Archive for May 2009

Musical Chairs: Judge Michael McConnell to step down and go to Stanford

By Kashmir Hill

michael mcconnell.jpgStanford Law School just issued a press release announcing that Judge Michael McConnell of the 10th Circuit will be joining the school’s faculty in the fall. McConnell hails from Utah and was on Bush’s Supremes short list in 2005. From the press release:

McConnell will step down from his role on the bench to rejoin the legal academy and direct the Stanford Constitutional Law Center.
McConnell is widely regarded as one of the nation’s top judges and most distinguished constitutional law scholars. He has written broadly on many aspects of the Constitution but is best known for his work on freedom of religion–a critical area of constitutional law that he effectively redefined before ascending the bench. McConnell was appointed to the Denver-based Tenth Circuit in 2002 by President George W. Bush.

This is great news for Stanford, but surprising news from McConnell, who had already lined up his clerks for 2009-2010. McConnell is a highly-regarded judge who is reputed to be great to work for and has been known to feed clerks to SCOTUS in the past. This must come as a big disappointment for the four clerks who had been slated to work with him. David Tighe, the 10th Circuit’s spokesman, says he’s unsure of the would-have-been clerks’ plans. Well, it’s easy to get a job nowadays, right?
In a press release [PDF] from the 10th Circuit, McConnell says:

“The opportunity to serve on the Tenth Circuit has been a great privilege and one of the most rewarding experiences of my life. I will especially miss working with my colleagues on the court, whose friendship, collegiality, and commitment to upholding law and justice are a model and an inspiration. But my first love remains in teaching and scholarship. Especially at this time of grave international and domestic challenges and transformation, I want to contribute more openly to debate, scholarly analysis, and public understanding of the governing principles of the American Republic.”

Unsaid is that a Stanford salary trumps that from the 10th Circuit. And that McConnell’s SCOTUS dreams died along with Obama’s winning the election.
After the jump, we’ve got McConnell’s resignation letter to President Obama.

double red triangle arrows Continue reading “Musical Chairs: Judge Michael McConnell to step down and go to Stanford”

Tragic News From Simpson Thacher

By Kashmir Hill & Elie Mystal

SimpsonThacher.gifLast Thursday, Mark Levy, a Kilpatrick Stockton attorney who had been laid off, tragically committed suicide at the firm’s office. Sadly, we have more disturbing news to report today. Above the Law has learned that a Simpson Thacher associate died two weekends ago in an apparent suicide. We understand that the female associate was recently let go from the firm.
The firm issued this brief statement to Above the Law:

A Simpson Thacher associate has passed away and the family requests privacy.

Associates were informed in one-on-one meetings by partners at the firm last week.
The death took place more than a week before Mark Levy took his own life, so this is clearly not a copy-cat situation. Instead, the news underscores the need for people to seek professional help during these difficult times. If you are feeling depressed, we implore you to avail yourselves of the counseling services offered by your firm, state bar association, or your law school.
After the jump, the National Law Journal reports that more attorneys are doing just that.

double red triangle arrows Continue reading “Tragic News From Simpson Thacher”

Non-Sequiturs: 05.05.09

By Elie Mystal

Lexis logo.JPG* LexisNexis is offering limited but free access to 2009 graduates who are doing a public interest internship. It’s a very nice gesture from the company, and it makes deferred from Biglaw associates even more valuable. [LexisNexis]
* So here’s who knew about Souter’s retirement, in chronological order: Patrick Leahy, Underneath Their Robes/Above the Law, Everybody Else, President Obama. [CQ Politics]
* I don’t know how you go from Swine Flu to tax law, but apparently it is possible. [Oxford University Press Blog]
* Speaking of Swine Flu, I think this cinco de mayo, people should just drink double. [AP]
* One of Above the Law’s sister sites has brought on a new editor. Welcome to the family! [Fashionista]
* Don’t forget, I’ll be in D.C. this weekend, speaking at the ABA Taxation Meeting. I’m speaking very early in the morning, so I expect that the projectile fruit will at least be fresh. [ABA]

New York Law School: 2 Girls 1 Dress

By Elie Mystal

New York Law School logo.JPGMost of the time, when law students flip out, they flip out about their law school. But in this era of law student meltdowns, it was only a matter of time before law students started brawling with each other.
On April 30, New York Law School (not to be confused with NYU School of Law) had a cocktail party for 3Ls to celebrate the end of classes. A tipster explains:

There was supposed to be hors d’oeuvres served with the free alcohol, but there was little food in sight, so the scene was set for overconsumption of alcohol on empty stomachs.

This sounds promising.
You might think that this story devolves into New York Law School students rioting in TriBeCa over the school’s inability to break out of the third tier. But instead, we’ve got a classic green-eyed monster lurking about:

Apparently, one 3L brought a 1L as his date, and this was upsetting to his ex-girlfriend, another 3L. Earlier in the night, the [female] 3L allegedly spilled wine on this 1L. The 1L later on then threw a wine glass at the 3L.

I think we all know where this is heading. Details after the jump.

double red triangle arrows Continue reading “New York Law School: 2 Girls 1 Dress”

Nationwide Layoff Watch: Fenwick & West Lays Off 22 People

By Elie Mystal

Fenwick West logo.JPGDon’t look now, but this is actually shaping up as a pretty bad week for associates who want to hang onto their jobs. Seyfarth cut 50 people late Friday, Milbank let go of 89 yesterday, and we’ve been able to confirm stealth layoffs at Sullivan & Cromwell.
The latest news comes from Fenwick & West. Sources report that the firm has laid off 22 people: 15 associates and 7 staffers.
But a tipster reports that the layoffs might not be confined to the associate and staff ranks:

There have also been a bunch of “farewell” and “goodbye” emails over the last few weeks from “Of counsel” people in the corporate group. So it seems likely that “stealth” layoffs are also occurring among the higher paid, but non-partner, group as well.

We understand that there will be a firm wide meeting tomorrow to discuss the latest news at Fenwick. The firm did not respond to our request for immediate comment.
According to the most recent NALP numbers, the 15 associates let go today represent about 9% of the associates at the firm.
But for the staff, this is the second round of layoffs they’ve seen. In January, Fenwick fired 36 staffers.
Good luck to those let go today from Fenwick. For everybody that still has a job, stay tuned and let’s hope that firms aren’t trying to get a whole slew of cuts in before summer associates show up to the office.
Earlier: Prior ATL coverage of law firm layoffs

Dewey & LeBoeuf: Latest Firm to Offer a Year-Long Deferral to All Associates

By Elie Mystal

Dewey LeBoeuf logo.jpgAssociates at Dewey & LeBoeuf just left a firm wide meeting. Sources report that firm management was very frank with associates about the firm’s financial numbers and future health of the firm.
But the headline news is that Dewey & LeBoeuf has decided to join Skadden (and Shearman & Sterling) in offering a year-long deferral to all of its associates. The program (which is called DL Pursuits) is more similar to Skadden’s Sidebar than the initiative announced by S&S this morning.
Here are the basic facts: one year deferral to do whatever you want, 1/3rd of your D&L salary, full medical benefits, $1,000 in student loan repayment, and bar fees. And if you can get a paying job while you are taking time off from the firm, you still get the 1/3rd salary stipend.
The reasons for the program are made clear in the Dewey’s firm wide memo:

After an encouraging first quarter, the Firm is optimistic about its long-term prospects, despite the challenges that continue to confront the legal community, our clients and the global economy. Nevertheless, the Firm and its peers have seen reduced demand for legal services in recent months and experienced excess capacity for their short-term needs, particularly in the junior classes. To address these issues, the Firm is pleased to introduce a new program, entitled “DL Pursuits,” for its US counsel and associates. With DL Pursuits, attorneys in good standing will have the opportunity to leave the Firm for an extended period to pursue other interests, with the option to return to the Firm at the end of that time.

The demand for junior associates just isn’t there right now. While Pursuits is open to all associates, current first years at Dewey are eligible to take 18 months off, instead of just 12. This first year class is the last class that was recruited the Dewey Ballantine and LeBoeuf Lamb independently, before the merger. Going forward, class sizes should be more tailored to the single entity.
We have some additional details and the full memo after the jump.

double red triangle arrows Continue reading “Dewey & LeBoeuf: Latest Firm to Offer a Year-Long Deferral to All Associates”

Open Thread: 2010 U.S. News Law School Rankings (50 – 75)

By Elie Mystal

US News logo.JPGOur review of the most recent U.S. News law school rankings now moves out of the top 50. Some of these schools have regional significance. Others are second or third choices for students who didn’t do quite as well on the LSAT as they might have liked. But we don’t think any of these schools are “J.D. mills.” To refresh your memory, here is the next batch of rankings:

51. University of Florida (Levin)
52. FSU; Cincinnati; Connecticut
55. ASU (O’Connor); Case Western Reserve; Pepperdine; Kentucky
59. University of Houston; Tennessee-Knoxville
61. Brooklyn Law School; Lewis & Clark College; San Diego; Villanova
65. Baylor; Georgia State; Penn St. (Dickinson); Temple; Kansas; Missouri
71. Loyola (L.A.); Miami; Oklahoma; Pitt
75. LSU; UNLV

There are a lot of good basketball programs here. But are there meaningful distinctions to be made about their law programs?
We get into it after the jump.

double red triangle arrows Continue reading “Open Thread: 2010 U.S. News Law School Rankings (50 – 75)”

  • 05 May 2009 at 12:06 PM
  • LLMs

Can’t find work? Get an LLM.

By Kashmir Hill

diploma degree LLM degree cap diploma Above the Law blog.jpgWe’ve had open threads before about the value of the LLM degree. There’s always a big debate about whether the programs are worthwhile (though tax LLMs almost universally get big thumbs up from readers).
The question keeps coming up though. And now in a different context. If you’ve been laid off, or can’t find a job, is an LLM a good option? Here’s one query we received from a reader:

I am a recently laid off big law associate, who practiced tax. I am considering pursuing my tax LLM this fall. I have been accepted to both NYU and Georgetown. I have struggled over whether I should go back to school and “wait out the market.” Currently, there are few, if any, positions open in my specialty area. It would be very helpful to myself (and I am willing to bet – many others) if you could post an LLM thread.

So folks, here’s your chance to offer advice. If you don’t have a firm paying you $80,000 to go away for a year, should you shell out some cash to add a few more letters to the end of your title?
The reader also asks:

I would also like to specifically hear from commentors, what their view is of Georgetown’s Tax LLM program.

Nothing like a little school brawl in the comments. G-town vs. NYU for the tax LLM. Ding ding ding…
Earlier: The Value of an LLM Degree, Revisited: Open Thread (With a focus on IP.)
The Value of an LLM Degree: Open Thread

  • 05 May 2009 at 11:22 AM
  • Bar Exams

New York State February Bar Results Have Been Emailed

By Elie Mystal

New York Statue of Liberty.jpgThe results will be made public tomorrow, but February bar exam takers were told this morning whether or not they passed.
Passage results are always lower in February, but you have to feel that this year it is even more critical for second time test takers to pass the exam. You know that firms are looking for excuses to let people go.
That said, not passing — even for the second time — is not the end of the world. There are so many year long deferral options out there, it might be possible to take one and reload for the next bar exam.
Keep your heads up. And congratulations to those who passed.
Earlier: New York Bar Exam Results Are Up
Prior ATL coverage of Bar Exams

Shearman & Sterling Offers Voluntary Year-Long Deferral to All Associates

By Elie Mystal

Shearman & Sterling logo.gifShearman & Sterling has decided to mimic the Skadden Sidebar program and offer all of its associates the option to defer for a year. The program is essentially the same set of options that Shearman offered its incoming first year associates a month and a half ago.
The money from Shearman’s “External Development Program” is not as good as what Skadden offered:

Participants in the External Development Program will receive a stipend of $65,000. Associates participating in the program will not be employees of the firm during the program year, but the firm will pay for medical benefits during the program year.

That works for junior associates. But Skadden offered all associates one third of their salary, making the option more viable for mid-level and senior associates.
Shearman’s health care benefits are a nice touch (Skadden made COBRA contributions). But one of the nice perks from Skadden’s program was overlooked in the mainstream media gushing over “$80,000 to do nothing!” Skadden also offered $1,000 a month for student loan repayment. Shearman does not.
Some additional details and the full memo, after the jump.

double red triangle arrows Continue reading “Shearman & Sterling Offers Voluntary Year-Long Deferral to All Associates”

Bull Market Growth in Bear Market Times? That’s McKool Smith. And They’re Hiring!

By Above the Law

McKool_Logo_long.jpg

As the old saying goes, any firm can grow in bull market times — but it’s the gifted who grow in a bear market. Finally — with news of layoffs and delayed start dates seemingly at every turn — some good news. And that’s McKool Smith’s office in New York City. The trial firm started in Dallas as a commercial litigation boutique and, in recent years, has become even better known as one of the most successful IP litigation shops in America. And, over the past year, McKool Smith has quietly and smartly been growing in the toughest of local markets: New York City. Having exceeded even its own expectations, McKool Smith announced today that they are seeking additional top-flight commercial litigation, white collar, and IP associates.

“We are a go-get-’em kind of law firm – in the courtroom and in our lawyer recruitment,” said McKool Smith’s co-founder Mike McKool. “And we have sharpened our focus to take on Manhattan and compete at the highest level there.” Bob Cote, who heads the New York office, said that the firm’s entrepreneurial, nimble and trial-ready spirit has attracted both the brightest laterals from top national firms for its New York office, and cutting-edge new matters from high-profile new clients. That is not surprising — McKool Smith had four of the National Law Journal’s 100 top jury verdicts in 2008 — more than any other firm in the country. In seeking new associates for their New York office, commercial litigation and hiring principal Gayle Rosenstein Klein said that they are looking for people who are “smart, driven, creative, and, above all else, client-focused. Delivering our clients substance and service is a key to our success.” Qualified candidates should have excellent academic credentials from a top-tier law school and be licensed to practice law in New York. Resumes, transcripts and a writing sample should be sent to nyrecruiting@mckoolsmith.com.

With other offices in Dallas, Austin, Marshall, TX, and Washington, D.C. McKool Smith is a firm of over 100 trial lawyers focused on commercial, white collar, and intellectual property litigation. Unsolicited resumes from headhunters and search firms are not accepted and will not be acknowledged

Morning Docket 5.05.09

By Eliza Gray

other bike.jpg* The bankruptcy judge has made several decisions to keep Chrysler afloat including allowing a $4.5 billion credit line from the U.S. and Canadian governments. [The Detroit Free Press]
* State attorneys general will meet with Craiglist to discuss the elimination of advertisements for “illegal sexual activities.” [The Associated Press]
* In the Court’s first public appearance since Souter announced his retirement–there were many announcements of decisions and upcoming cases–but no mention of the elephant in the room. One case that will be decided is whether it is cruel and unusual punishment to give minors life sentences for serious crimes like rape. [The Washington Post]
* A group of biker lawyers has gotten together to form a small Los Angeles firm that represents victims of motorcycle accidents. [The Los Angeles Times]
* The story of a Beijing lawyer who took on Communist officials in court is evidence of how little freedom Chinese citizens really have. [The Los Angeles Times]

Nationwide Start Date Watch: MoFo Comes Up With an Interesting Package

By Elie Mystal

Morrison Foerster logo.jpgAt the beginning of April, incoming first years started worrying about the fact that Morrison & Foerster hadn’t announced start dates. At the time, the firm said that they would let people know by May 11th. We counseled:

Just because the firm is waiting until May, it doesn’t mean you have to. Try to secure a public interest job now and you’ll be protected if MoFo decides to defer your start date for a year.

If you took our advice, you’ll be very happy now. MoFo is delaying start dates. The firm will be paying a $5,000/month stipend to people who have been delayed until April 2010, as well as up to $500/month for health care costs.

But, there is also a special bonus available for people who want to defer for more than a year and are able to secure a public service internship:

You have the option of deferring your start date to January 4, 2011, subject to acceleration to a mutually agreeable earlier date as need arises. Your stipend would continue until you join the firm, which would be no later than January 4, 2011. Those who defer their start date and who work full time without compensation at least 10 months during that period for an approved 501(c)(3) non-profit will receive an additional $15,000 when they join the firm.

The stipend only starts in November of 2009. If you take full advantage of the package and the bonus, you’ll gross $85,000 from MoFo between November 2009 and January 2011. That’s not bad.

The full year (plus) deferral is optional, and the firm is still accepting some incoming associates in November 2009. Just not all of them. We understand that about 40 people are required to start in April 2010 or later.

But, if a person already looked for and received a public interest job, holding off until January 2011 seems like the better bet.

Just make a decision quickly. Even though the firm took its time in making this announcement, MoFo still wants an answer from incoming associates in a week. The 40 people have until May 11th to decide which start date they want.

Hopefully, MoFo’s delayed decision about its deferral program didn’t catch people by surprise.

Read the full memo after the jump.

double red triangle arrows Continue reading “Nationwide Start Date Watch: MoFo Comes Up With an Interesting Package”

Non-Sequiturs: 05.04.09

By Elie Mystal

Souter Obama Supreme.jpg* Was Justice Souter nothing more than a basically competent accident of history? [The Volokh Conspiracy]
* Wait a minute, ideological coherence is now a bad thing for a person appointed for life? [NPR]
* Here’s an entertaining interview with Elena Kagan. [Law.com]
* A Democrat that is definitively not soft on crime. Not that there’s anything wrong with that. [Law Dork 2.0]
* This month in layoffs was … better :). [Law Shucks]
* Today is the 90th Anniversary of China’s May Fourth Movement. Tomorrow is Cinco de mayo. May 10th is my birthday (and mother’s day, so I’ve been told). It’s going to be a great week.
[China Law Blog via Blawg Review]

Nationwide Layoff Watch: 89 Down at Milbank

By Elie Mystal

milbank logo.jpgBack in January, we asked if Milbank was laying the ground for stealth layoffs. The firm changed its annual review process, and associates were concerned. At the time a firm spokesperson suggested there was nothing to worry about:

We did an overhaul of our evaluation system in late 2007 to early 2008 that was part of a broader firm excellence initiative. The new review process was designed to encourage excellence and provide more meaningful feedback, forward-looking career guidance and greater focus to the professional development of our associates.

Today, associates received some very “meaningful feedback,” as 49 of them were let go.
The firm also laid off 40 staffers as part of today’s cuts.
We understand that while all departments were affected, general corporate was the hardest hit.
Milbank spokespeople did not respond to an immediate request for comment, so we don’t know if these layoffs will be called economic or performance based. But we also understand that there is a full memo going around explaining all of the moves, we’ll post it when we get it.
Good luck to the 89 Milbank people let go today.
Update (5:08): A tipster reports this additional information:

No first years were affected. All were told that it was NOT performance based, but due to the lack of work. They were very civil about it. Last day of work is Friday (conveniently, the day before the summer associates start on Monday). Severance is 3 months, plus accrued vacation.

Earlier: Is Milbank Setting Up For Stealth Layoffs? Not According to Milbank

Schulte Salary Cuts are In the System

By Elie Mystal

Salary Cuts.jpgAccording to the just released AmLaw 100 numbers, Schulte Roth & Zabel ranks 10th in terms of profits per partner. The average take home for partners was $2,290,000 in 2008.
But that might not stop Schulte from cutting associate salaries.
There hasn’t been any official announcement. But according to multiple sources now, the memo is in the system. According to one of our sources:

If you search on the document system, there is a memo in there. It’s titled “Associate Salary Reduction” or something. … I haven’t clicked on it, but it seems self-explanatory.

Another tipster explained to us that nobody has clicked on the actual document. Schulte can see who opens which documents on the firm system, and nobody wants the firm to know that they looked at the internal memo.
More details after the jump.

double red triangle arrows Continue reading “Schulte Salary Cuts are In the System”

Judge of the Day: Myron T. Steele

By Kashmir Hill

myron steele racy video above the law.jpgLooks like Delaware Supreme Court Chief Justice Myron Steele has pulled a Kozinski. The (Delaware) News Journal reports that Steele sent out a racy video from his court e-mail account to “38 men,” who Steele said were former clerks, lawyers, another Delaware judge and a Delaware businessman.
Of the 38 men, the journalist found only one who would go on the record with her and defend the justice. “It is a years-old television commercial for a defunct European Web site,” Wilmington lawyer Mike Kelly said. From the News Journal:

The e-mailed video obtained by The News Journal, called “Wine-Opener,” depicts a professional-looking young woman in a bar competing with a glamorous blonde for the attention of a man by simulating oral sex with a wine bottle. Steele, who received the e-mail from a man, forwarded it with the message: “Write your own caption for this one.”

ATL “obtained” the video too. By going to YouTube and searching “Wine Opener.” Check it out, after the jump.

double red triangle arrows Continue reading “Judge of the Day: Myron T. Steele”

Stealth Layoff Watch: Sullivan & Cromwell Has A Very Special Spring Bonus

By Elie Mystal

Sullivan Cromwell LLP new logo Sullcrom.jpgThe news has been brewing for weeks, but Above the Law is now in a position to confirm that there have been layoffs at Sullivan & Cromwell.
Multiple independent sources report that the firm has quietly laid off 15 – 20 associates. The departments vary, but the layoffs have been focused in the New York office.
All of the sources we spoke were told that they were being laid off for performance reasons. But Above the Law has learned that a couple of first years have been laid off as well. It’s hard to make a performance argument against an attorney that has been around for less than a year.
The firm did not respond to our multiple requests for comment.
Why is this information coming out now? We have some additional details after the jump.

double red triangle arrows Continue reading “Stealth Layoff Watch: Sullivan & Cromwell Has A Very Special Spring Bonus”

Adventures in Lawyer Advertising: ‘The Dopest Attorney’

By Kashmir Hill

Allison Margolin, whom we have written about before, is an HLS grad who practices law in Los Angeles. According to her website, she “handles all criminal cases from murder to medical marijuana.” But the latter would appear to be her passion, judging from how she wishes to be reached:

  • You can call her at 1-888-DOPE-LAW.
  • You can check out her website at www.LAsDopestAttorney.com. If you visit it, you will be greeted by the banner, “Have No Fear. LA’s Dopest Attorney is Here.”
  • You can e-mail her at ask@lasdopestattorney.com.
    When we were in L.A. in March, we spotted her ad in L.A. City Beat (a newspaper that has since folded). A tipster did us the favor of scanning it and sending it our way:
    LA's Dopest Attorney.jpg
    Her branding skills are dope, yo.
    We don’t know if Margolin was on law review during her days at Harvard Law School, but we do know she recently penned a legal editorial for stoners. Check out her argument against the prosecution of medipot growers in CelebStoner.
    U.S. Must Stop Prosecuting Medipot Growers [Celebstoner]
    Earlier: Allison Margolin: ‘Lawyer Hot’

    ‘Employed at Graduation’ Statistic Needs Some Work

    By Elie Mystal

    US News logo.JPGPeople who care about the U.S. News law school rankings are starting to worry about how U.S. News handles its “employed on graduation” statistic. On Friday, the issue boiled over at Wake Forest School of Law.
    Today, Paul Caron of TaxProf Blog asks if some schools actually hurt their rankings, simply by being honest:

    Several readers noted the curious fact that 64 law schools did not supply U.S. News with the percentage of its Class of 2007 that was employed at graduation; this component counts 4% in the methodology used in the 2010 Law School Rankings….
    A more interesting question is why 24 law schools reported employed at graduation numbers more than 30% lower than their employed at nine months number:

    TaxProf provides more details after the jump.

    double red triangle arrows Continue reading “‘Employed at Graduation’ Statistic Needs Some Work”