Archive for February 2011

In case you haven’t been following along, the National Football League has been dealing with a little controversy from 1,250 fans who went to the Super Bowl. It’s been labeled “Seatgate.” These people bought tickets to the Super Bowl, but when they arrived in Dallas, their temporary seats were not completed. It appears that Super Bowl organizers knew there was a chance the seats would not be ready in time, but didn’t tell the fans. It turns out they had to watch the game in a standing-room area, on a television, or from different locations in the stadium.

The fans got screwed; no doubt about that. And, like an airline that bumps people because they oversold the plane, the NFL is trying to make it up to the fans. It’s not out of kindness; the NFL is just trying to mitigate the public-relations damage from Super Bowl ticket holders not having seats. So the NFL has offered the fans a number of “make good” options.

But the fans are not satisfied, and now there’s talk of lawsuits. Why? Because people are dumb and greedy and trying to milk their hardship for everything it’s worth.

To tell you the truth, I really want these super fans to go away already…

double red triangle arrows Continue reading “Is Anybody Else Sick of Disgruntled ‘Seatgate’ Super Bowl Fans?”

As a deeply self-loathing Asian-American, I do not support Asians shooting white people. The white people were nice enough to let us (or our ancestors) into this great country of theirs; the least we can do is show some gratitude.

In addition, as an emasculated Asian male (is that redundant?), I don’t like guns. Of course, I respect the Second Amendment, and I’m not endorsing any specific gun-control legislation. Legal and constitutional questions aside, I just think that guns are icky and scary and bad, and the world would be a better place if nobody had them.

Given all my weird hang-ups about Asians and guns, I probably wouldn’t have made it on to the jury in Commonwealth v. Ung. The criminal trial of (former?) Temple Law student Gerald Ung — a gun-toting Asian accused of shooting Eddie DiDonato, a former Villanova lacrosse captain and the son of a prominent Fox Rothschild partner — got underway in Philadelphia this week.

And Ung’s lawyer, defense attorney Jack McMahon, seems to be standing up for the right of his client to shoot some bros — in self-defense, of course….

double red triangle arrows Continue reading “Commonwealth v. Ung: The Temple Law Student Shooter Goes to Trial”

As we recently mentioned, Above the Law is dramatically increasing its coverage of small law firms. Clients and lawyers are moving in the direction of smaller firms, and ATL is following suit.

In response to our posting for a new small-firm columnist, we received dozens of superb applications (and we thank everyone who applied for their interest). The pool of talent was so strong that we decided to take on not one but two new columnists — doubling our dedicated small-firm coverage, with posts on at least four out of five weekdays (in addition to our existing coverage of small law firms).

Let’s meet our new writers. One of them should be familiar to many of you, and one of them will remain shrouded in secrecy….

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Morning Docket: 02.09.11

Lindsay Lohan

* The House failed to extend key provisions of the Patriot Act yesterday. Terrorists are unable to create jobs in such an uncertain regulatory environment. [Washington Post]

* A conservative legal group, the Pacific Legal Foundation, is fighting the application of Title IX to high schools. At issue is whether throwing like a girl is something to be celebrated. [New York Times]

* Two former employees of SAC Capital are hit with insider trading charges. [Dealbreaker]

* Lindsay Lohan will be arraigned today for allegedly ganking a necklace. Your assignment is to finish this blurb, preferably with a pearl necklace reference. [Los Angeles Times]

Mark Sanchez

* Technology and global competition threaten to change the legal profession for the worse. In the future, all lawyers will be South Korean robots able to review documents, file motions, deliver closing arguments, and hit on my mom. Wait, sorry. That was actually from my dream journal. I have really vivid nightmares. [New York Law Journal]

* There was a panel discussion at NYU Law yesterday on whether federal courts are biased towards business interests. I like money. [WSJ Law Blog]

* Deadspin dropped the hammer on Dirty Sanchez yesterday. Nothing too shocking, you know? [Deadspin]

It’s Christmas morning here at Above the Law. Thomas M. Cooley Law School has released a new set of law school rankings designed to make Thomas M. Cooley Law School look good. Back in 2009, Cooley incredibly ranked itself the 12th-best law school in the country.

Now the farce reaches new and glorious heights. In this latest edition of Cooley’s own Judging the Law Schools rankings, Cooley has rated itself — wait for it, wait for it — the SECOND BEST law school in all that land. That’s right, #2! Harvard is #1, so according to Cooley, if you can’t get into HLS, you’d be making a wise career decision to go to Cooley instead of, oh, I don’t know — YALE. Click over to the Cooley website if you want to see the full list; I don’t want to befoul ATL’s pages with a breakout of Cooley’s top ten.

This, my friends, is funny. But it’s also serious. Because there are real people studying at Cooley right now, and I don’t think they understand how horrible it makes the school look when the administration publishes things like this….

double red triangle arrows Continue reading “Latest Cooley Law School Rankings Achieve New Heights of Intellectual Dishonesty”

Non-Sequiturs: 02.08.11

* BarMax has launched its new app, BarMax NY for iPad — and it’s giving away one BarMax NY to a lucky law student at each law school in New York. [Yahoo Finance]

* Nancy Gertner and Stephen Shay have been named Professors of Practice at Harvard Law School. Lat wonders if Judge Gertner will wear peep-toe shoes to class. I wonder how it came to pass that I know what a peep-toe shoe is. [Harvard Law School]

* Speaking of the Crimson diploma factory, the Harvard Law Review elected its first “openly” gay president. You see where I put the scare quotes? Yeah, you know it, baby. [Harvard Crimson]

* Professor Larry Ribstein explains why Malcolm Gladwell’s an idiot so I don’t have to. [Truth on the Market]

* The latest on American Needle, from Professor Marc Edelman. [Social Science Research Network]

Sophia Chua-Rubenfeld, Amy Chua's 'Tiger Cub'

* Once again, ABA president Stephen Zack seems to get why law school transparency is important. But we’re still waiting for him to actually do something to force law schools to divulge complete and accurate information. [Law School Transparency]

* A “Tiger Cub” talks about how annoying it is to live with “Tiger Mothers” like Amy Chua. You know, if some Western mother went to China extolling the benefits of a laid-back upbringing, wouldn’t the Chinese government just ban her book and get back to lending us money? I think American parents need to put Chua’s book down and go back to letting the television and nanny do their jobs. [Cornell Daily Sun]

* Confession? There’s an app for that (kinda). So, for those keeping score at home, you can pray to God via an iPhone, but you better not be texting about a CONDOM because that still pisses Him off. [Time / NewsFeed]

Disclosure: BarMax is an ATL advertiser.

Natalie Lee (aka Cavanaugh Lee)

Might we be seeing a new trend, namely, federal prosecutors moonlighting as novelists?

Last year, as part of Above the Law’s Career Alternatives series, we profiled Allison Leotta, an assistant U.S. attorney in D.C. who wrote a well-received thriller, Law of Attraction. Today we introduce you to Natalie Lee — an assistant U.S. attorney in Savannah, former associate at Alston & Bird, and author of a new novel, Save as Draft. (When looking up the book, please note that Natalie writes under a pen name, “Cavanaugh Lee.”)

Like Law of Attraction, Save as Draft has garnered some nice reviews. A post on Chick Lit Reviews, for example, praises the book as a “fantastic read that all of us technology addicted Chick Lit fans will absolutely fall in love with, a must read!”

The reference to technology addiction relates to the novel’s ingenious premise. I discussed that premise — along with other topics, such as the inspiration for the book’s law firm partner / villainess, a products-liability litigatrix named Rose — in a recent interview with Natalie Lee….

double red triangle arrows Continue reading “Save as Draft: Meet Natalie Lee, Novelist and Federal Prosecutor”

Yesterday, the deafening silence from Skadden, Davis Polk, Weil and others on spring bonuses was pierced by news that Cadwalader is currently considering whether to pay spring bonuses.

It’s the first fresh spring bonus news we’ve had in a while. It seems like Cravath’s announcement of springtime bonuses that topped Sullivan & Cromwell’s spring bonuses made the market come to a screeching halt.

You feel like the other top firms will have to match. But right now the ball is in the court of firms that are not used to being market leaders when it comes to associate compensation. These firms know they’ll have to pay top of the market compensation; they just don’t know what the top of the market is yet. Is it S&C’s bonus? Or is it Cravath’s? Nobody wants to end up like Skadden in 2008, which paid out much more in bonuses than its peer firms that year.

So right now all of these firms are kind of looking at each other, waiting for one of them to do something. According to a tipster, that’s what’s happening at Weil — they’re just desperately waiting for somebody to tell them what to do…

double red triangle arrows Continue reading “Weil We’re Waiting for Spring Bonuses…”

There’s a fair amount of happy news at Bingham McCutchen right now. The firm is enjoying record profits and bringing in new talent. It once again made Fortune magazine’s list of best companies to work for (along with three other law firms).

And here’s some additional good news. Last year, Bingham experimented with a somewhat complex “merit-lockstep” hybrid approach to associate compensation. This year, Bingham is moving back to a simpler system.

Let’s take a look at what they’re doing….

double red triangle arrows Continue reading “Associate Bonus Watch: Back to Basics at Bingham”

Honestly, the gay side’s where all the money is. There might be 30 straight guys who can make a living at it, but if you’re willing to get f**ked in the a**, I can get you five grand right now.

Marc Randazza, a First Amendment lawyer who represents pornography companies, responding to a man who expressed interest in becoming a porn performer. (Gavel bang: The Daily Dish / Andrew Sullivan.)

(Disclosure: In addition to representing porn companies, Randazza represents Above the Law. He represented ATL in Jones v. Minkin, the one and only time we’ve been sued (knock on wood). The case was dismissed.)

Mmm... lunch.

When I first got this job, I thought that it might be a good idea for me to hook up a Breathalyzer to my laptop to prevent me from posting drunk. Then I realized people enjoy this site more when at least one of us is drunk, and so I sacrifice my liver for you fine readers.

Of course, making internet pronouncements about which law schools should be avoided is one thing; it’s not like I’m sitting on a bench wearing a black robe and banging a gavel. I’m not a judge (or a driver), only my shrink needs to know how many Bloody Marys it takes before I feel like dealing with commenters.

In short, I’m not Judge W. Kennedy Boone III, a Washington County Circuit Court judge in Maryland. In November 2009, Judge Boone got into a car accident where his BAC was .18 — twice the legal limit in the state of Maryland. In March he pleaded guilty to a DUI. And now the Maryland Commission on Judicial Disabilities is making him submit to a Breathalyzer twice a day when he goes to work.

So yeah, Maryland can’t trust the guy to remain sober for an entire work day, but as long as he can prove that he’s sober he is allowed to be a judge, with power over people’s lives…

double red triangle arrows Continue reading “Judge of the Day: Maryland Judge Must Submit to a Breathalyzer Twice a Day, But Still Keeps His Job”

Judge Marjorie Rendell (former First Lady of Pennsylvania).

There’s lots of law-related news coming out of Philadelphia right now.

The lead story on the Philadelphia Inquirer’s website today is about the latest Villanova Law scandal, regarding falsified admissions data being submitted to the ABA. (The article contains a shout-out to ATL, which we appreciate.)

The trial of Gerald Ung, the Temple Law student accused of shooting another young man, is getting underway in Philly this week. Opening arguments are set for this morning. (If you have any tips on the Ung story, please contact us.)

And then there’s the news that has all tongues wagging in the City of Brotherly Love: the split of a big-time Pennsylvania power couple (and a pair of Villanova Law grads, by the way).

Former Governor Edward Rendell, who left the governor’s mansion just last month, and Judge Marjorie Rendell, a prominent judge on the U.S. Court of Appeals for the Third Circuit, are going their separate ways. They announced their separation, after 40 years of marriage, in an email sent to friends….

double red triangle arrows Continue reading “Separation of Powers: Governor Rendell and Judge Rendell Split”

I like it when the artifice drops and Biglaw is shown to be dominated by greed. I don’t necessarily use the word “greed” pejoratively. I like money, you like money, and if somebody offered you more money to do what you are doing already, you’d take it.

I just like it when people can admit that the only thing they care about is money. It just makes things more efficient. What do you want? More money! When do you want it? Now!

Associates get a lot of flack for being unabashedly greedy, but an excellent report in today’s Wall Street Journal illustrates that Biglaw partners are just as obsessed with money has anybody else.

And the only problem is that the partners losing out on the money grab are kind of pissed….

double red triangle arrows Continue reading “When Poaching Partners, It’s All About the Benjamins”

Morning Docket: 02.08.11

* Frank McCourt’s lawyers at Bingham have lawyered up in an attempt to dodge responsibility for their royal screwup in his divorce. Dodge. Get it? I spit hot fire. [Los Angeles Times]

* In other garbage baseball team news, David Wright says the Madoff lawsuit will have an effect on Mets players. When you’re a Met, you can’t have too many excuses. [ESPN]

* Patton Boggs has filed suit against Chevron and their counsel at Gibson Dunn as part of an ongoing lawsuit that accuses Chevron of raping Ecuador. Raping figuratively, I think? I think that’s right. [Wall Street Journal]

* The Google executive imprisoned in Egypt was released yesterday. He immediately sent out a tweet that said “Freedom is a bless that deserves fighting for it. That said, I think I’ll just be evil now. It’s easier.” [New York Times]

* Immigration law is the hot new practice. Brown is the new black. [Kansas City Star]

* Yakima, Washington succeeds in crushing Man’s dream of getting coffee with one cream, two sugars, and extra butt cheeks. [ABA Journal]

Daniel de Juan, a sales engineer from Mitratech, summed up perfectly what LegalTech was like for me this year: “Being at LegalTech is almost like being at a casino, in the sense that you lose all track of time.”

Two years ago, I found the conference to be pretty intimidating, and that was when the conference was much smaller due to the weak economy. Last year, LegalTech New York was much bigger, and I found it slightly overwhelming. This year, due to some bad planning on my part, I came home from LegalTech utterly exhausted.

It seems I wasn’t the only one who felt this way. After a quick search on the Internet, I have seen only a few things written up about the conference, so I’m guessing many people went through the same experience. (For example, I spoke with members of The Posse List on the first night, and they told me that they were gearing up to do 36 interviews during the two and a half day conference — so it must have been a whirlwind for them as well.)

That said, here are some musings from my adventure last week….

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Non-Sequiturs: 02.07.11

Justice Kennedy

* How did Howrey start to unravel? The trouble might have started in Europe. [Washington Post]

* Congratulations to Arvo Mikkanen, a Native American nominee to the federal bench in Oklahoma (and “an all-around great dude,” according to a tipster). [The Atlantic]

* Washington & Lee Law School, which we recently praised for its honesty to prospective law students, gets even more transparent — in an interview with Vault. [Vault's Law Blog]

* In a recent visit to USC, Justice Kennedy presided over a Shakespeare-inspired trial — something he has done before — and denied that the justices think about the news media when making their decisions. Methinks His Honor doth protest too much. [USC News]

'Please don't ship me in a box with no air holes.'

* A New York trial court smacks down a claim of cyberbullying. [Adjunct Law Prof Blog]

* Taxing alcohol to reduce crime? Sounds like that will lead to more muggings for alcohol money. [Going Concern]

* If you try to mail a puppy from Minnesota to Georgia in a box with no airholes, you don’t get your dog back. Also, you get shipped directly to hell. [Runnin' Scared / Village Voice]

* Blawg Review #297: The Hair Shirt Edition. [Big Legal Brain via Blawg Review]

Thank you, Above the Law readers. The results are in for January’s Lawyer of the Month, and I can happily report that I do not write for an audience comprised solely of heartless, cynical d-bags.

Seriously, I’m going to be able to talk to my mother about what I do for a living for a whole week.

In a month that had some worthwhile competitors, one lawyer stood out above the rest…

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This Villanova scandal is going to get uglier before it finishes. On Friday, we reported that John Y. Gotanda, the dean of Villanova Law School, sent a letter to students and alumni in which he revealed that the school reported inaccurate admissions information to the American Bar Association.

The letter was light on specifics. According to comments made by a Villanova spokesperson to the ABA Journal, the problem involved Villanova providing the ABA with incorrect LSAT and GPA numbers.

The Villanova administration has not yet disclosed exactly what data was inaccurate, who was responsible, and what the school is doing to make sure that this kind of thing won’t happen again. That could be because the school is still investigating the full scope of the problem.

But Villanova students and faculty members are talking. Here’s what we’ve heard so far…

double red triangle arrows Continue reading “Villanova Scandal Watch: More Cryptic Emails From the Dean”

If I were a Republican on the court, I wouldn’t think twice about this if I thought the law was unconstitutional. I don’t think they’re going to take some giant hit on it.

— Professor Lee Epstein of Northwestern, commenting to the New York Times on how a Republican-appointed Supreme Court justice might rule on a constitutional challenge to health care reform.

Fact: Spring bonuses have been announced at Cravath, Sullivan & Cromwell, Simpson Thacher, and Cleary Gottlieb.

Fact: It’s February 7th.

Fact: Skadden, Davis Polk, Weil, and Debevoise should be ashamed of themselves.

Honestly, I don’t know what the top-tier firms that haven’t announced spring bonuses think they’re doing. Do they hope that no one is watching? Everybody is watching.

You want proof? Last week, at a “state of the firm” meeting, Cadwalader announced that it is considering spring bonuses. If Cadwalader goes with spring bonuses, it puts a whole host of other firms in play for the big payout…

double red triangle arrows Continue reading “If Cadwalader Makes It Rain, Many More Firms Will Have to Follow”