Archive for September 2010

This year has been a big one for LGBT rights litigation. There was Judge Vaughn Walker’s ruling in Perry v. Schwarzenegger, striking down Proposition 8′s ban on gay marriage in California. There were the Massachusetts decisions by Judge Joseph Tauro, holding unconstitutional section 3 of the Defense of Marriage Act (DOMA). And in a decision handed down late tonight, Judge Virginia A. Phillips (C.D. Cal.) ruled that the military’s “don’t ask, don’t tell” policy violates the constitution.

You can read the 86-page ruling here. It has what has to be one of the best case captions in recent memory: Log Cabin Republicans v. United States of America.

Congratulations to the Log Cabin Republicans on their victory. Maybe the resulting goodwill in the gay community will allow you guys to get dates? At least for this weekend.

UPDATE: A gay veteran’s (critical) take on the opinion, plus links to the opinion and additional news coverage, after the jump.

double red triangle arrows Continue reading “‘Don’t Ask, Don’t Tell’ Held Unconstitutional”

Anne Bremner

A Seattle reader brought a remarkable tale to our attention. He sent along some links about prominent attorney Anne Bremner and her recent brush with the law, along with this commentary:

Anne is a high-profile lawyer — at least here in the Northwest. She is a legal analyst for lots of broadcast media outlets. There is lots of hubris here, so I immediately thought of Above the Law.

Does Anne Bremner view herself as “above the law”? On the night that she was arrested for drunken driving, she allegedly said all sorts of things to various police officers, including but not limited to the following:

  • “I will sue your ass.”
  • “I’m famous. It’ll be bad for you guys.”
  • “You can’t arrest me. I represent Seattle and King County. You are making a mistake.”
  • “I represent you guys. Come on, take me home.”

Sounds like a charming lass, doesn’t she? Let’s get to know her a little better….

double red triangle arrows Continue reading “Lawyer of the Day: Anne Bremner – ‘I’m famous… You can’t arrest me.’”

A Dealbreaker reader was out and about on the Upper West Side, and something caught his eye. He moved in for a closer look, snapped a photo, and sent it to Dealbreaker. Our colleague Bess Levin has been having a grand old time ever since.

Me? I just want people to see it before they go to law school. I want people to see it before they write television shows about the lavish lifestyle of lawyers, or complain that young lawyers feel a sense of entitlement.

But mostly, I want somebody out there to get me a wide angle shot of the photo — I’m in the market for these services…

double red triangle arrows Continue reading “From Laid-Off Lawyer to… Cleaning Lady!”

Non-Sequiturs: 09.09.10

Elie wonders how close to Ground Zero he's allowed to be when he hits "publish" on this picture, without someone threatening to set him on fire.

* Pyromaniac Pastor Terry Jones has called off his threat to burn copies of the Koran on 9/11. Jones claims that it’s in exchange for the developers agreeing to move the Ground Zero mosque. Developers claim they only agreed to meet with him. So who knows where this is going. The only thing I know for sure is that somewhere, Moses is pointing at Jesus and Muhammad and saying “… and that’s why I just smashed the damn tablets. The old man has no idea what he’s doing.” [Huffington Post]

* Puerto Rico is involved in a “rum war” with the Virgin Islands. Whatever, the exports from both islands can only be tolerated with a healthy dose of coke. The real battle would be between Haiti and Cuba. [Out of the Storm News]

* Instead of speed bumps, Canada is going with an optical illusion of a child to slow people down. So once Canadian drivers get used to that, the only possible result of this program will be dead children. Honk if you like grieving mothers at vehicular manslaughter trials. [Yahoo News]

* The lead singer of 90′s boy band LFO has died. So we turn to Marin for a fitting obituary. She says: “It wasn’t the Chinese food that made him sick; it was leukemia.” That email address you’re looking for is advice@abovethelaw.com, I don’t need emails from the Mayo Clinic clogging my inbox. [Us News]

* This Sunday Elizabeth Wurtzel will explain how to write about the bad things that have happened in your life. This Sunday, I’ll be out having bad things happen to me. [Housing Works]

The melding of fashion and law seemed like an odd concept in the past, as evidenced by Elle and her hot pink suits in Legally Blonde. With concerns about counterfeiting, the new intellectual property bill in Congress, and the complex nature of the fashion business, designers need legal support more than ever now.

Stilettos and staid suits met quite literally today as Fordham Law School in NYC launched the Fashion Law Institute yesterday. The CFDA donated $100,000 to the Institute and CFDA president/fairy godmother, Diane von Furstenberg, matched that with a donation of her own. The Institute anticipates that it will need about $1 million its first year.

Continue reading about Fordham’s bold foray into fashion at our sister site, Fashionista.

Welcome back to Above the Law’s coverage of small law firm practice. I was pleased with the comments and emails I received in response to Tuesday’s opening volley. After debating on the subject matter for today’s post, I decided that since Small Law attorneys are quite comfortable, often by necessity, with diving right into the deep end of things, let’s get down to brass tacks: Are there actually jobs at small law firms and, if so, what should you consider before making the switch?

The WSJ Law Blog picked up a Tuesday post from Eric Cooperstein, over at The Lawyerist, discussing one lawyer’s thoughts on the State of the Small Law Union in his home state of Minnesota:

One was a complaint about how difficult it is to attract new lawyers to join law firms in rural areas. The other was the lawyer’s prediction that in the next ten years, half the lawyers in her quarter of the state were going to retire from the practice of law.

Cooperstein follows up with his guess that this problem — or wondrous happenstance, depending on what side of the fence you find yourself — probably isn’t unique to the Gopher State. He speaks the truth. I spent my Small Law years at a firm with 20 to 25 lawyers, most of whom will retire in the next five years. In speaking with my former partners and associates, I’m told the same is true for many of their contemporaries in surrounding counties.

So what do you do if you want to be one of their replacements?

double red triangle arrows Continue reading “Priorities Are a Big Deal When Moving to a Small Firm”

On January 22, 2007, Above the Law reported that Simpson Thacher & Bartlett raised starting associate salaries in New York to $160,000.

That was almost four years ago — 1,326 days ago, to be exact (2008 was a leap year). But here we are, in the fourth quarter of 2010, and a new NALP report is telling us top Biglaw salaries in New York have re-established themselves at $160K. Partner profits haven’t generally remained stagnant for four years, at least at certain firms. Law school tuition certainly hasn’t remained stagnant for four years. But the upper end of associate compensation has been stuck in the mud. Back in 2007, I could go to a movie for $10.50. Now it goes all the way up to $11! I’m outraged!

I’m not actually outraged (well, I am about movie prices, but that’s because at $11 you’d think something besides Inception wouldn’t blow). And you won’t find too many associates outraged that their compensation hasn’t kept pace with growing partner profits at some firms. That’s because most associates are recovering from the terror of layoffs and salary deflation. NALP explains it this way:

NALP’s 2010 Associate Salary Survey shows that, although the $160,000 salary for first-year associates still prevails at large firms in a number of markets, including Chicago, Los Angeles, New York, and Washington, DC, in other markets, such as Boston and San Francisco, the median has dropped back to $145,000, reflecting salaries ranging from $110,000 to $160,000.

Sorry about your tiny pink paycheck, Boston and San Fran.

For the rest of us, let’s take a look at the full salary scale according to NALP’s research…

double red triangle arrows Continue reading “The Salary Scale: Never Has Stagnant Looked So Sweet”

From time to time, we “go live” with the Career Center resources, to give you access to firsthand advice from the hiring partners and in-house counsel at major law firms and companies.  Our next opportunity for this type of professional development will be Wednesday, September 22, 2010 in Miami, Florida.

If you are in the Miami on the 22nd, need free MCLE credit, and would like some great advice on taking control of your career, read on for details….

double red triangle arrows Continue reading “Career Center: Taking Control of Your Career”

We don’t normally cross international borders to find judges to write about; there are enough colorful characters in the U.S. judiciary. But when the jurist in question has appeared in pornography that made its way on to the interwebs, we make an exception.

There are some updates in the tale of Madam Justice Lori Douglas, the Canadian judge who appeared in nude photos showing Her Honor engaging in bondage, playing with sex toys and performing oral sex. We previously “exposed” the story here and here.

The first one is an amusing yet cautionary tale. Just because your porn features a judicial angel in the centerfold doesn’t mean it’s not porn — and, as such, inappropriate to keep on your work computer.

This is a lesson that Alex Chapman, the man who has filed ethics complaint and civil lawsuits against Justice Douglas and her husband, prominent divorce lawyer Jack King, learned the hard way….

double red triangle arrows Continue reading “Accuser of Porn-Posing Canadian Judge Gets Fired”

Craigslist services section earlier this week

The “censored” box that Craigslist put over the “Adult Services” section of its website may have been a last hurrah before capitulating to demands from attorneys general that the section be eliminated. Today, the censored box disappeared from the site.

The “adult services” section is gone, but two new services sections appeared: “cycle” and “marine.” Their offerings are not as exciting as the now-disappeared lusty section. There are multiple ads for jet ski repair in the new marine section in New York, and a “massage special” in the cycle section. It looks like would-be prostitutes are going to have to work on their bike and boat repair skills.

The law — i.e., Section 230 — was on Craigslist’s side. Why did it capitulate?

Read on at Forbes.com.

Hazleton, Pennsylvania, is a lovely little town (or so Lat tells me — his aunt used to live there). But it’s not bigger than the federal government or the Constitution of the United States of America.

That’s the lesson the Third Circuit handed down today with its decision in the Lozano v. Hazleton case. At issue: Hazleton city ordinances making it illegal for undocumented immigrants to work or even rent a house in Hazleton.

Apparently, the Third Circuit still believes in federal supremacy. From the opinion:

Although our reasoning differs from that of the district court, we agree that the provisions of the ordinances which we have jurisdiction to review are pre-empted by federal immigration law and unconstitutional under the Supremacy Clause.

Did you hear that, Arizona? Your quixotic quest to deal with illegal immigrants without consulting the Constitution is almost over…

double red triangle arrows Continue reading “The Third Circuit Respects Supremacy — A Lesson Arizona Will Soon Learn.”

The firm that blogs together, stays together.

Are you a superstar or a team player? When it comes to law blogs, the question is: do you have your own blog, or are you part of a team that writes a group blog? With over 45% of the Am Law 200 now using blogs, amid mounting evidence that blogs bring both publicity and business, many firms are trying to figure out the best way to build a successful blog.

For those of you who have been living underground for the last year, here is how the two different types of blogs work.

The Personal Law Blog

Lawyer X starts blogging. He is an expert in Computer Fraud Law, and as he blogs and shares his knowledge, he gains credibility and brings publicity to the firm, in the form of website traffic and media mentions. He starts to be seen as a subject matter expert, which helps him build relationships and expand his book of business. The firm makes more money and everybody is happy.

This is one strategy. The second strategy is to have multiple authors in a group law blog.

The Group Law Blog

Lawyers A, B, C, D and E come together as a group to write a blog about Video Game Law. Each week, one or two authors write a blog post that leads to greater exposure for the firm. The practice group is seen as more cutting edge, RFPs can mention the blog, and the increased web traffic results in phone calls that lead to more business. Everyone is happy.

So which type of law blog is right for your firm? I took this question to several active members of the online legal community to get their perspectives….

double red triangle arrows Continue reading “The Group Blog v. The Personal Blog”

Kaplan, the prominent test prep company, conducts an annual survey of law school admissions officers. This year, those admissions people expect to be swamped by even more people clamoring to get into law school. Here’s the stat from Kaplan’s press release:

Law School Applications Continue to Climb: 56% predict an increase in applications this year, while only 6% predict a decrease – 25% predict application numbers to remain flat, while 13% were not sure.

Last year saw record or near-record numbers of applicants to law schools. So this year is going to see even more applicants? This is getting ridiculous…

double red triangle arrows Continue reading “Admissions Officers Expect Even More Law School Applicants”

Morning Docket: 09.09.10

* The 9th Circuit ruled yesterday that prisoners held by the C.I.A. in overseas prisons could not sue over alleged torture because the lawsuit might expose government secrets. Secrets like, how the government tortures prisoners. [Associated Press]

* Does punishable mean “able to be punished” and is Miguel Tejada the proper precedent? The answers to these questions will determine a Bush lawyer’s fate. [BLT]

*For those of you who don’t habla español, La Barbie is Spanish for…The Barbie. [New York Times]

* There’s a “Going Into Business Sale” happening at some law firms. [Wall Street Journal]

* So this lawyer clears up issues relating to Minka Kelly’s cockapoodle. I review documents in a small windowless storage closet room. I guess what I’m trying to say is, we can’t all be Atticus Finch. [New York Daily News]

* The University of Chicago Law School received a gift of $10 million in order to keep pace with Yale and Harvard…and Baltimore? [Bloomberg]

* This week, the Morning Docket book club will be reading “Ape House.” I don’t want to ruin the book for all of you, but it features bonobo sex. Dockette will be leading the discussion next week. [New York Times]

It’s that time of the year again: the results for the August administration of the MPRE have been released! No emails have been sent out yet, but you can log on to the MPRE Services website and check your score.

How future lawyers can be tested on their ethics in a multiple choice format is still questionable to me, but who really cares about the format if you passed for your state? Check out this chart to see whether you made the grade.

Obviously we hope some of you only passed by the skin of your teeth. Ethically challenged lawyers make great lawyers of the day.

Congratulations to all those who passed the test. To all those who didn’t pass, “call me.”  And for everyone who had to take the MPRE a week after taking the bar exam and still passed, like me… good Lord, have a beer!

Non-Sequiturs: 09.08.10

Stephen Zack wants a $5 footlong.

* Which four firms do in-house counsel fear the most? [Law 360]

* Professor Orin Kerr offers a more concise version of my analysis from yesterday of politics and Supreme Court clerk hiring, viewing the issue as a principal-agent problem. [Volokh Conspiracy via Instapundit]

* Speaking of the principal-agent problem, Ted Frank explores it in the context of class-action litigation — and has some harsh words for the “coddled Ivy-League defense attorney that’s afraid of the inside of a courtroom and goes home at night feeling vaguely guilty that he’s working for The Man.” [Point of Law]

* Why isn’t the California Attorney General appealing the striking down of Proposition 8? Because “the filing of an appeal under such circumstance would be frivolous.” [Metro Weekly]

* Good news for the next set of Blagojevich jurors. [Chicago News Cooperative]

* What types of questions should law students ask during OCI interviews? [Lawyerist]

* Stephen Zack, the Boies Schiller partner who recently took over as president of the ABA, was just named the Hispanic National Bar Association’s “Lawyer of the Year.” That man is one wise Latino. [ABA Now]

To be arrested with drugs at Burning Man means you’re either hideously stupid, or just extremely unlucky. Either way it sucks to be you.

For the uninitiated, the Burning Man Festival is an annual gathering that happens in the Northern Nevada desert the week before Labor Day, culminating with the cremation of a giant wooden statue, the man, on Saturday night. People fly in from across the world to revel and ditch their inhibitions, and in total it is the largest, and perhaps most hedonistic party on Earth.

I attended Burning Man for the first time this year, and while there have been cries that that this year’s festival was a “police state,” reality hardly bears this out. Rather, Burning Man is a place where laws seem not to apply, nor must they, and there are some good lessons about people’s ability to regulate themselves.

Perhaps the best evidence of people’s natural inclination towards order at Burning Man is the absence of street lights or signage of any kind to direct traffic. People are expected to wear enough lights and glow sticks to be seen by other drug-addled cyclists and the folks driving art cars. People who ride their bikes at night without lights are called “darktards,” and they run the serious risk of being hurt by another cyclist or possibly run over by an art car.

There’s no way to get to Burning Man without a car, and once you’re there, you need to have a bicycle because the Black Rock City has the same land areas as a city. The result is tens of thousands of cyclists and art cars cruising through dust storms and in the dark, with very few accidents.

Without stop signs, people drive or ride slowly and lookout for others. When common courtesy prevails, good things happen.

The Wall Street Journal and others, however, picked up on the fact that burners on the whole felt that Black Rock City was turning into a police state, with nearly 300 arrests, mostly for drug-related charges, during the 2009 festival, according to various reports.

Fortunately there was the Burning Man Barrister, David Levin, an attorney from Palo Alto, who offers his services free of charge (naturally) to folks who run afoul of the authorities inside the festival.

Lawyers for Burners was also on hand to make sure that attendees knew their rights and knew how to conduct themselves in the unlikely event of an encounter with law enforcement. The cards were printed by the ACLU of Nevada and preached politeness, but also instructed the best way to talk to law enforcement.

Read more about Lawyers for Burners on Alt Transport

Protectionism Finds a Home in Ohio

Lawyers are terrified of outsourcing, and there doesn’t seem to be a whole lot of movement in the legal industry towards keeping entry level legal jobs in America.

But outsourcing didn’t start with low level legal work, and so maybe the reaction against it won’t start in the legal field either. Maybe the counter movement will start in Ohio.

Ohio Governor Ted Strickland just instituted a new ban on outsourcing back-end IT services by the Ohio government. The Wall Street Journal reports:

India’s main software body Wednesday termed the U.S. state of Ohio’s decision to ban technology outsourcing to offshore locations as an “electoral rhetoric” that will be counterproductive, while Infosys Technologies Ltd. said it is concerned about the message from the step.

The Economic Times newspaper said Ohio has banned outsourcing of government IT and back-office projects to offshore locations such as India.

Hey, ABA you might want to pay a little attention to Governor of Ohio. I bet a lot of your constituents wouldn’t mind a little lawyer protectionism just at the moment, globalization be damned.

India Software Body Calls Ohio Ban ‘Electoral Rhetoric’ [Wall Street Journal]

Back in February of this year, the National Association for Law Placement (NALP) announced a minor change to its recruiting guidelines. I was underwhelmed. New associates are graduating law school in a terrible job market, firms are sick of being forced to hire people two years before they know their staffing needs, and NALP is fiddling around with the open offer period? Make sure those deck chairs are properly arranged before we all drown!

A wise man once said: “This town needs an enema.”

Back in February I called for a complete overhaul of the fall recruiting process, and only the crickets heard me cry myself to sleep that night.

But today we’ve received word that a firm most of you have never heard of, and a school more known for its women’s basketball team than its law school, are teaming up to come up with a truly new approach to hiring law school graduates. Will it work? Will it catch on? At this point, who cares?

It’s a new idea — not some twice-baked, refried, reheated idea that wasn’t all that good the first time around….

double red triangle arrows Continue reading “A New Approach to Fall Recruiting”

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!