Archive for August 2010

Gay People: Are You Sure You Want to Get Married?

By Elie Mystal

How is everybody doing this day after bigotry was dealt a setback? Based on an Above the Law reader poll, about 80 percent of you think that Chief Judge Vaughn Walker (N.D. Cal.) did the right thing when he struck down California’s Proposition 8.

So gay people in California may soon be able to engage in the lovely “sh** or get off the pot” conversation that dominates the life of every guy who has been dating the same girl for more than a couple of years. Yay, congratulations!

But are gays and lesbians really sure they want marriage equality? After the cake, the reception, and the honeymoon, there are a bunch of… obligations that attach to marriage. Just look at New York. We don’t even have gay marriage here, and yet same-sex partners will find themselves on the hook for all sorts of things…

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Ex-Biglaw Bad Boys Accused of Sexual Assault:
Where Are They Now?

By David Lat

Stephan Addison (left) and Benjamin Butler (right)

We like to provide updates on lawyers we’ve covered in the past, just to close the loop and keep readers informed. For example, if a lawyer is accused of wrongdoing, we cover the allegations, and then the charges are dropped, we’d like to write about the clearing of that person’s name. (If you’re aware of such a situation, please email us.)

Sometimes attorneys are punished rather than exonerated, however. Today we bring you news about the Illinois bar’s disciplining of Stephan Addison and Benjamin Butler, both 2004 graduates of the University of Wisconsin Law School, whom we first wrote about back in 2007. The two were once associates at large law firms — Addison at Seyfarth Shaw, and Butler at Schiff Hardin. They left their firms after being accused of sexual assault, after a drunken three-way hook-up that went very, very wrong.

So what are they up to now?

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Where Are They Now?”

Morning Docket: 08.05.10

By Kashmir Hill

* SCOTUS to 3 lady justices! The Senate will vote to confirm Elena Kagan to the Supreme Court today. [Associated Press]

* Can you hear me now not being evil? Google and Verizon’s talks are making net neutrality advocates very nervous. [New York Times]

* Rudy Giuliani is tough on crime, but how tough will he be on his daughter? [New York Post]

* Intel promises to play nice from now on. It settled its antitrust case with the FTC. [New York Times]

* It’s like the gas station lines of the 1970s, except all those waiting plan to sue. [Galveston County Daily News]

* Call in Russell Crowe. Idaho prison is known as “gladiator school” due its epic levels of violence. [Associated Press]

* What impact would offering online degrees have on UC – Berkeley’s ranking? [USA Today]

Non-Sequiturs: 08.04.10

By Elie Mystal

* Today is Barack Obama’s birthday — you know, if his birth certificate is to be believed. [Gawker]

* Cartier is sick of getting ripped off. [Fashionista]

* If I had to pick a Broadway musical song to sum up Mosquegate, it would definitely be: Everyone’s a Little Bit Racist. [Althouse]

* Some days, I struggle to see the difference between the billable hour and herpes. Some things just never go away. [The Lawyerist]

* Do you ever feel like we are living through a Dickens novel? [Infamy or Praise]

* If something calls itself “extra virgin,” you best believe it’s “totally full of crap.” This rule works with people too. [Legal Blog Watch]

Breaking: Proposition 8 Ruled Unconstitutional!!!

By David Lat

Today Chief Judge Vaughn Walker (N.D. Cal.) issued his ruling in Perry v. Schwarzenegger, the constitutional challenge to Proposition 8, California’s ban on gay marriage. The case was famously brought by Ted Olson and David Boies, two of the nation’s top lawyers (who previously faced off in Bush v. Gore, on opposite sides of the case). We first learned of the news at 4:35 PM today (via Chris Rovzar of New York magazine).

In his 136-page ruling, Chief Judge Walker — a Bush I appointee to the federal bench who is generally viewed as a moderate, not some crazy San Francisco liberal — ruled that Prop 8 is “unconstitutional under both the due process and equal protection clauses.” Accordingly, he “order[ed] entry of judgment permanently enjoining its enforcement.”

A permanent injunction? Expect Prop 8 proponents to turn to a higher court in 3, 2, 1…. But is the famously left-leaning Ninth Circuit going to be much help?

For excerpts from the opinion and more links, see below….

UPDATE: This post has been revised extensively since it was first published.

Note especially the update near the end of this post regarding Judge Walker’s STAYING THE ENTRY OF JUDGMENT.

We have also added a READER POLL, after the jump.

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When Jones Day Laid Off a D.C. Employee, It Discovered a Surprise in his Desk

By Kashmir Hill

Firing people sucks. The fired feel lousy about themselves. Those doing the firing feel like jerks. The day the ax falls is a dark one for everybody.

But it’s darkest for the ones who lose their jobs. Especially if they have to leave the building immediately. And don’t have time to clear out their desks. And have things in their desk that will result in at least 15 years of prison time.

Back in June, Jones Day confirmed that it had laid off staff in Dallas and Los Angeles. A recent press release from the FBI suggests that the firm had layoffs in D.C., too. The firm did not mention this back in June, perhaps because it did not want to have to relate the disturbing story of what was found in the desk drawer of one of their recently-axed employees…

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Thanks to This Week’s Advertisers

By Above the Law

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!

Outsourcing: Here Come the Expats

By Elie Mystal

Well, it was only a matter of time before the lawyers started to go where the work is. And, if you’ve been paying attention, you know that the work is in India.

Western-trained lawyers are heading to India, to manage the country’s burgeoning legal outsourcing resources. From the New York Times (gavel bang: WSJ Law Blog):

India’s legal outsourcing industry has grown in recent years from an experimental endeavor to a small but mainstream part of the global business of law. Cash-conscious Wall Street banks, mining giants, insurance firms and industrial conglomerates are hiring lawyers in India for document review, due diligence, contract management and more.

Now, to win new clients and take on more sophisticated work, legal outsourcing firms in India are actively recruiting experienced lawyers from the West. And U.S. and British lawyers — who might once have turned up their noses at the idea of moving to India or harbored an outright hostility to outsourcing legal work in principle — are re-evaluating the sector.

Mumbai to 8,743,800 rupees? Not quite, not yet at least…

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Nixon Peabody Partner Gets Chastised by a Federal Judge for Work Hoarding

By Kashmir Hill

Nixon Peabody was a winner in Signature Flight Support Corp. v. Landow Aviation, a dispute between two aviation companies at the Washington Dulles airport. Nixon landed a victory for Signature Flight, and filed a motion for Landow to pay attorneys’ fees in the case.

Landow thought Nixon’s fees were sky-high and opposed the motion, resulting in a review of Nixon’s bills by Judge James Cacheris (E.D. Va.). Judge Cacheris buzzed Nixon’s bills. From the National Law Journal:

U.S. District Judge James Cacheris of the Eastern District of Virginia determined that Nixon Peabody’s $1.57 million in fees was too high and slashed about $440,000 off that amount, awarding $1.13 million….

In his July 30 decision, Cacheris found that the number of hours Nixon Peabody expended on the case demonstrated a “lack of billing judgment exercised by plaintiff’s counsel” and “overall excessiveness of plaintiff’s fee request.”

Less than half a million slashed? Pocket change — though that was on top of $205,102.50 that Nixon says it had already excluded from the bill.

Reading the opinion offers lots of fun Skaddenfreude, perhaps particularly for attorneys laid off by Nixon Peabody early last year. Partner Louis Dolan got knocked by the court for spending hundreds of billable hours at the end of 2008 doing work better suited for a junior associate…

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Congratulations, New Law Review Editors!
(And a question about minorities on law review.)

By David Lat

It’s early August. Law students are getting ready to go back to school. And some students — lucky or unlucky, you be the judge — are going back earlier than others, to work on their schools’ law reviews.

Over the summer, rising 2Ls around the country received the rather important news: whether they made it on to their school’s law review. Serving on the school’s official law review can involve a lot of work. But it’s generally regarded as worth it, in terms of the prestige / résumé boost, intrinsic value of the experience, and networking opportunities with current and former editors. If you’ve been selected, congratulations!

New editors of the Harvard Law Review — former home of President Obama and still the nation’s most prestigious law journal, despite various incidents of ridiculousness over the past few years (scroll through our past coverage) — were notified last month, around the week of July 19. The good news was delivered primarily by phone.

The Yale Law Journal also welcomed its new editors last month, after selecting them through a Bluebook and editing competition. At a mixer I attended here in New York, for YLJ alumni and newly accepted editors, one joyous new recruit told me that he celebrated his acceptance by going out to Hugo Boss and buying shiny silver pants dress shoes. (“I went to Prada at first, but they did not treat me the way I should be treated!”)

Silver pants New shoes from Hugo Boss? Making law review is clearly a big deal.

But is the prize of law journal membership being distributed fairly? This year, at certain law journals, controversy appears to be brewing about the new editors….

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(And a question about minorities on law review.)“

Musical Chairs: Milbank Poaches Latham’s Global Banking Co-Chair and Four Others

By Elie Mystal

Partners are on the move, and this time it’s major. Latham & Watkins is losing some serious firepower from its banking group, with the windfall going to Milbank. Am Law Daily reports:

Milbank, Tweed, Hadley & McCloy made a rare venture into the U.S. lateral market Tuesday, announcing that it had lured five Latham & Watkins finance partners, including the co-head of Latham’s banking practice group….

Milbank chair Mel Immergut said the Latham hires will have “an enormously positive impact” on his firm’s leveraged finance practice, while the chair of Latham’s New York office released a statement wishing the partners well and assuring everyone that Latham retains “a very deep bench of talent” in New York, the NYLJ reports.

When banking partners are making major lateral moves, it’s got to be a good sign for the legal economy.

While Milbank was relatively restrained in its public comments to Am Law, the internal Milbank memo obtained by Above the Law shows that the firm is eager to crow about its new talent…

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Quote of the Day: Not a Quick Fix

By Kashmir Hill

I am not the Maytag repairman of federal judges desperately hoping for something to do.

– Nevada Magistrate Judge Peggy Leen, explaining why it took her so long to issue a scathing sanction [PDF] of defense counsel.

(Gavel bang: Las Vegas Review-Journal via ABA Journal.)

Don’t Be So Quick to Lump Biglaw in with Corporate Salary Slashers

By Elie Mystal

The New York Times has a nice survey piece about all the salary cuts imposed upon American workers. It’s a story that anybody holding down a job through this recession is probably aware of:

Local and state governments, as well as some companies, are squeezing their employees to work the same amount for less money in cost-saving measures that are often described as a last-ditch effort to avoid layoffs.

Yeah, we know, things are crappy.

But in its zeal to show that things are difficult for almost all workers, the Times seems to lump Biglaw in with the group of companies that are trying to cut costs by slashing salaries. As regular readers of Above the Law know, that might have been true in 2009. But in 2010, most Biglaw firms are not cutting associate salaries….

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Morning Docket: 08.04.10

By David Lat

* Today Judge Vaughn Walker will issue his ruling in Perry v. Schwarzenegger, the constitutional challenge to the Prop 8 gay marriage ban in California. Lawyer/journalist Chris Geidner has this great FAQ about it. [Metro Weekly]

* A bankruptcy examiner’s report brings mostly good news for lawyers at Brown Rudnick, who had been accused of improperly redacting a complaint. [Am Law Daily]

* Justice Ruth Bader Ginsburg, who’s 77, wants to stay on the Court until she’s at least 82 (the age at which Justice Louis Brandeis retired). [Associated Press via How Appealing]

* Meanwhile, RBG’s future colleague moves one step closer to confirmation: Senate floor debate on the Kagan nomination is even more predictable and unexciting than the Kagan hearings. [New York Times]

* Note to bloggers: avoid using material from the Las Vegas Review-Journal, or you could find yourself getting sued by a “copyright troll.” (Fellow blogger Marc Randazza is quoted extensively.) [Las Vegas Sun via ABA Journal]

Wearing Peep-Toe Shoes to Court? Women Judges Weigh In

By David Lat

Earlier today, on the Senate floor, debate took place on whether to confirm Solicitor General Elena Kagan as the nation’s 112th Supreme Court justice. The Kagan nomination is not very controversial, due to the nominee’s impeccable credentials and the Democrats’ 59 votes in the Senate.

In the legal blogosphere, a far more divisive debate is raging, over a subject just as important as confirming the fourth woman ever to the Supreme Court: Are peep-toe shoes appropriate professional footwear? Can female attorneys wear them to the office? What about to court?

The debate was ignited over at The Careerist, by Vivia Chen (no style slouch herself — not many legal journalists own floor-length mink coats). Chen recounted this anecdote:

Waiting in line in the ladies room at the Waldorf Astoria Hotel recently, I heard this discussion: “In my day, I always wore pumps to court,” said in a woman in her fifties. “Can you believe this associate went to court with open-toe shoes?” Her companion shook her head, then asked: “How did she do?” The first woman replied, “Her work was good, but her shoes weren’t right.”

Chen then surveyed a number of lawyers, from around the country, and they could not reach a consensus on the appropriateness of peep-toe shoes. The debate continued over at the ABA Journal, where a post by Debra Cassens Weiss generated a flurry of comments.

Given that so many law firms are business casual nowadays, it is probably safe to wear peep-toe shoes to the office. The fashion guidelines issued by the New York office of Weil Gotshal, for example, officially bless “open toe or open heel shoes.” (Still unacceptable: “Athletic shoes, clogs, beach shoes, flip flops, beach shoes.”)

But what about wearing peep-toe shoes to court? On this subject, we decided to turn to the experts: namely, a panel of fabulous female federal judges….

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Non-Sequiturs: 08.03.10

By Elie Mystal

* Alabama wants to put a tax on gym membership. Let me get this straight: Alabama has so many fat people that when I go down there people hand me brochures about the dangers of anorexia. They’ve got so many fat people the Crimson Tide mascot only needs a costume for his face. The state’s so fat that if they all jumped at the same time it would flood New Orleans. But now they want to discourage gym membership? [Going Concern]

* Don’t forget to vote this evening. [Politico]

* Epic and brilliant list of types of people that Law & Order doesn’t like. Yes, you’re probably on it. [New York Times/Opinionator]

* There is something unnatural about a baby conceived years after the father has died. Not anything illegal about it, of course. Just something vaguely disturbing and creepy. [WSJ Law Blog]

* If you plead guilty to a hit-and-run, should you still be able to keep your job as a judge? [Bad Lawyer]

* The city of Austin, TX gets benchslapped. [News 8 Austin]

* A second teenager has been charged in the death of a Pittsburgh law student. [Pittsburgh Post-Gazette]

* Not legal, but I thought I should warn you that the Sun will try to kill you tonight. [National Geographic]

Sullivan & Cromwell’s Mailroom of Death: A Law Firm’s Error Could Cost a Man His Life

By David Lat

Last year, we covered a mistake made in a death penalty case by the white-shoe firm of Sullivan & Cromwell. It was a noteworthy development because of the rarity of the occurrence — S&C doesn’t often make mistakes, at least not ones as elementary as missing a deadline — and because of the stakes involved.

Well, the stakes are getting higher: S&C is now seeking SC review. The firm wants the Supreme Court to step in and essentially forgive the firm’s error in missing the deadline to file an appeal. Adam Liptak tells the tale, in the New York Times:

Sullivan & Cromwell is a law firm with glittering offices in a dozen cities around the world, and some of its partners charge more than $1,000 an hour. The firm’s paying clients, at least, demand impeccable work.

Cory R. Maples, a death row inmate in Alabama, must have been grateful when lawyers from the firm agreed to represent him without charge. But the assistance he got may turn out to be lethal.

Please note: that last sentence originally appeared in the august pages of the Times. Despite its tabloid tone — we can imagine an announcer for Inside Edition intoning darkly, “the assistance he got may turn out to be lethal” — it did not appear first in Above the Law. [FN1]

So how did S&C put a man’s life in jeopardy? Let’s descend into the mailroom at 125 Broad Street….

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From Playboy to Biglaw: New Orrick CFO Has A Bitchin’ Resume

By Elie Mystal

Let’s be honest: although we strive to bring you the inside scoop about major law firms around the country, we don’t usually report on new law firm Chief Financial Officers. But the new CFO at Orrick, Herrington & Sutcliffe, Linda Havard, is special. Check out her prior experience, from Orrick’s press release announcing the new hire:

Most recently, Linda served for 13 years as Executive Vice President and Chief Financial Officer for Playboy Enterprises, Inc. in Chicago where she oversaw all areas of finance and technology including accounting, treasury, tax, insurance, strategic planning, M&A, internal audit and corporate development. Approximately 40 percent of Playboy’s revenue came from outside of the U.S., where the company had significant business operations in the UK and Latin America, and licensing operations in Europe and Asia. The company also completed a number of acquisitions during her tenure, as well as public and private equity and debt offerings. Linda led all areas of due diligence, negotiation, execution, and subsequent integration of major global transactions.

I’m going to go out and limb and say that after 13 years at Playboy, Havard is more then ready to handle any sexism Biglaw might have to dish out…

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The Bluegrass State’s Sordid Sports Trial
(Or: University of Louisville basketball coach Rick Pitino must really hate Karen Sypher)

By Kashmir Hill

Rick Pitino and Karen Sypher

Every sports fan we know is bugging us to cover the prosecution of Karen Sypher, a former car-show model and auto-glass saleswoman, who is being tried for extorting University of Louisville basketball coach Rick Pitino, lying to the FBI, and retaliation against a witness. Since it concerns balls, it seems like a natural fit for resident ATL sports fan Elie Mystal, but there’s lots of sex in the trial testimony as well, so the case has been reassigned to me.

Well, not lots of sex. A little bit of sex. Like 15 seconds of it.

The trouble started with a sexual encounter between Pitino and Sypher back in 2003. Pitino, who is married with children, says the encounter was consensual. Sypher says it was rape. It gets really complicated from there. Lots of salacious stuff has come out of the trial: Pregnancy. Abortion. Extortion. Multiple lovers. Sypher giving her lawyer, Dana Kolter, a blow job to get representation. You know, pretty standard stuff…

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(Or: University of Louisville basketball coach Rick Pitino must really hate Karen Sypher)“

Biglaw Salary Stragglers: Foley & Lardner

By Elie Mystal

We’ve done a number of reports over the last few weeks on salary cuts of 2009 that are being reversed in 2010. Sure, some firms are still trying to be cute when it comes to associate pay. But many Biglaw firms are back on the $160K scale for associate salaries, at least in major markets.

Apparently Foley & Lardner hasn’t received the memo. While New York associates will start at $160K, associates in other big-market Foley offices (like D.C., California, and Chicago) remain stuck at $145K.

We’re not exactly sure why….

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