15% from a year ago, when the industry employed 1,178,600 people.
NALP is reporting the anecdotal evidence that we’ve been seeing: law firms are scaling back on their summer associate programs.
Not surprisingly, law students are worried:
One of the biggest challenges for career services professionals is dealing with the rumor mill among law students, who are a “worrisome lot” by nature, said Tom Ksobiech, assistant dean for career services at the University of Alabama School of Law.
“Everyone has heard something from ‘a friend,’ ” he said. “According to the ‘friend,’ there are no jobs anywhere.”
After the jump, practicing attorneys are also feeling the pinch.
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. 
Continue reading "Associate Bonus Watch: Orrick Stands Behind Bonus Structure"
(102) Comments
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