Archive for January 2011

Non-Sequiturs: 01.05.11

How hungry was the first guy who figured out this thing was food?

* I suppose stealing lobsters from Africa for export back to the U.S. is better than the alternative. [WSJ Law Blog]

* Adderall ring busted in Brooklyn! Don’t worry guys, looks like med students and doctors were the main miscreants (but a Tennessee lawyer is suspected of being a supplier). [Gothamist]

* You can now curse in Pennsylvania. [Legal Blog Watch]

*… and show a lady’s naked bum on television. [New York Daily News]

* Blind law students can get tech help when taking the bar exam. The thought of Lady Justice actually having anything to do with the bar exam is very exciting. [How Appealing]

* The myths about having a country law practice. Apparently your clients pay you in legal tender now, instead of offering you produce and daughters for competent representation. [Lawyerist]

* A Round Tuit makes his return after a month off. There are a lot of DUI stories, which gives me an idea of what he’s been doing during his break. [Infamy or Praise]

* David Kelley and Robert Morvillo, former adversaries from the Martha Stewart case, meet again — this time to serve together on an NYPD commission. [NYC.gov]

Is “phishing” running rampant throughout the legal community? A few weeks ago, Professor Charlie Nesson of Harvard Law School fell victim to a phishing scam. As the HLS Help Desk helpfully explained at the time, “Phishing emails are fraudulent email messages claiming to be from a legitimate source that ask you to send confidential information such as username, password, date of birth, etc.”

The latest high-profile victim of a phishing attack is a leading law firm, WilmerHale. A mass email is going around, purportedly from “Brian Willmer” of “Willmer Hale,” regarding an alleged subpoena. The email is a fraud; as far as we know, there is no “Brian Willmer” of “Willmer Hale.” It contains a link that you definitely do not want to click on.

Let’s look at the fake email — and the very real response, from the managing partners of WilmerHale….

double red triangle arrows Continue reading “ATL Public Service Announcement: Watch Out for ‘Brian Willmer’ of ‘Willmer Hale’”

Associates bitch when partners won’t share the wealth, but nobody says a peep when legal support staff get shafted. The very concept of staff bonuses has gotten lost in the recession shuffle, despite the fact that the support staff who remain are being stretched so thin.

Well, it looks like Vinson & Elkins remembers that staff are people too. Today multiple tipsters report that legal support staff at V&E will be receiving a bonus. Our sources didn’t know how much they’re getting, but they’ll be getting something.

UPDATE: Reports a Vinson & Elkins source, “As a matter of clarification, the staff bonus that [was just announced] by V&E is an EXTRA bonus being paid by Management. V&E staff already received their normal staff bonuses in December. Viva la V&E!!”

Compare this to Jones Day. In November, the firm broke its legendary code of silence about compensation just to say that their staff would not be getting bonuses. That’s not nice. That’s like a recovering paraplegic going through years of physical therapy to get to the point where he can give his doctor the finger.

So really Vinson does deserve quite a bit of credit here. Good job by them.

And oh yeah, the firm also told associates that they would be getting bonuses this year… and suggested that the bonuses would be better than the Cravath scale….

double red triangle arrows Continue reading “Associate (and Staff) Bonus Watch: Vinson & Elkins Is Treating All of Its Employees”

It’s a happy new year here at Above the Law — thanks in part to our advertisers for this week, whom we’d like to thank:

If you’re interested in advertising on Above the Law or any other site in the Breaking Media network, please download our media kits, or email advertising@breakingmedia.com. Thanks!

Ed. note: Have a question for next week? Send it in to advice@abovethelaw.com.

Dear ATL,

I am an assistant clerk at a state court.  I graduated in May 2010 and worked hard to find a decent job after taking the July bar.  I have noticed over my past few months that a co-worker, also a 2010 law school graduate, has told at least a few pro se parties and attorneys in the court that he is a lawyer.  This would be fine except for the fact that he has not taken the bar in any state.  It particularly annoys me because I am a graduate of a top tier school in the same state as his third tier school and I have taken and passed the bar in two states while he seems to have spent the summer doing nothing.  I only inform attorneys and parties that I am a licensed attorney when specifically asked because the court is suppose to stay neutral and we are not allowed to give legal advice.  I recently tired to point out to him that he is not a licensed attorney and should not tell or imply to people that he is.  He made some BS distinction between a lawyer and an attorney that made it ok for him to say he’s a lawyer.  Need less to say I’m didn’t buy it.  I cannot believe that the parties contacting our office with questions would understand the difference between his definition of lawyer and attorney….

double red triangle arrows Continue reading “Pls Hndle Thx: The Informant”

PASADENA, CA - MAY 04:  A Blackberry Curve 831...

Should police need a warrant to search this?

As a place to live, California has a lot going for it: the Pacific Ocean, pleasant weather, celeb spottings. But if you’re concerned about the police perusing the contents of your smartphone without a warrant, you might prefer to spend your time further east, in the Buckeye State.

The Supreme Courts of California and Ohio have come down on opposite sides of the question of whether police need a warrant to search an arrested person’s cellphone. California may be perceived as the tech-savvy state, thanks to playing host to Silicon Valley, but when it comes to how the law applies to technology, its analysis is rather simplistic. In an opinion issued Monday, California’s court said “no warrant needed,” equating a cell phone with a pack of cigarettes. Hmmmm. Cell phones are addictive, I suppose…

double red triangle arrows Continue reading “On Why It’s Better To Be A Drug Dealer in Ohio Than in California”

Steven Simkin is too cool for a necktie.

Being married to a Paul Weiss partner is nice; getting divorced from a Paul Weiss partner is even nicer. Thanks to the prestigious firm’s eye-popping profits, getting divorced from a PW partner should give you a seven-figure payday (assuming the Paul Weiss partner has been a partner for a while and is the “monied spouse” — a pretty safe assumption, unless you work at, say, Goldman Sachs).

But when you get that gigantic payment — like winning the lottery, but without all the taxes — can you feel confident in its finality? Or do you have to worry that your ex-spouse, a partner at a firm known for its aggressive and brilliant lawyering, will find a clever way to get some of that money back from you, years later?

Consider the tale of Steven Simkin, a Paul Weiss partner of almost three decades, and his ex-wife Laura Blank, who works in education. It involves a multimillion-dollar marital estate, residential properties in Manhattan and the tony suburb of Scarsdale, and an investment account with one Bernie Madoff.

And yes, for your voyeuristic pleasure, the tale comes with hard numbers, lots of numbers…

double red triangle arrows Continue reading “A Millionaire Paul Weiss Partner Might Get Money from His Ex-Wife — Thanks to Bernie Madoff”

This month’s issue of the American Lawyer includes a very interesting feature. The magazine identified 45 up-and-coming female attorneys under the age of 45, at Am Law 200 firms. These kinds of lists tend to be nothing more than a popularity contest, but Am Law seemed to do a thorough job in culling through a lot of nominees to come up with their 45 people. They put in a lot of work.

What caught my attention was Am Law’s stated reason for putting together the list:

Whether it’s “Dealmakers of the Year,” “Litigation Department of the Year,” “Big Suits,” or “Big Deals,” the pages of The American Lawyer typically brim with pictures of men. But time and again, we’ve come across remarkable women lawyers, many of whom fell outside of our deals-and-suits-heavy coverage. To give them their due, we decided to identify the best of the best among young women lawyers in The Am Law 200, and bring them together in a single issue.

Does that strike anybody as slightly patronizing?

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Morning Docket: 01.05.11

Rahm Emanuel has reason to smile today.

* This Kentucky attorney is filing a new brief against the TSA, but not the kind that you’d expect. [Cincinnati Enquirer]

* There used to be a street in Chicago named after Rahm Emanuel, but it was changed because nobody crosses Rahm Emanuel and lives. [Clout Street / Chicago Tribune]

* Who wants to plug the hole with a grenade? The Jersey Supreme Court has got more drama than the Jersey Shore. [Wall Street Journal]

* If your “to do” list involves buying eggs and murdering your law school professor, you should really consider prioritizing your goals. [WJXT Jacksonville]

* Robert Half says lawyers will get a 4.1% salary increase in 2011, except for the lawyers who don’t. Um, thanks? [Boston Globe]

* Well, there’s a first time for everything. A DEA agent shot himself in the foot by literally shooting himself in the foot. [Washington Post]

* Instead of asking “Michael, are you okay? Are you okay, Michael?,” the King of Pop’s doctor, a heart surgeon, wanted to know if anyone knew CPR. [CNN]

Counsel bonuses: a black box.

We’ve devoted extensive coverage to associate bonuses. But what about bonuses for those lawyers who are neither associates nor partners (nor staff attoneys), referred to by most large law firms as “counsel”? How much are they getting in bonuses this time around?

Many Biglaw bonus memos contain language stating that counsel bonuses are determined separately from associate bonuses and on an individual basis. As a result, the bonus market for counsel — or “special counsel,” or “of counsel,” or “senior attorneys,” or whatever your firm might call these folks — isn’t very transparent.

Some readers have asked Above the Law to help….

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Non-Sequiturs: 01.04.11

* Musical chairs: Donald M. Remy leaves Latham to become the new general counsel for the NCAA. No offense, but I hope he’s terrible at his job. The NCAA needs to be sued by all comers until they stop profiteering off the sweat of poor young athletes so that old, rich university presidents can make even more money. [The Chronicle of Higher Education]

* Anything you Google can and will be used against you. [Forbes]

* Did sanitation workers really make the blizzard worse by protesting proposed wage cuts through a “slowdown”? Somewhere there’s a union official freezing his ass off and smiling. [NY1]

* Some people say law school is a waste of time, some people say getting a Ph.D is a waste of time — is anyone starting to feel like “education” is a waste of time? Snooki is rich, famous, and has a book coming out; Sarah Palin might become president. Maybe stupid and uninformed is a perfectly acceptable way to go through life? [Economist]

* Here’s something interesting. Harvard Law School is doing some research on legal mentoring (or lack thereof). They need people (including non-HLS people, of course) to take their survey. [Harvard Law School]

* I wish Princeton had a law school. I bet it would be loads of fun to cover, since their college alums are already so good at getting embroiled in sex-contest scandals. [Jezebel]

Which would you rather wield: a gavel or a Glock?

Who says you have to choose? Not Judge Shaun Floerke, of Minnesota’s Sixth Judicial District, who used a .45-caliber Glock from his safe to protect his wife and five children from a home invader on New Year’s Day….

double red triangle arrows Continue reading “Judge of the Day: Minnesota Jurist Grabs Glock, Subdues Intruder”

I have no idea why this is blowing up today, but it looks like the mainstream media just figured that maybe going to law school isn’t the most awesome idea (especially in this economy).

On New Year’s Eve, John Carney — our former colleague, from his days at Dealbreaker — noted on CNBC’s NetNet that the ABA issued a paper entitled The Value Proposition of Going to Law School (Word document). NetNet called the report an official warning from the ABA about the perils of going to law school. I’m always happy to see that particular report get a little bit more coverage. We linked to Carney’s post in Morning Docket on Monday, when we got back from break.

But then it seems that Doug Mataconis of Outside the Beltway noticed Carney’s report, and he did a story on it. And then Megan McArdle of The Atlantic noticed the Outside the Beltway report, and she did a story on it, today. And in the meantime the ABA paper has been linked and retweeted a bunch of times.

And that’s all well and good, except for the fact that the damn thing came out years ago and was widely discussed in the legal blogosphere back in 2009. So, umm, while it’s great that everybody is interested in this party, there hasn’t actually been any new news about the matter over the last few days….

double red triangle arrows Continue reading “The ABA Started ‘Warning’ People About Going to Law School Years Ago”

Here’s the Ninth Circuit’s certification order, available on the court’s Perry v. Schwarzenegger portal page, and here’s a quick write-up, from Bay City News. Essentially the Ninth Circuit wants the California Supreme Court to decide whether the official proponents of Proposition 8, California’s ban on gay marriage, have standing to defend the initiative’s constitutionality in court, since the public officials who would normally defend it have declined to do so.

In his concurrence to the certification order and per curiam opinion, liberal lion Stephen Reinhardt had catty comments about the litigation skills and strategy of David Boies, Ted Olson, and their colleagues at Boies Schiller and Gibson Dunn….

double red triangle arrows Continue reading “Breaking: Ninth Circuit Certifies Standing-Related Question to California Supreme Court”

We want to hear about your firm’s bonus news, even if it’s old. If we haven’t reported on it yet, we want to know about it. (Use our site search box in the upper-right-hand corner, or scroll through our Associate Bonus Watch archives, to see which announcements we’ve already covered.)

Here’s some old bonus news (literally “last year’s” news). A few weeks ago, Shearman & Sterling announced its bonuses. They essentially matched the Cravath scale, but with the caveat (also issued last year) that they are at least partly “merit-based” — i.e., adjusted up or down based on performance. The S&S bonuses are being paid out on January 14.

Some Shearman associates might be upset by the lack of upward movement on bonuses. But at least one of them probably doesn’t care that much, since he enjoyed other income in 2010.

I’ll take “Lawyers Who Have Appeared on Jeopardy” for $1000, Alex….

double red triangle arrows Continue reading “Associate Bonus Watch: Sherman & Sterling
(And… Jeopardy!)

Listen, little Johnny police officer, the Taser is not a toy.

As an overweight man, adult onset diabetes is one of the things that makes me consider dropping a few pounds. But I’m still so young, so invincible, that long-term health concerns aren’t really enough to stop me from having an extra helping of Christmas goose (not that I even know anybody who eats a freaking goose like some character in a Dickens novel).

But overaggressive cops beating the crap out of me because of the color of my skin? That is a real threat. That is a “health concern” I respect. I know that, for instance, I should never ever jog with a golf club if I want to avoid police suspicion.

I didn’t think that having diabetes could lead to a police beating. But according to a lawsuit filed by John Harmon against the sheriff’s department in Hamilton County, Ohio, that’s exactly what happened to him. Harmon alleges that the cops kicked the crap out of him because he was driving while having diabetes.

Driving with diabetes while being black, of course…

double red triangle arrows Continue reading “The Police Need to Learn That Tasers Don’t Help Diabetics”

By most accounts, law firms had a stronger year in 2010 than in 2009 (although you wouldn’t know it from the disappointing bonuses that many of them paid out). Did a busier year translate into plenty of billables for all associates? In this week’s survey, we want to know whether you met your firm’s minimum billable hours requirement (or unofficial billable hours expectation), and how happy you are with your bonus for the amount of hours you billed.

Please take our short survey below (we keep responses completely confidential), and we’ll bring you the results next week. In the meantime, you can compare billable hours requirements between the leading law firms at the Career Center, hosted by Lateral Link.

I think [New York pizza] is infinitely better than Washington pizza, and infinitely better than Chicago pizza. You know these deep-dish pizzas — it’s not pizza. It’s very good, but … call it tomato pie or something. … I’m a traditionalist, what can I tell you?

— Justice Antonin Scalia, in an interview with California Lawyer magazine (via Josh Blackman, who identifies additional highlights from the interview).

Even though the holidays may be behind us, bonus news is not. Much of the big bonus news tends to come down in November and December, but announcements (and payments) continue into January, February, and beyond. So stay tuned for the latest updates.

Yesterday we posted an open thread for discussion of firms that have paid bonuses greater than the Cravath / Sullivan & Cromwell scales. We’ve received some good intelligence in response to that post, which we’ll be reporting out as we obtain sufficient corroboration. So please keep the tips and memos coming, by email or by text.

Today we have a new firm to add to the list of firms paying more than Cravath and S&C (at least to associates who made their hours): Patterson Belknap, the well-regarded, New York-based, litigation-focused firm.

So how much is Patterson paying out?

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For deputy prosecutor Kirmille Welbon, it's all about the shoes.

What the hell is going on with female lawyers in Indiana? Last month, a lawyer there was accused of going on a rampage, in which she allegedly attacked a boyfriend she suspected of cheating and then assaulted a corrections officer. Today we’ve got another attorney — a deputy prosecutor, no less — accused of violence. She allegedly attacked the wife of a man she was sleeping with.

That’s right, the “other woman” apparently attacked the wife. You can’t attack the spouse if you are the other woman. Doesn’t anybody respect the rules? When did Indiana turn into Vietnam?

And things didn’t even get out of hand until the other woman asked the wife to return a pair of Air Jordans, which just makes Indiana look like it’s operating 20 years behind the times…

double red triangle arrows Continue reading “Lawyer of the Day: Deputy Prosecutor / Other Woman Allegedly Beats Up Wife”