August 2014

We’ve previously covered the departure of Paul Schiff Berman as dean of George Washington University Law School. There was a lot of intrigue regarding Dean Berman’s departure.

Now it appears that the decision on Dean Berman’s replacement is also steeped in controversy. Today, GW Law named Professor Gregory Maggs as its interim dean. In so doing, the school passed over their Senior Associate Dean, Christopher Bracey. Instead of promoting Bracey into the interim dean position, he’ll stay on at GW, under Maggs.

This seems like a good time to point out that Maggs is white and Bracey is black.

And so let’s play our game, because a member of the GW Law Faculty, who is also black, had a real problem with the decision to pass over Bracey. She called it “not the law school’s finest hour” in a message to the entire faculty. And then she subtly told another faculty member to go jump in a lake.

Fun times….

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* Just in case you haven’t seen enough responses to the Case Western Law dean’s New York Times op-ed, here are some more. (Plus, with this, you’re getting the additional bonus of an incredibly sad letter from a young lawyer.) [Associate's Mind]

* Oh mon dieu! Dominique Strauss-Kahn’s legal team is now denying that that there was ever a settlement in the hotel maid’s sexual assault suit civil suit, and especially not a $6M settlement — because that’s apparently “flatly false.” [Slate]

* You’ve probably led a sad and lonely existence if you’re laying on your death bed and worrying about who will inherit your iTunes library. Don’t worry, they’re headed to a “legal black hole,” anyway. [Legal Blog Watch]

* The Supreme Court might be taking the phrase “don’t judge gay people” a little too literally. [WSJ Law Blog]

* And in other news, some teenagers are so obsessed with their tech gadgets, like cellphones, that they’d allegedly be willing to kill their family and pry the damn thing from their cold dead hands. [Legal Juice]

* Please remember to vote for your favorite law blog (coughcough Above the Law coughcough) in the Blawg 100 in the News/Analysis category, and all the rest of the sites you read in other categories, too! [ABA Journal]

* After the jump, Bloomberg Law’s Lee Pacchia speaks with law firm consultant Tim Corcoran of the Corcoran Consulting Group about the future of rainmaking and business development in Biglaw….

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Thanks to spyware, an FBI dad got a gift-wrapped child porn case.

Like any dad, Joseph Auther was worried about what his son might get up to while exploring the wilds of the World Wide Web. So when his 7th grade son got a school-provided laptop from Whispering Palms School in Saipan in the U.S. territory of the Northern Mariana Islands, Auther decided to install a monitoring program on it. He went with a spyware program called eBlaster from SpectorSoft, a company based in Vero Beach, Florida. Unbeknownst to his son, the program captured his website visits, his keystrokes, and every email, chat, and instant message he sent and received. This was all delivered up to his dad in emails, while giving the monitored person no hint that it was doing so.

Auther has a special appreciation for the benefits of surveillance. He’s an FBI special agent. In April, he discovered he was being transferred to the FBI office in Denver. At the end of the school year, Auther let Whispering Palms principal Thomas Weindl know that his family was moving and that they would be returning the school’s laptop. Weindl, 67, was actually a friend of the Auther family; when he got married earlier that year, Auther’s wife gave a reading at the ceremony. Auther told Weindl that he would return the laptop after he removed all of his son’s files, programs, and games.

Auther first took the laptop to his FBI office and asked his colleagues how to wipe it clean. Apparently they don’t have many cyber experts in the Mariana Islands, because they were unsuccessful. So Auther had to instead take it to a computer repair shop, which cleaned out the old files and allegedly re-imaged the hard drive to return it to its original settings. Auther didn’t tell the shop about eBlaster being on the computer — perhaps feeling a little Big Parent shame — but assumed that it would be wiped along with everything else. He then returned the computer to Weindl….

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There is so much to fix in modern legal education. Are student-edited law journals really so bad?

Brian Farkas, editor-in-chief of the Cardozo Journal of Conflict Resolution, writing in defense of student-edited law journals in light of critiques published over the years in online and print media like Inside Higher Ed, the New York Times, the Atlantic, and Legal Affairs magazine.

Ed. note: This is the tenth installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, in the first of a two-part series, Casey Berman gives some practical advice to attorneys considering a corporate in-house counsel position.

For many lawyers looking to leave the law firm or explore other legal careers, in-house counsel often arises as a favorite option. Some of these attorneys want to be happy in their job. Others want a job that is anywhere but the firm. Others like the idea of fewer hours and a flexible schedule. And still others are attracted to expanding their responsibilities and broadening their business exposure.

This article explores just what it takes to be an in-house attorney, the expectations and demands of the role, and the potential career paths. While these positions are often coveted and hard to get, it takes critical analysis (of one’s personal skills and the job’s duties) to ensure that this role could be the answer to an attorney’s job hunting prayers.

Read more at the ATL Career Center….

I’ve committed what is perhaps considered one of the cardinal sins of womanhood since 2011: I haven’t read a single page of the Fifty Shades of Grey trilogy (affiliate link). But with all of the fanfare over the books’ overtly sexual themes, and given the fact that people are now naming their children after the BDSM-loving characters, I’m thinking about picking up a copy of the first in the series. Or, you know, maybe instead of doing all that reading, I’ll just kick back and watch the latest Fifty Shades of Porn flick.

“I’m completely shocked that there’s Fifty Shades of Grey-inspired porn,” said no one ever. Oh, come on, everyone knew that something like this was going to happen. Seriously, from the passages that were read to me by friends to convince me to read the scintillating tale, the series is essentially a softcore porn composition — “mommy porn,” if you will. So who really gives a damn if it gets turned into hardcore porn?

Universal Studios, that’s who, because the company owns the movie rights to the books. The motion picture empire brought a copyright infringement suit against Smash Pictures, a porn production company, earlier this week in federal court. Let’s check out the allegations, which our readers are bound to enjoy….

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Ahh, on the cusp of December. A month that brings another full year to a close with annoyingly cheery carols overtaking radio stations, multi-colored lights and decorations dredged up from years past, and an excuse to fill up on a week’s worth of heavy food in one sitting because, after all… it’s family time.

As December settles into the workplace, law firm associates and their non-equity partner peers are scrambling to confirm that they’ll meet their billable hour targets for the year. And partners are scrambling to get all of their outstanding receivables paid up by the end of the month. After all, the more money they can get into the firm’s accounts by year’s end, the better their bonuses will be in the spring. All of the lawyers are hoping that they’ll get an end of year break with little work to do over the holiday week. ‘Tis the season for hope.

And of course, associates are anxiously awaiting news — any news — about firms’ bonuses. How did lawyers ever manage in the dark days without ATL’s Bonus Watch?

For the in-house lawyer, December is also a month like none other….

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Law students react to op-ed in the New York Times.

Yesterday, we discussed a New York Times op-ed, “Law School Is Worth the Money,” by Dean Lawrence E. Mitchell of Case Western Reserve University School of Law.

Mitchell has been slammed — by me, by Professor Paul Campos, by Alison Monahan, and by many others. If you’ve been looking seriously at the state of legal education, it wasn’t hard to eviscerate Mitchell’s arguments.

But Mitchell seems to believe that looking critically at the value proposition of legal education is a media-driven phenomenon. As he wrote in his op-ed, “For at least two years, the popular press, bloggers and a few sensationalist law professors have turned American law schools into the new investment banks.”

It seems that Mitchell has forgotten about the students. Bloggers and law professors don’t really have any skin in this game. But actual students feel like law school deans have taken advantage of them, and telling them “everything is okay here” isn’t a winning argument.

These kids are tired of law deans, like Mitchell, who continue to act like law schools can keep doing what they’re doing while recent graduates don’t have jobs and are crushed under a mountain of debt. They’re really sick of the subtle implication that they only reason the “great deal” of law school didn’t work out for them was that they were “lazy” or somehow undeserving.

In short, they are sick and tired of the very kind of arguments Mitchell made in the New York Times — and yesterday they spoke out about it, loudly….

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The dominoes continue to fall. This morning brings word of two additional firms matching the pleasant (but not spectacular) Cravath bonus scale. The firms in question: Cadwalader, Wickersham & Taft and Debevoise & Plimpton.

The bonus numbers aren’t a surprise, but we can make a few comments about the timing (of the announcements and of the payments), share some tipster reactions, and show you the memos.

Let’s take a look….

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I’m an old smelly sock, and I’m proud. And I think it’s time to stop the nonsense. After two years of almost relentless attacks on socks, a bit of perspective would be nice.

For at least two years, the popular press, bloggers, and a few sensationalist sandals have turned old smelly socks into the new investment banks. We entice bright young students into our stinky clutches. Succubus-like, when we’ve taken the sweat we want from them, we return them to the mean and barren streets to fend for themselves. Barefoot.

The hysteria has masked some important realities and created an environment in which some of the brightest potential lawyers are, largely irrationally, forgoing the possibility of a rich, rewarding and, yes, profitable, career.

I’m an old smelly sock, and I miss all those bright potential lawyers.

Let’s talk sports….

double red triangle arrows Continue reading “Sports Law, Spaw, Lorts: College Sports Edition”

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