Archive for February 2009

Hidey Ho, Winslows

By

marincounty3.gifGreetings! Marin here.

Some of you may know me as Elie’s foil from the Pls Hndle Thx advice column. Others may know me from the ATL Idol competition. Still others may know me from Miss Michelle’s Dance Studio in New Jersey, where I excelled in jazz and tap dancing as a child.

I’m a lawyer and a freelance writer. And while Elie’s on vacation, I’ll be your guest editor for the week. Elie’s a tough act to follow, but I’m up for the challenge and hope to deliver the same high quality material that you’ve come to expect here. As always, tip your editors at tips@abovethelaw.com.

We now return to our regularly scheduled programming.

Sign up for the Above the Law newsletter

Subscribe to our free daily email and get breaking news, commentary, and opinions on law firms, lawyers, law schools, lawsuits, judges, and more.

Morning Docket 02.17.09

By

Thumbnail image for Facebook logo MySpace Friendster Abovethelaw Above the Law blog.jpg* Facebook owns you. Or at least all of your content, even after you close your account due to a recent change in its Terms of Use. But what’s the legality of Facebook’s stealth changes to its consumer contracts? [Litigation & Trial via Wall Street Journal]

* The Pennsylvania judges who sent lots of little kiddies to juvenile detention for minor offenses in exchange for $2.6 million in kickbacks from privately run detention centers are now facing class action suits from hundreds of children and parents. [Courthouse News Service]

* These days, there is more in the news about the misdeeds of the prosecutors in the corruption case of Alaskan Senator Ted Stevens than the defendant. The problems are so serious that the government apparently worked on a holiday. The Justice Department filed a notice with the court yesterday announcing the replacement of the original team of attorneys (from the Department’s Public Integrity Section) due to “litigation relating to allegations of misconduct in this matter.” [Anchorage Daily News]

* President Obama has promised that the government will be more open under his watch, but the Justice Department is not entirely on board with that policy. [Associated Press]

* As we reported in January, Linklaters is saying “See you later” to 100 of its attorneys in London. Legal Week has more details on the practice groups that will be shrinking. [Legal Week]

* The Supreme Court case of Caperton v. A.T. Massey Coal is like a John Grisham novel come to life, says USA Today. It’s also “Exhibit A in the debate over how high-dollar state judicial elections can raise questions about the fairness of some rulings.” [USA Today]

Bong Hits 4 Jesus Michael Phelps
(And no criminal charges, either.)

By

Michael Phelps pot marijuana bong.jpgThis just in, from the AP:

A South Carolina sheriff said Monday he was not going to charge swimmer Michael Phelps after a photo of the 14-time gold medalist showed him smoking from a marijuana pipe.

Richland County Sheriff Leon Lott said he couldn’t ignore the photo but defended his investigation. “Michael Phelps is truly an American hero … but even with his star status, he is still obligated to obey the laws of our state,” Lott said.

The photo showed Phelps smoking from a marijuana pipe at a party in November when he visited the University of South Carolina.

Earlier this month, through a spokesperson, Sheriff Lott sang a different tune:

“The bottom line is, if he broke the law, and he did it in Richland County, he’s going to be charged,” [spokesman Chris] Cowan said. “And there’s no difference between Michael Phelps and several other people that we arrest for the same type of a charge everyday.”

Perhaps Sheriff Lott was deterred by talk that going after Phelps would have constituted a selective prosecution?

A reader poll and the opportunity to comment, after the jump.

double red triangle arrows Continue reading “Bong Hits 4 Jesus Michael Phelps
(And no criminal charges, either.)”

If you’re happy and you know it, clap your hands… Or take our poll

By

happy lawyers.jpgThe American Bar Foundation has been tracking the careers of almost 5,000 law grads for a project called After The JD. The $1.8 million study keeps the lab rats law grads from the class of 2000 under a microscope for 12 years after graduation to track the development of their careers, relationships, and basic ability to run the maze that is life in the law.

The ABA Journal reports that a survey of the group found that a whopping 76% were “either extremely or moderately satisfied with their decision to become an attorney.”

That’s a good amount of satisfaction. But does it mean that one in four is miserable about having become an attorney? And the ABA Journal says the interviews for the survey were conducted in 2007. With the recent turmoil in the industry, we wonder if those results hold up. How’s your satisfaction these days?

View results.

More intel on the class of 2000 (and the migration away from Biglaw), after the jump.

double red triangle arrows Continue reading “If you’re happy and you know it, clap your hands… Or take our poll”

Morning Docket 02.16.09

By

presidents day rushmore.jpgHappy Presidents’ Day! Or Washington and Lincoln Day. Or George Washington Day for Virginians. Or Washington and Jefferson Day if you’re in Alabama. Whatever you call it, we hope you have it off; we do. In honor of the executive branch, ATL will be on a reduced publication schedule today.

* Adam Cohen asks, “Is the Supreme Court About to Kill Off the Exclusionary Rule?” [New York Times]

* A Facebook status update for Quinn Emmanuel might say “Whoops.” A firm PR newsletter bragged about the $65 million that its client ConnectU got out of Facebook… in a confidential settlement. [Los Angeles Times]

* Good news for those looking for work: U.S. Attorneys’ offices in New York have vacancies. Bad news: they may not have the money to fill the empty spots. [Newsday]

* Open-government advocates want PACER to be as easy to use as Google, and free. [New York Times]

* Lawsuit of the Day: iFart Mobile vs. Pull My Finger. [VentureBeat]

  • 13 Feb 2009 at 6:54 PM
  • K&L Gates

K&L Gates Battens Down the Hatches: Salary Freezes, Delayed Start Dates (But good news: no layoffs. For now.)

By

KL Gates logo.JPGEarlier today, associates at K&L Gates attended a town hall meeting with Peter Kalis, chairman and global managing partner. Kalis provided an overview of where the firm stands and announced steps that will be taken to deal with the recession (in addition to skimping on toilet paper).

Several sources sent us reports of the proceedings. Here are highlights:

Possible layoffs: No associate layoffs — yet. At the end of February, management will evaluate how things stand at that point, and there may be a reduction in headcount after that.

Salary freeze: Salaries will be frozen for all associates. This decision will be reviewed at the July Management Committee meeting (so think “slurpee freeze”). According to Kalis, clients were asking him why K&L Gates hadn’t frozen salaries, in response to the freezes of other firms.

Delayed start dates: Incoming first-year associates will have their start date deferred to January 4, 2010. They will get health care prior to that. But Kalis did not say anything about a stipend (a point several sources noticed). The First-Year Academy (training for new associates) and the Associates Symposium have been canceled.

Billing rates: The firm will be raising billing rates (interesting, in light of the salary freeze — pay associates the same, but charge clients more for their services). According to Kalis, rates at K&L Gates are currently lower than those of peer firms, so this is a chance to catch up.

Firm finances: K&L Gates is one of only two Am Law 100 firms with no debt, per Kalis.

That’s the hard news. Colorful quotes and fun stuff, after the jump.

double red triangle arrows Continue reading “K&L Gates Battens Down the Hatches: Salary Freezes, Delayed Start Dates (But good news: no layoffs. For now.)”

Vacation Memo

By

The Venetian Vacation large.JPGTO: ATL Readers, Commenters, Tipsters

CC: The General Public, The Grammar Police, NYPD, LVPD

FROM: Elie Mystal

SUBJECT: Whereabouts and Other Sundries

I will be out of the office from right about now until Monday, February 23rd.

I have not been fired (so far as I am aware). My performance is not under review. I’m not having a heart attack. Nobody took my stapler. I’m not stuck at “the Sizzler” waiting for the jaws of life to pry me out of the door. I’m just taking a little vacation.

Above the Law won’t miss a beat. Lat and Kash will both be around as always, breaking news, providing insight, and keeping all of the readers in the loop.

But, for extra help during these crazy times, we’re bringing in a guest editor.

You know her, you love her, many of you voted for her six months ago: Marin will be girl-in-the-know next week on Above the Law. I trust that everybody will treat her with the same kindness and respect that I’ve come to so thoroughly enjoy.

I’ll not be checking email or voice mail, nor will I be scanning the sky for smoke signals. Carrier pigeons and other messenger fowl will be shot on sight.

Please send all of your tips, questions, concerns, hot documents, and non-sequitur ideas to tips@abovethelaw.com, so that Lat, Kash, and Marin know what you want to read about.

And if you happen to be in Vegas this weekend, feel free to stop by and say hi. I’ll be the loudest guy at Venetian, the broke guy in the Bellagio poker room, or the mentally unstable, homeless-looking person taking money from people with no understanding of European history at Excalibur.

What ever happened to that Yale gals / AK47 / AutoAdmit thing?

By

autoadmit.JPGBack in 2007, two female Yale Law School students filed a lawsuit over allegedly defamatory and threatening comments written about them on AutoAdmit.com. The stuff written went way beyond lobsters and buttcheeks, and the women said the resulting Google hits on their names did serious damage to their job prospects.

The case was near and dear to ATL readers’ hearts in its challenge to the culture of anonymous online commentary, as the YLS students sought to out their unknown assailants (including the incongruously-named :D and more appropriately-named AK47) through the course of litigation. We covered the various twists and turns of the case, but hadn’t heard anything since last summer.

The newest issue of Portfolio Magazine has the case on its cover. In Slimed Online, David Margolick identifies the YLS plaintiffs as Brittan Heller and Heide Iravani and explores the legal ramifications for cyber bullying.

The article is a great read, and we’d advise checking it out. We’re a big fan of the writer: Margolick covered the O.J. Simpson trial as the New York Times national legal correspondent in the 90s, and was one of Kash’s favorite journalism professors last semester.

For the lazy among you, we have chosen some highlights, including the “where are they now” grafs (hint: hello, Cleary). Find out whether job prospects were really damaged, after the jump.

double red triangle arrows Continue reading “What ever happened to that Yale gals / AK47 / AutoAdmit thing?”

Dealing with the Downturn: Simpson Thacher’s Public Service Program

By

SimpsonThacher.gifHow should law firms respond to the recession? As reflected in the dramatic events of yesterday, which will go down in Biglaw history as the Valentine’s Day Massacre of 2009, lawyer layoffs are a common route.

But there are other options. We recently wrote about how unemployed (or underemployed) lawyers can do pro bono work — a way of enhancing their skills, while serving the public. Now one leading law firm is taking this idea and running with it.

Simpson Thacher & Bartlett recently announced a new program of public interest fellowships for their associates. From the memo:

Simpson Thacher & Bartlett LLP is pleased to announce a Public Service Fellowship Program which offers associates the opportunity to spend one year working on a public service project of their choosing, supported by a stipend from the Firm, with the option to return to the firm at the Fellowship’s conclusion. The Fellowship Program is designed to enable associates to provide greatly needed assistance, on a full-time basis, to organizations, communities, or individuals in the United States or abroad; encourage associates’ commitment to public service; and advance associates’ own vision of social justice.

One associate is pleased and proud:

I think it’s a creative, win-win solution for the firm, as well as for those of us — meaning, anyone with a paycheck and a pulse — who live in dread of layoffs. The firm saves $100k+ a year and doesn’t have either the spectre of layoffs or gaps in its associate classes when business turns around. It also sends a strong, morale-boosting signal to the associates that the firm is looking to do all it can to avoid laying off attorneys — and is actually willing to spend money to that effect (while, of course, also saving a good deal of money).

The reference to saving money while spending money refers to the stipend. Fellowship recipients receive a lump-sum stipend of $60,000, paid in advance. Yes, this is an upfront expenditure for the firm; but it’s less than the going rate for a first-, second-, or third-year associate.

More details, plus the full memo, after the jump.

double red triangle arrows Continue reading “Dealing with the Downturn: Simpson Thacher’s Public Service Program”

Nationwide Layoff Watch: Stealth Layoffs at Kelley Drye?

By

Kelley Drye.JPGThere was one more firm we’ve heard a lot about recently, but the firm would not respond to ATL’s multiple requests for comment.

In the past week or so, we’ve received a number of credible tips about layoffs at Kelley Drye. Because the firm will not comment, we don’t know the overall numbers. But multiple tipsters independently report that there were layoffs at Kelley Drye:

A handful of other associates, including first years, got the ax…. Everyone fired was in the transactional group; firm was clear that it was solely for economic reasons.

Another tipster reports:

Layoffs at Kelly Drye. All class years affected including four class of 2008 in New York.

And from a third:

Kelley Drye New Jersey office a ghost town.

But we’ve also received conflicting reports that there have been no layoffs at Kelley Drye. Many of the litigators we talked with report no layoffs. Then again, if the layoffs were focused in the transactional group, how would litigators know?

But the other question is this: why wouldn’t Kelley Drye announce layoffs yesterday when the entire industry was vomiting jobs? Wouldn’t the firm want to get its bad news out yesterday?

If there were layoffs.

But if there weren’t layoffs, why wouldn’t Kelley Drye spokespeople knock the rumors down when we asked?

If you have any more information about Kelley Drye, please send it in to tips.

Job of the Week: Facebook is Hiring!

By

Job of the Week Lateral Link ATL logo.gifSpending more time writing on your wall than writing a legal brief? Looking for a job where spending time on Facebook is your job? Now your social networking and legal skills can go hand-in-hand. Because of Lateral Link’s outstanding reputation with legal recruiters, Lateral Link members have a significant advantage when seeking a new position. Membership in Lateral Link is free and you can apply at www.laterallink.com.

Position #1: Patent Counsel

Location: Silicon Valley (Palo Alto, CA)

Description: Seeking a mid to senior level Patent Counsel with 3-9 years of patent prosecution experience (in-house experience a plus). Responsibilities include: Manage in-house patent prosecution program; identify strategic areas for patenting and patentable inventions; evaluate potential acquisitions; educate employees on patent law issues; improve internal processes.

Position #2: Corporate Counsel, Transactions

Location: Silicon Valley (Palo Alto, CA)

Description: Seeking a Corporate Counsel to support transactions functions. The position will report to the Associate General Counsel, Commercial Transactions. Need a strong transactional background, with at least 3 years of legal experience at a top-tier law firm and experience working with advertising sales agreements strongly desired (In-house experience at a technology or internet company a plus). Responsibilities include: Contract drafting, negotiation and advisory responsibilities for business development, advertising sales and marketing groups; participate in structuring, negotiating and drafting general business and commercial transactions; administration and resolution of legal issues that arise in existing commercial relationships.

For more information about these position or to apply, please see Position 10355 and Position 10356 on Lateral Link. Current members can also contact their personal search consultant directly to discuss this position. Membership in Lateral Link is free and you can apply at www.laterallink.com.

Profits Per Partner Down At O’Melveny

By

omelveny logo.JPGO’Melveney & Myers paid out Skadden level bonuses for everybody — that was not in New York and billed at least 1950. Unlike Orrick, O’Melveny actually paid these bonuses, instead of just talking about them.

Maybe that is why their profits per partner took such a significant hit?

Yesterday, AmLaw Daily reported a sharp decline in PPP at OMM:

O’Melveny & Myers reported a small decline in revenues and a more substantial drop in profits per partner as the firm grappled with the impact of the economic downturn. The Los Angeles-based firm reported this morning that profits per partner were down more than 7 percent to $1.5 million. Gross revenues for 2008 were $908 million, an almost 3 percent drop from the prior year.

A lot of associates will be happy with this news. The firm has avoided that mass layoffs that happened at Morrison & Foerster and didn’t freeze salaries like Latham.

And despite the drop, partners still pulled down $1.5 million dollars.

THE AM LAW 100: Revenues, Profits Drop at O’Melveny & Myers [AmLaw Daily]

Earlier: Associate Bonus Watch: O’Melveny Makes It Rain, Baby (At least outside New York. For 1950+ hours.)