Archive for October 2009

Law Firm Swag Contest: The Finalists

By David Lat

law firm swag treasure chest.jpgPerhaps it’s a sign of the times. We received a whopping four (4) entries in our inaugural law firm swag contest. Is law firm swag, like subsidized soda or staff attorney programs, another casualty of the recession?
But if we cancel the contest, then the terrorists win. So, onward!
We realize, of course, that not everyone approves of swag. See, e.g., this comment:

This is fairly disgusting…. I find this article particularly untimely, given that most law students are struggling to find good jobs, and many practicing attorneys are struggling just to keep the jobs they have.

Jeez, commenter 58 — lighten up! Considering that we cover law firm layoffs in excruciating detail, to the point where many accuse us of doomsaying and fearmongering, we are aware of the tough job market. But, even in the Great Recession, some people are still getting offers — along with a little swag to sweeten the pot. So what’s wrong with some fun to balance out the gloom?
In defense of law firm schwag, here’s a trend worth noting: “going green.” Firms are trying to be environmentally conscious in their swag selections, as well as more socially responsible in general. This may make schwag less “disgusting” to its critics.
A second theme of swag this year: customization. In this age of individualism and/or narcissism, firms are letting swag recipients have a say in what gets given away. Just as firms are moving away from lockstep in terms of pay and promotion, so too are they allowing for greater tailoring in terms of swag.
Check out the finalists, and vote for the best law firm swag, after the jump.

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Thanks to This Week’s Advertisers

By Above the Law

thank you post it note.JPGA quick word of thanks to this week’s advertisers on Above the Law:

If you’re interested in advertising on Above the Law or any other site in the Breaking Media network, download our media kits, or email advertising@breakingmedia.com. Thanks!

Lawyer of the Day: Orly Taitz

By Kashmir Hill

orly taitz.jpgOrly Taitz is a California attorney described by Wikipedia as “a leading figure in the ‘birther’ movement, which challenges whether Barack Obama is a natural-born citizen eligible to serve as President of the United States.” She started the Defend Our Freedoms nonprofit in order to wage the birther battle. We’re glad to see that its website does not have a photo of Obama with a question mark; instead, it has a tasteful image of Taitz’s head photoshopped over the Constitution, the American flag, and ALR volumes.
Earlier this year, Taitz went to federal court (M.D. Ga.) to request a restraining order on behalf of Army doctor Connie Rhodes preventing Rhodes’s deployment to Iraq. Taitz claimed that the deployment order was illegal because President Obama is not legally president, and attached among her evidence the obviously-faked Kenyan birth certificate for Obama that has circulated on the Internetz.
Federal judge Clay Land aborted that birther suit and reprimanded Taitz for filing a frivolous lawsuit. Shortly thereafter, Connie Rhodes wrote Judge Land a letter saying she found out about the lawsuit via media reports and had neither asked Taitz to represent her nor wished to resist her deployment.
Yet Taitz is still laboring over this suit and filed an order challenging Land’s dismissal of the case. He responded by giving her a two-week deadline to explain why he shouldn’t sanction her and fine her $10,000. On the deadline, she filed a motion to recuse Land from the case. He didn’t like that…

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Morning Docket: 10.14.09

By David Lat

aig.jpg* Pay czar Kenneth Feinberg runs into legal obstacles in his effort to trim AIG bonuses. [New York Times]
* Gov. Schwarzenegger has signed a California law aimed at curbing overzealous paparazzi, by criminalizing the taking and selling of unauthorized photos of celebrities in “personal or familial activity.” [CNN]
* How to deal with the 97 Yemenis at Guantanamo? Send them to Saudi Arabia. [Washington Post]
* It’s official: it’s okay to call Stalin a “bloodthirsty cannibal,” even in Russia. [AP via WSJ Law Blog]
* The Supreme Court hears a challenge to Illinois forfeiture laws that claims the laws don’t sufficiently protect the rights of “innocent owners.” [ABA Journal]
* The New York Court of Appeals hears two cases challenging state policies granting benefits and recognition to gay couples married outside New York. [New York Times]
* What’s the scope of the Bank of America privilege waiver? Zach Lowe has this interesting analysis. [Am Law Daily]

WilmerHale Warns Associates Against Talking to ATL — But Has It Worked?

By David Lat & Elie Mystal

Wilmer Hale logo.JPGAs Justice Brandeis famously observed, “[s]unlight is said to be the best of disinfectants.” A certain amount of transparency keeps organizations honest and ethical. Alas, it seems that some law firms, like vampires, have a lower tolerance for sunlight than others.
In late August, we ran an offer rate open thread. There were over 550 comments, and some of the ones about WilmerHale were a little disturbing. They came to our attention when an individual weighing offers from WilmerHale and other top law firms sent us this message:

Could you follow up on all of the negative comments re: WilmerHale in your Summer Offer Rate Open Thread? I’m considering an offer from this firm, and there seem to be a ton of disgruntled associates there. The whole thing seems to center around an internal memo warning associates not to send tips to ATL. This deserves some investigation. Thanks for running an excellent blog.

So we took a closer look at the WH comments on the thread. Like this one:

The firm has made it abundantly clear that no one should provide tips to ATL or post comments. The clear message is that if caught, you’ll be fired. I, however, have already been “transitioned out”, so I have nothing to worry about other than feeding my family.

And this one:

Didn’t you just love the scathing internal memo meant to scare the living &*^$ out of those who were even thinking about tipping ATL? Apparently it worked, because it didn’t end up here (though it should have). I guess the few that were spared from the bloodbath are shaking in their boots.

We haven’t received the memo itself — yet — but we certainly received an awful lot of detail about it.
More reactions to the memo, plus comment from the firm, after the jump.

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Non-Sequiturs 10.13.09

By Elie Mystal

Christie Brinkley.JPG* A national, uniform bar exam is being developed. People are wondering if New York and California will sign on, but it seems to me that this will be the perfect excuse for Texas to secede. [Adjunct Law Prof Blog]
* “Customize” your hours and compensation at Thompson & Knight. Hmm … I’ll take the least possible amount of hours for the most possible pay, kthxbye. [Texas Lawyer]
* A laid-off lawyer found work off of Craigslist. No, seriously, real legal work! I mean, he hasn’t gotten the job yet or anything, but there was an interview and everything! [Jobless Lawyer]
* What kind of fringe benefits are there to doing adult entertainment defense? Methinks we need another small law open thread. [Underdog]
* Birther sanctioned. [Washington Independent]
* Thomson Reuters is making some law books available on the Kindle. We are getting close to the time when we are going to need an iKindle PhoneBerry. I’d buy it. [Thomson Reuters]
* The American Law Institute-American Bar Association is hosting a summit that will discuss, in part, critical issues facing legal education providers. I wonder if they’ll talk about how there are too many of them? [ALI-ABA]
* Remember when marrying Christie Brinkley was more of an American dream than a cautionary tale? [Popsquire]

Career Center: Help or Competition?

By Above the Law

Career Center AboveTheLaw Lateral Link ATL.jpg
Although start dates have been deferred to 2010 for some new associates, many others have already started at firms and more will be joining them over the next few months .  Will there be enough work for the newest class of associates? 
Or are current associates still struggling to make their own hours?  Has the economy recovered enough to prevent a survival-of-the-fittest battle over due diligence and doc review?  In today’s ATL / Lateral Link survey, we ask what you think is in store for new associates.  We’ll let you know the results next week, but in the meantime, you can check out the ATL Career Center, powered by Lateral Link, where you’ll find the latest information on starting dates, billable hours expectations and the best firms for the kind of work you want to do.

If you have information about your firm that can share with other Career Center users, please email us at careercenter@abovethelaw.com.
ATL Career Center [powered by Lateral Link]

Virginia Board of Bar Examiners Threatens Retaliatory Action Against Eager Test Takers

By Elie Mystal

Virginia Board of Law Examiners logo.JPGIs there something about living in Virginia that gives people an exaggerated sense of self-importance? First, the Lile Moot Court Board at UVA Law appointed itself the résumé police. Now we’re finding out that the Virginia Board of Bar Examiners is drunk with its own power in anticipation of Friday’s release of the July Bar Exam results. Check out this message on the VBBE website:

As a service to Virginia Bar applicants, the Board of Bar Examiners posts the results from the most recent Bar Examination.

This office is working hard on the July 2009 Bar Examination results. Provided no one calls to inquire about the results, we anticipate the results will be posted Friday, October 16, 2009.

A “service”? Isn’t it their job to post bar results? Since when did doing your job quickly and efficiently become a favor?
Meanwhile, why is VBBE threatening to delay the results for everybody if one person simply inquires about the exam? I imagine it’s annoying to have lots of people call in requesting their scores, but why the threats? Threats, especially really petty ones, are bad. Why is this so hard for people in Virginia to understand?
Here’s my advice to the VBBE: post the scores, don’t answer your phone, and then congratulate yourself with a nice bottle of champagne for successfully operating the scantron machine yet again.
Earlier: UVA 3Ls Threaten to Eat Their Young

Fish & Richardson: The Latest Scam Target

By Elie Mystal

Fish Richardson logo.jpgIf you are going to run a scam involving fraudulent checks, is it wise to use an account that belongs to a law firm? Texas Lawyer reports that check scammers have been telling people to cash fraudulent checks drawn against a Fish & Richardson account at Bank of America. Apparently the scam is not working:

As soon as people started contacting the firm last December with questions about Fish & Richardson checks they had received in the mail, the Boston-based firm notified its bank that someone was trying to pass counterfeit checks written on a firm account. Most recently, on Oct. 5, the firm learned from its bank that someone tried unsuccessfully to cash one of the checks, suggesting the scammers may have mailed a new round of letters, says Kelly Largey, chief marketing officer for the 418-lawyer firm.

The checks were sent to people around the country — including at least five in Texas — with cover letters telling recipients to cash the checks, and to send some of the money to the sender for “processing fees” or to a “mystery shopper, and keep the rest of the money.”

If you were going to try this, wouldn’t you run this scheme against a bicycle shop, or a cosmetics company, or some institution that isn’t as meticulous as a freaking law firm?
And it’s not like Fish & Richardson is being loose with its money these days. The firm is closing offices and cutting departments.
In any event, consider this a Public Service Announcement: if you receive a check from Fish & Richardson, don’t cash it.
Fish & Richardson Battles Scammers Writing Fake Checks on Firm’s Bank Account [Texas Lawyer]
Another Law Firm–Fish & Richardson– Says Scammers Hijacked Its Accounts [ABA Journal]

Lawsuit of the Day: So You Think You Can Dance?

By Elie Mystal

Christine Mancision.pngHave you ever considered the possibility of getting sued for not being able to dance? That’s the reality now facing James Graeber, who allegedly flung a hedge fund employee right off of a dance floor at a New Jersey wedding. The New York Post reports:

An Upper West Side woman is suing a rowdy reveler who drunkenly clobbered her on the dance floor at his sister’s reception last year.
Christine Mancision said she was grooving after dinner at the Hyatt Morristown in New Jersey when, “all of a sudden, I turn and I’m grabbed by this really tall individual.”
“I had no idea who he was. And he grabbed my arm and spun me around to dance with me and then just flung me off to the side of the dance floor, and I went flying to the floor,” the petite 27-year-old recalled.

Turn around, bright eyes
Every now and then I fall apart
Turn around, bright eyes
F***in every now and then I fall apart
And I need you now tonight
I f***in need you more than ever.
In related news, people who can dance do not go to weddings in New Jersey.
Mancision suffered a broken wrist and is suing James Graeber. But she’s also suing the Hyatt, for reasons passing understanding.
Details and updates after the jump.

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Alston & Bird Squeezes the Secretaries

By Elie Mystal

alston bird logo.JPGFirms everywhere are trying to keep expenses down. For secretaries and administrative assistants at Alston & Bird, this means that overtime is going to be a lot harder to come by. Last week, A&B informed its secretaries of changes in the firm’s overtime policy:

As you know, from time to time we review our HR policies and practices to determine if they continue to meet the needs of the firm and our employees. In our continuing effort to hold the line on expenses and minimize our overtime costs, the firm has made the decision to revise our overtime policy for our professional staff, secretaries, and paralegals. After review of our current policy, we found that there were two areas that were outdated and not consistent with what the law allows and what other professional service firms are doing. As a result, we have made two changes to our policy.

Alston & Bird just happened to figure out that its overtime policy was inconsistent with the law? Well, I’m glad the firm — the law firm — is clearing that up.
We’ll take a look at the legal inconsistency after the jump.

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The Applied Discovery Rooftop Gathering: A Photo Essay

By Above the Law

Fall is here, reflected in the chillier temperatures we’ve been experiencing here in New York. But here’s an opportunity for reminiscing about the glorious days of summer.
Check out this slideshow of photographs from our fabulous summer rooftop gathering, sponsored by our friends at Applied Discovery. If you’ve ever wanted to see our very own Kashmir Hill play Wii Tennis, this is your chance!

If you’d be interested in sponsoring an Above the Law event, please email us at advertising@breakingmedia.com (subject line: “ATL Events”). Thanks!
Earlier: An ATL Event: Rooftop Gathering with Applied Discovery

Update: Mystery Meeting at Winston & Strawn

By David Lat

winston strawn.gifIt’s time for a quick follow-up on yesterday’s “all associates” meeting at Winston & Strawn. Alas, it was a bit anticlimactic. “Just a way for the firm to ruin everyone’s weekend,” quipped a tipster.
According to our sources at the firm, this is what associates were told:

1. Compensation at Winston will remain competitive; no salary cut will be imposed at this time. (The firm froze salaries earlier this year.)

2. Layoffs were necessary, and they have been conducted, but hopefully they’re a thing in the past (although nothing is guaranteed on this score).

So, exactly how many people have been laid off by Winston?

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Morning Docket: 10.13.09

By David Lat

Bank of America Merrill Lynch B of A.jpg* Bank of America’s board votes to waive privilege and disclose the legal advice it received on the Merrill Lynch merger, which could spell trouble for B of A’s outside counsel at Wachtell (depending on the advice given). [New York Times]
* Meanwhile, B of A expands its team for the SEC litigation in the S.D.N.Y. by hiring Paul Weiss (which, along with Cleary Gottlieb, urged the bank to waive privilege with respect to the Merrill merger advice). [Dealbook / New York Times]
* Tort reform, in the form of limitations upon medical malpractice suits, could save up to $54 billion over the next 10 years. [CNN]
* Jon and Kate arbitrate… [People]

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Anatomy of a Dissolution: The Heller Art Auction

By Elie Mystal

Heller Ehrman small logo.jpgIt’s been a long time since we checked in on the ruins of Heller Ehrman. It seems strange that it’s been over a year since Heller Ehrman announced that it was closing its doors.
Everybody that was going to land on their feet after Heller collapsed has presumably landed. Those who never did get a job back in Biglaw post-Heller have hopefully moved on to other lucrative and rewarding careers.
While most of Heller’s employees have moved on, it looks like some of Heller’s things are still looking for new owners. One tipster reports that you can purchase your own little piece of Heller if you want to:

FYI the art from the Heller Ehrman art collection is up for sale at Bonhams New York:

Sale 17421 – Contemporary and Modern Art

Let’s take a look at what fine pieces of art you can score from the demise of Heller Ehrman.

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Non-Sequiturs: 10.12.09

By Elie Mystal

Bear Stearns BSC Above the Law blog.jpg* Is everybody ready for the upcoming Bear Stearns trial? Here’s the pregame information you need to know. [Dealbook]
* In the matter of Jon v. Kate, maybe people don’t have enough sympathy for Jon? I don’t know, China’s “one child” rule looks better and better every day. [Double X]
* With all the talk about increased efficiency in legal services, you’d think that legal services have been ineffectively delivered up until now. [Technolawyer]
* How long should it really take to go from judicial misconduct to judicial apology? [Legally Unbound]
* Did you think my Obama-colored glasses were knocked off when he won the Nobel Peace Prize? [True/Slant]
* Meanwhile, they also give Nobel Prizes for other disciplines. Professor Bainbridge has some thoughts on this year’s winners in economics. [Professor Bainbridge]
* A 24-year-old woman tried to enroll in a high school as a 15-year-old boy. No pictures are available, but I have to assume that was one unattractive 24-year-old woman. [My Law Life]
* A Blawg Review to inspire all the would-be Emperors out there. [Popehat via Blawg Review]

Small Law Firm Open Thread: Family Law / Divorce Law

By David Lat

Star Wars divorce card front.jpgLet’s return to our series of open threads on small law firms in different practice areas. We’ve covered seven fields so far; check them out here.
The latest topic to tackle: FAMILY LAW. This is the area of law that our somewhat cantankerous, dearly departed grandmother urged us to enter. She was firmly convinced that when a couple splits up, the divorce lawyers end up with all the couple’s money.
But not everyone is a fan of this practice area. Dahlia Lithwick, Slate’s fabulous and funny Supreme Court correspondent, previously practiced family law at a small firm in Reno, Nevada. It seems that she found divorce law depressing rather than enriching.
Here’s what Lithwick said during a talk at UVA Law School last year, when we asked what led her to move from practicing law to writing about it:

“One thing that really helps is doing doing divorce law.” After representing clients in their “bickering over the pots and pans,” she said, everything else starts to look much more attractive.

That seems like a rather negative take on the field, doesn’t it? In fairness to family law, it has its upsides.
Find out the advantages of this field — and check out the inside of this greeting card (above right), courtesy of the folks at Pig Spigot — after the jump.

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Hard Up For Cash, Harvard Sells Naming Rights

By Elie Mystal

Harvard Law School seal logo.jpgThere has been quite a bit of coverage on how the recession is affecting the august Harvard University. For example, the undergraduates aren’t getting hot breakfast anymore.
Meanwhile, over at Harvard Law School, things have gotten so bad that HLS is looking to sell off some naming rights to wealthy donors. Tax Prof Blog reports:

The following list provides a representative sample of named gift opportunities. In addition, several naming opportunities exist in the Law School’s Northwest Corner building project currently under construction.

* $25,000,000: International Graduate Student Fellowship Program, The Low Income Protection Plan Program
* $10,000,000: The Harvard Law Library Reading Room, Research Program (Academic/Clinical)
* $5,000,000: Combined Professorship and Research Fund
* $4,000,000: Professorship
* $2,000,000: Visiting Professorship
* $1,000,000: Research Fund
* $250,000: Scholarship/Fellowship Fund
* $100,000: Financial Aid Fund
* $10,000: Revolving Loan Fund

Remember, Harvard is only called “Harvard” because John Harvard had a nice library.
Maybe graduates of Harvard Business School can still afford to make lavish $25,000,000 gifts; alas, graduates of Harvard Law School probably don’t have that kind of flow anymore. But why should they be iced out of the naming game?
After the jump, let me suggest some low-cost naming rights that HLS could sell.

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All the Rage: Fashion Design Litigation?

By David Lat

do not duplicate stamp.jpgWhat should be done to protect fashion designers from copycats? Law professor Gerard Magliocca would probably say nothing, but other observers are more sympathetic to the designers. Law profs Scott Hemphill (recently married) and Jeannie Suk (half of celebrity couple Feldsuk) propose what they call “the squint test.”
Although fashion designs don’t currently enjoy copyright protection, designers who feel they’ve been ripped off do have other options. They can try suing under a theory of trade dress infringement, which is exactly what some of them have been doing.
Trade dress litigation over fashion designs seems as ubiquitous this season as thigh-high boots. Alexander McQueen recently sued Steve Madden, claiming that Madden’s Seryna peeptoe bootie is a ripoff of McQueen’s Faithful model (see for yourself here). Meanwhile, Forever 21, the fashion retailer known for cheap knock-offs, umm, affordable interpretations of designer fashion, has settled a lawsuit brought by Trovata, the Newport Beach clothing company. Trovata claimed that Forever 21 was copying its striped tees, sweaters and blouses.
You can read more, compare the designs, and comment, over at Fashionista (links below).
McQueen Sues Madden: Halle-f*&%#ng-lujah [Fashionista]
Settled & Stuff [Fashionista]

Do You Have Portable Business? There’s an Opportunity for You on Craigslist

By Elie Mystal

Craigslist small.jpgI don’t think there are a lot of people who have been working in Biglaw for only four years and are sitting on a portable book of business. But, if you are, this Craigslist posting may be for you:

ATTORNEYS WITH BOOK OF BUSINESS ONLY! NYC (Midtown)

I am starting my own law firm, and will be soon opening my law firm based in downtown NY, I am currently the head of a corporate group at a large fim and I seek entrepreneurial attorneys (attorneys ONLY) to join as either potential partners or for Of Counsel positions to help establish presence in New York, and other major markets. Only attorneys already admitted in NY may apply.

The law firm is seeking lawyers with experience in a range of different practice areas, principally in Securities, Capital Markets, FINRA Arbitration and Securities litigation, also including, but not limited to, general corporate, real estate, tax, energy, tort , intellectual property (including patent, trademark, copyright and technology licensing), white collar criminal defense, litigation, commercial litigation, international and/or labor & employment law.

Successful candidates will have self-sustaining practices as well as a strong desire to work in a collegial, collaborative, flexible and entrepreneurial environment law firm or become part of building their own firm as Of Counsels or join our starting firm benefiting from large marketing, the ability to show prospective clients that they are with a large firm rather than sole practitioneers and cross refer business clients and retain their relations with their clients and increase their portofolio.

Don’t you usually look for a professional headhunter to fill a position like this? I just can’t imagine a person with a self-sustaining practice looking to lateral over Craigslist.
Then again, check out the minimum qualifications. The candidate this firm is looking for might not exist.

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