Archive for December 2009

billable hours for 2009.jpgOver the summer, we asked you how your hours were looking for 2009. Survey respondents indicated 2009 billable hours looked to be as scarce as Zhu Zhu hamsters. Almost 20% of respondents said they would have less than 1600 hours this year.
See those results with pretty colors here.
But that survey was in August, so it was speculative. Now we’re nearing the end of the year. Is the 2009 billables outlook still bleak? Or have you been spending this fall racking up the hours?
New survey after the jump.

double red triangle arrows Continue reading “Counting the 2009 Hours: An End-of-the-Year Follow-up”

Morning Docket 12.03.09

David Lat Judge Denny Chin.JPG* Judge Denny Chin unconvinced by Amazon’s plea to withdraw his approval of Google Books settlement. [Bloomberg]
* New York sex offenders purged from MySpace and Facebook. [Wired]
* Victory for the Dems in RNC v. DNC. [New York Times]
* Amanda Knox trial winding down in Italy. [Seattle Post-Intelligencer]
* Wal-Mart to pay out $40 million in wage-and-hour class action. [Boston Globe]

gay marriage skadden.jpgIn a move that is entirely unsurprising, the New York State Senate voted against legalizing gay marriage. Remember this is an institution that couldn’t figure out how to show up at work for a month. I don’t think anybody expected them to actually do the right thing.
The Republicans stood together against gays, and even though the Democrats control a slim majority in the State Senate, they stick together as if they’ve been sprayed with PAM.
Soon-to-be-former Governor Paterson had this to say, according to the New York Times:

Mr. Paterson made an unusual trip to the Senate floor minutes after the last vote was cast, saying, “These victories come and so do the losses, but you keep on trying.”

You know what was particularly annoying about this latest progressive setback? How excited Roman Catholic clergy are about successfully denying rights to people that don’t want to get married in church.
Details after the jump.

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Non-Sequiturs 12.02.09

* This is going to be the funniest thing you see all day. [Legal Blog Watch via The Volokh Conspiracy]

* Now I get the draw of Scientology. You get your own slave. [Courthouse News Service]
* Just because you’re not working as a lawyer doesn’t mean you can’t still have a lot of fun. [Legal Nomads]
* T’ai chi can help a defense lawyer bring perspective to his practice. That’s pretty cool. I practice the ancient art of screaming as loud as I can until blood starts pouring out of my ears. You know, whatever works. [Underdog]
* So, all those firms that have opened offices in Dubai are still golden, right? [Am Law Daily]
* Just to be clear, they take the Sabbath very seriously in Israel. [Transracial]

2009 Associate bonus watch above the law.JPGJudge Halverson has sung. Associate bonus season for 2009 is effectively over, at least in New York. (What happens in the rest of the country — e.g., Washington, D.C. — remains to be seen.)
The venerable firm of Sullivan & Cromwell — the last best hope of associates for higher bonuses, due to its strong year in banking M&A work, led by the unstoppable Rodge Cohen — has basically matched the Cravath scale.
“Basically,” because there’s one catch: at the top of the scale, members of the class of 2002 get $35,000 each (instead of $30,000).
More details — what the full S&C scale looks like, the payable date for bonuses, etc. — after the jump.

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(But raises the ceiling: $35K for Class of 2002)

My Job Is Murder.jpgEd. note: Welcome to ATL’s first foray into serial fiction. “My Job Is Murder,” a mystery set in a D.C. appellate boutique, will appear one chapter at a time, M-W-F, over the next few weeks. Prior installments appear here; please read them first.
Susanna Dokupil can be reached by email at sdokupil@sbcglobal.net or on Facebook.

Katarina, intrigued by Tyler’s phone call, spent a few moments researching batrachotoxin. The poison, produced by phyllobates terribles from South America, is highly deadly, killing a man on contact with only as much as the weight of a few grains of salt. The poison has no known antidote.
She also looked up John Tiburon. A high-level Justice Department appointee, Tiburon had resigned after he had been televised — and identified by name and position — in the audience of a gay marriage rally at a time when the administration was taking a strong line in favor of traditional marriage. He had never revealed his sexual orientation at the office, and he hadn’t sought the publicity. But he had been unhirable for any traditional firm or government position after that.
She kept reading. Tiburon’s biography mentioned that he spent time in Colombia working for the Peace Corps. The Golden Poison Dart Frog, she had just read, is indigenous to certain parts of Colombia.
Curious, she walked down to Thrax’s office, where the detectives were testing for traces of the poison.
“How was he poisoned?” she asked, standing carefully outside the yellow caution tape.

double red triangle arrows Continue reading “My Job Is Murder: Of Constables and Clues”

Career Center AboveTheLaw Lateral Link ATL.jpg
Welcome to Part 2 of our Ask The Experts article on long-term career planning, partnership prospects, and in-house careers, brought to you by the ATL Career Center, powered by Lateral Link
Last week, we shared advice about general career development from the Career Center’s Professional Development panelists: Morgan Chu of Irell & Manella, Mike Woronoff of Proskauer Rose, and Vivian Yang, General Counsel at Citysearch.
This week, we’re back with the panelists’ advice on the specific steps that associates need to take if they want to make partner or move in-house. Click here to read the full article and view other resources on the Career Center.  If you have tips or questions that you would like covered in future Ask The Experts columns, please email careercenter@abovethelaw.com.
Alternatively, you can read Part One here, and Part Two after the jump.

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Georgetown Aleinikoff.jpgBig news today from Georgetown University Law Center. The law school’s dean, T. Alexander Aleinikoff, is stepping down from his position.
But he is leaving Georgetown for a good cause. Dean Aleinikoff will be the new “Deputy High Commissioner in the Office of the United Nations High Commissioner for Refugees in Geneva.”
From law school dean to “Deputy High Commissioner”? That, my friends, is a title bump.
The instant reaction from the (numerous) Georgetown tipsters who sent us the news has been to wish Dean Aleinikoff the best of luck. “He will be missed,” seems to be the prevailing sentiment.
Sam Arora, president of the Georgetown Student Bar Association, had this to say:

“We are sad to lose Dean Aleinikoff but excited to see what he will do on the world stage. Alex’s leadership in expanding Georgetown’s transnational legal curriculum and focus on the future of legal profession has made us a stronger institution.”

And so Georgetown becomes the latest law school in search of a dean. I tell you what, some of these deferred or laid off associates need to get on the “dean track.” There are seemingly always opportunities available for people who want to run a law school.
Read the full goodbye letter after the jump.

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hitler as a 2l berkeley.jpgIn parsing the fate of law school students, there’s no point in talking about the 3Ls. Their chances of success in the job hunt are about as bright as Obama’s prospects of winning the war in Afghanistan. In other words, abandon hope all ye who enter here.
The 1Ls can actually pray the economy will improve. And unlike the poor 3Ls, they knew what they were getting into when they enrolled this fall.
But what about the 2Ls? They have a year and a half more to stay in the law school bunker. Is that long enough for the economy to pick up and for firms to open their wallets doors to draw them close to the Biglaw bosom? Many 2Ls report that their dance cards for the summer are empty.
But there may be hope for current 2Ls without summer suitors, reports Zach Lowe at AmLaw Daily. Some firms are coming back for another round:

[A] small number of those 2Ls stand to benefit from an added mini-round of recruiting, which law school officials and firm recruiters attribute to the cautious stance some firms took the first time around in August and September. The reason, according to about a dozen sources we interviewed: Firms shooting for smaller class sizes limited their offers to the best of the best in the class of 2010. The students in that group found themselves with several offers to choose from, leaving firms short of the already smaller-than-usual targets they’d set. Now those firms are going back to top law schools and asking about candidates who have not yet secured a gig for summer 2010, according to career services deans at law schools, law firm recruiters, and industry groups.

Which firms are still looking? What are they looking for? And, if Adolf Hitler was a 2L, what would he do?
Find out after the jump.

double red triangle arrows Continue reading “Hope for Second-Year Law School Students?
(And: If Hitler Were a Berkeley 2L)

2009 Associate bonus watch above the law.JPGYesterday we reported that Patton Boggs was having an all associates meeting and wanted its people to be there in person.
With everybody gathered around, Patton Boggs unleashed a torrent of news. First things first. Here’s the bonus announcement, from a statement the firm released to Above the Law about the meeting:

As usual, we are rewarding associates who exceed their billable hour goal with our annual bonus program. Bonuses will range from $5,000-$45,000 depending on class year and the number of hours by which an individual target was exceeded.

In addition, the firm plans to offer merit bonuses in January as part of the associate evaluation process.

Well, the New York market starts at $7,500, so the low end of the Patton Boggs scale is below the bottom of the NYC scale. But at the top end, Patton Boggs is paying more than the Cravath scale.
It is worth noting, of course, that Cravath and other top New York firms pay bonuses to everybody, not just those who “exceed their billable hour goal.” In this market, is anybody actually billing anything like 2400 hours? It could be that Patton Boggs’s big top number is a payout only a couple of people will actually receive.
And the bonus news was the good news to come out of the meeting. The other news is after the jump.

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ABA Journal Blawg 100 2009 badge.jpgThe legal blogs selected for the ABA Journal Blawg 100 have been announced. In case you’re not familiar with this fine tradition, now in its third year, the Blawg 100 are “the 100 best Web sites by lawyers, for lawyers, as chosen by the editors of the ABA Journal.”
The 100 websites are divided into various categories, and then readers vote for their favorite in each. This year, Above the Law is defending its title in the News category. Although we are up against some excellent competition — check out all the nominees here — we hope you’ll do us the honor of voting for us.
This year the voting process is a little different. You need to be a registered user of the ABA Journal website in order to vote. Registering is free and easy; you can do so here. Voting ends on December 31, 2009.
We have many friends in the legal blogosphere, so we will refrain from making endorsements in the other categories. If you’re looking for voting guidance, though, feel free to check out Marc Randazza’s picks over at The Legal Satyricon.
Congratulations to all the Blawg 100, and good luck to everyone in the reader voting. May the best blog(s) win!
ABA Journal Blawg 100 – News [ABA Journal]
ABA Journal Blawg 100 – All Categories [ABA Journal]

Crushing Debt Obligations.jpgI spent all day yesterday trying to summon the rage, trying to figure out a way to trumpet the cause of a sixty-something, recent law school graduate who is still having trouble discharging her student loans in a bankruptcy proceeding. The National Law Journal has the tear-jerking story:

When she graduated four years ago with a law degree at the age of 61, Denise Megan Bronsdon likely did not foresee bankruptcy court in her future. But that’s where she ended up — as a debtor.

The former farmer’s wife, who operated a tractor before going to Southern New England School of Law in 2002, convinced a Massachusetts bankruptcy court in January that repaying the more than $82,000 she owed in student debt would create an undue hardship. However, the U.S. District Court in Massachusetts, considering an appeal by the lender, Educational Credit Management Corp., found on Nov. 20 that Bronsdon’s decision not to participate in a loan repayment assistance program should be part of the bankruptcy court’s undue hardship analysis.

If I was half the man I used to be, I’d take a flamethrower to this place. Hoo-Ha!
But the problem with my flamethrower is that I do not know where to point it. I could get angry at the entire system that makes student loans so difficult to discharge through bankruptcy. Or I could get mad at the law school that essentially stole this woman’s money. Or I could get angry at the woman herself — who failed the Wisconsin bar three times.
Oh, I know, let’s get pissy at all of them.

double red triangle arrows Continue reading “Discharging Law School Debt in Bankruptcy Doesn’t Get Any Easier When You Are Old”

Morning Docket: 12.02.09

Michaele Salahi Michele Salahi Michelle Salahi Salehi Joe Biden Vice President Joseph Biden Facebook.jpg* The fourth time’s a charm — or at least another mistrial, no conviction — for accused mobster John Gotti Jr. [New York Times]
* Anyone have a referral for a Florida divorce lawyer? Tiger Woods, liable for careless driving, may be guilty of infidelity too. [Us Weekly]
* The alleged White House party crashers, Tareq Salahi and his wife Michaele — pictured at right, with VP Biden — are under scrutiny for their charity polo event, which has spawned extensive litigation. [Washington Post]
* The Arizona detention officer who was found in contempt after swiping a file from a defense lawyer spent last night in jail (even though he didn’t have to, due to a clerical error). [Heat City via Carlos Miller]
* Additional arrests may be forthcoming in the wake of the Washington state cop killings. [CNN]
* Google plans to place limits on how much free news users can consume from a single source. [AP]

billy blanks tae bo seyfarth shaw above the law.jpgBack in February, we covered a legal malpractice lawsuit brought by Billy Blanks, the Tae Bo king, against his former firm, Seyfarth Shaw. A jury found in Blanks’s favor and issued a $30 million verdict, but that verdict was overturned on appeal, due to flawed jury instructions. A new trial is set for July 2010.
In the meantime, an interesting related lawsuit has been filed. As reported by Leigh Jones in the National Law Journal (via the ABA Journal), William Lancaster, a nonequity partner at Seyfarth Shaw, has sued his own firm. And he’s pulling an Aaron Charney — he’s still working for the firm he’s suing, in the Los Angeles / Century City office, and he’s still on the website. That sounds a bit awkward.
Lancaster, a former equity partner at Seyfarth Shaw, alleges that he was the subject of an unfair demotion and associated pay cut. His complaint constitutes an indictment of Seyfarth’s overall firm culture, which he claims has sacrificed values of professionalism and collegiality on the altar of Mammon.
More juicy details, including internal emails and a link to the full complaint, after the jump.

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Partners told to ‘hustle for cash,’ congratulated for ‘prying cash out of clients’ hands.’

Non-Sequiturs: 12.01.09

Washington and Lee Law logo.JPG* Washington and Lee Law School Dean Rodney Smolla is a finalist to become the new president of Furman University. But he’s only been at Washington and Lee like a semester. So, some students aren’t very happy about the possibility of Dean Smolla jumping ship. [Greenville Tribune-Times]
* Two law firm business models enter. Only one will survive. [Techno Lawyer]
* Has the recession been a net positive for female attorneys that were able to hang onto their jobs? [Ms. J.D.]
* Hertz is suing Audit Integrity for libel? Not exactly. [Going Concern]
* Martindale-Hubbell apologizes. [New York Personal Injury Law Blog]
* Westlaw isn’t just going to sit back and let Google Scholar and Bloomberg Law bite at its ankles, is it? [Law Librarian Blog]
* A dramatic re-enactment of a SCOTUS argument. And you can listen to it for CLE credit. [IP Colloquium]
* Most wanted white collar criminals. [Business Insider]

  • 01 Dec 2009 at 4:32 PM
  • Crime

Kick-A-Ginger Day Draws Light Punishment

Kick a ginger day.JPGJust before Thanksgiving, I lightly mentioned Kick-A-Ginger day. In case you missed it, some kids at a California middle school used Facebook to organize a day of beating on redheaded children like they were redheaded step-children.
Parents of children at a Calabasas middle school were understandably horrified when they learned that 12-year-olds and 13-year-olds were running around hitting gingers.
Apparently, the attackers have been identified. The L.A. Times reports:

In Calabasas, an affluent community northwest of Los Angeles, school officials have identified nine children believed to be responsible for the assaults but their investigation is continuing. Eleven victims have come forward.

But will their punishment be tough enough? The school has already taken one (weak) response, but some parents want more.
Details after the jump.

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brown crouppen.jpgAdventures in Lawyer Advertising is a recurring feature here at Above The Law, where we highlight, um, noteworthy advertising by lawyers and law firms.
Last week, we brought you questionable imagery from a Texas criminal defense firm. (They’ve since removed those photos — thank goodness for screen shots.) The newest addition to this series is an injury and accident firm in Missouri: Brown & Crouppen.
In a series of YouTube videos, the “three high powered lawyers” act out their conversations before heading to trial. A memorable line: “I love the smell of insurance company sweat in the morning.”
Our favorite of the three videos after the jump.

double red triangle arrows Continue reading “Adventures in Lawyer Advertising: Muscle, Talent, Results, and Terrible Acting”

Tiger Woods Rachel Uchitel Elin Nordegren.jpgUPDATE (3:07): The Florida Highway Patrol (FHP) just held a press conference. FHP announced that Tiger Woods was found “at fault” in his traffic accident, guilty of careless driving. The fine is $164 and four points on his driving record. This ends the Florida Highway Patrol’s investigation.
FHP determined “that there was insufficient evidence to issue a subpoena for any further evidence. There are no claims of domestic violence by any individual.”
Hmm… No evidence, you say? It looks like not talking was in fact the smart thing to do.
* * * * * * * * *
Lawyers, members of the bar, law students, and others with a smattering of legal training: we all have a duty to stand up and defend Tiger Woods’s decision to keep his mouth shut. The mainstream media has this story completely wrong, and it is up to us — those blessed with a basic understanding of criminal jurisprudence — to educate the public about why Tiger is staying silent. We must explain to our mothers and fathers and doormen and bodega owners that Tiger probably has to keep his mouth shut, in order to keep his wife out of jail.
I’ve explained elsewhere that we are looking at a potential domestic violence situation. If some of the reports are true, Elin Nordegren attacked her husband, allegedly threatening him with a golf club.
Now this is the part that laypeople seem to be having difficulty grasping. Just because Tiger is a man doesn’t mean he gets to decide whether or not his wife gets prosecuted for domestic violence. Criminal law doesn’t work that way. If the police find that Elin Nordegren assaulted Tiger, then this process gets taken out of Tiger’s hands. Right now, shutting up is the only thing Tiger can do if he wants to retain a modicum of control over the situation.
Especially in Florida.
More details, after the jump.

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Patton Boggs logo.jpgWhat is going on, D.C.? As you know, Above the Law will be inside the Beltway tomorrow. And we know a lot of D.C. associates are wondering whether their bonuses will be on the level that Cravath has set for the New York market.
We could be getting our first piece of solid information on that front later today. Tipsters report that there is big meeting scheduled at D.C.-based Patton Boggs today:

Firm-Wide Associate Meeting Today at Patton Boggs

About 2010 salaries and the automatic hours bonuses. 2:30.

The Firm usually lets associates call in but said that if they wanted to attend or comment they had to be in the conference rooms in person. Kind of unusual.

So Patton Boggs wants to make sure everybody is there in person to discuss salaries and bonuses. Maybe it’s bringing all the associates together to announce a raise and a market-busting bonus? The glass is half-full — at least it looks that way through my rose-colored glasses.
We reached out to Patton Boggs spokespersons, but they were not able to provide us with an immediate comment.
We’ll keep you posted here if new information comes to light later today.
Earlier: Prior ATL coverage of associate bonuses

Faegre and Benson logo.JPGYesterday, we reported on Thanksgiving week layoffs at Faegre & Benson. Our sources reported that between six and ten people were let go from just before the holiday.
The firm responded after our post went up. Faegre & Benson spokespeople denied that the firm laid anybody off:

Faegre & Benson did not lay off any associates last week. We did, as announced to Above the Law at the time, reduce our lawyer headcount in February 2009.

But associates we’ve spoken with still claim that they were, in fact, laid off last week.
Notes from our sources after the jump.

double red triangle arrows Continue reading “Faegre & Benson Layoff Update: Firm Denies, Associates Disagree”