Archive for May 2011

Non-Sequiturs: 05.05.11

Kesha - er, Ke$ha.

* Kesha’s publicist really needs to talk to Kesha’s lawyers about filing lawsuits that make Kesha Ke$ha look lame. [Thomson Reuters]

* You don’t really think you’re going to get a law school to roll over and pay $40 million to snookered students like a cooking school would? Crappy law schools might not be training great lawyers, but they can certainly afford to hire some. [Inside Scoop SF]

* How to subpoena information put on Facebook, or as I like to call it: “How to ruin it for everybody.” [An Associate's Mind]

* “A less gilded future”: an overview from The Economist of the state of the legal economy. [The Economist]

* Chief Judge Kozinski isn’t the only one who loved the new movie Atlas Shrugged. [Dealbreaker]

* Monica Goodling gets a public reprimand by the Virginia state bar. In other completely pointless actions, I just high-fived a Mexican for Cinco de Mayo. [Virginia Lawyers Weekly]

* Speaking of which, I’ve had too many tequila shots today to get hyped up about the Confederate flag. [WSJ Law Blog]

* Seriously guys, take the hint, it’s Cinco de Mayo — it’s okay to sneak out from work and have a drink with friends… assuming you still have friends. Here are some fun facts and music to get you in the mood. [Christian Science Monitor]

JoEllen Lyons Dillon

Back in December, we covered a gender discrimination lawsuit filed by JoEllen Lyons Dillon, a comely corporate partner at Reed Smith, against the firm (where she still worked at the time). Dillon’s allegations were salacious. She claimed, for example, that “work was diverted … to female attorneys who were willing to engage in sexual relations with members of management” — and that her refusal to engage in such relations hurt her at Reed Smith.

Dillon’s case was filed by Samuel J. Cordes, a prominent Pittsburgh employment lawyer. Despite his somewhat cheesy law firm motto, Cordes is well-regarded and seen as “only tak[ing] good cases,” according to one ATL tipster. Cordes promised that his client would, over the course of the litigation, produce specific examples of sexual quid pro quos at Reed Smith. Delicious!

Alas, today brings word that JoEllen Dillon has dropped her case. What happened?

double red triangle arrows Continue reading “Ex-Reed Smith Partner Drops Sex Discrimination Suit Against the Firm”

Spring bonuses, salary thaws, hiring increases — 2010/2011 marked a turning point in the economy, as well as the business of Biglaw. Check out the firm profiles below to see which firms spread the new wealth around, and which firms remained cheap. And be sure to see how your firm or other firms fared in the past year by checking out the updated profiles at the Career Center, powered by Lateral Link.

  • This Texas powerhouse once represented Enron, but is still highly regarded for its energy practice. Associates praise the firm for the amount of responsibility they receive and say the firm is very respectful of their “personal time.” This firm was one of the first Texas-based firms to give its associates spring bonuses.
  • The product of a merger between a U.S. firm and a U.K. firm, this firm now totals 1,400 lawyers in 60 locations and 43 countries. After thawing its salaries in March 2010, the firm revised its salary structure so that 12-15% of associate compensation would be paid out as a “base bonus.” Despite the salary bump, associates here still experience some “uncertainty” in light of the firm’s previous layoff history during the economic downturn.

More profiles, after the jump.

double red triangle arrows Continue reading “Career Center: How Does Your Firm Compare?”

A few weeks ago, I was riding in a cab on the way to the airport. Right off the highway was a large sign for Le Massage Plac (the light for the “e” had died). I insisted that the cab driver make a pit stop. I needed to get le massage from Le Massage Plac[e], even if the dingy surroundings would give me le staph infection and require me to go le emergency room.

Yesterday I was walking through downtown Chicago and I was nearly run over by a food truck captioned The Meatyballs Mobile. I ran after the Meatyballs for several blocks. I just had to have a “Shweddy Balls” sub sandwich.

These experiences taught me firsthand the power of branding. What does this have to do with small law firms?

double red triangle arrows Continue reading “Size Matters: Le Law Firm, LLP”

On Monday, we talked about the big New York Times article over the weekend about the way law schools use merit-based scholarships to rope students in. When discussing the need to give out scholarships, the Times cites some very familiar language about how fixation on the U.S. News rankings guides the decisionmaking processes of many law school administrators.

Truly, you seemingly can’t have an article that is critical of the way law schools handle their business without there being some jab at U.S. News in there. It’s kind of like how basketball announcers can’t talk about a white basketball player without slipping in unsupported criticism that he might be “soft.” When the U.S. News stuff appeared in the NYT piece, I was so used to it I didn’t even notice it.

But U.S. News rankings guru Bob Morse noticed it. And he’s freaking sick of it….

double red triangle arrows Continue reading “It’s On Now: U.S. News Tells Law Schools To Take Some Responsibility”

Many state and local courts do have cameras in the courtroom (unlike most of their federal counterparts), but other forms of technology are still frequently verboten. Some courts prohibit cellphones, laptops, and, in the traffic court I once attended, reading the newspaper.

Yet slowly, with much weeping and gnashing of teeth, some enlightened folks in Massachusetts are introducing a local court to the joys of web cams and unnecessarily detailed twitter posts.

Spurred on by a large grant from the James S. and James L. Knight Foundation, the OpenCourt Project officially began on Monday at the Quincy District Court.

Seriously though, OpenCourt is pretty cool. How does it work?

double red triangle arrows Continue reading “Cameras in the Courtroom: Now With More Internets”

Few folks use proposals for co-authorship to advance their careers. More should.

What am I suggesting?

Come up with a thesis for an article. Call somebody who matters to you, and propose that you write the article together. Write a first draft of the article, send it to your co-author to solicit revisions, and then publish the piece.

For whom might this work? Anyone who’s looking to curry favor.

For business development purposes, an outside lawyer might call a client or potential client and suggest co-authoring a piece in the client’s field of expertise. For career development purposes, a law firm associate might do the same with a partner, or an in-house lawyer might do the same with a business colleague or a supervisor. Few people would be offended to be offered co-authorship credit for an article, and many would be delighted to be given the opportunity and later to take partial credit for a published piece.

Why is this tactic used so rarely?

double red triangle arrows Continue reading “Inside Straight: Sucking Up by Writing Down”

Where's the BLOOD?

Everybody has an opinion on whether or not the Obama administration should release kill shots of Osama bin Laden. It’s a tough question. And there are intelligent ways to disagree with the president’s opinion (see Jon Stewart’s impassioned plea). Or you could just call the president a pussy accuse the president of “pussyfooting” on Twitter, because that shows real leadership.

Those are fine responses for former half-term governors and pundits in the public eye. But lawyers are going about the picture issue in a much more interesting manner. Before asking if Obama “should” release the Osama photos, lawyers are wondering “does he have to,” if served with a FOIA request.

It depends, but the question itself is a helpful reminder that we are a nation of laws…

double red triangle arrows Continue reading “Want Osama Pictures? Better Ask A Lawyer.”

Morning Docket: 05.05.11

Kid who didn't do as well as his parents.

* DOMA dude Paul Clement filed his first brief as lead counsel for 26 states seeking to nullify Obamacare. In a land of socialist, freeloading, hippie queers, one man stands alone. [Atlanta Journal Constitution]

* Actually, that’s not true — The Cooch has Clement’s back (twhs), Tweeting all the misspelled and hilarious punchlines that are fit to print. [The Virginian-Pilot]

* Eric Holder defended the legality of the Osama killing on Capitol Hill yesterday. In prepared remarks, he said, “If history has taught us anything, it’s that you can kill anyone.” [CNN]

* I don’t want to intrude on Lat’s beat here, but Ponzi schemer Scott Rothstein’s pad sounds pretty nice. Bet it even has a foyer, whatever the hell that is. [WSJ Law Blog]

* Irving Picard has asked a judge to allow him to start making disbursements to Madoff’s victims. Victims stand to receive a coupon book valued at over 200 dollars, a free subscription to Cat Fancy, and a lifetime’s supply of Spanx for Men. [Reuters]

* Chris Simms, guilty of poor quarterbackery, was found not guilty of smoking drugs and driving. [New York Post]

We started taking submissions for our third annual Law Revue Video Contest way back in March. It’s taken us so long to review the videos because we’ve had scheduling challenges with our special, returning, awesome guest judge. As you’d already know if you follow Above the Law on Twitter, editor emerita Kashmir Hill has returned to her ATL roots, to pass judgment on the funny videos submitted by our wonderful readers.

This year, 25 law schools submitted nearly 30 videos for the contest. Some of them were entertaining, others excruciating less so.

We’ll start with the latter. If we may paraphrase The Simpsons: other legal blogs reward knowledge, Above the Law punishes ignorance.

Aww… just kidding. We really just want to give shout-outs to as many law schools as we can. And we figure the students who submitted these clips are grown adults who won’t mind some gentle ribbing.

Of course, if you submitted a video we’ve singled out for dishonorable mention, you might want to whip out the Astroglide before you read the comments, just to make sure the ribbing feels gentle enough. Your three ATL editors aren’t that harsh, but we can’t speak for the commenters….

double red triangle arrows Continue reading “Law Revue Video Contest: Dishonorable Mentions”

Non-Sequiturs: 05.04.11

Scoundrel!

* Teacher mocks Muslim child over Osama bin Laden’s death. Come on people, listen to the President; when you get to the end zone, act like you’ve been there before. [Village Voice]

* Exams were worse back in 1900. Or at least more deadly. [Josh Blackman's Blog]

* The DOJ is investigating the Bowl Championship Series system for antitrust violations. Look, these fat-cat university presidents and conference chairmen have many congressmen in their back pocket. The only way to break their anti-competitive grip on power is through an independent judiciary. [CNN]

* Dear Native Americans, I’m sure you have some actual problems and legitimate grievances you could be spending your time on. There’s a football team in the nation’s capital named after a racial slur; let’s get a victory there before we worry about the negative stereotypes associated with the operational code name “Geronimo.” [Gawker]

* Law firm taglines. If I had a firm, mine would be: “If I wouldn’t vote for you, I sure as hell won’t represent you.” But that’s probably why I don’t have a firm. [Ross's Law Marketing Blog]

* This story looks like one about the latest crazy thing being done in the state of Florida, but actually it’s a story about the totally bats**t insane thing that didn’t happen in Florida. Yay, small victories. [WSJ Law Blog]

* Okay, maybe Han could have shot second, but it was totally reasonable for him to shoot first. Legal, who knows, but reasonable, absolutely. May the fourth be with you. [Wired]

For expressing gratitude. Thank you to the contributors of this week’s Sponsored Content:

And thanks to this week’s advertisers….

double red triangle arrows Continue reading “Spring Is A Great Time”

Don't sucker punch David Prater.

Oklahoma County District Attorney David Prater: you, sir, are poised to receive the coveted “everybody now knows you’re a bad ass” award. Expect your phone call from Badass-in-Chief President Obama shortly.

The story from the Oklahoman (gavel bang: ABA Journal) starts off in scary fashion. A defendant, Emanuel “E Man” Mitchell, took a swing at prosecutor Prater, after the jury found E-Man guilty of felony murder. Prater never saw the punch coming.

But that wasn’t the end of the fight….

double red triangle arrows Continue reading “Lawyer of the Day: Sucker-Punched D.A. Puts Criminal In The Hospital”

We previously compared the law firm of Kaye Scholer to a drag queen. Kaye Scholer, Kay Scholer — geddit?

Well, some associates at Kaye Scholer claim they’ve seen underneath all the make-up — and it’s not pretty. This contestant would not go far in RuPaul’s Drag Race.

In terms of responses to our recent discussion of which firms aren’t paying spring bonuses, however, Kaye Scholer emerges a winner. We’ve heard from KS associates in droves over the past day or two — and the depth of their fury is impressive.

What are they so upset about? It’s not just the lack of spring bonuses. Let’s find out….

double red triangle arrows Continue reading “Growing Discontent at Kaye Scholer”

There comes a time in the career of every law-firm lawyer when she realizes that her bosses are acting like idiots, that “they’re doing it wrong,” and that she could do a better job if she were running her own law firm. Most of the time, that idea goes no further: the lawyer rattles off a few choice curse words, ignores the partners’ shortcomings, gets the work done the way they want it, and lives to fight another day.

But for a small minority, this outburst becomes an epiphany, and then turns into a dream (kind of like Inception, but in reverse), then an obsession, then finally a reality. Others, like me, always knew that they they were going to start their own law firms, and it didn’t take frustration with partners for that idea to form.

So when’s the perfect time to start your own firm? The answer is the same as for the question of when’s the perfect time to start having kids:

Never.

But forget the “perfect” time. When’s the best time to start your own firm?

double red triangle arrows Continue reading “Small Firms, Big Lawyers: When Should You Start Your Own Firm?”

Imagine what would have happened if the Obama administration had been running things immediately following 9/11. After their “arrest,” we would have read [Khalid Sheikh Mohammed] and [Abu Faraj al-Libi] their Miranda rights, provided them legal counsel, sent them to the U.S. for detention, and granted them all the rights provided a U.S. citizen in criminal proceedings.

If this had happened, the CIA could not have built the intelligence mosaic that pinpointed bin Laden’s location. Without the intelligence produced by Bush policies, the SEAL helicopters would be idling their engines at their Afghanistan base even now. In the war on terror, it is easy to pull the trigger — it is hard to figure out where to aim.

– Professor John Yoo, in an opinion piece in today’s Wall Street Journal. While serving as a Justice Department official in the Bush Administration, Professor Yoo provided legal analysis supporting the application of enhanced interrogation techniques to terror detainees — techniques that may have yielded information used in locating Osama bin Laden.

(A counterpoint to Professor Yoo — we believe in presenting both sides here at Above the Law — appears after the jump.)

double red triangle arrows Continue reading “Quotes of the Day: Did ‘Torture’ Contribute to the Finding of Osama Bin Laden?”

Although it officially passed away back in March, when its partners voted for dissolution, the law firm of Howrey LLP continues to twitch in its grave — or maybe even step out of its grave and walk around a bit, like a zombie from a horror flick.

Howrey continues to have a presence on Twitter, for example. A D.C.-based reader pointed out to us that the April 2011 issue of Washington Lawyer magazine contained a partnership announcement for the firm, on page 44: “Stephen D. Palley and Andrew R. Sommer have been named partner at Howrey LLP.” (Both landed on their feet: Palley is now a principal at Ober|Kaler, and Sommer is now of counsel at Winston & Strawn.)

And, strangely enough, Howrey is still seeking client engagements….

double red triangle arrows Continue reading “Dead Firm Billing: Howrey Going to Keep Doing Business?”

After seven days of deliberations, one juror in the insider trading trial of Raj Rajaratnam has been dismissed, for unspecified medical reasons. An alternate has been seated, but this means the jury has to begin its deliberations anew. The original jurors must be thrilled.

Let’s hope that the dismissed juror was a holdout (either way). The suspense is killing us!

Readers: Any predictions on how this will turn out? Will celebrated criminal defense lawyer John Dowd — who successfully represented the fabulous Monica Goodling, among others — pull this off? Or will the prosecutors of the legendary S.D.N.Y. get their man?

Did Raj Rajaratnam Rub His Athlete’s Foot All Over A Just Dismissed Juror? [Dealbreaker]
Rajaratnam Trial, Take 2 [WSJ Law Blog]

Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Life is a Brief Opportunity for Joy, is available on Amazon (affiliate link).

I spent the second year of my social work internship working at a community center, which offered one of the top smoking cessation programs in the country.

One fine spring day I was sprawled, sunning myself, on a bench in the courtyard of the center, when a fellow intern lit up a cigarette. I proposed she give the cessation program a try.

“No one likes a quitter,” she quipped, exhaling a cloud of toxins.

Uh… huh. Except there’s a proviso in that statement — a “carve-out” in the contract language — covering the quitting of something self-destructive. Like smoking.

Or a pointless march through law school.

I’d like to speak in defense of quitting, and quitters….

double red triangle arrows Continue reading “Someone Likes A Quitter”

Morning Docket: 05.04.11

* The poster state for Planned Parenthood may be picking a fight with the Obama administration over funding Planned Parenthood. [Los Angeles Times]

* Yesterday, Justice John Paul Stevens delivered a speech on the need for legal representation of immigrants. Es muy importante. ¿Puedo ir al baño? Gracias. [New York Times]

* Justice Stevens also criticized a recent Supreme Court decision on prosecutorial misconduct in his speech. Said the current Court is one bowtie short of a… then he trailed off. But he’s pretty sure they got what he was saying. [WSJ Law Blog]

* In the wake of the King & Spalding mess, a look at how other law firms vet controversial clients. [Am Law Daily]

* “Wife of stoned QB passes on taking the stand.” [New York Post]

* The U.S. government has filed suit against Deutsche Bank, accusing them of fraud. Something something schaudenfraud. [Washington Post]

* Medical-pot dispensaries in Washington fear raids, crave Doritos. [Seattle Times]