Archive for December 2011

Well, last Friday was interesting. When I decided to close the comments for last week’s installment of Moonlighting, Lat responded, “I’m glad at least someone is willing to try deactivation.” As expected, undeterred from the fact that they couldn’t comment directly on my post, the usual group of ATL commenters uniformly hijacked Kashmir Hill’s “revenge porn” post which followed mine on ATL to provide me with their usual thoughtful and highly encouraging feedback.

Later, an anonymous 2L tweeted as follows: And @susanmoon has the dubious distinction of being the first @atlblog writer to close off comments. When I joked to the 2L that my feelings get hurt every week, the 2L (taking me seriously, I presume) told me that instead of hiding, I should “rise above it” because even a SCOTUS justice would get flamed on ATL. This invited Brian Tannebaum (an ATL small-firm columnist) and some others to rush to my defense. What ensued was a flurry of debate on Twitter — infused with an abundance of insults — mainly between Brian and the 2L. I’m actually not quite sure why Brian got so involved, as I’m not even sure he likes me (that’s the real reason I cry every week). I think he just likes to pick on poor souls every once in a while (read: several times a day) for his own sadistic pleasure.

In any case, in addition to the entertainment value that the Brian v. 2L debates offered on Twitterverse Legal last weekend, there were definitely some interesting points made on both sides about the value of anonymous feedback….

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It seems there is an interesting emerging trend in litigation these days: When a ruling doesn’t go your way, just make an appeal alleging judicial conflict of interest.

Same-sex marriage opponents wanted California judge Vaughn Walker to recuse himself from Prop. 8 hearings because he is gay. If and when the Supreme Court decides to rule on Obama’s healthcare law, some people have called for Clarence Thomas to recuse himself because of his wife’s outspoken work to repeal the act.

And yesterday, an Illinois woman convicted of child battery lost her appeal for a new trial. She appealed on the basis that the judge in her case’s adult children are Facebook friends with her alleged victim’s family….

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* A man on trial for sex crimes at a Minnesota courthouse allegedly shot three people yesterday, including prosecutor Timothy Scannell. Guess it’s time to get a metal detector. [Duluth News Tribune]

* Instead of trying to force Citigroup’s hand on a tougher settlement, the SEC is appealing Judge Rakoff’s rejection of the original. Don’t want to make the SEC do more work now, judge. [Bloomberg]

* You’d think that by now, law schools facing scrutiny over employment data would be willing to turn over some information to Law School Transparency, but you’d be wrong. [National Law Journal]

* China’s King & Wood and Australia’s Mallesons Stephen Jaques are combining to form a happy family this March. If this were in Japan, they’d be the Godzilla of law firms. [Wall Street Journal]

* Obvious news alert: Foxy Knoxy was acquitted of murder because there wasn’t enough evidence to prove she was guilty of murder. Thanks for this brilliant observation, Judge Hellman. [CNN]

* The Toy & Action Figure Museum will be opening a lawyerly superhero exhibit. This generation of lawyers has no superheroes, because unemployment isn’t a super power. [ABA Journal]

Courtroom or catwalk? Perp walk or runway strut? These are the “important” questions that the media has focused on in recent years when it comes to celebrities’ run-ins with the law. Headlines focus not on their underlying criminal offenses, but instead on their couture du jour.

This rings especially true in the case of Lindsay Lohan. From head to toe, LiLo’s courtroom fashion choices are hot-button issues that result in full-length articles in fashion magazines, gossip blogs, and even the New York Times.

When everyone is commenting on your clothing, you know that you’re doing something right (or something very, very wrong). And unfortunately for our favorite Mean Girl, those comments usually aren’t very nice….

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Non-Sequiturs: 12.15.11

This guy.

* If you had to choose between letting Jerry Sandusky babysit your kids, or having Joe Amendola represent you, you’d have to think about it for a second. [Simple Justice]

* Here’s how to lose our holiday card contest. [Ross's Law Marketing Blog]

* It’s the Breaking Media holiday party tonight. Here’s some advice on how to network at your firm holiday party. I’m going to do the same thing I always do: drink until somebody stops paying for it, and then rely on friends to put me in a cab. [Young Lawyers Blog]

* David Lat weighs in about the market opportunity for new, start-up law firms. [Betabeat / New York Observer]

* If you serve John Corzine with a lawsuit, he’s just gonna lose it anyway. [Dealbreaker]

* I can’t wait for the part where everybody remembers that frontrunner “Newt Gingrich” is actually… Newt Gingrich. [Five Thirty Eight]

There are only two weeks remaining before New Year’s Eve. That means that my small-firm singles only have a short window to secure their New Year’s Eve date. And according to our survey, none of you will be working on the holiday, so you better get your act together.

Luckily for you, I am an expert at finding love. If you can believe it, this skill outshines my genius at doling out small-firm advice. And since I write under a pseudonym, none of you know that I am a 46-year-old spinster who has eggs in the freezer. Oh, well I guess you do now, but let’s get on with my tips for a successful small-firm seduction….

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He was clearly the salesman-in-chief, and he did a darn good job at it. I remember being told that despite the fact that the economy was essentially collapsing around everyone’s heads, 2008 was going to come in well over budget with record revenues and profits.

Andrew Ness, former managing partner of the D.C. office of Thelen LLP, commenting to Washingtonian magazine about former Howrey chairman Robert Ruyak, the poetry-writing power lawyer who lured Ness and his Thelen colleagues over to Howrey.
(Ness is now a Jones Day partner.)

(Additional excerpts from and discussion of Marisa Kashino’s interesting article, A Tale of Two Law Firms: Hogan & Hartson and Howrey, after the jump.)

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It’s that time of the year again. No, we’re not talking about the Above the Law holiday party, which happened already. Or the ATL holiday card contest, which is now underway.

It’s time for celebration of a different sort — time to celebrate, and congratulate, the latest class of Skadden Fellows. The winners of these prestigious public interest fellowships were just announced, as they are every December.

As explained in the Skadden Fellowship Foundation’s press release, the 28 new fellows are graduating law students or judicial law clerks who are devoting their careers to public interest work. They’ll be working for organizations located in nine states and the District of Columbia, “focusing on issues ranging from the health and safety of low-wage immigrant workers in California to representing Russian-speaking victims of domestic violence and sex trafficking in New York.”

(Baby Jesus would be proud of what they do. Unless they work for the ACLU and try to ruin his birthday.)

Who are the Skadden fellows for 2012? Which law schools produced the most fellows? And what’s different about this year’s program compared to past years?

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With the holiday season in full swing, ‘tis the season for parties. In today’s Career Center post, the recruiters at Lateral Link provide you with tips on how to work a room and expand your network while mingling with co-workers, family, and friends.

1. First, research the guest list. Come up with a list of people attending the party you want to meet and talking points for each of them.

2. Develop and memorize a short personal introduction (your elevator pitch) containing information on who you are, what you do, and why you are here.

Keep reading for more valuable tips to use this holiday season….

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It appears that the answer to that question is, “You’re welcome.”

If you made a list of people whose opinions matter when it comes to Biglaw bonuses, you couldn’t name ten people more important than Susan Webster. She’s the head of the general corporate practice at Cravath Swaine & Moore. If we knew how much she tipped her doorman, it would be big news.

But we can do better than that.

A tipster let us in on an overheard conversation between Webster and a Biglaw partner at a different firm. When we contacted her, Webster told us that the tipster mischaracterized the nature of her accidentally public conversation.

But why don’t you take a look, and prepare yourself for the possibility of a very sad spring….

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What do you get when you combine pig products, a sketchy guy in a mustache, and death metal? One colossally horrendous law firm commercial.

The folks at Hamilton Law in Las Vegas were presumably late to the domain-name-grabbing game and had to settle for being called “ham legal.” Rather than fight their unfortunate web address, the firm has apparently opted to embrace it and go whole hog into swine-themed advertising.

If you’ve ever wondered what a pig-centric legal commercial looks like, you’re in luck. The answer is a bad Saturday Night Live skit with a voice-over by a circa mid-2000s Jack Black promoting Tenacious D. Check out the horror, after the jump….

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How hard is it to write an exam for a course you’ve taught all semester? Seriously, tell me, how hard is it? On a scale of one to ten — ten involving programing a rocket ship, one somewhere around putting on pants in the morning — where does formulating a law school exam rate? A two? Maybe three if you are teaching the course for the first time?

It cannot possibly be so hard that you have to use the same exam over and over again, in the digital age. We’re not talking about something as complicated as the wheel. A law school exam can be reinvented, every year, with subtle and simple changes.

Using the exact same exam is just lazy. There’s no other word for it. LAZY. The high cost of law school is largely attributed to the hefty salaries of law school faculty. The least these people can do is write a novel exam each and every semester that they teach.

And yet during this finals period alone, we’ve got students from three law schools, including two law schools in the top ten, alleging that their professors couldn’t be bothered to come up with fresh exams for this year’s students….

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Partners at Gibson Dunn are conducting associate reviews this week. Associates receive news of how they’re doing — and how much they’ll be getting, in terms of bonuses that will be paid out later this month.

As we’ve explained in 2010 and 2009, the GDC bonus system is not transparent and not lockstep. Instead, associates get individualized bonuses, based on such factors as hours and quality of work. The firm tends to use the Cravath scale as the starting point for its bonus scale.

What’s the early word about Gibson bonuses this year?

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(Or: Gibson Dunn Open Thread — 2011)”

Years ago, I handled a pro bono case for a client unable to afford legal services. (I actually handled a fair number of pro bono cases, but I’m choosing to describe just one here.) The client was a very nice guy, and he desperately needed legal services. But he had no idea how to use a lawyer cost-effectively and, because he wasn’t paying for my services, he had no incentive to restrain himself. The guy called incessantly, asked endless questions, and was always trying to schedule meetings with me. I mentioned the situation to one of my senior colleagues, and the colleague’s reaction was immediate: “What that client needs is a bill.”

During the decades when I served as outside counsel representing clients, I noticed that some of my clients permitted me to do their work efficiently and others affirmatively obstructed that effort. Now that I’m an in-house lawyer, I’m thinking about the other side of that coin: What should I, in my role as client, do to permit outside counsel to represent me efficiently?

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Morning Docket: 12.15.11

* Guys in my high school White House dropped threats to veto defense bills authorizing infinite detention of U.S. citizens all the time, it was no big deal. Nothing like bastardizing the Sixth Amendment. [New York Times]

* So much for occupying the court system, eh? This judge won’t budge on dismissals, and more than half of the OWS protesters who appeared in court yesterday accepted an offer over going to trial. [Bloomberg]

* Gibson Dunn says that it will file a motion to dismiss Paul Ceglia’s Facebook suit in January. Now taking bets on whether Ceglia will have another lawyer by then. [Buffalo News]

* Just like Michael Jackson, Conrad Murray’s money was gone too soon. He’s requesting a public defender to handle the appeal of his conviction for involuntary manslaughter. [CNN]

* Lindsay Lohan was finally able to please Judge Sautner during her probation progress hearing. She was also able to please her adoring fans, because she reportedly flashed her bra. [USA Today]

We are pleased and proud to announce Above the Law’s third annual law firm holiday card contest. This happy, heartwarming feature is a Christmastime favorite, as beloved as figgy pudding. It’s the perfect cure for the bonus season blues.

For the past two years, Biglaw and small firms have duked it out for the distinction of having the best Christmas card. Last year’s honors went to a small firm: Proctor Heyman, the Delaware corporate litigation and counseling boutique. In the inaugural holiday card contest, a large firm prevailed: Akin Gump (which recently announced its bonuses, at least in New York).

We’ve already received several emails asking about when this year’s contest would start. The answer is: it starts today!

Read on — and read carefully — for the official contest rules….

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Non-Sequiturs: 12.14.11

* Now that Chicago has bared it all, isn’t it time for other law schools to fall in line? Show us the stats for the class of 2010 already. [Law School Transparency]

* And this is why your mother told you not to talk to strangers. [Legal Juice]

* If you’re going to send out a survey asking who your bros would like to rape, at least be classy about it. “Surprise sex” just sounds better. [Yahoo!]

* Five useful tips on how to be a better law prof, written by a law prof. Sleeping with students didn’t make the list. [PrawfsBlawg]

* In America, we make television shows about women and their witchy ways. In Saudia Arabia, they just kill them. [Volokh Conspiracy]

* Martin Klotz, outside counsel for SAC Capital’s Steve Cohen, demands that you respect his client. [Dealbreaker]

* Ryan Gosling’s hotness put to good use for law school finals. [Law School Ryan Gosling]

* We should start preparing for the first Skyrim-based lawsuit. [Slate]

Admittedly, I take on some large issues in this column. But this is neither a treatise on contract law, nor the forum to attempt one. I am simply attempting to give some pointers for negotiating commercial contracts. I do very much appreciate the emails that I receive that suggest where I missed some salient information, or that offer critiques to some of my strategies. I’ve even used some of them and credited the authors, to the extent they’d allow. Funny thing about this site, most people don’t want to be identified. It’s almost end of year, so here goes:

Let’s say you’re in the heat of a commercial lease negotiation and the customer says to you: “What are these payments in the event of default? Why should I be penalized if your product doesn’t work as it should? Are you telling me that I have no remedies? Don’t you stand behind your products?”

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Back in October, we brought you the news that Jesse Strauss and David Anziska intended to sue 15 more law schools over their post-graduate employment rates, in addition to their already pending class action suits against Cooley Law and New York Law School. As mentioned during their October 5 media conference, Team Strauss/Anziska will not sue a law school unless they are able to gather three named plaintiffs to represent the class.

Now that it’s mid-December, we’re still waiting for these lawsuits to be filed. What’s the hold up? These crusading lawyers say that they are ready, willing, and able to sue all 15 law schools, but there’s just one teeny, tiny problem. Here’s where our loyal readers come in.

Are you a disgruntled law school graduate? Did you rely on your law school’s employment data, only to find that you are now unemployed or unemployable, despite your law degree?

If so, then consider heeding this call, if you want to help crowdsource a lawsuit against what Anziska calls the “law school industry cartel”….

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MOAR BONUS NEWS!

Enough with all this sadness about these pathetically low bonuses that Cravath has engineered for everybody. Let’s try to be positive. People are getting money. Yay money. Who can be sad when they are getting more money?

In fact, I have a great idea: instead of just writing checks that reflect the general New York bonus scale, Clifford Chance and Covington & Burling should pay the bonuses out in single dollar bills. The partners should sneak into each associate’s office at night and just spread the money around. If you share an office, well, the early bird gets the worm.

See, then it’s fun. It’s a like a game. And it distracts the mind from how ridiculous it is to give the same bonus from 2010 in 2011….

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