Archive for October 2009

judge herman_thomas.jpgRemember Judge Herman Thomas? He’s the former Alabama state court judge who was accused of spanking male prisoners, trading favorable treatment for sexual favors, and improperly interfering on behalf of a cousin in legal trouble.
Judge Thomas challenged the charges at trial, and this afternoon the jury returned its verdict. From the Mobile Press-Register:

Herman Thomas has been found not guilty on charges of sex abuse, sodomy and assault. The jury initially returned seven not guilty verdicts on five sex abuse charges, one sodomy charge and one assault charge and reported they were deadlocked on the remaining counts. Judge Claud Neilson dismissed those deadlocked charges against the former Mobile County Circuit Court judge.

Now that’s what we call a “happy ending.”
Herman Thomas acquitted on all charges [Mobile Press-Register]
Alabama Spanking Judge Cleared of All Charges [Blogonaut]
Earlier: Prior coverage of Judge Herman Thomas

New York University Law School NYU Law School Above the Law.JPGThe competition between NYU Law and Columbia Law is always fierce — even when it is a race to the penny-pinching bottom. Two weeks ago, we told you that Columbia is now charging students for plastic forks (though chopsticks remain free).
Not to be outdone, a disgruntled NYU Law tipster reports:

So I’m in my last year at NYU Law and just had a fairly shocking experience…. I went to the lounge to get a cup for water from the water fountain. I grabbed a cup and walked away, and the cashier yelled at me. I thought she thought I was stealing a cup of coffee, so I told her I just wanted water. She said “that’s 25 cents.” I said “no, I just want water.” She said “I know,that’ll be 25 cents. We have to pay for those cups.” The worst part? It was a cup from Starbucks with the “we proudly serve Starbucks coffee” logo on the side.

Indignation from our tipster, plus a clarification about Columbia cutlery, after the jump.

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Miami law school logo.JPGPlenty of law schools talk about producing attorneys who are able to serve their community. But a new program at the University of Miami School of Law actually puts a little bit of money behind the commitment to public service.
Time magazine featured the school’s new Foreclosure Defense Fellowship this weekend (gavel bang: ABA Journal). The article highlights Miami’s attempts to get recent graduates into the business of serving one of the constituencies that actually needs more attorneys.

Unlike similar legal fields such as bankruptcy, foreclosure is rarely a full-time practice and is often handled by real estate attorneys or legal aid services agencies. Still, more than 3 million property foreclosures were filed in the U.S. last year; South Florida is expected to see more than 150,000 this year compared to fewer than 25,000 three years ago. And while mortgage modifications had been on the upswing in recent months, the Boston-based National Consumer Law Center reported this week that many large banks and other mortgage servicers have decided it’s cheaper to foreclose than to offer more affordable loan terms. Making matters even worse, as many as 86% of foreclosure victims in hard-hit areas didn’t have legal counsel last year, according to the Brennan Center for Justice at the NYU School of Law, which released a report earlier this month.

Miami Law has given eight recent graduates a $10,000 fellowship to do this important work. Obviously, $10K isn’t enough to live on. But instead of raising tuition and bemoaning the lack of public interest lawyers, Miami’s fellowship program is giving its graduates a little bit of help in their efforts to give back to the community.
Above the Law corresponded with Miami law professor Michael Froomkin, who founded the program. More details about it, after the jump.

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Antonin Scalia Justice Ruth Bader Ginsburg.jpgDespite their ideological differences, Justices Antonin Scalia and Ruth Bader Ginsburg bond over their shared love for the opera. Both judicial luminaries attended Saturday’s opening night performance of Ariadne auf Naxos, at the Washington National Opera. If you’re into Article III celebrity sightings, the D.C. opera house is where it’s at.
Not only did the justices attend the opera; they also participated. An eyewitness evaluation of their performances, plus a photo of Justice Scalia with a sexy soprano in his lap, after the jump.

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An ATL reader sent us this photo from the University of Buffalo, writing:

What my barbri tuition got me for my mpre review class. This tv is for approximately 60 people.

MPRE class.jpg
The budgets are tight at law schools these days, but it seems like they could at least spring for a projector or a proper desk. Our tipster reports that they did have someone on hand to press play.

wachtell logo.jpgThe general public really doesn’t understand what top-flight counsel does for their corporate clients. If they did, the pitchforks and torches crowd would be as angry at Wall Street lawyers as they are at Wall Street bankers.
Friday’s “revelation” about the advice given to Bank of America by Wachtell Lipton illustrates the point. Am Law Daily reports:

Amid the piles and piles of formerly privileged documents related to the Bank of America-Merrill Lynch merger, there are a few notes and e-mails from mid-December 2008 showing that BofA’s lawyers at Wachtell, Lipton, Rosen & Katz were saying very different things to their client and to federal regulators.

What dastardly double talk did Wachtell Lipton allegedly engage in? Corporate Counsel reports:

The e-mails show that early on the morning of December 19 [Wachtell litigation partner Eric Roth] advised the bank’s chief executive, Ken Lewis, and its interim general counsel, Brian Moynihan, on how difficult and financially risky it would be to try to invoke a so-called MAC — or material adverse change — clause, which would allow the bank to get out of the merger with Merrill.

But another e-mail from associate general counsel Teresa Brenner to Moynihan, sent several hours later and on the same day as Roth’s e-mail, says, “Eric made a very strong case as to why there was a MAC” during a conference call with some officials from the Federal Reserve.

J’accuse!
Pitchforks on parade after the jump.

double red triangle arrows Continue reading “Is Wachtell in Trouble For Being Good Lawyers?”

law firm associate bonus watch 2008 biglaw bonuses.jpgIt’s the last week of October. You know what that means? It means it is time to start rampant speculation about this year’s bonuses!
Last year at this time, we wrote:

Whenever the bonuses are announced, most people we are talking to agree that the overall numbers will be somewhat down from last year. A common thought is that top law firms will adopt the same basic bonus package as last year, but drop the “special” bonus compensation. This will cost associates between $10K and $50K depending on your year.

A mere three weeks after we wrote that, Skadden announced its bonuses, and our speculation proved to be prescient. For Skadden associates, the 2008 bonus was essentially the 2007 bonus minus the “special bonus.”
Of course, not everybody followed the Skadden plan. Cravath announced its bonus the next day, and it was half of what Skadden offered. Most other top law firms ended up following Cravath, and the market was set.
Last year firms were preparing for one of the worst legal economies that anyone can remember. What can we expect this year?

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This Week in Layoffs: 10.26.09

pink slip layoff notice Above the Law blog.jpgEd. note: Above the Law has teamed up with Law Shucks, which has done excellent work translating all of the layoff news into user-friendly charts and graphs: the Layoff Tracker.

We took the week off last week, but you didn’t miss much. In fact, we had another run of almost two weeks without a layoff, before WilmerHale laid off 57 staff. But we’ll get back to the layoffs after our regular sojourn through the broader American economy.

If you’re a regular reader of this column, this should sound familiar: initial jobless claims were worse than expected. 49 states and territories reported increased unemployment, with four seeing improvement. To the extent you believe this is a recovery (and even if you do, whether you believe this is sustainable is another question entirely), it appears to be jobless at best, and job-losing more likely.

Companies are salvaging net income numbers almost entirely on the expense side, and the stimulus has done nothing to create job and nothing demonstrable to save jobs. Just ask the Republicans, who point out that President Obama claimed his stimulus would create 3.5 million jobs, when the actual result has been a loss of 2.7 million – a 6.2 million-job deficit.

Part of the frustration, of course, is the long-running treatment of disillusioned jobseekers and people whose benefits have run out as not being counted as unemployed. When minor improvements in unemployment numbers were being hyped a few months ago, it now appears that was almost entirely the result of people falling off the rolls, not actually finding gainful employment. Maddeningly, that means 7,000 people a day are no longer counted as unemployed.

As usual, law firms continue to muddle through. Their efforts, after the jump.

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Morning Docket 10.26.09

Clarence Thomas portrait Justice Clarence Thomas.jpg* Has Justice Sotomayor put Clarence Thomas over the edge? While speaking at the University of Alabama, Justice Thomas said he wishes that the other justices would STFU during oral arguments. He also complained that there are too many Ivy Leaguers on the SCOTUS bench. [Associated Press]
* One of the beneficiaries at the top of Bernard Madoff’s Ponzi scheme was found on the bottom of a pool Sunday. [New York Times]
* Who has the rights to the treasures of the Titanic? [Associated Press]
* Proposition 8 proponents have to turn over their campaign strategy documents. [San Francisco Chronicle]
* An anarchist social worker believes his constitutional rights were violated during the G-20 meetings in Pittsburgh. Police raided his home for breaking an anti-riot law via Twitter. [Wired]

Asia Chronicles logo.jpg3.26 ed.JPG[Ed. note: This post is authored by Evan Jowers and Robert Kinney of Kinney Recruiting, sponsor of the Asia Chronicles. Kinney has made more placements of U.S. associates and partners in Asia than any other firm in the past two years. You can reach them by email: asia at kinneyrecruiting dot com.]
Evan here, writing from Hong Kong. The past week has been very busy, thus it has taken a couple of weeks to put up another post.
The number of US associate openings continues to increase in Asia, especially in Hong Kong and Greater China, and especially in now-busy capital markets groups. Two particularly special and urgent openings are for M&A 4th to 7th year associates for Shanghai and Hong Kong. The Shanghai opening, a private equity-focused position, does not require Mandarin fluency, but the Hong Kong opening, a more general M&A spot, does. I consider these openings very special opportunities for a number of reasons, including firm, supervising partner, and the realistic partnership track available in both of them. I am not going to go into great detail here, but suffice to say that I believe these are A+ positions and arguably among the best private equity/M&A spots in all of Asia. They are both extremely selective openings, will be filled soon, and the new hires will likely come from a top 10 US firm, most likely from NYC. We know both supervising partners very well and of course we are happy to fill you in on the details. I am cutting this Asia trip shorter than planned for some business in NYC next week, so can also meet in person with qualified and interested persons.
Last week, we made another placement of a US associate in Hong Kong (continuing a nice placement run of the last few months in Hong Kong and Greater China) and moved very close to placements (offers in hand) of a US partner, a US counsel and two more US associates in Hong Kong. Those successes were all expected, as they have been in the works for some time.
Robert and I spent most of last week together in Hong Kong meeting with partner-level candidates and clients. Many of these meetings were set up by our US and Asia-based recruiting back office. This week the focus is more on associate and firm client meetings, something our HK based recruiter, Alexis Lamb, does on a weekly basis here. It is truly a team effort of our Asia group that allows us to have the privilege of representing so many very impressive senior attorneys, and remarkable people, in Asia. The meetings happen from three sources: a) already established personal relationships (past career consulting or recruiting for partner’s firm); b) referrals; and c) our impressive back office team of recruiters based in the US and Asia.
***More after the jump.

double red triangle arrows Continue reading “The Asia Chronicles: Kinney Asia Teamwork / Two Special M&A Opportunities (HK and SHG)”

Secretary.jpgEd. note: We gave this a shout-out last week in non-sequiturs (second item), but it’s egregious enough to merit more discussion.

Biglaw attorneys frequently complain about how hard it is to date given the amount of hours they devote to work. Attorneys at a small immigration firm in Chicago may have encountered a similar dilemma.

Perhaps inspired by Maggie Gyllenhaal’s cinematic portrayal of a sex-enjoying legal secretary, Samir Zia Chowhan of Chowhan Law allegedly advertised on Craigslist, in the “Adult Gigs” section, for a secretary with benefits. From Legal Profession Blog:

Loop law firm looking to hire am [sic] energetic woman for their open secretary/legal assistant position. Duties will include general secretarial work, some paralegal work and additional duties for two lawyers in the firm. No experience required, training will be provided. Generous annual salary and benefits will be provided, including medical, dental, life, disability, 401(k) etc. If interested, please send current resume and a few pictures along with a description of your physical features, including measurements. We look forward to meeting you.

Many of you will recall that Illinois Attorney General Lisa Madigan waged a war against Craigslist’s “Erotic Services” section earlier this year, claiming that there was rampant prostitution there. By her doing, the section was taken down and replaced by this “Adult Gigs” section, which is supposedly more closely monitored for illegal activity. But in our surfing of the section, we saw quite a few ads like Chowhan’s, including ones like this: “I’m seeking a young lady who would like to have some fun with me, possibly on a regular basis, in exchange for some help with bills or whatever.”

At least Chowhan was a little more discreet in his May 2009 ad. But when one woman responded, he made it clear why he had listed the job in the Adult Gigs section.

He defines “additional duties,” after the jump.

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UC Hastings law logo.jpgYesterday, UC Hastings College of Law told its students about next year’s prospective tuition. Due to the graphic nature of the content below, viewer discretion is advised. Please remember that Hastings is a public law school:
UC Hastings tuition increase 1.jpg
Let’s put those horrifying figures in appropriate context, Stanford Law School’s tuition for this academic year is $42,420. Stanford of course could go as high as Hastings in 2010 – 2011. But at least right now it looks like students will pay more to go law school at Hastings than at Stanford.
Tsu-nami, Snake! Tsunami!
After the jump, the Daily Journal tries to make sense of it all.

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Non-Sequiturs: 10.23.09

REM Michael Stipe Guantanamo torture.jpg* Does R.E.M. have a copyright infringement claim against the government if their music was used to torture Guantanamo detainees? What if R.E.M. was simply used to give the interrogators a blueprint on how to torture somebody? That’s me in the corner, that’s me in the spotlight, losing my religion. [The Volokh Conspiracy]
* Gibson Dunn is joining Pepin Tuma to battle police abuse of disorderly conduct laws. I’d make a joke about cops now, but I’m in the privacy of my own home and I don’t want to tempt any officers to come in here and arrest me. [Huffington Post]
* Parents in Las Vegas don’t want their children to perform a version of Rent as a school play. You live in Las Vegas and you’re worried about what a Bohemian musical is going to do to your kids? That’s like living in Mississippi and wondering if Jackass: The Movie is going to make your kids dumb. [Legally Unbound]
* You know what, screw first time home buyers. What about longtime home renters? Where’s our tax credit? [Blackbook Legal]
* It’s been a good day for jokes about male reproductive organs. [Courtoons]
* Kanye West managed to keep his mouth shut long enough to have his vandalism charge dismissed. [Popsquire]

As many of you know, public interest organizations around the country benefited from the recession’s effects on Biglaw. There are many talented graduates of top law schools working in public interest — and being paid by the firms who have no work for them.
It’s a pretty sweet deal for cash-strapped public interest organizations. Some of them don’t want the good times to end. The ABA Journal reports:

Some lawyers are suggesting that sending new lawyers into the field is such a good idea that it shouldn’t be dropped when the recession ends. One of them is Barbara Arnwine, executive director of the Lawyers’ Committee for Civil Rights Under Law.
The programs were “a creative response by the firms to what was a very ugly crisis,” Arnwine told AP. “My wish going forward is that what you can do in bad times you can do in good times.”

My wish going forward is that the sea people come and “take me away from this crappy goddamn planet full of hippies.” I think my wish will come true before Barbara Arnwine’s.
Don’t get me wrong, it would be awesome if there were some sort of training ground where new attorneys could learn some basic lawyering skills. If the training were really good, I bet young attorneys would even pay for the opportunity to be educated. Too bad we don’t have any kind of system of schools that can competently prepare people entering into the legal profession.
Public Interest Lawyer Says Loaned Associates Should Be Permanent Program [ABA Journal]

champagne glasses small.jpg
Congratulations to Caroline Nyenke and LaRue Robinson, selected by ATL readers as our August Couple of the Month in a close race. Things were a bit more lopsided in our September Couple of the Month poll, as SCOTUS clerks and lovebirds Karen Dunn and Brian Netter took the crown with 40 percent of the vote. Both couples will compete for Couple of the Year honors in a few months.
Now, this week’s contestants:

1. Molly Rusten and Peter Rosen
2. Xixi Yin and Edward Amley Jr.
3. Simrin Parmar and John Bennett

Check out these newlyweds’ pictures and bios, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch 10.18: Jean-John”

tajudeen-oladiran.jpgTajudeen Oladiran is an Arizona attorney who is currently of counsel at Aguilera International Counsel. A Biglaw refugee, he spent a year at Greenberg Traurig, as well as a year working for the Arizona Attorney General’s Office.

Given those credentials, we were surprised that he would file one of the craziest motions we’ve come across here at Above The Law.

From the U.S. District Court of Arizona:

Taj crazy motion.jpg
It is a motion in a case that Tajudeen Oladiran and his wife filed against Suntrust Bank for racketeering. We gather from the motion that Oladiran was not pleased with the ruling by “the Dishonorable Susan R. Bolton” (as she’s identified in the caption). Oladiran wrote: “I just read your Order and I am very disappointed in the fact that a brainless coward like you is a federal judge.”

A lesson on how not to address the court, after the jump.

double red triangle arrows Continue reading “Motion of the Day: “We shall meet again you know where.””

Finnegan Henderson Farabow Garrett  Dunner LLP.jpgThe Great Recession has been tough for many different types of firms — and that even includes intellectual property firms. During the past year, IP-focused shops have cut back on hiring, slashed salaries, and lost key partners to larger firms.
A few recent developments at Finnegan Henderson, the D.C.-based IP powerhouse, reflect the new realities. Multiple sources report the following:

1. Earlier this week, at an “all associates” meeting, the firm announced that it is freezing associate salaries.

2. At the same meeting, the firm announced that it is reducing first-year associate salaries from $160,000 to $145,000 (in all offices).

UPDATE: We understand that Finnegan has frozen support staff salaries as well.
Two additional items about Finnegan, after the jump.

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Albert Freed penis pain.jpgLet’s get the boring stuff out of the way. Albert Freed (pictured) won a trip to Hawaii (not pictured). As part of the vacation celebration, Mrs. Freed bought her husband some new Hanes brand briefs. But Mr. Freed is a husky gentleman, and apparently the new trunks couldn’t contain all of his junk. He sued Hanes, claiming they made “defective” underwear.
Let me turn it over to Escambia County (FL) Judge Pat Kinsey:
Freed v Hanes 1.jpg
A question for the guys out there: How long would it take you to correct a problem involving sandpaper and your penis? Don’t you think penis chafing is something that requires immediate attention and decisive action?
And while we’re here, how long does it take for you to notice your stuff hanging out where it is not supposed to be?
Check out Albert’s excuse after the jump.

double red triangle arrows Continue reading “Lawsuit of the Day: Defective Underwear Causes Penis Pain”

Salary Cuts.jpgThere have been a number of firms that have cut associate salaries. But there have not been many firms that have needed to slash salaries twice this year. Allen Matkins associates appears to be in their own personal corner of sadness.
A tipster reports:

For the second time this year, Allen Matkins has laid off lawyers and cut salaries for those who still have a job. 2 lawyers were laid off in Los Angeles. I am not sure how many in other offices, but I know there were more. Salary cuts were also part of the package. Associates untouched by the last round of salary cuts were not so lucky this time. Cuts ranged between 15% and 30%. … This cut occurred Thursday October 15. Cuts are effective November 1, 2009. Nice holiday gift isn’t it.

Allen Matkins has not responded to our multiple requests for comment. In terms of layoffs, other tipsters have reported a few involuntary attorney departures. 2nd year associates seem to be the hardest hit.
Multiple tipsters are also reporting the salary cut news.
Following along with all of the Allen Matkins cuts is a little bit confusing; let me walk you through it after the jump.

double red triangle arrows Continue reading “Allen Matkins Makes Another Salary Cut, And More Layoffs”

Job of the Week Lateral Link ATL logo.gifThe last couple Jobs of the Week have featured positions with AmLaw 100 firms on the East Coast and West Coast. We feel that we may be neglecting those of you in the middle of country, and since the hiring freeze is starting to lift at some companies, we decided to offer up an in-house position in Ohio for the Job of the Week, which is brought to you by Lateral Link.
Title: Corporate Counsel
Location: Cincinnati, OH
Description: Bank holding company with more than 1,200 branches in the Midwest and Southeast is seeking several attorneys with corporate experience to join their in-house team. Attorneys with experience in one of the following areas will be considered – general corporate (2-6 years), commercial creditors’ rights (5-15 years), bank regulation (4-8 years) and consumer regulatory (2-6 years). Candidates should have significant experience with a law firm or corporation in the relevant areas of expertise. Ability to interface successfully with senior management. Knowledge of the areas of expertise including technical knowledge. Good issue spotting, risk assessment, and problem solving skills.
For more information about each position, please view Positions #5458, #5457, #5456, #5455 on Lateral Link.  Membership in Lateral Link is free and you can apply at www.laterallink.com.
Earlier: Prior Job of the Week listings