Archive for July 2009

Ruth Bader Ginsburg cancer surgery.jpgThe Nine are all divine — but not all Supreme Court justices are created equal. Some are smarter than others. If you quiz former Supreme Court clerks, as we have, you’ll find that the Elect have strong opinions about who the smartest and most capable members of the Court are. (Depressingly enough, even after you became a justice of the United States Supreme Court, people will still rank you by your smarts.)
Liberal and conservative clerks alike generally cite Justice Ruth Bader Ginsburg as one of the sharpest and most self-sufficient — i.e., least clerk-dependent and clerk-driven — of the current justices. So some may be surprised by these tidbits, from RBG’s fascinating interview with Emily Bazelon (herself a descendant of Article III aristocracy, the granddaughter of David Bazelon, former chief judge of the Most Holy D.C. Circuit)

What do you think about Judge Sotomayor’s frank remarks that she is a product of affirmative action?

JUSTICE GINSBURG: So am I. I was the first tenured woman at Columbia. That was 1972, every law school was looking for its woman. Why? Because Stan Pottinger, who was then head of the office for civil rights of the Department of Health, Education and Welfare, was enforcing the Nixon government contract program. Every university had a contract, and Stan Pottinger would go around and ask, How are you doing on your affirmative-action plan? William McGill, who was then the president of Columbia, was asked by a reporter: How is Columbia doing with its affirmative action? He said, It’s no mistake that the two most recent appointments to the law school are a woman and an African-American man.

And was that you?

JUSTICE GINSBURG: I was the woman. I never would have gotten that invitation from Columbia without the push from the Nixon administration. I understand that there is a thought that people will point to the affirmative-action baby and say she couldn’t have made it if she were judged solely on the merits. But when I got to Columbia I was well regarded by my colleagues even though they certainly disagreed with many of the positions that I was taking. They backed me up: If that’s what I thought, I should be able to speak my mind.

Of course, the case for affirmative action back then, over 30 years ago, may have been stronger than it is today.
More discussion, plus the chance for you to sound off in the comments, after the jump.

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The backbone of our successful career change programs is our methodology, which is are based on twelve principles and practices. Each week I will focus on one principal in the same order that our clients do. To begin, I will talk about something we all need more of in these times of turbulence–Courage. This first principle is the foundation of the journey of finding one’s purpose in life.
As someone who has studied leadership and organizational change, vision was something that leaders were encouraged to have and communicate to their employees. However in this new, flatter economy everyone has the opportunity to be a visionary if they are willing to have the courage to believe in themselves and their best future, without relying on others telling them where they are going.
One of the definitions of courage is the state or quality of mind that enables one to face danger, fear, or vicissitudes with self-possession, confidence, and resolution. I like this definition because it does not say that courage is the absence of fear but that it exists in the face of it.
How to practice being more courageous in your own life and career is a very individual process. For some, starting a business after years in the corporate world is an act of courage, while for others who stay in the corporate world, it might involve being more vocal about how things are done so they do not compromise their values.
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Morning Docket 07.09.09

superman.jpg* It’s a bird. It’s a plane. No, it’s fair-market value. [Los Angeles Times]
* The continuing legal drama of D.C. Council Member Marion “Bad Boy” Barry. [Washington Post]
* Take me out to the ballgame… but leave the gun at home? [True/Slant]
* GM is exiting bankruptcy, but still carrying $48 billion in debt in its trunk. [Bloomberg]
* Is this the end of bankruptcy as we know it? [American Lawyer]

Here’s a blast email that went out last night to journalists who regularly receive updates from the U.S. Department of Justice. This particular press release was issued by the U.S. Attorney’s Office for the Northern District of Indiana.
Pay special attention to the subject line.
DOJ press release screwup.jpg
Fifteen minutes later, a corrected version went out. It was identical to the original version, except for a new subject line: “CORRECTED: FEDERAL GRAND JURY RETURNS INDICTMENT ON INTERNET BOMB THREATS.”
If you’d like to read the full press release, notwithstanding its manifest suckiness, we’ve posted it after the jump.

double red triangle arrows Continue reading “Someone at the Justice Department Has a Sense of Humor”

Non-Sequiturs: 07.08.09

gay marriage skadden.jpg* The Mass. A.G. is challenging the constitutionality of the Defense of Marriage Act. Memo to Obama/Holder: If you don’t have anything nice to say, this would be a good opportunity to STFU. [Law Dork 2.0]
* Would you rather blog or golf? The answer entirely depends on how much you need the money. Though, depending on your golf partners, golfing could be just as lucrative as blogging. [Drug and Device Law]
* Should cops be bawdy when testifying in court? Probably not. But how many euphemisms do you think your local patrolman knows for “public urination”? [Underdog]
* More attorney cuts in the U.K. I wonder if another Lend-Lease program would help get America out of the recession? [Am Law Daily]
* Some commenters think Shelly Sindland should have bought a new set of boobs to compete on Big Boobs Fridays. But would an advanced course in HTML have done the trick? [Law and More]
* How far can the NFL go with the Waterboy special, “Michael Vick is the devil” thing? [Social Science Research Network]

It’s hard to overstate the love between Hunton & Williams and UVA Law School. The firm sponsors a number of pro-bono fellowships at UVA Law, they come together to offer pro-bono services in the Charlottesville community, and there’s even a UVA Law building — or at least a sizable part of one — named after Hunton & Williams:
Hunton Williams Hall UVA Law.JPG
The firm and the law school go together like peas and carrots.
So you can imagine our surprise to learn that Hunton & Williams doesn’t seem to be on the UVA Law “on-grounds interviewing” (OGI) list.
Tipsters explain, after the jump.

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timothy ellender.jpgJudge Timothy Ellender may be a Louisianian but he lacks a certain sense of Southern charm or diplomacy. A few years back, he got in trouble for wearing blackface and a jail jumpsuit to a Halloween party. That earned the racially-insensitive judge a six-month suspension.
It turns out the judge is also insensitive when it comes to domestic abuse issues. From WWLTV:

A Terrebonne Parish judge has been suspended for 30 days and fined $185 for violating the code of judicial conduct with inappropriate comments during a 2007 hearing on a domestic abuse case.
In transcripts from a 2007 hearing Judge Timothy Ellender, of the 32nd Judicial District Court for the Parish of Terrebonne, seemed to grow impatient with the complainant’s attempt to secure a restraining order instead of divorcing her husband.

This Cajun knocked fast food and praised knocking a child around while presiding over Eula Smith Warren’s request for a TRO. The transcript from the Louisiana Supreme Court Recommendation for Discipline [pdf] via Courthouse News Service:

THE COURT: All right. It says: “On Sunday, February 11th, we were in Subway eating.” Can’t you find a better place to eat than that? “Before we went to the parade. My daughter, Sabrina, two, was acting up in the store and didn’t want to sit down to eat. He told Sabrina if she didn’t stop he was going to bring her to the bathroom and it was
going to be a bloody mess.” True?
MR. WARREN: No, sir. I told her that I was going to take her in the bathroom and whip her booty and make her booty bleed.
THE COURT: That’s good. Good for you.

More examples of Ellender’s “exhibiting improper temperament and demeanor and failing to act with patience, dignity, and courtesy,” after the jump.

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Shelly Sindland Fox 61.JPGThere is an interesting employment discrimination complaint coming out of Connecticut today. A local news anchor claims that she was discriminated against due to her age and gender by Fox 61 (which is owned by the Tribune Company).
The forty-year-old Shelly Sindland (pictured) claims that she was the most senior reporter at the local news channel. But she claims that prestigious assignments and promotional considerations were given to younger women. Sindland also alleges that the Fox 61 working environment was less than ideal.
When reached for comment by the Connecticut Employment Law Blog, Sindland’s attorney had this to say about her client’s situation:

As her complaint affidavit alleges, Fox 61 actively encourages younger women to ‘be sexy,’ and favors younger women and men of all ages over older, more experienced female on-air news professionals. It is always a difficult decision for someone who is still employed to file a complaint against their employer, particularly in this industry. The issues in the complaint have been raised by Shelly and others internally without any corrective action, however, and as a result, Shelly felt it was appropriate at this point to file a formal complaint with the Commission.

How inappropriate was the behavior at Fox 61? Sindland’s complaint alleges the following:

* On or about January 30, 2009, during a meeting with reporters and anchors, on information and belief, Rockstroh stated that the Friday newscasts looked like “Big Boob Fridays,” and that as a result of at least one female reporter wearing a tighter shirts on Fridays, the station’s ratings did well on Fridays. On information and belief, Graziano was present and stated “hey, whatever works.”
* On or about February 25, 2009 the respondent held a photo shoot for several of its news anchors to be used in promotional pieces. During this shoot, on information and belief, the female anchors were told to be more “sexy.” On information and belief, male anchors were not instructed to be sexy.

This complaint is definitely “hot.” After the jump we have more excerpts from the complaint, and of course, pictures.

double red triangle arrows Continue reading “Lawsuit of the Day: ‘Big Boob Friday’ Is A Problem? Who Knew?”

Marc Dreier small Mark Dreier Marc Drier Marc S Dreier LLP.jpgThe federal government seems to think so, based on the sentence they’re seeking. We’re kind of proud that one of our own, a lawyer, can rank up there with one of the greatest swindlers of all time.
And what does Marc Dreier think he deserves? No more than 12 1/2 years, according to his sentencing memo. More details, including excerpts from Dreier’s seemingly heartfelt letter to Judge Rakoff, over at the WSJ Law Blog.
U.S. Seeks 145-Year Sentence for Lawyer in Fraud Case [City Room]
Sentencing Looming, Dreier Asks For No More than 12 1/2 Years [WSJ Law Blog]

Panic button.JPGEarlier today, we told you that some DLA Piper incoming first years were worried about their standing with the firm. We’re now going to clear some runway space for that worry to take off into a full panic.
Sources report that DLA Piper has laid off 120 people today. DLA would not confirm our reports, but we have multiple independent sources telling us that 20 lawyers and 100 staffers are being let go today.
Update (1:11 PM): The firm is now confirming that DLA laid off 121 people: 21 lawyers and 100 staff. Read the full statement after the jump.
No word on severance, but we also understand that New York and Chicago will be the offices that are hardest hit by today’s news.
Some instant DLA history, and an update from the firm, after the jump.

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Notes from the Breadline Roxana St Thomas.jpgEd. note: Welcome to the latest installment of “Notes from the Breadline,” a column by a laid-off lawyer in New York. Prior columns are collected here. You can reach Roxana St. Thomas by email (at roxanastthomas@gmail.com), follow her on Twitter, or find her on Facebook.
At the Big Law Firm where we used to work, my friend Giovanna was the kind of associate that every partner dreams of. She spent nights and weekends at the office. She took on the most tedious tasks without complaining. She did the work of three people. She was conscientious. Sometimes, the partner for whom she worked would call her late at night, at home, with a frantic last-minute request for something that probably could have been done earlier in the day; Giovanna would turn around and go back to work to get it done.
Giovanna survived working for this partner for four years, but she did not survive the round of layoffs that eventually trimmed the herd at the Big Law Firm. In the months before she was “let go,” she had been certain that the figurative guillotine was poised above her waiting head. So, when she was summoned to the managing partner’s office to hear her fate, she said later, she was shocked, but not particularly surprised. She cried when she got the news, but then she gave them a piece of her mind and cleaned out her desk. A few days later, she left without looking back.
For the first few weeks, Giovanna and commiserated about life in the breadline. “I’ll never find a job!” she wailed, and threatened to cash in her 401(k). “Don’t do it,” I told her repeatedly, picturing her out on a ledge, cell phone in hand, ready to take a financially unwise leap.
“This is infuriating,” she said at one point. “No matter how many times I explain that more than 6000 people were laid off from firms, I swear people still look at me and think, ‘You suck, and that’s why you were let go.’ But AT&T lays off 50 people and it makes the CNN scroll and everyone empathizes.” I complained that Cliff didn’t understand that lawyers had emerged as the lepers of the new job market. She complained that her boyfriend, Tony, kept telling her to get a job at the local diner.
But Giovanna is one of the lucky ones. After a few weeks of unemployment, which we spend planning our eventual relocation to the shantytown which, she insists, is bound to spring up in Central Park, a former colleague passes her resume along to a friend of a friend and … before we know it, she has a new job.
Read about Giovanna’s new gig, after the jump.

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DLA Piper logo.jpgIncoming DLA Piper associates have to feel a little queasy about the state of the firm. DLA has already laid off 180 U.S. employees (and 140 people in the U.K.). And the firm has pushed back start dates to January 2010 for some associates, while encouraging incoming first year associates to use its Public Interest Fellowship and defer until January 2011.
And the firm is moving away from a lockstep system, at some point.
We previously mentioned that DLA wanted people to seriously consider taking the full year deferral. A couple of weeks ago, the National Law Journal reported that half of DLA’s incoming first years have taken the opportunity.
But the option is still voluntary, right? A couple of our sources seem to have received mixed messages from the firm.
After the jump, DLA and our tipsters try to get on the same page.

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DavisPolk Davis Polk Wardwell new logo DPW.jpgBack in March, we reported on stealth layoffs at Davis Polk & Wardwell. Stealth layoffs are usually seen as an effort to maintain high attorney utilization rates — and high partner profits. But at genteel, WASPy DPW, long known for its passive-aggressive kinder and gentler firm culture, profits come second to pulchritude.

Everything is beautiful at 450 Lexington — the offices, the stationery, and yes, the attorneys. DPW has long been known for hiring based on beauty as well as brains. So we suspect that their recent stealth layoffs were just an “office beautification” project: lay off the less attractive associates, to increase the average hotness of the remaining lawyers. (Lord only knows what the denizens of the recently closed Frankfurt office looked like.)

A few years ago, we wrote about Davis Polk’s reputation for hiring aesthetically appealing attorneys in the New York Observer:

Bar Belles: According to Rob, a 2L at NYU, one firm that’s in demand this season is Davis Polk & Wardwell. Why? “I’ve heard they have good-looking associates.”

Some things never change. When I interviewed a decade ago, Davis was already known as a bastion of beauty on aesthetically challenged Lexington Avenue. It was the firm of choice for the prom queen and king of my law school class — the editor in chief of the law journal, a luminous doll-like beauty with a vast family fortune, and her Abercrombie-handsome future husband. They were joined at Davis by enough comely Asian females to cast Memoirs of a Geisha.

And hotness matters more at Davis Polk these days, now that their redesigned website features attorney photos (for some, but not all, of the lawyers — perhaps it was an “opt in” regime?). From an observant tipster:

Have you noticed that Davis Polk’s new website has pictures of attorneys? Weren’t they once afraid of stalkers? Glad they’ve gotten over that. Or perhaps their associate corps is simply uglier now.

We think not. If you visit the Davis Polk — er, DavisPolk — website, and surf through the attorney profiles, you’ll still find hotties to spare.

Evidence of hotness, plus additional analysis, after the jump.

double red triangle arrows Continue reading “Davis Polk’s Website Makeover: Now With 100 Percent Way More Hotties!”

Morning Docket 07.08.09

Gonzales.jpg* Former Attorney General Alberto Gonzales finally found a job! He’s going to terrorize the students at Texas Tech. [Houston Chronicle]
* Dewey & LeBoeuf snags three top tech lawyers from Cooley Godward. The three dealmakers wanted to make a splash with their switch, giving the Times DealBook juicy quotes like, “[W]e’re M.&A. lawyers, and we know how to do due diligence. And we believe Dewey offered a great opportunity.” [New York Times]
* The cold, dead hand of Heller Ehrman may rise from the grave to serve papers to Covington & Burling. [The Recorder]
* Lindsay Lohan’s fake tanning spray may not be an original creation. [Courthouse News Service]
* The lawsuits are crashing in after last month’s D.C. Metro accident. [DCist]
* Sarah Palin’s personal lawyer, Thomas Van Flein, responds! [WSJ Washington Wire]

UConn Law Logo.JPGWho hasn’t “killed off a grandparent” in order to obtain an extension on a paper? I had a friend who went through six grandmothers in four years of college.
But one University of Connecticut law student is not joking around. As we understand it, an editor of the Connecticut Law Review received an email this morning from a rising 2L who is trying to write on to law review. The submission is due tomorrow, but the 2L is seeking an extension because of troubles back on the home front. The 2L pointed the law review editor to this article in the Hartford Courant, which allegedly concerns the 2L’s parents (one of them a local lawyer):

Police continue to negotiate with an armed man who they believe is holding his estranged wife hostage and who claimed that his house is wired with explosives.

We hope the 2L received that extension — and that everything turns out okay.
For students who do not have crazy situations like parental terrorism taking place at home, I imagine your requests for extensions are weak.
Update (9:15 PM): According to the Hartford Courant, the hostage has been safely released.
Update (11 PM): Not surprisingly, the 2L received the requested extension. All’s well that ends well.
Hostage Drama Unfolding In South Windsor [Hartford Courant]
Hostage Situation May Involve Hartford Lawyer [Connecticut Law Tribune]

Non-Sequiturs: 07.07.09

Crushing Debt Obligations.jpg* Student loans could be paid based on discretionary income, instead of fixed rates. Or, you know, laid off or jobless students could just not pay them at all :). [The Stimulist]
* What do the Vatican and Villanova have in common? Well, they both need better press operations. [Law and More]
* Look, I love Michael Jackson too. But, you know — not to speak ill of the dead or anything — but ENOUGH ALREADY. It’s starting to sound like the day the music died. [Foreign Policy]
* I always thought that Josh Lyman would be the best person to give slick answers during pre-trial discovery. [What About Clients?]
* In a way, you can separate out old Generation X-ers from young Generation X-ers based on whether they first heard of Huey Lewis and the News from Miami Vice or Back to the Future. Personally, I am a Back to the Future Gen X-er. And no, I don’t expect the Millennials to even know what this week’s Blawg Review is referring to. [Statements of Interest via Blawg Review]

one million dollar lawsuit.jpgWhen Dustin Kolodziej was a student at the South Texas College of Law, he decided to take law school lessons outside of the classroom. While classmates were poring over contract law outlines, Kolodziej was watching Dateline and taking on million dollar challenges. Well, at least one such challenge — and now the recent graduate has filed a lawsuit alleging that a true offer was made and fulfilled.

In December 2006, Dateline reported on the execution-style murders of four people at a Florida business. Nelson Serrano, a wealthy businessman, was convicted of the deaths and is now on death row. During the course of the report, Dateline interviewed Serrano’s defense attorney, James Cheney Mason (who is most famous for representing diaper-wearing NASA astronaut, Lisa Nowak).

The murders happened in Central Florida. Serrano was in Georgia that day, and seen on surveillance cameras at an Atlanta La Quinta Inn shortly after the murders took place. In reconstructing the prosecution’s timeline for the day, Mason claimed there was only a 28-minute period during which Serrano could have gotten from the Atlanta Airport to his hotel. From an MSNBC transcript:

Mason: I challenge anybody to show me, I’ll pay them a million dollars if they can do it.
Murphy: If they can do it in the time alloted?
Mason: 28 minutes. Can’t happen. Didn’t happen.

Well, Kolodziej decided it could happen.

double red triangle arrows Continue reading “Lawsuit of the Day: Can I Take Back That One Million Dollar Challenge?”

Curious George at Baker Botts.JPGWhen you are a kid, curiosity is a positive thing. Even as adults, we expect effective people to exhibit at least a modicum of intellectual curiosity.
But you shouldn’t confuse your legal employer for the man in the yellow hat. Not unless you want this to happen to you. A few weeks ago, a summer associate at Baker Botts learned an important lesson about curiosity and its proper place in law firm life.
Multiple tipsters report that a summer associate in one of Baker Botts’s Texas offices was dismissed after he logged onto the firm document system to get a sneak peak at the summer associate reviews that were being prepared for his class. He also allegedly poked around the full-time associate reviews that were available in the system. Our sources report that he was let go for these transgressions.
None of these documents were password protected.
After the jump, our tipsters ask why the summer was fired when the firm made no efforts to keep these associate and summer associate reviews secured.

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Cadwalader Wickersham Taft new logo CWT AboveTheLaw blog.jpgLast week, Dan Slater, formerly of the WSJ Law Blog, wrote a piece for Dealbook entitled In Praise of Law Firm Layoffs. His poster child for laudatory layoffs? One of the first firms to make significant cuts to its ranks, Cadwalader, Wickersham & Taft.
It seems that Cadwalader really likes layoffs. As you can see from our collected coverage, CWT has laid off over 150 lawyers since January 2008 — and today the firm announced further cuts. To its credit, Cadwalader has been open and transparent about its reductions in force; it hasn’t taken the “stealth layoff” approach.
But the firm is not above trying to put a little spin on today’s layoffs. In response to our inquiries, a CWT spokesperson issued this statement:

The debt markets, particularly the real estate debt markets, remain very slow. As a result, Cadwalader’s Capital Markets and Real Estate Finance groups do not have enough challenging work for all the lawyers, particularly the young lawyers, in these groups. Unfortunately, two years into this financial crisis, there are no near term solutions for the problems which vex these markets.

In order to address this situation, Cadwalader has asked 34 lawyers to accept a one year, unrestricted sabbatical. During the sabbatical, participating lawyers will receive one-third of their current compensation and medical benefits. In addition, a committee comprised of partners and senior administrators will work diligently to place these lawyers with clients, prospective clients, and not-for-profit organizations.

What happens to lawyers who decline the “sabbatical”? Will the lawyers on sabbatical be able to return to the firm after the year is over? One of our Cadwalader sources described this as a round of layoffs with four months of severance (i.e., “one-third of their current compensation”).
Update: This really is a round of layoffs, not an offer of “sabbaticals.” We’ve received some clarification from affected associates, which we provide after the jump.
Additional details, including a tie-in to the strip club story, after the jump.

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US News logo.JPGIf you enjoyed making crucial decisions on where to receive your undergraduate and post graduate education based on a list in a magazine, you are going to love what is coming next. The WSJ Law Blog reports that U.S. News & World Report will be getting into the business of ranking law firms.

US News & World Report, in connection with the folks who bring you the Best Lawyers survey, have announced that they’ll soon be, yes, ranking the best law firms….
We checked in with a spokesperson at Best Lawyers, who told us that it’s actually going to be two surveys — the best law firms and the best law firms to work for. The best law firms survey, at least, will be based partly on a survey sent to lawyers, general counsel and others, and partly on hard data. They’re still apparently working on nailing down the criteria they plan to use.

Will these new rankings be useful? Will they provide critical information to law school graduates trying to make the best choice about where to start their career? Who cares!
My milk shake brings all the boys to the yard,
and they’re like, its better than yours,
damn right its better than yours.

More details on how U.S. News intends to make sure lawyers carry a huge chips on their shoulders for all their livelong days, after the jump.

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