Archive for December 2010

Tyler Clementi

I’m pretty sure we all saw this coming. The parents of Tyler Clementi — the Rutgers freshman who killed himself after his roommate taped and broadcast Tyler’s gay hook-up — have declared their intent preserved their right to sue the university. The Clementis suggest that the university failed to protect their son, articulating various tort claims against the school and even a breach of contract claim (Rutgers broke its agreement with Clementi by not preventing what happened to him). Damages are unspecified, but Clementi’s family is claiming pain and suffering, as well as loss of companionship.

(UPDATE: As Kash noted over at Forbes, the Clementi family just issued a statement “clarifying that they have not yet decided whether they will sue, but filed notice with the university today to preserve their right to sue in the future.” Hence the edit in the preceding paragraph.)

A lawsuit by the Clementis should surprise no one. Rutgers has much deeper pockets than Dharun Ravi, the roommate who used a webcam to broadcast Clementi’s affair, or Molly Wei, the girl who was in the room while Ravi messed with his roommate. Ravi and Wei have already been charged with invasion of privacy, and prosecutors are still trying to figure out if they can bootstrap hate crime charges against Ravi and Wei. But when it came to the civil lawsuits, this was always going to come down to the parents versus Rutgers.

Because when your kid jumps off a bridge, there just has to be somebody to blame….

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Social media savvy teen causes national controversy in Australia

‘Tis the season for… lover’s revenge via the Internet. Last week, Elie brought you the tale of a cuckolded man who filmed his wife making out with a fellow SMU Law student (and intervened to throw a weak punch). Then the husband posted the sad, sordid video to YouTube. Because shame makes the hurt go away.

Meanwhile, over in the land down under, a 17-year-old in Melbourne is using her social network savvy to punish a couple of Australian football players who allegedly did her wrong. Kim Duthie claims to have scored with two of the players (and to have had a miscarriage as a result). Feeling used and abused, she’s now using all the digital tools at her disposal — Facebook, YouTube, Formspring, and Twitter — to broadcast her story, as well as a handful of naked photos of the St. Kilda football players. This girl makes Karen Owen look like a saint.

And apparently she didn’t think through the legal implications of putting photos of the football players’ “lands down under” up on her Facebook page…

Read on at Forbes.com.

Fund practices are heating up in the Windy City, and this week’s job is a great opportunity for a junior attorney. As Lateral Link principal T.J. Duane recently discussed in the American Lawyer, lateral hiring next year is going to be hot. So if you are looking to make a move, now is the time to start the process — and Lateral Link can help.

Position: Junior Fund Formation Associate

Location: Chicago, IL

Description: Top Chicago corporate practice seeks a junior corporate associate to join its fund formation practice and to focus exclusively on fund formation transactions. One to three years of corporate transactional experience required. Experience in the formation, structuring and management of private equity funds is ideal but not required. Big firm experience and top academics required.

For more information about this opening, see Position 7422 on Lateral Link. If you are not a current Lateral Link member, you can register for free at www.laterallink.com. All active Lateral Link members work with a personal search consultant who provides assistance throughout the job search process.

Interesting. Leading litigation firm Paul Weiss just announced its associate bonuses, and it’s using the scale of Sullivan & Cromwell — not the substantially similar but slightly cheaper scale of Cravath.

Some Paul Weiss sources had hoped for better, noting that the firm scored a huge contingency fee in 2010. Last week, one of them wrote to us (before all the other shoes dropped): “I know S&C and STB are the best hopes, but do you really not want to mention PW, litigation powerhouse with $91 MM contingency fee this year? PW has been quiet, while lit-heavy K&E, QE, Cahill, and Sidley have topped market.”

(Oh, and add lit-heavy Boies Schiller to that, as we reported earlier this morning.)

Alas, it was not to be. Paul Weiss has fallen in line behind Sullivan & Cromwell, which (more or less) fell in line behind Cravath.

But let’s look on the bright side. The S&C scale offers slightly better payouts to the most senior classes of associates. Will any of the lockstep New York firms that originally followed Cravath go back and give their most senior people S&C bonuses?

Or is it not worth the hassle? The Sullivan & Cromwell scale is very close to the Cravath scale. Let’s put them side by side — and learn about a SPECIAL GIFT that Paul Weiss gave to its associates, to take the sting off the bonus news….

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I like it when the mainstream media drops by to take a look at the student debt crisis. I’d like to think that, unlike the housing bubble, this impending crisis can be avoided with sensible government regulation and individual actors making smart decisions about their own financial futures.

The government regulation is, strangely, the easy part — Congress will care that younger Americans are being crushed under their own debt load, or it won’t. This seems to me like a non-partisan problem. So if our elected officials get a clue (a pretty big “if”), then perhaps something positive will happen.

Getting individual actors to behave in their own economic self-interest is the hard part. Trust me, I talk to students thinking about going to law school almost every day. These kids seem to be allergic to facts and figures. But maybe with enough media spotlight, families will actually start thinking about how their kids are going to pay off their debts, and behaving rationally.

There was a big article on MSNBC.com yesterday showing just how far we have to go, as a country, to get the student loan crisis under control…

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The Boies bonuses make our use of this photo appropriate.

Earlier this month, we heard that Boies, Schiller & Flexner, the legendary litigation firm founded by the celebrated David Boies, wasn’t holding its lavish annual firm retreat in Jamaica (to which spouses and families have been invited in the past, all on the firm’s dime). This made us wonder: Despite its extensive involvement in headline-making cases throughout 2010, did BSF somehow not have a good year? [FN1]

Umm, no — at least not based on the Boies bonuses. Boies Schiller announced its associate bonuses on Tuesday, and they were “generous as usual,” according to one source.

Actually, that’s an understatement — a huge one. Almost as huge as the Boies Schiller bonuses. We believe them to be the biggest and best of the bonus season so far.

We reached out to the firm, which provided us with some hard numbers about its eye-popping bonuses….

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Morning Docket: 12.22.10

Tax THIS.

* Was it over when some Japanese bank created fraudulent tax shelters??? Hell no! [Bloomberg]

* “You guys wanna go see a dead body?” Vern. [Washington Post]

* Suspected terrorists may get to challenge their indefinite detention periodically. Merry Christmas. [CNN]

* Churches in one Kansas town are fighting a new “driveway tax.” Render unto Caesar driveway taxes, and unto God something something. [Kansas City Star]

* Bank of America stands accused of illegally breaking into Ms. Ash’s house and stealing her husband’s… ashes. [New York Times]

* First pervert in city busted under state e-mail surveillance law. Because Post headlines are better than anything I can write here. [New York Post]

In fairness, Mariah Carey does fill out a Santa suit better than I do.

Last night, we gave you a little recap of the ATL holiday party — if you will forgive the expression — that PLC and ELR Search sponsored. Wow. Some of you commenters are really mean, especially after Kash takes out a restraining order against you. Your clever use of ouchy words really did a number on us here at ATL. I had to use my orbital ass to block out the moon last night to keep Ami from turning into a werewolf. I thought everybody would be over it by morning, but when I came in Marin was using a size 4 sweater as a full sleeping bag and our CEO was selling off Breaking Media equipment on Ebay while screaming “No, not again, I’ll not be ruined the internet bubble a second time!”

Just kidding — we know you say these things out of love, the love the rest of polite society denies you because of your various deformities. Pitiful commenters of darkness, what kind of life have you now? God give me courage to show you, You are not alone.

In fairness, there was only one comment last night that really pissed me off. It was the first one: “If you attended this you are a LOSER and need to GET A LIFE.” Really buddy? Coming out for free drinks and free food on a random Wednesday, if you read a blog — a blog you yourself read so intently that you are FIRST to comment on it — makes you a “LOSER.” Really?

Whatever. Winners, a class of people I think “Guest” knows nothing about, should be able to come and hang out at the humble holiday party thrown by a blog they read if they want to.

And then they should also be able be wined and dined at a proper holiday party, thrown by their employers. And employer-sponsored holiday parties, especially when the employers are large law firms, should be so extravagant that “Guest” gets paid time-and-a-half to serve drinks while successfully breathing through his nose instead of his mouth.

Were they? Or was this yet another year of recession-affected law firm holiday parties?

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Non-Sequiturs: 12.21.10

Hal Turner: This blogger must go to prison.

* Professor Paul Caron has taken the data gathered by Princeton Review and come up with new law school rankings. Which school comes out on top? (Stanford is #2.) [TaxProf Blog]

* Are business students better than law students at making clever musical parody videos? Check out “Those CBS Girls” (Columbia Business School girls), set to the tune of Katy Perry’s “California Gurls” (sic). [Dealbreaker]

* Hal Turner, the New Jersey right-wing blogger / shock jock who blogged “these judges must die,” has been sentenced. How much time did he get? [Huffington Post]

* Congratulations to the fabulous Judge Leslie Kobayashi, who was recently confirmed to the U.S. District Court for the District of Hawaii (along with other Obama judicial nominees confirmed to various courts around the country). [angry asian man; Associated Press]

* When non-whites play golf, bad things happen. [ESPN]

* The juicy lawsuit filed by Ariel Ayanna against Dechert got lost in the bonus news shuffle around here. But here are some thoughts from Jane Genova. [Law and More]

Long before Rounders and internet gambling and ESPN’s World Series of Poker coverage came along to ruin it all, poker was the game where if you could play (and had a sufficient bankroll) you could sit at a table with important people and make them know your name. You know, back in the day before poker became all about velvet ropes and posturing.

Luckily, despite the poker explosion, so few people play it well that snagging an invite to a quality Thursday night game is still a huge deal. In your career, you’re only going to have a few opportunities where a partner or client invites you over to his home — you cannot blow them. Being able to play a quality game of poker is a useful skill to have in your set. You need to know when to hold them, know when to fold them, and know when to walk away when your partner or client gives you that “fold boy, this is my table and you’re not allowed to win money here” look.

So we’ve got an interesting way to help you out….

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As we head into the home stretch of our Top Partners to Work For series, we want to thank all of our readers who submitted such glowing partner nominations.  If you work for an outstanding partner whom you think should be included on the list, we will be accepting new nominations in another survey in a few months.

Over the past three weeks, we highlighted the best partners to work for in New York; Washington, D.C.; and California.  Our round-up wouldn’t be complete without a stopover in the Windy City, before moving on to some of the smaller legal markets to close the series.

Today, we present to you six Chicago partners who go above and beyond the call of duty. And they do so while working at some of the nation’s most prestigious firms: Mayer Brown, Katten Muchin Rosenman, Winston & Strawn, Latham & Watkins, and McGuire Woods.

A round of applause for these six partners….

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Now that you’ve figured out what to give your secretary this holiday season, what about the lawyers in your life? Many of you have friends or family members who are lawyers or law students, and if you haven’t done so already, you need to get them — forgive the expression — Christmas presents (or holiday gifts, if you prefer).

Lawyerly types can be tough to shop for. As we’ve previously discussed, lawyers aren’t great about giving gratitude, and they’re often very critical — so your gifts might not be warmly received. Also, many lawyers earn good incomes, meaning that when they actually need or want something, they often just go out and buy it themselves (or let their firm to buy it for them — e.g., the iPad).

So what should you get for the lawyers in your life this holiday season? We have some suggestions….

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Here’s some very belated bonus news. Earlier this month, the New York office of Linklaters announced bonuses that matched the Cravath scale.

As usual at Linklaters, there was no hours requirement. The news was communicated via individual memo.

A Cravath match, especially in a bonus season when some firms are paying significantly more, kinda sucks isn’t that exciting. A Cravath bonus won’t get a Linklaters associate a pad as palatial as that of Linklaters partner Michael Bassett. Heck, $35K — the top of the Cravath scale — probably won’t even cover the cost of Bassett’s wallpaper.

But we’ll point out two nice things about Linklaters, both relating to tax issues….

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(But at least it has the gay gross-up.)”

This is just coming into the ATL inbox, but it appears that Sullivan & Cromwell has announced bonuses that will essentially match the Cravath bonus scale.

“Essentially,” because there are a few interesting caveats: people in the class of 2003 will get $37,500 — i.e., $2,500 more than the Cravath class of 2003 — and our tipsters say there is language in the memo suggesting that S&C might pay a spring bonus next year. (You’ll remember that S&C did not pay out spring bonuses this year.)

UPDATE (1:07 PM): In addition, people in the class of 2002 will get $42,500. The spring bonuses will depend on the firm’s performance.

UPDATE (1/21/11): Read about the S&C spring 2011 bonuses over here.

If you have more information (or the memo), please send us an email at tips@abovethelaw.com, or a text message at 646-820-TIPS.

In the meantime, this news looks like a compromise between the conflicting SullCrom factions we reported on last week

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And I was at — forgive the expression — a Christmas party at the Department of Justice, and people actually [were] really worried about this [budget issue].

— NPR legal affairs correspondent Nina Totenberg, in a recent on-air discussion. Totenberg’s apology for using the “C” word has generated controversy in conservative circles.

UPDATE: Totenberg intended no disrespect to Christmas. See here.

Does the Justice League know anything about justice?

As we mentioned in Morning Docket, the New York Times profiled the most dork-tastic new blog: Law and the Multiverse: Superheroes, supervillains, and the law. The blog brings a legal focus to various superhero universes from comics and movies.

I have a few thoughts, in no particular order:

  • Wasn’t this the plot to the generally unwatchable Hancock? Doesn’t Will Smith goes into an alcoholic funk after he gets sued?
  • Wasn’t this also the set up of The Incredibles? They outlaw superheroes because of all the property damage they’re causing?
  • How long before the History Channel turns this blog into a television series? I say it’s out no later than the release date of the next Spiderman movie.
  • Speaking of Spiderman, did you hear that one of the actors in the Spiderman musical on Broadway fell out of the sky last night? It’s kind of horrifying, but you know: tonight thank God it’s them, instead of you.

Anyway, let’s take a look at these law dorks who have given up trying to ever impress a woman…

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And another one bites the dust. Simpson Thacher just announced associate bonuses, and they’re using the Cravath scale.

Here is one source’s concise communication: “Simpson Thacher bonus memo just released — matching Cravath. A**holes.” Says a second: “I feel like I got punched in the gut.” From a third: “People here are livid. Can’t believe they announced a month later than normal and matched. What BS.”

Another top firm matching Cravath? Honestly, it doesn’t sound shocking.

But the Simpson match might be slightly more newsworthy than the recent Cravath matches by Davis Polk, Cleary, and Debevoise. Here’s why….

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It’s the most wonderful time of the year… for a legal secretary / administrative assistant. Law firm partners are getting their end-of-year distributions, associates are getting their bonuses, and some of this bounty will be shared with their secretaries, in the form of Christmas — er, holiday — gifts.

What should you get your secretary as a holiday present? It’s a familiar question that comes up every year. Here’s an open thread where you can discuss and compare notes with your peers. We’ve also included a reader poll at the end of the post.

Let’s start the conversation with some preliminary observations….

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Morning Docket: 12.21.10

Shaun Ellis is getting sued over a snowball fight.

* The fight for the future begins: the FCC is going to deal with net neutrality today. Are we going to end up with a red pill versus blue pill scenario? [Media Decoder / New York Times]

* Super-agent Jim Wiatt, former head of the William Morris talent agency, is suing Winston & Strawn and former Winston partner Jonathan Star Bristol. [ABA Journal]

* With the threat of a Cuomo lawsuit, Ernst & Young is totally wishing that it didn’t ignore those Repo 105s on the Lehman books right about now. [Going Concern]

* For most law firms, the Twitterverse is still a poor and misunderstood red-headed step child – the kind not even worthy of a single beating. [Corporate Counsel]

* It’s a good thing Above the Law doesn’t have a repeal amendment, or the commentariat would try to overturn my employment. [CBS News]

* What does this pedophile want for Christmas? A 12-year-old stocking stuffer. The author of the how-to guide for child touchers was arrested under Florida law. [CNN Justice]

* Shaun Ellis is getting sued for throwing a snow ball. Okay, so it was a snow boulder, but it looks like the only thing that got hurt was the victim’s ego. [New York Post]

* What this lonely Jew is going to do for Christmas: get drunk, eat Chinese food, and read about superhero law. Because really, I’m just that nerdy. [New York Times]

Left to right: Breaking Media CEO John Lerner and ATL editors Elie Mystal and David Lat.

The Above the Law holiday party last Wednesday was a huge success. So I’ve been told. Apparently, my night ended at some diner on the LES with Marin telling the waitress I needed an IV of fluids. Or something like that. Also, if you have my cell phone, hat, left shoe, or Livescribe Echo Smartpen, please send it back.

The event was hosted by our friends at Practical Law Company and ELR Search. They were great partners to have for an event like this. There were many readers who came to the event, and once they found out that I was actually not that entertaining (and kind of a bastard) in person, PLC and ELR representatives were there to give our readers some information between their drinks. It was a win-win. Readers got value and free drinks from our partners, and — emboldened by libations — they got to give me a piece of their mind. Apparently I really piss a lot of you off; who knew?

Lat was there too, of course. But people are nice to him and he didn’t get hammered, so his memories are pleasant. But who wants to read about other people’s happiness? Let me tell you how things went down from my point of view….

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