Archive for November 2010

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Yesterday, the National Law Journal compiled its annual report on the biggest law firms in all the land. The top line news: Biglaw still isn’t hiring. Not really. The NLJ reports that the 250 largest law firms shed 1,400 lawyers, about 1.1% of total headcount.

Biglaw shed 4% headcount last year. Putting the two years together, it’s the largest employment cutback in the 33 years since the National Law Journal started compiling these statistics.

A guy on Twitter keeps telling me that things “seem” to be getting better. The NLJ would suggest otherwise…

double red triangle arrows Continue reading “NLJ 250 Confirms the Biggest Still Aren’t Hiring”

Morning Docket: 11.10.10

* The CIA may have destroyed interrogation tapes, but the DOJ isn’t pressing charges. Government bros before terrorist hoes. [Washington Post]

* Nobody doesn’t like Sara Lee Bimbo Bakeries. Cleary Gottlieb, Morgan Lewis, and White & Case are helping to close this mega-bakery deal. [Am Law Daily]

* DOMA made GLAD mad, so GLAD joined the lawsuit fad, sticking up for dad and dad. [Hartford Courant]

* When you’re a law student playing on an FBS team, tuition hikes aren’t nearly as important as football hikes. [ABA Journal]

* Lawyers in the Sooner State are trying to execute their death row inmates — well, sooner — with a new lethal injection drug. [Wall Street Journal]

* Seriously, China? Liu Xiaobo’s lawyer has been banned from leaving the country because he poses a “threat to national security.” [Los Angeles Times]

Oh boy. Discrimination lawsuits filed by former employees against law firms can get pretty salacious. But we haven’t seen a complaint this juicy since Allgood v. Williams Mullen (aka the “cucumber incident”), or maybe Braude v. Maron Marvel (girl-on-girl sexual harassment in Delaware).

This latest lawsuit is captioned Nelson v. Jones Day. It was actually filed back in September, but it only seems to be coming to light now. It was covered last week by eBossWatch, then picked up today by the ABA Journal.

The allegations — which include claims of Jones Day partners and staff supervisors using racial slurs, junior associates “treat[ing] office staff like servants,” and office affairs and sex scandals — are not to be missed….

double red triangle arrows Continue reading “Lawsuit of the Day: Ex-Jones Day Secretary Alleges Racial Slurs, Sex Scandals, and More”

Non-Sequiturs: 11.09.10

It just wouldn't be America if we didn't think our problems could be solved with violence.

* Should we hang illegal immigrants who commit crimes? Ladies and gentlemen, I bring you your newly elected Tea Party Congressmen. Have fun. [Huffington Post]

* Meanwhile, a Daily Show producer allegedly punched a Truther who was heckling Jon Stewart at a book signing. The level of political discourse is really high in this country. (That’s my way of saying that I’m willing to sucker-hang a Truther if it gets me a spot on the Daily Show or a seat in Congress.) [Gawker]

* U.S. Bankruptcy Judge John Olson finally recused himself from a bankruptcy case in which his fiancé works for one of the firms. [Daily Business Review]

* Straight couple wants to get a civil union, not that there’s anything wrong with that. [ABA Journal]

* First year lawyer ordered to have a psychiatric evaluation after he rips up the court file in an effort to get murder charges dismissed. I’d like to point out that this man graduated from a law school and passed a bar exam. [Salem News]

* Duke suspends student tailgating after a student was found unconscious on Saturday. Is it possible for us to be any more overprotective of the millennials? Our enemies can’t wait until these kids grow up and have to start competing in a global economy. [News Observer]

* Political commentator Marc Ambinder’s farewell to blogging. [The Atlantic]

A prominent partner left his white-shoe law firm some time ago, purportedly for falsifying expenses. A juicy detail that is less widely known: some of the fake expenses were for what might be described as improper forms of entertainment.

(This blind item — relating to someone who left his firm prior to 2010 — has nothing to do with Ted Freedman, the former Kirkland & Ellis senior partner whose recent departure we covered last month. Please note the update we’ve appended near the end of our earlier post, quoting a source stating that Freedman simply retired.)

A female attorney, bending over backwards.

Attorney and author Yolanda Young once alleged that Covington & Burling — her former employer and current adversary — had a “staff attorney ghetto.” Now, the National Organization for Women Lawyers (NAWL) wonders if there are so many female staff attorneys that the position is turning into a “pink ghetto.”

I don’t know much about life as a staff attorney or living in a ghetto. But I believe high debts, high stress, and low public regard are endemic to both. The difference is that you can usually find an apartment in the ghetto without spending tens of thousands of dollars on three years of education. Raise your hand if you would trade in your J.D. for a nice set of rims.

Obviously, things are tough for everybody during this recession, but a new NAWL report illustrates that things are especially tough for female attorneys. And not just for the obvious reasons. Sure, women are still criminally underrepresented in law firm partnerships and management positions. But we knew that already.

The exciting new type of discrimination that women face involves the one attorney job where they make up the majority…

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A top New Jersey practice area: Snooki Defense.

There’s no denying it: New Jersey is sizzling hot right now. Jersey Shore is burning up the ratings, Boardwalk Empire is making critics swoon, and Governor Chris Christie, my former boss (when he was U.S Attorney for New Jersey), is being talked about as a possible presidential candidate.

The Garden State is popular among ATL readers too. Several of you contacted us to let us know that New Jersey bar results are now available. You can check them out here. They’re posted by candidate ID number rather than by name, so you’ll have to wait before indulging in schadenfreude toward enemies of yours who failed the test.

As always, congrats to the bar passers, and good luck to those who will need to take it again.

P.S. I took and passed the bar in New Jersey, my home state, way back when. But now I’m an NJ bar deadbeat; I keep my NY license active instead.

Bar Candidates Results: July 2010 Bar Examination

Earlier: Prior ATL coverage of bar results

People read us at work — we’re a procrastination tool, a guilty pleasure. There are so many bored lawyers out there, just clicking refresh, refresh, refresh….

Andrew Sullivan, noting the large lawyer readership of his blog, The Daily Dish, at a very interesting panel discussion last night on the future of the media.

There’s been a lot of buzz coming out of Notre Dame Law. No, the students are not being being pressed into service to defend the university from Declan Sullivan lawsuits. Instead, ND Law dean Nell Newton held a town hall meeting with the students to discuss the future of the university.

After the public meeting, Dean Newton met with some students, and they got into a discussion about the future of tuition at the law school. Depending on whom you talk to (and we’ve now talked to a bunch of people), Dean Newton suggested during this private meeting that there would be either (1) a significant, “dear God, what are you doing” tuition increase at the private law school, or (2) a modest tuition hike. We’ll let you decide whom to believe.

But one thing is for sure: tuition is going up. Notre Dame will not be holding the line with tuition, so current and prospective law students should be prepared to pay more, despite the weakness in the legal economy…

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It’s that time of year again, when most Biglaw firms announce their partnership promotions. But this year, it’s not only the senior associates who are on edge. As shown in our recent associate morale survey results, 62% of associates at all levels attributed the decline in morale at their firms to poor partnership prospects.

Please take this short survey and tell us if and how partnership prospects have changed at your firm since last year, and what really happens to senior associates who don’t make the cut. We’ll bring you the results next week.

In the meantime, head over to the ATL Career Center, powered by Lateral Link, to find out more about partnership prospects at each of the top law firms.

Andrew Shirvell, now a FORMER Michigan AAG.

We mentioned this briefly last night in an update appended to Non-Sequiturs, but it’s big enough news that it merits more coverage. Michigan assistant attorney general Andrew Shirvell — whom we’ve covered extensively, for his blogging campaign against Chris Armstrong, the openly gay (and ridiculously handsome) student body president at the University of Michigan — has been fired by Michigan Attorney General Mike Cox.

(A commenter had this punny response to the news: “Gosh. Is that the last time Andrew Shirvell will run into trouble with Cox?”)

I previously wondered whether Shirvell deserved to be fired. As AG Cox noted in explaining why he didn’t fire Shirvell immediately, government lawyers have free speech rights too.

Most of you weren’t as concerned. In an Above the Law reader poll last month, over 80 percent of respondents said that Cox should fire Shirvell.

And so he has. According to the Michigan AG’s office, Shirvell went well beyond the bounds of permissible free speech….

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TSA's T&A?

Taking off your clothes and getting fondled is usually fun… except when it happens at the airport. Going through security before flights has gotten increasingly humiliating over the years. Watching people prepare themselves for inspection by stripping off their shoes, belts, jackets, and sweaters is like the least sexy and most frustrating strip tease ever.

The TSA’s new whole-body imaging machines make the stripping much more efficient. There are two types of scanners — using either millimeter wave or backscatter technology — which show a person without their clothes on, to reveal a glock, bomb-making materials, or smaller, less intimidating equipment. There are now over 300 of the machines in over 60 airports.

The scanners have been controversial for both privacy and health reasons. Some people aren’t comfortable with a random TSA worker seeing them sans clothing, despite promised privacy protections, such as faces being blurred and the TSA officer who views the image not seeing you in person. And some frequent flyers fear the radiation risks that come with being X-rayed on a regular basis.

A privacy civil rights group, the Electronic Privacy Information Center, is hoping to stay the scans with a lawsuit against the Department of Homeland Security…

double red triangle arrows Continue reading “Can You Fly the Friendly Skies Without Being Seen Naked?”

Morning Docket: 11.09.10

* The Canadian Supreme Court is debating whether a woman can give prior consent for unconscious anal sex. When it’s that cold, I guess you do really freaky things to stay warm. [Vancouver Sun]

* Meanwhile, the U.S. Supreme Court is just plain being anal. Yesterday, the Court rejected the first of the Obamacare lawsuits, because it came too soon. That’s what she said. [CNN]

* Connecticut has added an eleventh man, Steven Hayes, to its death row. If executed, Hayes will be only the second inmate in the state to actually die since 1960. [ABC News]

* Oklahomans wanted to keep sharia law from sweepin’ down the plain, but a federal judge just kept everything from goin’ their way. [Wall Street Journal]

* Not just gay people kill themselves when they get bullied -– alleged child murderers do, too. Nancy Grace has to set up a trust dedicated to finding the missing son of a former guest who committed suicide. [Washington Post]

* The ACLU says that the government is trying to impose the death penalty on Anwar al-Awlaki without a trial. Kind of like the jihad he wants to impose on U.S. citizens, no? [Los Angeles Times]

* Think twice next time before you bitch about your employer on Facebook, because you might just get canned. [New York Times]

There are two ways to make diversity mean something to Biglaw partners. The first involves clients caring about whether or not their legal counsel has made a commitment to diversity. The second involves incoming and lateral talent caring about whether or not they go to a diverse workplace.

But for people to make informed decisions about these issues, they need hard numbers.

Thankfully, we’ve got some hard numbers. Thanks to the hard work of the people at NALP and at Building a Better Legal Profession (BBLP), we’ve got some statistics showing that diversity is taking a hit, thanks to recession — but the pain isn’t being spread to all firms evenly.

This is news you can use, especially if you’re considering going to a handful of firms that we’re about to mention….

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Non-Sequiturs: 11.08.10

* Everyone’s favorite anti-gay crusader, Andrew Shirvell (pictured), has been suspended. [TPM Muckraker]

UPDATE: Shirvell just got fired, according to the Detroit Free Press, “for conduct unbecoming a state employee” (including misuse of state resources).

* Our colleague Bess Levin wants to know: Does Wall Street have a problem with felony charges? [Dealbreaker]

* Professor Ann Althouse wonders why people are talking about marrying tables and clocks. Personally we prefer shoe marriage. [Althouse]

* Professor Tim Wu, something of a cult figure at Columbia Law, is writing a week-long series of posts over at Slate based on his new book, The Master Switch. [Slate]

* Is NYU Law gearing up for Above the Law’s next Law Revue Video Contest? Here’s a musical tribute to the Erie Doctrine. [bl1y]

* What do military leaders think of a possible “don’t ask, don’t tell” repeal? [Metro Weekly]

* Congrats to Seattle attorney Anne Bremner, who appears on this list of 10 famous defense lawyers (despite her own recent brush with the law). [Criminal Justice Degrees]

Peter Crossley of Hammonds and James Maiwurm of Squire Sanders

A hot trend for the law firm world in 2010: transatlantic mergers. This year we’ve seen the creation of Hogan Lovells, from Hogan & Hartson and Lovells, and SNR Denton, from Sonnenschein and Denton Wilde. Today we learn of a third U.S./U.K. law firm merger: the combination of Squire, Sanders & Dempsey and the British firm of Hammonds, to form a behemoth with 1,275 lawyers in 37 offices and 17 countries (according to the merged firm’s new website).

The merger was approved by both partnerships over the weekend and will take effect on January 1, 2011. The combined entity will be in the top 25 firms by number of lawyers, with gross revenue of $625 million (based on 2009 figures).

As you may recall, not everyone was a fan of this merger. The famously outspoken John Quinn of Quinn Emanuel, for example, characterized it as “[t]wo rocks that think if they hug each other tight enough they won’t sink.”

But enough of the Debbie Downer sentiments. Let’s look at all the positive aspects of this transaction, shall we?

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In the good old days, an aspiring lawyer could just read the law under the tutelage of an existing member of the bar. Then, around the beginning of the twentieth century, the ABA and AALS teamed up to begin requiring that wannabe lawyers graduate from law school as a barrier to entry. This was, I presume, mostly a barrier to entry, which I also presume actually worked at some point.

Fast-forward about ninety years to 1992, when the ABA finally figured out that they’d created a mess, formed a task force, and issued a long-winded report, to which law schools responded by creating more “real world” credit options for students. Well, it’s almost 2011, and the process still isn’t working.

Newly minted lawyers are, for the most part, still woefully unprepared to actually practice law. Enter the recession, and now we have thousands of graduates a year, some of whom are attempting to simultaneously solve their unemployment issues and bridge the chasm between legal theory and legal practice by opening their own practices right out of law school.

As an aside, I was amused that one of the ABA articles I found mentioned Harvard’s efforts at reform as including the requirement that first-year students “take courses in legislation, international law, and problem solving in addition to more traditional classes.” Gee, thanks Harvard.

Well, say what you will about their ranking, but at least the University of Missouri-Kansas City School of Law is taking the problem seriously….

UPDATE: CUNY is also taking things seriously, i.e., incubating its graduates, and has been doing so since 2007 (thanks to one of my readers for the tip).
double red triangle arrows Continue reading “Bridging the Gap: UMKC Law Opens a Solo and Small Firm Incubator”

I don’t know how the New York Law Journal managed to get through this entire story without mentioning Above the Law. But we’ll deal with that later. For now, let’s talk about the New York Board of Law Examiners (BOLE) finally admitting that the results for the July 2010 bar exam were in fact accidentally released on Friday afternoon. According to the report, the list of bar passers was accidentally published while they were preparing to allow individual bar exam takers to look up their results using their BOLE IDs.

It’s a point I made in the comments on this post. Once the list was out on Above the Law, there was no reason for NY BOLE to keep it a secret, so they made the full list available for public viewing on Saturday — a good three or four days before they intended to do so.

If New York Law Journal reporter Joel Stashenko and/or his editor actually paid attention to the world around them, they could have had some fun comparing the BOLE statements published on Above the Law on Friday with the ones from BOLE today. Let’s play “spot the horribly mismanaged press policy,” at the expense of NY BOLE….

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Our last installment of the Wedding Watch was almost unbearably non-elite, but we’re happy to announce that the Times weddings section has bounced back. Three prestigious law firms beautify our wedding update today: Jenner & Block, Boies Schiller, and the ever-fabulous Skadden Arps. And two of our grooms (there are four) are partners!

Here are our lucky finalists:

DeVere Kutscher and Duane Pozza Jr. (Stanford, Jenner)

Esther Lederman and Scott Gant (Harvard, Boies Schiller)

Elana Bernstein and Geoffrey Bauer (UPenn, Skadden)

You can read much more about these couples, plus check out our round-up of all the legal nuptials, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch: Thunder in the Night”