Archive for April 2009

outsourcing biglaw aba tsunami.gifWhenever we talk about outsourcing, a number of commenters disparage the quality of work provided by less expensive, foreign lawyers. But jingoistic rhetoric isn’t going to do anything to stop the movement of legal work offshore. Indian lawyers scored a major victory yesterday, as a suit against Sacha Baron Cohen was tossed out of L.A. Superior Court.

The suit alleged that Cohen (performing as Ali G) suggested he had sex with a woman (who is referred to as “Jane Doe” in the lawsuit) during an “interview” with Gore Vidal. Los Angeles Superior Court Judge Terry Friedman threw out the suit. He ruled:

No reasonable person could consider the statements made by Ali G on the program to be factual. To the contrary, it is obvious that the Ali G character is absurd, and all his statements are gibberish and intended as comedy. The actor, Sacha Baron Cohen, never strays from the Ali G character, who is dressed in a ridiculous outfit and speaks in the exaggerated manner of a rap artist. Ali G’s statements are similarly absurd. For example, prior to the reference to Plaintiff, while ‘interviewing’ the author Gore Vidal, Ali G refers to the Constitution of the United States as having been written on two tablets, clearly intended to confuse the Constitution with the Ten Commandments. Altogether, the program is obviously a spoof of a serious interview program. No reasonable person could think otherwise.

It’s an important victory for comedy performers. But who did the lion’s share of the legal grunt work on the case? That would be an Indian law firm under the supervision of SmithDehn.

More details after the jump.

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US News logo.JPGThe 2010 U.S. News law school rankings leaked over the weekend were not fake. Bob Morse — the rankings guru — essentially confirmed the results to the Wall Street Journal today, ahead of the magazine’s official release tomorrow.

Here’s the official list of the top 20 law schools:

1. Yale
2. Harvard
3. Stanford
4. Columbia
5. NYU
6. (Tie) Berkeley, University of Chicago
8. Penn
9. Michigan
10. (Tie) Duke, Northwestern, UVA
13. Cornell
14. Georgetown
15. (Tie) UCLA, Texas
17. Vanderbilt
18. USC
19. Wash U
20. (Tie) Boston University, Emory, Minnesota

As many of you have already pointed out, one school in particular experienced a precipitous drop out of the top 20. George Washington’s surprising fall, after the jump.

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monopoly above the law.jpgRichard Marinaccio was laid off from midsize firm Hodgson Russ LLP in Buffalo, New York, in January. While he was job searching, he may have spent his time constructively polishing his resume. And he may have spent some time playing board games. Both activities paid off.

In March, he both found a new job and casually surfed over to Hasbro’s website and took a quiz on his Monopoly strategy. He did well on the quiz, moving to the next round, which involved writing essays on his strategy. He did well again, and qualified for an online game-playing session with 80 other players. He scored at the top and was one of 28 people to participate in Monopoly’s national championships in Washington, D.C., last week.

He told us it was his first time participating in competitive Monopoly, though it’s always been his favorite game to play with his family. The family game-playing sessions prepared him well and Monopoly money is turning into real money for the 26-year-old attorney. He won the championship, taking home a purse equivalent to a Monopoly bank: $20,580. Marinaccio will also go on to represent the U.S. in the Monopoly world championship in Las Vegas in October.

And he’s not even a real estate attorney. He recently got a new job working as in-house counsel at a health care company.

He wasn’t the only attorney trying to force people into bankruptcy. Ellis Baggs of Hunton & Williams also qualified for the national competition, though he was eliminated before having the chance to square off with Marinaccio.

Advance to Go. Collect $20,580. Congratulations on the new job, the Monopoly skills, and a place in the ATL Lawyer of the Day annals, Mr. Marinaccio.

Earlier: (Laid-Off) Lawyer of the Day: Hudson River Plane Crash Passenger Frank Scudere

Buffalo Resident Crowned U.S. Monopoly National Champion [Business Wire]

Monopoly pays off big in competition [Washington Times]

Henricoan wins 1st round in national Monopoly championship [Richmond Times-Dispatch]

Madlyn Primoff Kaye Scholer mugshot.jpgMadlyn Primoff, a partner in the bankruptcy and business reorganization group at Kaye Scholer, left her two daughters by the side of the road in White Plains. According to the New York Daily News:

A prominent Park Avenue lawyer was arrested after cops said she got so angry at her young daughters that she kicked them out of her car – and drove off.

Madlyn Primoff apparently couldn’t bear any more squabbling between her 10- and 12-year-old daughters Sunday and booted them out of the car in White Plains, Westchester County, authorities said.

A threat doesn’t carry much weight if you’re not willing to back it up, right? A tipster quips:

So maybe I won’t apply to Kaye Scholer … if their partners are this crazy.

But the 12-year-old demonstrated the dedication required of a future Kaye Scholer associate. She ran after her mother’s car, caught up to it, and got back in. You can’t stealth layoff that kid!

Unfortunately, the 10-year-old went to pieces:

The younger daughter wandered around the corner to Mamaroneck Ave., where a good Samaritan spotted her in tears about 7:30 p.m., bought her ice cream and then approached a cop in a patrol car.

The officer described the girl as “very upset” and “emotional” in the police report.

More discussion — including information about Madlyn Primoff’s $2 million home in Scarsdale, and a reader poll — after the jump.

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Non-Sequiturs: 04.21.09

BBLP new book.JPG* Justice Breyer: boxers or briefs? If the other kids like to “stick things in [your] underwear,” it’s only because they want you to sit on the Supreme Court someday. [Washington Briefs (hehe) via UTR]

* ATL’s Elie Mystal will be participating in a panel discussion on the internet as a new business networking tool, at the ABA Taxation Section meeting next month in D.C.[American Bar Association (PDF)]

* Some additional thoughts on Building A Better Legal Profession (BBLP), from Professor Jim Maule of Villanova Law. [Mauled Again]

* “Which is more nerve-wracking: Final Jeopardy!, or facing the Socratic Method at the University of Chicago Law School?” [University of Chicago Magazine]

* The 10 most hilarious crimes in celebrity history. [e-Justice blog]

* Congratulations to Judge Marsha Berzon (9th Cir.), whose daughter Alexandra Berzon — familiar to ATL readers as the ill-fated coffee carrier — just won a Pulitzer Prize! [Underneath Their Robes]

UC Irvine logo.JPGIn October, we reported that the new law school at UC Irvine would be offering a full scholarship to students who enrolled for the fall 2009 semester. It looks like the strategy paid off. The school received 2,741 applications for 68 positions. According to the school’s press release, that makes UC Irvine School of Law the most selective law school in the country:

The University of California, Irvine School of Law has chosen its inaugural class by accepting only 4% of its applicants, making it the most selective of any law school in the nation.

UC Irvine accepted only 110 of a total of 2,741 applicants to fill its 68 first-year positions, for an acceptance rate of 4%. By comparison, Yale Law School at 7%, and Stanford Law School at 9%, are the only other law schools with single-digit acceptance rates, according to the most recent data available from the American Bar Association (2007).

With all the kerfuffle about the U.S. News rankings, it’s a good time to point out that people like getting into “selective” law schools. UC Irvine also reports that its yield rate on its offers is 62%, third behind Harvard and Yale.

Offering free tuition in a down market is nothing to laugh at:

UC Irvine’s founding dean, Erwin Chemerinsky, attributes the high number of applications per position and the high quality of the incoming class to the strength and support of the University of California, Irvine, to the high quality of the founding faculty, and to the three-year, full-tuition scholarship offered to each member of the first-year class.

“We are extremely pleased to have fielded such a high-caliber inaugural class,” said Chemerinsky. “Along with a faculty that was ranked in the top 10 in the nation in a recent study, this will allow us to be considered among the best law schools in the country from the very start,” he said. “Our goal and the university’s goal was to be a top 20 law school from the moment we open our doors in August.”

Good luck Irvine. We might not need more law schools, but you have to hope this “free” thing catches on.

Read the full press release after the jump.

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Non-Sequiturs: 04.20.09

UCLA School of Law logo.JPG* The new UCLA LL.M. program could make heads explode. [The Legal Satyricon]

* Two-thirds of Americans support federal legal aid for poor people. If this catches on, the new fourth year of law school (between graduation and being allowed to start at your Biglaw firm) might net some extra money. And there’s something in it for poor people too. [ABA Journal]

* Is Obama derangement syndrome a real thing now? [What About Clients?]

* The Britney Spears stalker might not be a stalker. [Popsquire]

* Wow. It’s been at least ten years since I heard the name “Rico Sauve.” But he might have made a good lawyer. [Courtoons]

* Here’s an environmentally friendly Blawg Review. [Green Patent Blog via Blawg Review]

Salary Cuts.jpgSo far, salary cuts have been localized to mid-sized and regional firms. But it appears Baker & McKenzie has become the first national firm to slash associate salaries. A tipster reports that associate salaries have been cut between 10% and 25% for some associates at the firm.

As we understand it, associates are receiving individualized memos about their salary reductions. Salary cut decisions are being made on a case-by-case basis and it is difficult for associates to know what is going on with colleagues down the hall.

Baker McKenzie has been making all sorts of news lately. Two weeks ago, the firm laid off 124 people. Then the firm pushed back start dates until January 2010. But it is surprising to see the firm get out in front on cutting salaries while its peer firms are resisting salary cuts.

Is this another nail in the lockstep coffin? Additional details after the jump.

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Villanova law school seal.jpgLast week, we wrote about Villanova University School of Law running out of work-study funds. Over the weekend, we received several copies of an interesting follow-up email — one that went to every 1L and 2L at Villanova, as well as every dean.

Some background, from a tipster:

This email is sent as-is, with typos and random, misplaced sentence pieces intact (“ing we put on email . . .” ?).

Dean Sargent gives ATL a shout-out and echoes Professor-Blogger Jim Maule’s excitement as well.

And the email:

From: Mark Sargent
Sent: Saturday, April 18, 2009 3:01 PM
To: Wendy Barron; 2010dist; 2011dist
Cc: William James; Doris Brogan; Felicia Hamilton; Lori Bogish; Jennifer Nguyen; Christine Stango
Subject: RE: Work-Study funds for summer 2009

Wendy, we need to be careful with this kind of mass communication, helpful as it is. As I am sure you saw, this ended up on Above the Law. I did not get nearly as excited about it as Maule, and I know other schools will have the same problem, but readers naturally (albeit idiotically) put a bas [sic] spin on it for us.

This is what we get for being transparent and helpful! The internet really is a type of hell!
________________________________
ing we put on email or elsewhere can go viral almost instantly.

Mark A. Sargent
Dean and Professor of Law
Villanova University School of Law

From a second tipster:

I had to forward this. It is the email equivalent of the scene in Billy Madison where Chris Farley gets on the school bus and yells, “NO YELLING ON THE BUS!”

Our observations:

1. Thanks for the shout-out, Dean Sargent! We’re glad to have you as a reader.

2. You’re right — other law schools are having the same problem. For example, there’s no more work-study money at Rutgers – Camden (email after the jump).

3. “[R]eaders naturally (albeit idiotically) put a bas [sic] spin on it for us.” Oh, Dean Sargent, don’t read the comments — they will only cause you grief. We’ve helpfully hidden them, so they don’t display by default; you have to affirmatively seek them out.

peanut Mr Peanut warning contains peanuts you will die Above the Law blog.jpgFinally, this is not the first time Dean Sargent has had problems with that pesky “reply all” button. Remember the saga of Peanut Girl? Back in the fall of 2007, Dean Sargent complained about having to deal with a student with a very severe peanut allergy — in an email he sent to the deans of all ABA-accredited law schools. In a subsequent apology to the listserv, he described his gaffe as “the oldest mistake in the history of email.”

We reached out to Dean Sargent for comment on his latest email error. Read more, after the jump.

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Villanova Law Dean: ‘The internet really is a type of hell!’

Letter from London Queen.JPGEd. note: The legal world is much bigger than New York, or Washington, or even the United States. Welcome to Letter from London, a weekly dispatch from the other side of the pond. Our U.K. correspondent, Isaac Smith, will expose ATL readers to the latest goings-on in the London legal world. You can reach Isaac by email, at isaacsmithlondon@googlemail.com.

Hey, we love the Skadden “Sidebar” programme – which, like a year-old Hollywood movie, washed up belatedly on these shores last week. A third of your massive salary to do whatever you want, no strings attached – plus you’re exempt from any redundancy rounds while you’re away! And the reassuringly accomplished Sidebar branding means you really believe them when they say that.

The bitter irony is, of course, that this thing is being wasted on lawyers. “So what would you do if you had a whole year to do anything you fancied and still get paid?” I asked a group of London Big Law associate friends over some drinks in the pub last week.

“I’m fascinated by different cultures, so I’d go skiing,” said one.

“I’d have my bathroom refitted – you get a much higher standard of finish when you’re there to monitor the work yourself,” contributed another.

“A combination of the two would afford a sensible balance,” added a third.

After the jump, is expansion the answer?

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mayer brown logo.JPGWe’ve already reported that Mayer Brown pushed back its start date for incoming first year associates to January 19, 2010.

But today, we’ve learned that Mayer Brown is also giving people the option of deferring for an entire year. A Mayer Brown spokesperson confirmed that the voluntary deferral will include a stipend of $5,000 per month:

[A]nyone in that class who voluntarily chooses to extend their deferral for any reason may do so, up to October 2010. Those who choose to take advantage of this option will receive a $5,000 monthly stipend.

The deferral option is being communicated to incoming first year associates over the phone, just in time for final exams.

Pushing back start dates is just one of many things going on a Mayer Brown right now. We have some new management details after the jump.

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florida.jpgThe Florida Bar Exam results are out, and they’re not pretty for some of the top Flori-duh law schools. [FN1]

Law School Headlines asks “What happened on the February 2009 Florida Bar?” noting the abysmal performance by graduates of University of Florida, FSU, and University of Miami. Their passage rates dropped from percentages in the high 80s and 90s on the July exam to 64.9%, 65.0% and 61.1%, respectively. Here’s the press release [PDF].

Did exam takers spend too much time on the beach, and not enough time at BarBri classes?

A representative from the Florida Board of Bar Examiners wouldn’t comment on the problems the graduates of these schools had. She did note though that the rate of passage for first-time test takers is consistent with years past (around seventy percent), and that February exam takers (as opposed to July testers) are a “different group of people.” They tend to be non-traditional students, who didn’t do the whole “enroll in the fall, graduate in three years, take the bar exam in July…”-and-then-pass thing.

But FSU had the highest passage rate among Florida schools on last year’s February exam, as well the July 2007 and July 2006 exams. FSU College of Law Dean Donald Weidner told Tallahassee.com, “It’s disappointing and puzzling.”

It’s also unusual. See passage rates from previous years, after the jump.

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What about 1Ls?

1l scott turow above the law.jpgMost of our coverage of the effect of the Great Recession on law school students has focused on 3Ls and 2Ls. The 3Ls graduate soon, but don’t start their Biglaw jobs soon, assuming they’re lucky enough to have jobs lined up, while the 2Ls are expecting shorter, less lavish summer associate programs.

But what about 1Ls? It would appear that many are seeking out refuge in Big Government. And facing fierce competition for Little Money. (1Ls aren’t the only ones — Legal Times reports that government jobs are elusive for laid-off lawyers as well.)

At the deferred associates job fair in New Jersey earlier this month, a representative from Newark’s Office of the Corporation Counsel told us he had received hundreds of applications for 12 available spots in the city’s unpaid summer law program. This is at least double the amount of applications received in previous years.

And a source from Texas says the trend is the same there:

I don’t know exactly what 1Ls are doing this summer, but I know that they’ve been applying for judicial intern jobs in droves. The Texas Court of Criminal Appeals has gotten tons of applications. They’re seeing about triple the applications as usual, if not more. This is even though the court hasn’t exactly been getting good press lately.

I also heard that the US Attorney’s Office here, which runs a year-long unpaid internship program, has gotten 35 applications for next year (up from about 6 applications two years ago) and nearly the entire UT Law review editorial board has applied. So I think it’s not a stretch to say that law students are freaking out.

Who’s not freaking out these days? It’s the friggin’ Great Recession.

A 1L from a T10 school says the classmates who wanted firm jobs are doing public interest work. Others who wanted public interest jobs couldn’t get them. “There are more public interest jobs out there. But they are in small towns where no one wants to go,” she wrote. “Seems like a lot of people are working for professors, some who wanted to anyways, and others as a last resort. Still others don’t have jobs despite excellent credentials. I think those people are now looking for jobs that are only marginally law-related, but I know a couple who are just taking the summer off. It’s tough.”

At least 1Ls have two more years of law school refuge time. Unfortunately, the legal world that will greet them upon graduation will be mighty different from the one that existed when they enrolled (Biglaw to 125K and the end of lock-step!).

One Michigan 1L wrote to us asking if he should drop out if things aren’t looking good at OCIs this summer. See his speculation as to what the future holds, and offer the poor kid advice, after the jump.

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Every year, somebody claims to have obtained a leaked copy of the U.S. News and World Report Law School Rankings. Every year, there are numerous hoaxes and fakes. This year is no different. But over the weekend, we saw one version of the leaked rankings at least had the air of legitimacy.

The official rankings are due out Thursday, but the Critical Badger claims to have the rankings now.

Leaked Law school rankings badger t14.jpg

In this version, the top 14 law schools remain the top 14 law schools. Here’s another version from Top Law Schools.

We reached out to the people at U.S. News to see if these rankings were the real rankings. They offered “no comment.”

After the jump, are these real?

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Don’t Forget to Take Your Grain of Salt”

Morning Docket 04.20.09

Ed. Note: Sorry for the delay. We’re having technical issues this morning. Please bear with us! (And, no, “technical” does not translate to “hungover.”)

* The Iranian court will consider the appeal of the Iranian-American journalist who was sentenced to eight years in prison for “spying on Iran for Washington.” [The New York Times]

* The Supreme Court will take up a case in Arizona “that could limit a federal court’s power to tell states to spend more money to educate students who aren’t proficient in English.” [The Associated Press]

* U.S. Attorney Catherine Hanaway from Missouri is leaving her job to start a law firm with former U.S. attorney general and Missouri governor John D. Ashcroft. Ashcroft’s apparent lack of ambition could pose a problem for the new firm. [St. Louis Post-Dispatch]

* Texas financier R. Allen Stanford, orchestrator of that other Ponzi scheme, has asked a judge to unlock $10 million in frozen assets so he can hire lawyers to save him from his inevitable demise. “It’s not fair,” said Houston criminal defense attorney Dick Deguerin, who is defending Stanford on the “hope” that he will have enough money to pay him. “We’re going to need lawyers all over the world.” Keep hoping, Deguerin–and dreaming of money. [Bloomberg]

* A South Korean blogger, Park Dae-sung, a.k.a. Minerva, a.k.a. “the prophet of doom,” who predicted sharp falls in the stock market and the collapse of Lehman brothers was acquitted Monday of spreading false information…because he was obviously right. [Reuters]

Law Revue Video Contest.jpgHappy Sunday. Thanks for visiting Above The Law this weekend.

We just wanted to remind you that voting in the (first) Annual Law Revue Video Contest ends tonight at the stroke of midnight. Or actually at 11:59 p.m. So if you haven’t yet watched the best in Law Revue humor and found what makes you laugh hardest, we advise you do so soon.

To see Northeastern’s gunner Lion, UVA’s adderal-fueled serenade and Backstreet Boys take on constitutional law, NYU’s Barbri Girl and South Park-inspired Arthur Miller animation, and Boston University’s version of My New Haircut, check out our post on The Finalists.

As of 7:54 a.m. on Sunday morning, BU’s Outline and UVA’s Hot Bodies are leading in the polls. BU has the tiniest of leads:

law_revue_poll_results.jpg

The stars that appear in the winning video will receive fame & glory (of course), as well as ATL t-shirts, ATL gavel-shaped stress balls, and a round of drinks with the ATL editorial team (but the Law Revue stars have to come to New York to claim the drinks prize).

Vote after the jump. The clock is ticking.

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michigan law school strikes back.jpgWe just reported on Villanova School of Law running out of summer work-study money. The University of Michigan Law School is not in such dire straits. But Michigan law students still want whatever money they think they have coming to them.

Tempers flared this week over Michigan’s Student Funded Fellowship program. A tipster explains:

It’s a program where 1Ls doing public interest during the summer apply for funding, and judgments are based on the history of their public service, what job they envision doing, and other essays. Typically around 75% of applicants receive funding, but it’s probably down this year since there will definitely be less people at firms.

Apparently one Michigan student didn’t get the fellowship. Chastened by failure, he or she did what any aspiring lawyer would do, and started filing papers.

More details after the jump, including a response from the rejected applicant.

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Morgan Lewis.JPGToday’s evidence that the Biglaw paradigm is crumbling comes from the clients of Morgan Lewis & Bockius. The ABA Journal reports:

Among the sea changes is a reluctance by a number of clients, or even an outright ban, as far having first-year associates work on their matters, says [Morgan Lewis Chairman Francis] Milone in a wide-ranging interview with the Philadelphia Inquirer.

“It’s a trend,” he tells the newspaper. “We literally have some clients who are telling us they do not want us to put brand-new associates on their matters.”

On the one hand, you can take that comment with heavy dose of cynicism. It’s exactly the kind of thing a managing partner would say if he was laying the groundwork for an associate salary cut. For a more full example of how to cut salaries by making associates feel generally useless, check out Womble Carlyle.

After the jump, we see there are even more reasons to be skeptical about chairman Milone’s motives.

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Villanova law school seal.jpgVillanova is more well-known for its basketball team than its law school. But Villanova has a law school — in fact, a tier 1 (or at least top 100) law school.

But sadly, the school is out of summer work-study money. I’ve never heard of that happening to a law school, but here’s the message from the assistant dean for financial aid:

I am sorry to report that we have run out of funds for work-study for this summer and many of you have applications in for these funds but we will not be able to give you an award. If you are a PA resident and applied to a PA employer, you would have already received an award letter so you know that you have these funds. If you are not a PA resident or you are trying to work other than in PA you probably do not have an award letter but that does not mean that funds haven’t been reserved for you – we may be waiting on your contract from your employer before your letter goes out or it may mean that we ran out of funds before your folder was complete. We will let all of you know as soon as possible.

Sorry – I wish the news were better.

Are there other schools that are out of work-study money?

This news is primarily directed at 1Ls, the ones most likely to have applied for some kind of unpaid internship for summer work.

Which begs raises the question: what are 1Ls doing this summer? Are 1Ls working? Are they living in tents and basements across the country? Are they eating ramen and mayonnaise sandwiches?

Or maybe everything is okay?

Send us your 1L stories.

Earlier: Nationwide Pay Freeze Watch: Welcome Brooklyn Law School Faculty

skadden frank scudere above the law.jpgBack in January and in March, we reported on staff attorney layoffs at Skadden Arps. Apparently, there was one staff attorney who had his job (temporarily) saved by the amazing luck of being on the downed plane that made an emergency landing on the Hudson River on January 15.

From MSNBC.com:

In seat 24B as US Airways Flight 1549 fell silently toward the Hudson River, attorney Frank Scudere did not know that his name was on the list of lawyers that his firm planned to lay off the next morning.

Listen up Law School Revuers, this story lends itself to some kind of truly creative take on Lost. We’d suggest the title Laid-off Lawst.

Scudere, 48, went from plane crash survivor to Biglaw laid-off refugee in a period of under three months:

The [morning after the crash], he was in his Times Square office at Skadden, Arps, Slate, Meagher & Flom, one of 2,000 attorneys employed at one of the largest corporate law firms in the world, when whispers went around about layoffs. An attorney he didn’t know called him and asked him to come down to a conference room. Before he went, he told another senior attorney, “Oh, man, this can’t be happening. I was on that plane yesterday.”

At the meeting, he was told he had been on the list to be laid off, but because he had been on the plane, he wouldn’t be let go — at least “not today.”…

On March 26, a little more than two months after the US Airways drama, he was called down to the HR office and informed that his position was eliminated. “I was totally blindsided, because I had been told there would be no more layoffs,” he said.

Skadden may have hoped the delay would help it avoid getting media attention. That hope was in vain. This does not come as a surprise to us. We reported extensively on the elimination of the staff attorney program at Skadden. We just hadn’t realized a “celebrity” was among those for whom the bell tolled.

Scudere has some angry words for Skadden, after the jump.

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