Archive for October 2009

cannabis_leaf.gifFor a while we had a commenter who liked to comment “Legalize it!” on every post, with “it” referring to marijuana. This person is surely quite happy today. From the New York Times:

People who use marijuana for medical purposes and those who distribute it should not face federal prosecution, provided they act according to state law, the Justice Department said on Monday in a directive with far-reaching political and legal implications.

In a memorandum to federal prosecutors in the 14 states that make some allowance for the use of marijuana for medical purposes, the department said it was committed to the “efficient and rational use” of its resources, and that going after individuals who were in “clear and unambiguous compliance” with state laws did not meet that standard.

Puff, puff, pass. Anyone want some brownies?
Justice Dept. to Stop Pursuit of Medical Marijuana Use [New York Times]

Stewart Rhodes Stew Rhodes Oathkeepers Oath Keepers.JPGMeet Stewart Rhodes. He graduated in 2004 from Yale Law School, where his paper, “Solving the Puzzle of Enemy Combatant Status,” won a prize for the best paper on the Bill of Rights. Before entering the law, he served as a U.S. Army paratrooper.
What’s Rhodes up to now? Many military men turned lawyers troop off to large law firms, where the discipline and diligence cultivated in the armed forces help them succeed. Others join the JAG Corps or work for defense contractors.
But Rhodes, who was a non-traditional student at YLS, has taken a non-traditional career path since graduating.

double red triangle arrows Continue reading “Career Alternatives for Attorneys: Preventing Dictatorship?”

Salary Cuts.jpgIf you live in California, you are surely aware of the state’s budgetary concerns. But if you work for Morrison & Foerster in California, you may now have some budgetary concerns of your very own.
MoFo decided to cut salaries today, but associates in New York and Asia will be spared the hardship. Here’s the official statement from the firm:

Starting salaries at Morrison & Foerster in New York and Asia will be $160,000, the same as last year, and starting salaries in other U.S. offices will be $145,000.

Note, however, that the market for first year salaries among national firms is undetermined at this time. Given that, we will continue to assess starting salaries, in light of market trends, and may elect to adjust as required based on larger market developments.

Parsing the statement, after the jump.

double red triangle arrows Continue reading “Nationwide Salary Cut Watch: MoFo Cuts in California, Spares NYC”

Deal Talk, Texas Style

Jim Woolery Cravath.JPGDeal work isn’t just about substance. Style points will help you go far, at least according to Jim Woolery of Cravath, Swaine & Moore. In an interview he gave to the Dallas Morning News (gavel bang: ABA Journal), Woolery explains that his success is due in part to his ability to look like a New Yorker but talk like a Texan:

“They like me in Texas because I’m from this fancy New York law firm, but I talk Texan,” says the 40-year-old partner of Cravath, Swaine & Moore LLP. “When [Dallas attorney] Phil Smith from McKool Smith tells me, ‘Things are going to get Westerned,’ I know he means things are going to get sideways or upside down.”

My friends, this is why it is important to have diversity in the partnership ranks. Sometimes you need a guy like Woolery to make that special Love Connection.
Just how much has Woolery’s western charm been worth to Cravath?

double red triangle arrows Continue reading “Deal Talk, Texas Style”

Thumbnail image for Cooley law school logo.jpgThomas M. Cooley Law School — ranked #12 among ABA accredited schools, according to Thomas M. Cooley Law School — is looking to raise tuition. The school has been expanding, but apparently enrollment is down. So, predictably, the school decided to raise rates on its students.
An email informing Cooley students of the change was sent over the summer by Cooley’s president and dean, Don LeDuc. The last paragraph reads as follows:

Of course, we wish that we did not have to increase tuition, but the reality is that the cost of operation escalates and enrollment varies. The May 2009 class came in below the usual size, and transfers remain too high. Our operating revenue is tuition-based, so tuition must be set based on projected enrollment numbers. This year, the cost of financing our facilities at Lansing, Grand Rapids, and Auburn Hills increased due to the dislocation in the financial markets (the Ann Arbor facility is leased, so it does not contribute to the increased financing cost). It is in everyone’s interest to recruit new first-year students and to retain them in the second and third year.

How will students react to this?

double red triangle arrows Continue reading “Enrollment Drops, Tuition Rises at Thomas M. Cooley Law School”

Department of Justice seal DOJ seal Abovethelaw Above the Law blog.jpgAre you prepared to meet and fight the anti-vaccinators in open court? The Department of Justice is, and they are looking for a few good litigators.

Check out this job ad, which is up on the DOJ website:

Experienced Attorney/ GS-12 to GS-14
U.S. Department of Justice, Civil Division, Torts Branch
Office of Constitutional and Specialized Torts

About the Office: The Civil Division, Torts Branch, is seeking an experienced attorney for a position in the Office of Vaccine Litigation. Trial attorneys in the Vaccine Litigation Group represent the interests of the Secretary of the Department of Health and Human Services in all cases filed in the U.S. Court of Federal Claims under the National Childhood Vaccine Injury Act. The cases involve claims of injury as a result of the receipt of certain vaccines.

Responsibilities and Opportunity Offered: The position offers a unique experience in public service. The legal and medical issues at stake in each case vary greatly. Attorneys in the section independently manage heavy case loads, and while streamlined procedures are utilized, cases frequently involve complex liability and damages issues. The position involves significant trial practice. Vaccine staff attorneys are obliged to ensure that the Vaccine Trust Fund, from which damage awards are paid, is protected and, where eligibility criteria are met, that fair compensation is distributed to those whom Congress has intended. Attorneys appear frequently before the Office of Special Masters in the U.S. Court of Federal Claims, and also appear before the judges of the Court, as well as in the U.S. Court of Appeals for the Federal Circuit when handling appeals.

That’s right folks, the legal profession will find a way to benefit from Swine Flu. Special torts, special torts defense, it’s all copacetic man.

SMU dedman school of law.gifSMU Dedman School of Law in Texas has turned out at least one charmer. We now have evidence that it can produce the not-so-charming type as well. Multiple readers alerted us to this thread on Reddit.com: How to Get Kicked Out of Grad School Before You Even Start.

It’s an email conversation between Jonathan Eakman, an SMU Dedman law school student, and the admissions office of the SMU Cox School of Business. Eakman was supposed to start the MBA portion of a JD/MBA joint program this fall. Before starting classes, MBA students must complete three mandatory online tests. These emails track Eakman’s series of excuses for not taking the tests. They include “having too much fun this summer” and “a car wreck, computer problems, stupid family issues and a kidney stone scare.”

He asks the admissions office to “be cool on this” since, in a previous job, he “dodged having to take responsibility for a billion dollar budget, so [he knows] what [he's] doing.” It only gets more hilarious from there.

We contacted Jonathan Eakman by Facebook. After the jump, we give you the email thread as well as the postscript. SMU Cox Business School did not greet Eakman with open arms on the first day of school.

double red triangle arrows Continue reading “JD / MBA of the Day: Jonathan Eakman, With A Big FU to SMU”

Morning Docket 10.18.09

Thumbnail image for financial crime.jpg* On Friday, the SEC charged hedge fund billionaire Raj Rajaratnam with running a $20 million insider trading ring along with executives from Intel, McKinsey & Co., and Bear Stearns. [Bloomberg]
* Rajaratnam and company wasted no time lawyering up, reports Brian Baxter. Gibson Dunn and Kelley Drye to the rescue. [American Lawyer]
* Georgia lawyer Tom Dunn used to spend his time trying to help those on death row. But now he’s spending his days with middle school students as a teacher for Teach For America. [New York Times]
* Elie Mystal speaks out against a publicly-funded competitor for Harvard Law School. [Boston Globe]
* Jim Woolery of Cravath’s New York office credits his M&A success in Dallas to being able to “talk Texan.” [Dallas Morning News via ABA Journal]

Falcon Heene balloon boy.jpgOn Thursday morning, a “homemade flying saucer” took off from the Colorado yard of Richard and Mayumi Heene. The Heenes drew nationwide attention when they claimed that their 6-year-old son Falcon was inside.
When the saucer finally landed, Falcon did not glide down with it. Instead, he was hiding in the family attic. The Heenes said he was hiding because he feared punishment, but he told CNN that he “did this for the show.”
Now it looks like the Heenes were full of hot air. Robert Thomas, a former assistant to Richard Heene, penned a column for Gawker calling it all a big hoax by his attention-hungry boss, claiming to have discussed a plan like this with Heene earlier this year. Plus, Thomas says the attic in the Heene home is virtually inaccessible and that Falcon would have needed help to fly up there.
The authorities appear to agree and announced last night that they will be filing charges. From the New York Times:

The office did not identify the specific charge or charges on Saturday, but said a Class 3 misdemeanor charge was possible, according to The Associated Press. False reporting of a crime falls under that class of misdemeanor.
The sheriff, Jim Alderden, said a Class 3 misdemeanor “hardly seems serious enough given the circumstances.” He added, “We are talking to the district attorney, federal officials to see if perhaps there aren’t additional federal charges that are appropriate in this circumstance.”

It’s too bad the balloon did not make it across state lines.
Charges to Be Filed in Colorado Balloon Incident [New York Times]
Exclusive: I Helped Richard Heene Plan a Balloon Hoax [Gawker]

Reed Hundt Reed E Hundt FCC Chairman Hundt Skadden Arps.jpgReed E. Hundt, who served as chairman of the Federal Communications Commission from 1993 to 1997, will be joining Skadden Arps. He most recently served as a senior advisor on information industries to McKinsey & Company, the elite consulting firm. (For a more detailed description of Reed Hundt’s illustrious career — Yale College ’69, Yale Law School ’74, partnership at Latham & Watkins, etc. — see the biography on his personal website.)
Hundt made the announcement this morning at the YLS alumni reunion, where he was serving on a panel on the regulatory process. Professor Thomas Merrill, moderator of the panel, introduced Hundt as a senior adviser to McKinsey. Hundt interjected to note that he’s moving to Skadden — and joked that this was a good opportunity to plug his new practice. He didn’t specify which office he’ll be based out of, but we’re assuming D.C.
It doesn’t seem that the move was public before this morning (at least based on Google News, a search of the Skadden website, and a search of Law.com). But it is now.
Congratulations and good luck, Chairman Hundt!
Alumni Weekend – Schedule of Events [Yale Law School]

Quinn Emanuel A William Urquhart Bill Urquhart Check You Email Check You Emails Often.JPGQuinn logo.jpgEd. note: This post has been updated from the original version. Please see below.

The only thing worse than being tied to your BlackBerry at all hours is missing something important because you were not tied to your BlackBerry the hour you were needed.

Wait, this just in. There is something worse than missing a crucial request because you weren’t checking your BlackBerry. That would be when the partner you are working for emails all of the firm’s associates reminding them to compulsively check their BlackBerries because of your mistake.

Welcome to the world of a Quinn Emanuel associate. The associate apparently didn’t send a fax because he hadn’t been checking emails after business hours. QE partner Bill Urquhart decided to use the incident as a teaching moment for the entire firm:

From: A William Urquhart.
To: Attorneys.
Time: 9:21 a.m.
Re: CHECK YOU EMAILS OFTEN [sic]
Now more than ever there are many talented lawyers and law firms competing for our business. Doing really good legal work is not enough. Clients expect that and well they should given what we charge for our services You must all realize that we are in a service business. In this day and age of faxes, emails, internet, etc. clients expect you to be accessible 24\7. Of course, that is something of an exaggeration–but not much.

LESSON NUMBER ONE: You should check your emails early and often. That not only means when you are in the office, it also means after you leave the office as well. Unless you have very good reason not to (for example when you are asleep, in court or in a tunnel), you should be checking your emails every hour. One of the last things you should do before you retire for the night is to check your email. That is why we give you blackberries. I can assure you that all of our clients expect you to be checking your emails often. I am not asking you to do something we do not do ourselves. I can assure you that John Quinn, Peter Calamari, Mike Carlinsky, Faith Gay, Fred Lorig, etc. all check their emails often.

Yesterday I was working with a relatively new associate on a project which both he and I knew was a rush. It was for a relatively new client whom we were trying to impress. The associate did a nice job under pressure. Before I left the office at about 7:30 I sent an email to this associate asking him to perform a task–fax a draft letter for review and comment. I assumed the task was done. Turns out the associate left the office and did not check his emails until this morning. I assumed the task had been completed. It had not been. In this case it was no harm no foul, but I think we can all imagine scenarios when this could be a disaster.

CORRECTION: The original version of this post had a line in the blockquote that was not in the Urquhart email. (It was actually commentary on the email from a source.) That line has been removed. I apologize for posting an incorrect version of the email.

That’s harsh. But is it fair?

double red triangle arrows Continue reading “Quinn Emanuel Believes in ‘C.B.A.’ (Check BlackBerry Always)”

Non-Sequiturs: 10.16.09

Umass boston logo.jpg* Massachusetts’s treasurer says the state can’t afford a new public law school. [Boston Globe]
* Organized crime is infiltrating law schools in the Czech Republic. This would never happen in New Jersey! [Blackbook Legal]
* Microsoft’s General Counsel, Paramount’s General Counsel, and the VP of MySpace talk about funding professional content in the modern age. [IP Colloquium]
* Sorry UVA Law, but Professor Bainbridge will be staying at UCLA Law. I promise, I had nothing to do with it. This is all on UCLA Law Dean Mike Schill — who is of course leaving UCLA Law to go for Chicago. [Professor Bainbridge]
* Don’t ask, don’t tell, doesn’t seem to want to go away. [Miss Trials]

law firm swag treasure chest.jpgOur inaugural Law Firm Swag Contest was about quality rather than quantity. We had just four entries, but they were goodies.
Eschewing trinkets and baubles, K&L Gates took the high road, urging recruits to change their world through an innovative website. Perkins Coie went green, arranging for trees to be planted in honor of interviewees. And who doesn’t like a customized iPod, the swag doled out by Dobrowski LLP, the Texas litigation boutique?
But in the end, dear readers, you voted with your feet. Following in the footsteps of the “Sex and the City” gals, or maybe Imelda Marcos, you made it all about the shoes. The customized Nike footwear doled out by Mayer Brown scored a runaway victory, with over 55 percent of the 2,100 votes.
Props to the person in the Mayer recruiting office who came up with the brilliant idea for this Niketown summer associate event. If you’re looking for new running shoes — or, for that matter, the opportunity to do appellate litigation in New York — then sprint in the direction of Mayer Brown!
Earlier: Law Firm Swag Contest: The Finalists
ATL Contest: Best Law Firm Swag of 2009

champagne glasses small.jpgWarning: The penis-to-vagina ratio in this week’s column is quite high. If you’re already on the mailing list for Rick Santorum 2012, you may want to avert your eyes — or go make fun of sissy-boy John Kerry for helping plan his daughter’s wedding.
Our fabulous finalist couples:

1. Sebastian Dungan and Lavi Soloway
2. Adam Levine and Janson Wu
3. Alisha Bhagat and Mark Egerman

Read more about these newlyweds, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch 10.11: Five Guys”

Job of the Week Lateral Link ATL logo.gifGreen shoots are here again. The Dow is back over 10,000 and litigation is picking up. Today’s Job of the Week brought to you by Lateral Link, is one of several new openings at big firms around the country. If you are an associate considering a lateral move, contact your Lateral Link search consultant to discuss the options.
Position: Litigation Associate
Location: Washington, DC.
Bonus: This position qualifies for Lateral Link’s $10,000 law firm signing bonus.
Description: The D.C. office of this AmLaw 100 firm is seeking an excellent 3rd-5th year commercial litigation associate (2005-2007). The firm is looking for an attorney with a general commercial background. Candidates must have a broad range of litigation experience, not a niche practice. Some experience with bankruptcy litigation would be helpful. Top law school and excellent credentials required. Strong preference for former judicial clerks.
For more information about this position, please view Position #5433 on Lateral Link. Membership in Lateral Link is free and you can apply at www.laterallink.com.

Patterson Belknap.jpgRush Limbaugh has been accusing Wikipedia (and others) of running a smear campaign against him. On his radio show on Tuesday, the conservative commentator said this:

If people are trying to destroy your reputation and your credibility, your life and your career by attacking you as a racist, then you have to stand up and fight that. Now, we are in the process behind the scenes working to get apologies and retractions with the force of legal action against every journalist who has published these entirely fabricated quotes about me, slavery, and James Earl Ray. I never said them. We have tracked them. We know where they came from. We don’t know the identity but we know where they came from, a single blogger who posted the stuff on my Wikipedia page in Wiki quotes, unsourced. Wikipedia says, “Well, this is in dispute.” It’s not in dispute. They were never uttered. I never said them.

People are talking about Limbaugh’s Wikipedia inaccuracies on Wikipedia.
According to anonymous commenters, some of the Wikipedia entries that Limbaugh is complaining about have been traced back to an IP address from the law firm Patterson Belknap.
More details after the jump.

double red triangle arrows Continue reading “Anonymous Wikipedia Libelist Linked to Patterson Belknap”

Racial anonymous firefighters.jpgIn late June, the Supreme Court ruled in favor of white New Haven firefighters and their claims of racial discrimination. The SCOTUS decision in Ricci v. DeStefano overturned an earlier decision by then-2nd Circuit Judge Sonia Sotomayor.
Given the SCOTUS decision, I should have seen the lawsuit by a black New Haven firefighter coming. It’s such an obvious reaction to SCOTUS that I’m surprised it took this long. Here’s the introduction to the complaint:

The 2003 New Haven fire lieutenant examination had two parts: a multiple-choice written test and an oral exam. Ranking on the eligibility list depended on how the City chose to weight the scores on the two components. The oral exam was a better way to assess candidates’ skills and abilities than the written test and had less disparate impact on African-Americans. Yet the City chose to weight the written test 60 percent and the oral exam 40 percent. This weighting reduced the validity of the overall selection process; it was arbitrarily chosen, without any pretense that it was job related; it was contrary to standard practice among similar public safety agencies, where the norm is to weight the oral component 70 percent; it had a disparate impact on African-American candidates; and it will prevent the plaintiff from being promoted to the rank of lieutenant, even though he is one of the most highly qualified candidates.

Apparently, this plaintiff had the highest score on the oral exam. But once the written exam was factored in, the plaintiff was ranked 24th and not eligible for promotion.
The disparate impact of “cramming,” after the jump.

double red triangle arrows Continue reading “Black Firefighter Sues New Haven”

Ringtones Public Concert.jpgThe American Society of Composers, Authors and Publishers (ASCAP) sued AT&T and Verizon looking to recoup additional royalty fees from people who use ringtones. ASCAP members already receive money from ringtone purchases, but they wanted more money. You know, like a little charge every time a phone rings or something. They lost:
Wired reports ASCAP’s ridiculous argument (gavel bang: ABA Journal):

A federal judge has dismissed the music industry contention that when a cellphone’s ringtone begins playing, copyright infringement starts happening since others can hear the song, essentially arguing that a mobile phone is a portable concert hall.
That argument meant that millions of mobile phone users were copyright scofflaws anytime anyone called them.

I don’t think the insufferable noise pollution emanating from the pockets and purses of lemmings who think they are showing individuality is anything at all like a public concert. I’m glad at least one federal judge agrees with me.
The decision (pdf) made it clear that there was no infringement when ringtones are played without any commercial purpose. So make sure you don’t ever ask somebody to pay you for the privilege of listening to your phone. Not only do you run a high risk of getting punched in the face, you also might cause this nonsense argument to waste more judicial time.
Judge: Cellphone Ringtones Are Not Concerts [Wired]
No Royalties for Ringtones, Judge Rules [ABA Journal]

Marc Dreier courtyard.jpgLaw professors generally don’t earn as much as Biglaw partners. Legal academic salaries, while generally in the low six-figures, rarely go over, say, $400,000.

But some law profs own very, very nice homes. See, e.g. (in descending order by value):

  • Columbia professor Hans Smit ($30 million mansion — yup, that’s seven zeros);
  • Yale professor James Whitman ($5.7 million co-op);
  • NYU professor Cathy Sharkey ($5.2 million apartment);
  • “Feldsuk,” aka Harvard professors Jeannie Suk, who has a new book out that looks quite interesting, and Noah Feldman ($2.8 million mansion);
  • Columbia professor Edward Morrison ($2.6 million townhouse); and
  • Columbia professor Sarah Cleveland ($2.5 million townhouse).

Sometimes the professors get financial assistance for these purchases from the schools that employ them. But sometimes the professors buy them on their own, without any university help.

For example, as reported in the New York Observer, Daniel Fischel, former dean of the University of Chicago Law School, just picked up an $8.45 million Manhattan pied-à-terre. As breathlessly described by writer Max Abelson, the apartment features “custom electric shades, a steam shower, and a Sub-Zero wine refrigerator.”

Sounds fabulous! Maybe Professor Fischel can donate a weekend in this apartment to the CLF public interest auction?

Fischel’s famous neighbors, plus the story of how he got this rich — being a law school dean pays well, but not that well — after the jump.

double red triangle arrows Continue reading “Lawyerly Lairs: Daniel Fischel’s Fabulous New Pad”

It’s National Bosses Day

Buy your boss a card. Or better yet, work efficiently for a whole Friday.
Come on, your boss deserves it. You know how cool they are:

Happy day to all the bosses out there.
National Boss Day spotlights people in control [Pittsburgh Tribune-Review]