Archive for April 2010

Birthers, Are You Happy Now?

The state of Arizona — best known for being one of the last states to recognize Martin Luther King Jr. Day — has just given birthers a minor victory. The WSJ Law Blog reports:

The Arizona House approved a bill Wednesday that would require presidential candidates to show his or her birth certificate in order to be on the state’s ballot.

In other words, if President Obama wants to appear on the Arizona ballot in 2012, he just might have to produce his birth certificate.

Now the bill goes to the Arizona State Senate. If it passes there, current Arizona Governor Jan Brewer (R) will have quite a decision — give into the far right of her party, or risk their wrath.

But let’s not get ahead of ourselves. Even if all the moons align for the birthers, there’s still one big problem…

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Let’s continue our march through the U.S. News law school rankings. Today we finish up the traditional top-14 — and we’ll throw in the schools tied for 15th, because we’re pretty sick of hearing UT and UCLA students whine. To refresh your memory, here’s the next group of schools:

6. NYU
7. Berkeley
7. Penn
9. Michigan
10. UVA
11. Duke
11. Northwestern
13. Cornell
14. Georgetown
15. UCLA
15. Texas

All joking aside, dropping to #6 is really not that big of a deal. NYU Law students will be fine — check out how the kicked it on the basketball court just after the rankings came out…

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Former Illinois governor Rod Blagojevich has been charged with corruption for — among other things — allegedly attempting to sell Barack Obama’s vacated Senate seat to the highest bidder. Blagojevich has not been hiding from the public eye. Since being charged, he has appeared on the Late Show with David Letterman and competed in The Celebrity Apprentice (Donald Trump fired him in the fourth episode).

The trial is set for June 3. Blagojevich’s defense team is sparring with federal prosecutors over the 500 hours of recordings from secret FBI wiretaps, and how they should be used at trial. The big-haired former governor wants jurors to sit through 200 hours of tape.

Blagojevich’s love of being on camera has not faded. He has a J.D. from Pepperdine, but must have a certification in spin and cliché from some other venerable institution. He issued a challenge to U.S. Attorney Patrick Fitzgerald at a press conference on Tuesday. The bombastic display drew media cameras, but didn’t do much to bring the judge around to his side. A round-up of Blagojevichisms from Tuesday’s press conference, after the jump.

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Morning Docket 04.22.10

Judge Diane Wood

* Arizona State is paying out $700,000 for turning the Havasupai tribe into unwitting genetic guinea pigs. [New York Times]

* Jan Crawford confirms shortlist of ten potential Supreme Court nominees with the White House. There are some new names there, including Seventh Circuit judge Ann Claire Williams and someone named “Elana Kagan.” [Crossroads/CBS]

* If Judge Diane Wood can handle Posner and Easterbrook, she can handle Scalia and Kennedy. [New York Times]

* New addition to the Third Circuit: Judge Thomas Vanaskie. [Wilkes Barre Times Leader]

* Doing civil rights work just got even less lucrative. [Washington Post; New York Times]

* The Pennsylvania spycam school explains the 56,000 web shots that turned up in discovery. [True/Slant]

Lat here. Today’s topic: transparency in how law schools report their graduates’ “employment outcomes” — i.e., the jobs that their graduates obtain.

When we attended admitted students’ weekend at Yale Law School — back in 1996, so almost 15 years ago — we were given detailed lists showing where the past few classes ended up working. The graduates were listed in alphabetical order, and below each person’s name was the name and address of their employer. For prospective law students, it was reassuring to see so many federal judicial clerkships and large law firms on these lists. The implicit message: if you graduate — or when you graduate, since we’re talking about YLS, not known for failing people (although it does have grades) — you will be able to secure a good job.

Alas, we understand that not all law schools are so forthcoming about where their alumni end up working (or not working, in this economy). There have been widespread allegations of law schools gaming the system, by massaging or manipulating the employment data they report to the American Bar Association and, perhaps even more importantly, to U.S. News & World Reports (for use in the magazine’s highly influential law school rankings). There have even been claims of law schools outright lying about how many of their graduates wind up employed, where they end up working, and how much they earn from these jobs.

Most observers are content just to complain about law schools not being forthcoming enough about employment information. But two enterprising law students at Vanderbilt — Kyle McEntee and Patrick Lynch, a 2L and 3L, respectively — are doing more. They’ve started a nonprofit organization, Law School Transparency, which has the goal of “encouraging and facilitating the transparent flow of law school employment information.” They’ve also written a paper, A Way Forward: Improving Transparency in Employment Reporting at American Law Schools (SSRN download), proposing a new approach to reporting of job outcomes by law schools.

More details and links — plus commentary from Elie, who feels strongly about this issue — after the jump.

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Non-Sequiturs: 04.21.10

* If you’re a pro athlete and get fined, is the fine deductible as a business expense? [Going Concern]

* If you are a pro athlete who gets accused of rape on the basis of evidence so flimsy that the D.A. can’t even bring charges, you can still get suspended. [Washington Post]

* If you’re a former debater — many notable lawyers and judges are — then this event in New York tomorrow night might interest you. [New Yorker]

* Jonathan Moss, former general counsel to Gucci and former Lawyer of the Day, argues that his inactive status is no big deal. [ABA Journal]

* Should Pope Benedict be arrested when he visits England? Romans should always be wary when entering Britain. [Infamy or Praise]

* Speaking of the Catholic Church and the child sexual abuse scandal…. [Bad Lawyer]

* Former SEC chairman Harvey Pitt thinks that the SEC’s going after Goldman is risky business. [Daily Beast]

* Have a burning question you’d like to ask about the Supreme Court? They’re listening. (Drop it in the comments.) [BackStory With the American History Guys]

I am a lawyer, not a lobbyist. Goldman Sachs has hired me as a lawyer — to provide legal advice and to assist in its legal representation — and that is what I am doing.

Greg Craig, former White House Counsel and now a partner at Skadden, explaining why he is not bound by the president’s ethics policy barring former White House officials from lobbying for two years after leaving office.

Back in March, a couple of 3Ls took it upon themselves to try to pressure Mayer Brown into letting them know their start dates. You know them as “Rosencrantz and Guildenstern,” though Rosencrantz later revealed himself to be NYU 3L, Chuck Egbuonu (a.k.a. Mr. Chuck).

Chuck and his cohort were widely criticized for essentially threatening the firm with a “public relations nightmare” unless Mayer Brown told them when they could start. Eventually Mr. Chuck reported that he had spoken with Mayer Brown regarding start dates:

I just received a phone call from partners at Mayer Brown informing me that decisions are being made as we speak, and we will be informed of the decisions in a timely manner.

We published that story on March 5th. Today is April 21st. Apparently Mayer Brown’s understanding of the phrase of “timely manner” is much like the South’s comprehension of the phrase “with all deliberate speed.”

Incoming Mayer Brown associates are about to graduate and need to know where they are going in a couple of months. But Mayer Brown seems content to make their new hires wait, and wait, and wait…

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Career Center AboveTheLaw Lateral Link ATL.jpgThe ATL Career Center, powered by Lateral Link, is constantly being updated with responses from users and the latest news from the legal markets.  While layoffs seem to have abated for the most part, many firms are now coping with the effects of the economic downturn by making major changes to compensation structures and partnership prospects.

  • Click here to find out what kind of salary increase associates at a certain Chicago-based firm can look forward to under the firm’s new compensation structure.
  • Click here to find out what associates at a certain "pedigreed" New York firm think about their chances for partnership under an increasingly "up and out" promotion system. 

Use the Career Center’s firm snapshots and comparison tool to find the most up-to-date information on compensation structures, benefit programs and layoffs at dozens of Big Law firms across the country.

As always, we encourage to send information about your law firm experience to careercenter@abovethelaw.com.

If you followed my reports from the Future of Legal Education conference, you’ll note that “experiential learning” was a big buzzword among those contemplating how to make their students more desirable to potential employers. Many law school deans and faculty touted their school’s experiential course offerings, ranging from traditional clinical courses to for-credit externships.

Many law students — especially ones staring at the terrible market for recent graduates — feel that these programs will help them get jobs. Why wouldn’t they? Traditional legal education doesn’t seem to be helping them, yet their law schools keep jacking up tuition.

This month, students at Georgetown University Law Center decided that GULC’s for-credit externship opportunities were not on par with the offerings at other peer institutions. The GULC Student Bar Association put together a proposal for the faculty that called for more resources to be put into the school’s experiential courses. The SBA also wanted more school credit given for externships. The proposal seems to be in keeping with what employers claim they want from law school graduates: better practical training, better understanding of client services, better legal problem solving. Isn’t that the wave of the future?

No, according to a very vocal minority of Georgetown faculty. The proposal touched off a serious debate on campus. And some professors have gotten into the fracas with heavy-hitting arguments against the proposal…

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Can lawyers love one another? ATL Courtship Connection is our attempt to matchmake legal types. Initially, I had some successes. But if you’re a regular reader of this column, you know that the last few have been the worst kind of first dates: not great, not disastrous, just kind of “eh.”

This column’s tale is similar. I set up two gay Biglaw attorneys who both named Justice Breyer as their favorite Supreme Court justice. Alas, a shared appreciation for SGB’s pragmatism did not lead to any liberal love.

Feeling discouraged, I sought out a professional. I reached out to Lisa Clampitt, a high-end matchmaker at VIP Life who started her Cupid career under the tutelage of Millionaire Matchmaker Patti Stanger, and founded the Matchmaking Institute here in New York. She manages the social calendars of 30 high-earning lawyers, doctors, financial analysts and entrepreneurs at any given time. She offered some insight on matchmaking those with JDs.

I asked her if her lawyer clients differ from her other high-earning bachelors:

Lawyers tend to have a strong analytic/cerebral element, which is helpful at the office but not necessarily in the dating world. Lawyers can bring skepticism and caution to a date that can sometimes be a little off-putting at first glance.

When setting up a lawyer, it is actually helpful to pick matches that have complementary characteristics that help to create balance. A more artistic and creative energy can be a great match for a more rational/analytical personality type.

Uh oh. Is Courtship Connection doomed?

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

Dear ATL,

What is your take on young associates taking pseudo-legal positions for the time being?  I am strongly considering taking a job in DC (after all, it beat my current location, Chicago, in your brackets) with a federal agency.  The position technically doesn’t require a J.D., though it will increase the pay.  It is not ideal, but it is in my practice area.  Also, the pay would be more than I have ever made, and the benefits, oh the glorious federal benefits.

My dream job would be a mid-sized boutique law firm.  But (1) they generally aren’t hiring anyone right now, and (2) they specifically aren’t hiring me right now. Will no one want to touch me in a couple years because I will not have been in a firm and have been “inactive” for a couple years?

-Even Better Than the Real Thing

Dear Even Better Than the Real Thing,

Last week A few years ago, as I was rifling through my baby book looking to see if any of those damn $50 Israeli bonds had matured, I came across that classic nursery arts & crafts project, the “what I want to be when I grow up” booklet. It’s always hilarious to read things your young self once wrote, and I was curious to find out if early me could have possibly envisioned the wild success and embarrassing wealth that I currently enjoy as a weekly blogger for this site.  Apparently early me didn’t dare to dream that big, as I had only hoped to become a ballerina and a model.  The point of the story is that sometimes our early dreams are derailed, but they’re often replaced with a reality that is SO much better. You dream of a midsized firm, but I say, dream bigger: one day you could work at a 500+ attorney firm or, god willing, a mega firm….

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Ed. Note: Our post on harsh rejection letters generated a lot of talk among people interested in applying to Small Law jobs. Donna Gerson — the author of Choosing Small, Choosing Smart — provided us with a list of tips that former-Biglaw associates should consider when applying to smaller firms.

I spend an enormous amount of time interviewing small firm practitioners throughout the U.S. and speaking to law students about the expectations small firm lawyers have when it comes to interviewing, hiring, and promotion.

The feedback from SOLOSEZ, the ABA’s solo and small firm mailing list, was on point. Take the time to write to an actual person at the firm and never use a “To Whom It May Concern” salutation. Mass mailings are the kiss of death and lawyers know when they’re getting a mail-merge monstrosity. Know what practice areas the firm engages in and write a cover letter that addresses one’s interest in those practice areas. An applicant’s cover letter ought to connect the dots for an employer and not simply recite one’s résumé. And – of course – job-seekers need to clean up their Internet presence. I cannot even begin to tell you some of the atrocious (and hilarious) stories I’ve heard over the years from legal employers about Facebook.

So what should former-Biglaw associates keep in mind when applying to Small Law?

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Somebody bought this degree off Craigslist

What do you think the resale value on your law degree is? Earlier this year, a San Francisco lawyer put his degree up for sale on Craigslist and found out.

The Georgetown grad was miserable working for a large law firm in Silicon Valley. So he quit and posted his degree in the Craigslist “For Sale” section for “the bargain basement price of $59,250″ — the current value of his student loan balance — or best offer. He hoped to get rid of the piece of paper with “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.”

Back in March, the best offer had come from a documentary filmmaker who offered to give the miserable lawyer $50 to “piss on the diploma and then set it on fire.”

That would have been a serious markdown on the $100,000 degree. We checked back in with him this week and found out that a slightly better offer came along…

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Morning Docket 04.21.10

* Former Biglaw partners under an (ash) cloud: Andrew Rimmington, formerly of Dorsey & Whitney, and Michael McFall, formerly of McDermott Will & Emery, are standing trial in London for alleged insider trading. [Minneapolis Star Tribune]

* Not a Hollywood ending: Michael Douglas’s son is heading to prison for five years. [Gawker]

* Obama is talking to potential Supreme Court nominees and meeting with lawmakers. Congressmen are hoping he picks a non-judge. [Washington Post; Wall Street Journal]

* The DMCA downfall of the Hitler Downfall meme? [Open Video Alliance; TechCrunch]

* “I’ll be in court tomorrow,” Rod Blagojevich tells U.S. Attorney Patrick Fitzgerald. “I hope you’re man enough to be there tomorrow too.” Yeah, we think he’ll show up. [Chicago Tribune]

* UC-Hastings College of Law got lots of attention from the Supremes this week. [CBS News]

If you’re one of the six million people who have read this post about Apple’s next iPhone, you may already be familiar with the outline of this story. According to Gizmodo, an Apple engineer allegedly left his prototype iPhone on a bar stool in Redwood City. A random stranger picked it up, realized it was a next-generation iPhone, and then got in touch with Gawker, which has made it clear in the past that it’s willing to pay big money for advance peeks at Apple products.

So this random person — who Gizmodo is being careful not to name — then sold the iPhone to Gizmodo for $5,000. Ever since getting a MacBook Pro, we understand the worship at the shrine of Apple a little better, but still, the excitement about the new iPhone is beyond us. It appears that the major advancement is that there will be a camera on the front, so that you can video-chat with someone on your phone Star Trek-style.

The super-sercretive company wasn’t happy about the phone going rogue. Charles Arthur at the Guardian asked whether the site’s editors had violated California state law by buying stolen property. But Gizmodo isn’t worried about that:

(Our legal team told us that in California the law states, “If it is lost, the owner has three years to reclaim or title passes to the owner of the premises where the property was found. The person who found it had the duty to report it.” Which, actually, the guys who found it tried to do, but were pretty much ignored by Apple. )

Apple’s general counsel Bruce Sewell sent Gizmodo a letter requesting the return of the secret iPhone, and Gizmodo plans to comply.

Well, that confirms that the secret iPhone is a real iPhone. What are the legal implications for the trade secrets made public?

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  • 20 Apr 2010 at 6:37 PM

Non-Sequiturs: 04.20.10

* When will the White House put forward its Supreme Court nominee? Expect an announcement between May 1 and 15. [Newsweek]

* Elsewhere in nomination news, Michelle Malkin assesses Professor Goodwin Liu’s performance before the Senate Judiciary Committee last week. [Michelle Malkin]

* Worst oral argument ever? [The Legal Satyricon]

* An explanation of the SEC’s complaint against Goldman Sachs (from the interesting perspective of an Indian lawyer working in the United States). [Bar & Bench]

* Winstead awards scholarship and job offers to three law students. Grouses our tipster: “This is the same firm that no offered an entire summer class a month before they even showed up and fired people a week before they were supposed to start full time employment.” [Tex Parte Blog]

Justice Clarence Thomas — who tends to hire clerks from a wide range of law schools, including some schools far outside the so-called “T14″ — has had to defend himself against (unfounded) allegations that his clerks are “TTT” (an epithet so ridiculous it always makes us laugh). At the same time, because he’s the justice tasked with going to Capitol Hill to beg for money to testify in support of the SCOTUS budget request, he also has to defend the Court against charges of elitism in law clerk hiring, leveled by grandstanding lawmakers.

Hiring law clerks from Ivy League law schools: damned if you do, damned if you don’t.

For this coming Term, October Term 2010, Justice Thomas has steered his chambers back in the direction of elitism. All of his clerks for OT 2010 hail from top schools.

So, who are they?

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Last week, we mentioned that D.C. lawyer Chris Chan was going to be featured on My First Place, on HGTV. The episode aired last Thursday — and, for those of you who missed it, it will re-air on Tuesday, May 11.

Here’s a brief blurb, from HGTV, about the episode:

For Chris Chan, buying a home in Chinatown would allow him to stay close to work in Washington D.C. and also stay connected to his heritage in a neighborhood he grew to love as a renter. After a long search in this expensive city and some tough negotiating, he finally gets a good deal on his dream condo. But surprise lending restrictions on new construction bring everything to a halt. For months, the only thing Chris can do is wait and wonder whether he’ll ever get to close on his first place.

We chatted with Chan, a patent prosecutor and litigator at Finnegan, about his experience appearing on television….

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