Archive for February 2010

This Week in Layoffs: 02.28.10

By Law Shucks

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.
How many times have we heard this before?

The number of Americans filing first-time claims for unemployment insurance unexpectedly increased last week, a sign that the economic recovery will be uneven as the labor market struggles to rebound.
Initial jobless applications rose by 22,000 to 496,000 in the week ended Feb. 20, the highest level in three months, Labor Department figures showed today in Washington. The total number of people receiving unemployment insurance gained and the four- week moving average of weekly claims jumped close to a three- month high.

At least it’s not just the employment sector that’s reporting bad news.

In the last week alone, reports on new and existing home sales, jobless claims, durable goods orders, consumer confidence and manufacturing have all missed expectations. Worries about a Greek debt default spreading to other vulnerable European nations have resurfaced — after quieting for a few weeks.

On the other hand, fourth-quarter earnings were spectacular compared to year-ago numbers. The financial sector, which spins off so much legal work, dragged overall earnings up 201% compared to last year – even without that segment, earnings were up 16%. It’s not clear yet whether strengthening corporate financials will be able to recover over the drag of economic data.
Meanwhile, it was all quiet on the law-firm front this week. Details after the jump.

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Quote of the Weekend: Bad Math

By Kashmir Hill

They’re overlawyered. They’re poisoned by lawyers.


– Harry Markopolos, on what’s wrong with the SEC.

For New Yorkers Without A Snow Buddy This Weekend…

By Kashmir Hill

Thumbnail image for Courtship connection.jpgWe encourage you to put your love life in our hands. We’re accepting participants in Courtship Connections through Sunday. We have nearly 100 lone legal eagles thus far. Over 60% of respondents are between the ages of 26 and 30, with slightly more females (53%) than males.
This weekend is the last chance for New Yorkers to sign up. We’ll start playing Cupid in March. For those who have already responded, look forward to an email from us soon.
Satisfaction is not guaranteed, but we’ll do our best. If you’re NYC-based, single, and into the legal type, fill out our survey.
Earlier: Getting Back Together with ATL Courtship Connections (Calling all single New York lawyers….)

Musical Chairs: Sonnenschein Internet Practice Group Leaders to Launch New Boutique

By David Lat

Sonnenschein logo.jpgToday is the last day at Sonnenschein Nath & Rosenthal for Marc Zwillinger and Christian Genetski — the chair and vice-chair, respectively, of SNR’s internet practice group. Their bios have already been removed from the Sonnenschein website (our links go to cached versions), and if you email them — as we did, to confirm the news — you receive an out-of-office auto-reply announcing their departure (and providing contact info for their new firm).

They’re leaving to start a boutique law firm, Zwillinger Genetski LLP, which opens for business on March 1. Zwillinger and Genetski will be joined by several associates and staffers who are currently at Sonnenschein.

“We are very excited about our new firm,” Marc Zwillinger told ATL. “As for our departure, it couldn’t be more amicable.”

How amicable? Let’s find out.

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Non-Sequiturs: 02.26.10

By Elie Mystal

Vancouver Olympics logo.jpg* Sorry, I can’t think of anything less important than the stupid Winter Olympics. I wouldn’t grant anybody a continuance in order to participate in reindeer games. [BL1Y]
* Blackmailing people into having sex with you is wrong. I do not support sexual extortion. Is that clear? Okay. Now, please take a look at this teen, he’s an evil genius. [Wired]
* Dechert is being shamed in England. [Roll on Friday]
* If you defer happiness, it might leave your sorry ass and find other employment. [WSJ Law Blog]
* I just assumed every contestant on The Bachelor had a sex tape. [Popsquire]
* How to avoid having sex while in law school. [Legally Noted]
* Gawker thinks Lat’s latest porn fetish requires immediate medical attention (last item). I got to watch him do it in a train station on the way back from Boston. It’s … pretty disturbing. [Gawker]

Former Maryland Law Dean Asked to Return ‘Questionable’ Compensation — But Will She?

By David Lat

University of Maryland School of Law at Baltimore.jpgToday brings some updates in the controversy concerning the compensation of Karen Rothenberg, former dean of the University of Maryland School of Law. From this morning’s Baltimore Sun:

State university system officials have asked the former dean of the University of Maryland School of Law to return $60,000 in unauthorized compensation and have referred questionable payments totaling $410,000, which were revealed by a state legislative audit, to the attorney general’s office for review.
Chancellor William E. Kirwan revealed those actions and apologized for the audit’s findings at a hearing Thursday before the House subcommittee on education and economic development. He pinned responsibility for the $410,000 in payments on the recipient, former law dean Karen Rothenberg, and on David J. Ramsay, departing president of the University of Maryland, Baltimore.

And Chancellor Kirwan really threw President Ramsay and Dean Rothenberg under the bus….

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Legal Eagle Wedding Watch: Couple of the Year! (Plus New January Couples)

By Laurie Lin

Nyenke-Robinson.jpg
LEWW congratulates Caroline Nyenke and LaRue Robinson, who narrowly edged out Tracy Zuckerman and Ryan Van Grack in Couple of the Year voting to take the 2009 crown. Unfortunately, we have no trophy to award them, but maybe someone will be moved by this honor to buy Caroline and LaRue that cutlery set they still need.
On to our remaining January couples:

1. Chingwin Pei and Adam Pyonin
2. Emily Scharfman and David Menchel
3. Michelle Ko and Tony Wong

Read all about these lawyer newlyweds, after the jump.

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Meet the New NALP Recruiting Guidelines, They’re Substantially Similar to the Old NALP Recruiting Guidelines.

By Elie Mystal

NALP logo.JPGIf it seems I’m hard on the National Association for Law Placement (NALP), understand that it is out of love. We want NALP to succeed. We want them to gather reliable information from law firms; we want them to provide reasonable guidance for law students, schools, and firms. Having an organization like NALP sounds like such a good idea.
As my Dad used to say, “these occasional beatings hurt me more than they hurt you.”
But when NALP releases new provisional recruiting guidelines that address approximately zero issues regarding law firm recruiting, it’s hard not to go to the woodshed and start looking for switches. Here’s the headline news from NALP:

The NALP Board of Directors has announced provisional timing guidelines for the 2010 recruiting cycle, adopting a 28-day rolling response deadline for candidates not previously employed by the employer, and a November 1 response deadline for candidates who have been previously employed by the employer.
This decision comes on the heels of months of member outreach and industry dialogue about the legal industry’s recruiting processes. In a communication to its membership earlier today, the Board reported on the actions taken during its meeting yesterday.

The “old” NALP guideline provided for a 45-day open offer period. So, for those playing along at home, it took NALP a global economic recession and months of discussion for it to shave two and a half weeks off the open offer period. I’ve seen deck chair rearrangements more decisive than this….

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Fantasy Ethics: Cheating on FantasySCOTUS?

By The 10th Justice

The Tenth Justice Fantasy SCOTUS League.jpgEd. note: ATL has teamed up with the 10th Justice to predict how the Supreme Court may decide upcoming cases. CNN has called FantasySCOTUS the “hottest new fantasy-league game.”
In the four months since I launched FantasySCOTUS.net, nearly 4,000 people have signed up, and made nearly 8,000 predictions for the 81 cases currently pending before the Supreme Court. When designing the system, I decided to allow people to make predictions up until the moment a case is decided by the Supreme Court. On days when opinions are handed down, I lock down the voting once I see that the Court has issued an opinion for a specific case. On Wednesday, the Supreme Court announced Maryland v. Shatzer at 10:00 a.m. I did not lock down the votes until around 11:30 a.m. In this period, several members changed their votes to get more points.
Really? Cheating on a Fantasy League with no cash prizes? What would motivate someone to do this? And what should I do about it?

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If You Bail on Biglaw, Do You Have to Repay Your Deferral Stipend?

By Kashmir Hill

Thumbnail image for Red Cross public interest deferral stipend.JPGLast week, we wrote about an interesting claim made by Russ Ferguson in the American Spectator. The Georgetown Law grad suggested that fellow deferred grads who had a taste of the sweet nectar of the public interest lawyer lifestyle may not be willing to swallow Biglaw when the time comes. Even with a six-figure salary to help it go down.

We were skeptical. Law Shucks thinks he’s batsh*t crazy. However, when we polled the deferred — in our admittedly unscientific survey — a third of them said they were done with Biglaw:
Public interest deferral stipend poll results.jpg
That made us wonder. If you bail on Biglaw, what are the firm’s expectations when it comes to that $40k – $80k in go-away-and-play-for-a-year money?

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Job of the Week: Can You Smell the Ocean?

By Above the Law

Thumbnail image for Job of the Week Lateral Link ATL logo.gifWe often get excited about the Job of the Week, but this one is particularly delicious. If we were junior litigators, we’d do 100 trips up and down the Santa Monica stairs just to apply to this spot (which is convenient, since they are nearby).
A top-notch boutique firm, overlooking the ocean, with no billable hours and a compensation package that could be two to three times market…. What’s the catch? You have to have graduated from the top of your class at a top 10 law school. This position is a Lateral Link exclusive, so if you are interested in being considered for it, contact the good folks over at Lateral Link.
Position: IP Litigation Associate
Location: Santa Monica, CA
Description: An IP litigation boutique seeks an attorney with 1 to 3 years of experience. The successful candidate would be expected to quickly develop the skill and experience needed to run his or her own cases, draft and argue key motions, take depositions, manage client relationships, handle settlement negotiations, and participate in arbitration and trial.
Compensation will depend in part on experience level but will be market-competitive and consist of a base salary and firm-revenue-based bonus. There is no cap on the upside. Compensation may surpass market rates by a multiple of 2-3 times, depending on firm revenues. A clerkship bonus is also available.
Requirements and a link to the full listing, after the jump.

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New York Governor David Paterson Will Not Seek Reelection

By Elie Mystal

New York Attorney General Andrew Cuomo, you’re up….

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Utah Punishes Failed Mothers

By Elie Mystal

Pregnant working mother.jpgIs a miscarriage murder? In Utah, they aren’t quite going that far, but they do want to punish women who “recklessly” miscarry. The Salt Lake Tribune reports:

The Utah Senate has joined the House in allowing homicide charges against expectant mothers who arrange illegal abortions.
The bill responds to a case in which a Vernal woman allegedly paid a man $150 to beat her and cause miscarriage but could not be charged. The Senate on Thursday approved HB12 on a vote of 24-4, criminalizing a woman’s “intentional, knowing, or reckless act” leading to a pregnancy’s illegal termination. It specifies that a woman cannot be prosecuted for arranging a legal abortion.

The bill awaits the Governor’s signature.
How do you say “overbroad” in language a Ute would understand?
It seems to me that applying a recklessness standard to prenatal care is Utah’s way of saying “If you are pregnant, you best be barefoot.”
So, what might the Utah law penalize?

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Craigslist Post of the Day: Top-Tier Law Degree ($59,250)

By Kashmir Hill

Law Degree on Craigslist.jpgThis should sound familiar to many of you: After several years of practicing law, a San Francisco lawyer has come to regret the decision to go to law school.
Unlike many of you, this lawyer has decided to try to hawk their law degree on Craigslist. From the “For Sale – Collectibles” section of SF Bay Area Craigslist:

Though I spent over $100,000 on it I am willing to sell it for the bargain basement price of $59,250, which is the current value of my remaining student loan balance.
This priceless collectible will permit you to be surrounded by hobby-less a**holes whose entire life is dictated by billing by the hour and being anal dickheads. Additionally, this piece of paper has the amazing ability to keep you from doing what you really want to do in life, all in the name of purported prestige and financial success.

Let’s take a look at the full ad, shall we?

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Morning Docket: 02.26.10

By Elie Mystal

Charlie Rangel.jpg* House ethics panel reminds everybody why Charlie Rangel needs to resign now. [New York Post]
* Snow and trees conspire to commit homicide. [Daily Beast]
* But only killer whales have the malice aforethought to commit murder. [USA Today]
* Activia is full of s***. [Cleveland.com]
* Malpractice liability gets its place in the sun during yesterday’s health care summit. [National Law Journal]
* Life after Siemens wasn’t great for Debevoise. [Am Law Daily]
* David PaTTTerson needs to abandon his New York state of mind. He’s under too much pressure. [Daily News]

Billy Joel – Pressure
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Hey, Teacher … Give Those Kids Their Grades!
Grades delayed at W&M, UT – Austin… anywhere else?

By Elie Mystal

William and Mary Marshall Wythe School of Law Above the Law blog.jpgHow long should students have to wait for fall semester grades? Two weeks? A month? Some students at William and Mary School of Law are still waiting for fall semester grades — and they might not be alone.

I understand that law professors would rather drink wine straight from the box than grade a paper. It’s an onerous responsibility. But, it is a responsibility. Especially in this economy, where students are scrambling for scarce job opportunities. If a student has an incomplete transcript, or can’t produce a class rank upon request, a prospective employer might well go with one of the other hundreds of resumes flooding his or her inbox.

Last month, a student at the University of Texas School of Law complained that he lost out on a judicial clerkship because of one professor’s grading delay. Above the Law received this email on January 25th:

UT Austin school of law logo.JPGTexas Law’s Student Affairs Office said over the phone this afternoon that Prof. [Redacted] hasn’t submitted grades yet or filed for an extension. UT’s deadline was Tuesday of last week (which is already hilariously late compared to the University’s undergraduate policies). Supposedly, the Law School will dock [the professor's] pay until the grades are in or until he requests an extension, but he’s big pals with Dean Sager.

I’ve already missed out on at least one internship this summer because I didn’t have grades yet. A judge’s office called me to schedule an interview and asked that I bring a transcript. When I mentioned that, as late as Jan 16th, I still hadn’t received a single grade, they went ahead and hired someone else.

We emailed the professor to see if the grades were still outstanding, or why they were delayed in the first place, but he did not respond.

At William and Mary, the situation is such that the class rank of the entire school has been delayed….

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Grades delayed at W&M, UT – Austin… anywhere else?“

Non-Sequiturs: 02.25.10

By Elie Mystal

LA Dodgers logo pin.jpg* Nice to see that the owners of the Los Angeles Dodgers paid less in state taxes than I did. Hey, maybe it’s part of some sweet loophole California included when they decided to steal baseball from New York City because they couldn’t make their own. [Tax Prof Blog]
* Miranda now offers 14-day interrogation protection. [The Volokh Conspiracy]
* Does your firm ever work with forensic accountants? Beware. [Going Concern]
* Ambulance chasing can now be done with laptop. [Althouse]
* I don’t think the Playstation 3 is a useful tool for picking up chicks. But if you’re a cougar who is into little boys, apparently it’s the way to go. [Legal Blog Watch]
* This isn’t strictly legally related. At least not yet. But one day, vajazzle lawsuits are going to be loads of fun. [Gawker]

Bar Exam Open Thread: Reviewing Bar Review

By Kashmir Hill

bar exam success good luck.jpgThe February bar exam is now over, for everyone, everywhere. Rejoice and enjoy that Inuit prostitute.

Some of you have suggested on open threads that things went reasonably well. Others are hot messes, desperately trying to figure out firm policy when it comes to second-time failing of the bar.

Many February takers are bar veterans. Maybe you can advise this soon-to-be lawyer gearing up for the July bar. She’s trying to make her bar review course decision:

I can already see the angry people who say it’s idiotic not to take BarBri. But, honestly, Kaplan’s complete bar review course in Cal. is seeming ever-more seductive. I would love to make an informed decision based on real information, but it appears to not be out there (ie pass rates for the two).

In addition to courses, there are other tools.

Since quantifiable data is lacking, anecdotal evidence shall have to suffice. Who is feeling the least screwed after taking the February exam — your Inuit friend aside — and which bar review course did you take? Or did you eschew a formal course and prepare in some other way? If so, how?

Covington & Burling Partners Did Not Plunder in 2009

By Kashmir Hill

covington burling logo.jpgThis morning, we wrote about the partners at DLA Piper sharing in the pain of 2009. The trend at many firms reporting 2009 numbers has been the revenue line heading south while the profits-per-partner line heads north. At DLA, however, revenue and PPP were down at the firm, so Elie gave them a shout-out for not cutting deeply enough.
But perhaps more striking is Covington & Burling: Last year’s revenue was actually up at the D.C.-based firm — but PPP was down.
Covington is über white-shoe, but this seems oh-so-radical-populist. What happened?

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Pls Hndle Thx: On Multiple Bars & Migrant Workers

By Marin

Ed. note: Have a question for next week? Send it in to advice@abovethelaw.com.

pls hndle copy 2.jpgATL,
I am a junior associate with a good job, but sadly, job security for attorneys in this market is virtually non-existent. Especially in the secondary market in which I work. If I were ever to lose my job, finding another one here would be extremely difficult, despite excellent credentials: T-14 law school, honors, moot court, executive editor of journal, and substantive corporate-law related experience.
Thus, I am considering taking bar exams in some of the major markets (NY, IL, CA, TX) so that I would be licensed elsewhere and could hopefully job-search in a number of cities. Assuming I can still meet and exceed my billable requirement and maintain positive reviews, would I be wasting my time acquiring additional licenses because of the difficulties lateraling from secondary markets or would I be wise to collect bar licenses to expand my job search into several cities should I ever find myself unemployed?
Garbage Collector

Dear Garbage Collector,
Yes…let’s say you embark on this “ingenious” plan of yours, and start scheduling two bar exams a year. What could possibly go wrong?
For starters: after slogging away for 14 hours at work, you’ll arrive home, exhausted. You won’t feel like studying for the 87th day in the row, but since your ringer’s been off for the last three months and you’ve been ignoring personal emails, your friends aren’t talking to you anymore and you might as well crack the BAR/BRI books again this evening. So as usual, you pound a latte and a Marie Callender and study in your filthy apartment until you become delirious and pass out, only to wake up four hours later, pick some rumpled clothes from the floor and drive to work where you’ll attempt to stay awake by eating a bag of Sun Chips having a fan blasting cold air two inches away from your face. But your billables suffer anyway and you’re too lazy to pad them and this all comes to a head when you eventually miss a key issue when reviewing ground leases for a diligence memo. The head partner calls you into his office and fires you, so you text your girlfriend that you got fired and ask if she wants to come over and test you with crim flashcards, at which point she calls you screaming that you’re a selfish asshat who’s turning into Howard Hughes from The Aviator, but you point out that while you may have lost your job because of your incessant bar taking, you now have a large selection of places where you can look for new jobs. After your girlfriend dumps you and retrieves her Wii, you start papering every law firm located in New York, Illinois, California and Texas with your resume, and the three firms that are hiring in those jurisdictions look at your credentials and Google your name, whereupon they discover that you’ve taken four bar exams in the space of two years and assume you are a polygamist with wives in different cities, so they tear up your resume and notify Dateline.
My recommendation is to calm down, stop having heart attacks over a job that you do not appear to be in danger of losing and try for once not to be a complete nerd.
Your friend,
Marin

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