Archive for April 2010

Non-Sequiturs: 04.16.10

By Elie Mystal

* A judge strikes down National Prayer Day. In the name of the father and the son and the holy spirit, Amen. [WSJ Law Blog]

* Speaking of special days, today is National Health Care Decision Day. Do you have a living will? McGuire Woods partner Nathan Kottkamp thinks you should. [National Health Care Decision Day]

* Remember when I said Kagan is “not gay”? Here’s why. [Huffington Post]

* I couldn’t help but reading every one of these tea party, tax day protest signs. 2 is brilliant. 7 thinks they’re being ironic but they’re not. I feel bad for the dog in 10. 18 is a much better idea than National Prayer Day. 30 … I mean wow, just wow. And I have no idea what 36 is driving at. [BuzzFeed]

* Yet another reason to dislike fans of Philadelphia sports teams. [Legal Blog Watch]

* Disappointed in-house lawyer heads back to Bingham. [ABA Journal]

* Don’t forget to send in your Law Revue submissions! [Above the Law]

Woman Banned From Every Pub in England

By Elie Mystal

Laura Hall: banned for two years from all pubs and clubs in England

I’ve certainly been kicked out of a few bars in my life. I don’t think I’ve ever been officially “banned” from one, but there are certainly places that I’d probably not be welcomed back to. Getting banned from a couple of bars isn’t really a big deal. You’re probably not having enough fun if you’ve never run the risk of being banned from a particular watering hole.

But getting banned from every bar in an entire country? That is something special. The Daily Mail reports that a woman — a wee babe of 20 — has pulled off this amazing feat:

A woman has become the first person to be banned from buying or drinking alcohol anywhere in England and Wales.

Laura Hall, 20, was issued with a Drinking Banning Order – nicknamed Booze Asbos – which bars her from entering any pub, club, off-licence or bar.

The two-year order also bans Hall from buying alcohol at any other establishment or shop, carrying it in an unsealed container or drinking it in a public place.

A “Drinking Banning Order”? What the hell kind of totalitarian remedy is that?

double red triangle arrows Continue reading “Woman Banned From Every Pub in England”

An Update on Gerald Ung
Plus another Temple Law tragedy.

By Kashmir Hill & David Lat

Today brings an update in the case of Gerald Ung. The Temple Law fourth-year got in trouble earlier this year for being the wrong kind of gunner.

While other Temple students have recently appeared in these pages, sporting legal tees and trying to get undergrads out of their tees, it’s been a while since we’ve heard news of Ung. Our last post on his alleged shooting appeared in February. But now the case is moving forward. From the Philadelphia Daily News:

Gerald Ung, the Temple University law school student arrested in January for shooting another man five times in front of the Old City Fox TV studio, this morning was ordered to stand trial on attempted murder and aggravated assault charges.

Philadelphia Municipal Judge David Shuter dismissed two gun charges because Ung had a legal permit to carry a gun from his native state of Virginia.

The article contains some additional (and apparently new) details about the underlying incident….

double red triangle arrows Continue reading “An Update on Gerald Ung
Plus another Temple Law tragedy.“

Job of the Week: Labor and Employment Law in CA

By Above the Law

Thumbnail image for Job of the Week Lateral Link ATL logo.gifThe market is heating up for the lucky wage-and-hour class action types. If you fit the bill, or have a friend whom you could refer (for a $500 referral bonus), the time is ripe to consider positions at the top L&E shops across the country. While the supply is stronger than the demand, make sure to consider the opportunities now — like the latest Job of the Week, brought to you by Lateral Link.

Position: Mid-Level Labor & Employment Associate

Location: California (choice of multiple offices)

Description: Large law firm has an immediate opening for mid-level (minimum of 3-6 years of experience) L&E associates. The positions is open to work out of multiple CA office locations. Top academic credentials and large law firm experience are required. For more information about this position, or for employers looking to find top legal talent on the market, please contact Michael Allen, at mallen@laterallink.com or 213.785.2344. Membership in Lateral Link is by application only and you can apply at www.laterallink.com.

Earlier: Prior Jobs of the Week

SEC Accuses Goldman Sachs of Hypocrisy in Civil Suit

By Elie Mystal

The Securities and Exchange Commission filed a civil suit against Goldman Sachs this morning. According to the SEC, Goldman is guilty of taking a “do what I say, not what I do” approach to mortgaged-backed securities.

Well, d’uh. That’s why Goldman isn’t suckling on the federal teat right now.

The SEC claims Goldman sold a financial instrument that they knew was going to fail, while at the same time taking short positions against that instrument.

Goldman denies the charges:

The SEC’s charges are completely unfounded in law and fact and we will vigorously contest them and defend the firm and its reputation.

Am Law Daily reports that Sullivan & Cromwell partner Richard Klapper will be representing Goldman in this matter.

Let’s unpack the SEC’s complaint (pdf). Whether or not the SEC prevails in this civil litigation, their complaint certainly succeeds in making Goldman look very shady — the company’s stock tanked this morning.

double red triangle arrows Continue reading “SEC Accuses Goldman Sachs of Hypocrisy in Civil Suit”

Musical Chairs: More About Lanny Davis’s Departure from McDermott

By David Lat

In yesterday’s post about the departure of D.C. power broker Lanny Davis from McDermott Will & Emery, a firm he joined a little over six months ago, we put out a request for more information. That request was promptly answered — by none other than Lanny Davis himself.

The drama lover in us was hoping for an epic tale of office intrigue and power struggle at McDermott Will (and commenters were happy to speculate). As it turns out, however, the parting of Davis and MWE is quite amicable — and far from total. As Davis explained to us, he’s setting up his own shop, but he will continue to work closely with McDermott lawyers, serving McDermott clients. In fact, Davis isn’t even leaving the building (so no office exorcism necessary).

What’s going on here? Information from our chat with Lanny Davis, plus the complete press release mentioned previously by the Washington Post, after the jump.

double red triangle arrows Continue reading “Musical Chairs: More About Lanny Davis’s Departure from McDermott”

Quote of the Day: Partner Pothead

By David Lat

I have been a lifelong cannabis user, on an almost daily basis since I was in high school. I am now the managing partner of a very successful law firm in the Washington, D.C. area.

I have been in a professional law practice for almost 27 years. I work 60+ hours a week, and all of that hard work has translated into high levels of annual income.

I still get high after work, almost every day….

– A marijuana-using managing partner (and parent of pot-smoking daughters), in an email to Andrew Sullivan.

DLA Piper Ends Experiment With Low Salaries

By Elie Mystal

Back in December, DLA Piper decided to move to a merit based compensation system. Attendant to that move, the firms instituted a 10% pay cut, dropping starting salaries to $145,000. Despite widespread outrage among DLA associates, the firm repeatedly defended the move.

Other Biglaw firms that moved away from lockstep would not follow DLA down the salary rabbit hole.

Now, DLA Piper has given it up its quest to drive down associate salaries. The National Law Journal reports:

DLA Piper is raising associate pay by 10 percent, in a move that will return compensation to their levels before the economic downturn.

A memo released to attorneys on Thursday by firm leaders announced midyear pay increases in offices outside New York. DLA Piper raised salaries in New York in January to pre-recession levels of $160,000 for first-year associates.

Welcome back to the pack, DLA? Tipsters report that the firm is not quite there yet…

double red triangle arrows Continue reading “DLA Piper Ends Experiment With Low Salaries”

An Exorcism at Bryan Cave?

By Kashmir Hill

Last month, Midwestern firm Polsinelli Shughart raided Bryan Cave. Approximately 22 attorneys from Bryan Cave’s Phoenix, D.C., and Chicago offices spread their wings and flew over to Polsinelli. The Phoenix flock was the largest, consisting of 12 partners and associates.

When a big group of attorneys leave, it sometimes spooks those left behind. We hear that one partner at Bryan Cave was really spooked.

The attorneys that left had all been on the 22nd floor, the main floor of the Phoenix office on which clients are greeted. Their departure left the floor eerily vacant, so the firm asked some partners and attorneys to move into the empty offices. One of those asked to move was longtime partner Bob Shely. He felt his new office was tainted, though; according to reports circulating widely at the two firms, he said it had an “evil feeling.”

I see defected people?

According to the rumor mill, he wanted the carpets torn out and the office renovated. But a recruiting coordinator at the firm offered a cheaper solution: a do-it-yourself spiritual cleansing kit….

double red triangle arrows Continue reading “An Exorcism at Bryan Cave?”

Morning Docket: 04.16.10

By Elie Mystal

* MSM, it’s a volcano, not the apocalypse. [New York Times]

* Liberal law students are unimpressed with the frontrunners to replace Stevens. [Slate]

* Patients can now chose who can visit them in the hospital and make crucial medical decisions. That’s another step in the road towards fundamental fairness for gays and lesbians. [Associated Press]

* Do not touch the naked art at the MoMa. [New York Times]

* Warning to judges, never get excited about anything, ever. [ABA Journal]

* Jay-Z v. Big Papi over the 40/40 Club. [Daily News]

Obsession With Tenure And Money Likely to Ruin the Future of Legal Education

By Elie Mystal

This is my last report about the Harvard Law School/New York Law School Future of Education Conference. If you read the previous installments, you’ll note that assembled law school deans, professors, and other educators spent a lot of time talking about the past. Towards the end of the day however, the conference turned forward looking with a panel about “Possible Alternative Models” to legal education.

The future, it seems, is in a holding pattern until law school professors can figure out how to get tenure under alternative models of legal education.

double red triangle arrows Continue reading “Obsession With Tenure And Money Likely to Ruin the Future of Legal Education”

Non-Sequiturs: 04.15.10

By Elie Mystal

* Is the iPad a good gadget for a young associate? [Young Lawyer's Blog]

* The blogosphere is still trying to come to grips with Chester Paul Beach’s statement. [Simple Justice]

* I think I know why we are all so obsessed with the U.S. News rankings. [True/Slant]

* New York City to close “rubber rooms.” [Examiner]

* Let’s say you love guns and hate criminals. After the criminal has paid his debt to society, should he be able to purchase a gun? Should he be able to arrange for the sale of a gun? [The Volokh Conspiracy]

* Tune in to My First Place on HGTV, tonight at 8, and watch D.C. lawyer Chris Chan hunt for a new home. [HGTV]

Musical Chairs: Lanny Davis Out at McDermott Already?

By David Lat

Back in October, we wrote about D.C. powerhouse lawyer Lanny Davis moving from Orrick, Herrington & Sutcliffe to McDermott Will & Emery. He was joined in his Orrick-to-McDermott move by Eileen O’Connor, the journalist-turned-lawyer who worked with him in his crisis management practice.

Now, just a few months later, it appears that Davis is striking out on his own. From the Washington Post:

Lanny J. Davis, the former White House counsel and longtime Clinton booster, is launching his own eponymous law-and-lobbying shop, according to a draft announcement obtained by The Post. Lanny J. Davis & Associates LLP will provide “a unique combination of traditional legal and litigation services plus media/crisis management, and legislative/public policy strategies to solve U.S. and international client problems,” the announcement says. Davis, a cable television staple who has often run afoul of more liberal Democrats, highlights his avowed centrism as a prime benefit for potential clients….

The new venture means Davis will step down as partner at the global law firm of McDermott Will & Emery, but he says he will continue to write a column for “The Hill” newspaper and contribute to a legal strategies blog that he began last year.

We reached out to McDermott, and a firm spokesperson confirmed that Davis is leaving the firm.

So who else is going with him, and what prompted the move?

double red triangle arrows Continue reading “Musical Chairs: Lanny Davis Out at McDermott Already?”

Clarence Thomas Throws Fellow Justices, Feeder Judges, and Law Schools Under the Diversity Bus

By Kashmir Hill & David Lat

Today Supreme Court Justices Clarence Thomas and Stephen Breyer made a rare appearance on Capitol Hill to testify before the House Appropriations Subcommittee, regarding the Court’s budget. It started out jovially, with Justice Thomas poking fun at Justice Breyer for agreeing with him for the very first time (at the 15 minute mark, regarding taking questions from the committee).

But an hour in, things got testy between the congressmen and the justices. Josh Blackman brought to our attention that the issue of Supreme Court clerk diversity came up. Congressman Ander Crenshaw asked the Justices why the members of the Elect are overwhelmingly graduates from Yale and Harvard. He delicately asked if they’re more qualified or if there are a disproportionate number of them applying for clerkships.

This led to a fifteen-minute discussion about clerkship diversity that started with alma maters, then moved to ethnic diversity. In response, Thomas threw the other SCOTUS justices under the bus (e.g., “MY clerks are diverse”), then threw feeder judges under the bus, and then threw law schools under the bus (e.g., “that pool comes from the law schools”).

But then Congresswoman Barbara Lee hit him with the bus…

double red triangle arrows Continue reading “Clarence Thomas Throws Fellow Justices, Feeder Judges, and Law Schools Under the Diversity Bus”

Bingham McCutchen’s High-Flying ‘Diversity’ Ad

By Elie Mystal

Take a look at this picture and tell me how flying animals represent diversity:

via Copyranter.

I don’t even know what the hell is supposed to be going on in this picture, so I’ll let a professional in decoding advertising messages explain…

double red triangle arrows Continue reading “Bingham McCutchen’s High-Flying ‘Diversity’ Ad”

Trying To Go To A Small Firm? Be Prepared For A Harsh Rejection

By Elie Mystal

Given the recession, a lot of lawyers shut out of Biglaw are trying to get jobs with small firms. The problem is, the skills required to get one of those jobs are not obvious to your average recent law school graduate.

Of course, small and solo practitioners want to help young lawyers better themselves! In the spirit of helping, here’s what one small practitioner sent to the ABA’s solo and small firm mailing list, SOLOSEZ:

I just received a resume and cover letter from a young attorney seeking employment in my firm. I honestly don’t notice things like spelling errors because I can’t spell myself, but I’m sure the letter and resume were flawless technically. I didn’t even read it that closely because the cover letter was addressed “Dear Sir or Madam:”

Here’s my response to the job seeker. Yes, I addressed it to him personally, but I’ll keep that private for his sake.

Undoubtedly, this response will be so helpful. Let’s take a look at this public service announcement…

double red triangle arrows Continue reading “Trying To Go To A Small Firm? Be Prepared For A Harsh Rejection”

An Interview with One of the Qualcomm Six, Adam Bier
(Or: Horror Story from A Young Associate, Wrongfully Sanctioned and Job Hunting During the Great Recession)

By Kashmir Hill

Adam Bier, one of the "Qualcomm Six"

In 2008, we made the “Qualcomm Six” our lawyers of the day. The six were outside counsel for the technology company in a patent dispute with Broadcom and got caught up in an electronic discovery scandal – tens of thousands of documents were not turned over in the case. The six attorneys were sanctioned by Magistrate Judge Barbara Major for “intentionally hiding or recklessly ignoring relevant documents, ignoring or rejecting numerous warning signs that Qualcomm’s document search was inadequate, and blindly accepting Qualcomm’s unsupported assurances that its document search was adequate.”

But upon further scrutiny, the sanctions against the five lawyers from Day Casebeer and one from Heller Ehrman were lifted. When attorney-client privilege was waived so that they could speak in their own defense, it became clear that Qualcomm employees had stonewalled the lawyers. From the ABA Journal:

In her ruling lifting sanctions, Major noted an “incredible lack of candor” by Qualcomm employees and said there was no bad faith by the lawyers.

So yay! No sanctions! But what of the over two years that these lawyers have had this hanging over their heads? As I’m sure many of you recall, the beginning of 2008 was when the legal industry began to self-implode. Day Casebeer merged with Howrey. Heller Ehrman really self-imploded.

All the while, these six lawyers have been in sanction limbo. The four partners involved had more to fall back on. Day Casebeer partner James Batchelder jumped on the Howrey bandwagon. Heller Ehrman’s Stanley Young wound up at Covington. Casebeer’s Christian Mammen and Lee Patch went off on their own.

But what if you’re a junior associate caught up in this mess? In early 2008, no less. Adam Bier (NYU Law ’04) had joined Casebeer in 2005 after clerking. He was part of a large team of junior associates staffed on the Qualcomm case. Though he wasn’t involved in the initial discovery, he did help stumble upon the mass o’ undisclosed documents while preparing witnesses for trial, and thus had the distinction of being involved in the sanctions.

If you were job searching in 2008, you know it was tough. Imagine if you had the added disadvantage of a hugely publicized discovery scandal and sanctions on your resumé. We caught up with him yesterday about how he made it through the wilderness, and eventually started his own firm…

double red triangle arrows Continue reading “An Interview with One of the Qualcomm Six, Adam Bier
(Or: Horror Story from A Young Associate, Wrongfully Sanctioned and Job Hunting During the Great Recession)“

Happiness Tips for Lawyers

By Above the Law

Ed. note: Gretchen Rubin is the author of The Happiness Project. The book has been on the New York Times bestseller list for 15 weeks, ever since its publication (including hitting the #1 spot).

Although she’s now a writer, with a total of five bestselling and/or critically acclaimed books to her name, Rubin started her career as a lawyer. She graduated from Yale Law School, where she served as editor-in-chief of the Yale Law Journal, and clerked on the U.S. Supreme Court, for Justice Sandra Day O’Connor. Feel free to check out her blog, follow her on Twitter, or join the Happiness Project Facebook page.

We asked Gretchen Rubin to offer us some happiness advice aimed at a lawyerly audience. Her guest post appears below.

By Gretchen Rubin

A few years ago, I decided to do a happiness project. I spent a year testing the wisdom of the ages, the current scientific studies, and the lessons from popular culture about how to be happier. From my experience, to be happier, it helps to think about the little things in life—and also the big things. Here are some ideas specifically targeted to lawyers:

Tackle the little things: Happiness can seem like a lofty, abstract goal, but a great place to start is with your own body and daily schedule.

Get enough sleep. We adjust to chronic sleep deprivation and don’t realize how much it weighs on us. According to one study, a bad night’s sleep was one of the top two factors that upset people’s daily moods at work (along with tight work deadlines — another problem many lawyers face). It’s tempting to stay up late, especially if that’s the fun part of your day, but the morning comes fast. (Here are some sleep tips.)

Get some exercise—preferably outside. You don’t have to train for a marathon. Just go for a ten-minute walk at lunchtime. People who exercise are healthier, more energetic, think more clearly, sleep better, feel cheerier, and perform better at work. (Here are some tips for sticking to an exercise routine.)

More happiness pointers, after the jump.

double red triangle arrows Continue reading “Happiness Tips for Lawyers”

Happy Tax Day!
(And information about tax day giveaways.)

By David Lat

Today is a very special and important day. Do you know what day it is? (And no, we’re not talking about the official release of the U.S. News law school rankings, which we’ve already covered.)

It’s not National Be Kind to Lawyers Day, which took place on Tuesday. Now your secretary has no reason to be nice to you. But you have to be nice to him very soon — this coming Wednesday, April 21, is Administrative Professionals Day.

Today is April 15: TAX DAY. The day you have to cough up some of your hard-earned cash to Uncle Sam. The time each year when you must render unto Caesar the things which are Caesar’s.

We reached out to some tax gurus and groupies for thoughts on this special day. They provided us with a wealth of insights and links — plus opportunities to GET FREE STUFF, and alleviate the financial burden associated with today….

double red triangle arrows Continue reading “Happy Tax Day!
(And information about tax day giveaways.)“

Morning Docket 04.15.10

By Kashmir Hill

* As we reported last night, the U.S. News & World Report law school rankings are out. The magazine also has some advice for law students during these tough times. [U.S. News & World Report]

* Rankings guru Bob Morse explains his methodology. [U.S. News & World Report]

* Taking a closer look at Elena Kagan’s previous visits to One First Street. [New York Times]

* Yahoo is battling Colorado federal prosecutors over the need for a warrant to obtain users’ email that is less than 180 days old. If it’s more than 180 days old, they don’t even need the warrant. [Threat Level/Wired]

* We like our judges firm and strong-handed. [Fox Chicago News]

* Ann Althouse and Emily Bazelon debate the Phoebe Prince case. [Bloggingheads/New York Times]

* Your colleagues in Britain may be distracted today. [New York Times]