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Buying In: A Partner’s Perspective

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Ed. note: A sizable chunk of the Above the Law readership consists of partners at large law firms. Please welcome our newest writer, Anonymous Partner, who will write a candid column speaking to this demographic.

It’s about time. Time for someone like me to offer some perspective on what being a partner is, can, and should be all about. Time to leverage Above the Law’s bully pulpit to give a voice to current and future senior-level legal industry players (in addition to the valuable but inherently distanced insights of former partners, consultants, and law professors). Where a managing partner, or a general counsel, or even a newly-minted partner can let me, and by extension you, know what is really going on in this centaur-like hybrid of a business/profession. Where we can discuss what works, what is broken, and whether buying in to Biglaw is something to celebrate or to pity.

Now, Biglaw has signed all my paychecks, and it is where I have cast my lot until now, so Biglaw is what this column will discuss. And because my name does not stare back at me in gold-plated glory when I step off the elevator in the morning, this column will have to be anonymous, at least for the initial stages. Being anonymous will allow me to be as candid as possible when sharing my thoughts with you.

That said, you deserve to know at least a little about me….

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Bankrupt Farmers, Tax Law, and Bar Admissions Ceremonies

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Ed. note: Please welcome Matt Kaiser, our new Supreme Court columnist at Above the Law. His photo and bio appear after the jump.

This is my first column for Above the Law on the Supreme Court. In an effort to help me generate effective linkbait, the Supreme Court issued an opinion yesterday at the intersection of bankruptcy and tax law for farmers — Hall v. United States.

Basically, Hall means that, if you’re a farmer and you declare bankruptcy on your farm under Chapter 12 (“the one just for farmers”), and, while in bankruptcy, you sell your farm, you will still have to pay capital gains tax on the sale of your farm — any liability to the IRS is not dischargeable.

Perhaps the most exciting part of the opinion is that Ninth Circuit was affirmed. Though, in fairness, the Ninth Circuit opinion was written by Judge O’Scannlain, so it’s not as though the Supreme Court affirmed Judge Reinhardt.

Also, farmers who are in bankruptcy and sell their farms now have to pay tax on the profits from those sales. I’m sure much of the Midwest is rioting in response.

For those who practice tax law, bankruptcy, or farming law, you will definitely want to read the opinion and some of the write-ups on it.

But the most exciting part of the morning involved new members of the Supreme Court bar….

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Above the Law Seeks Additional Writers

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As you may have noticed from the run on allergy medicine, spring is in the air (even if spring bonuses aren’t). Spring is a time for new beginnings.

On that note, we’re thinking of launching a few new columns here at Above the Law. If you’re interested in writing for us, please read on for details.

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Sign Up for the Research Corner Today!

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With the assistance of Above the Law’s Research Corner, you’ll be able to access white papers from leading legal technology companies. From in-house e-discovery matters, to the latest news on predictive coding, you’ll be able to find solutions for all of your technological problems just by signing up.

We’ve recently added some new topics to our collection in the Research Corner, including:

  • Datacert: Customer Success Story – Walmart
  • Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
  • FTI Consulting: Advice from Counsel 2011: An Inside Look at Streamlining E-Discovery Programs
  • Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
  • Mitratech: Technology Platform for Legal Department
  • Nuix: A Step-by-Step Guide to Early Case Assessment (ECA)
  • Recommind: Predictive Coding: The Next Phase of Electronic Discovery Process Automation
  • TCDI: Concept Technology for Streamlining Document Review

What are you waiting for? Sign up for the Research Corner today by clicking here.

The Lament of a Thirty-Something

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When I was a kid, I thought only white people had to worry about being thirty-something.

I’m back. I got sick, again, with pretty much the same kind of acute sinus infection as I had the last time. It’s the second time in six months some stupid illness has completely floored me by making it hard to see and think — I definitely need at least one of those faculties to do my job.

Last time, when I got back, I was just happy to be alive and looking for somebody to blame. This time, I’m depressed. It’s probably because I was sitting the doctor’s office, and I was whining and in incredible pain and petulantly demanding answers as to why I’m having all these health problems and the guy says to me: “Well, you are getting old.”

Sigh.

I’m not the only one. And it occurs to me that, once again, I’m in much better shape for this new phase of consequences than I would be if I was still at a Biglaw firm. Because while I need to refine and hone my skills in my mid and late thirties, associates at top law firms need to gun it. They need to take their suddenly aging bodies and turn every morsel of ATP into billable hours if they want to make partner. And they need to do it now….

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Morning Docket 02.20.12

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Cocaine is a hell of a drug.

Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual.

* “Based on history, it’s tough to make the case that there should be mandatory protection [for Supreme Court justices].” That may be so, but the fact that Justice Stephen Breyer was robbed by machete point should at least make the case for SCOTUS sword fighting lessons. [New York Times]

* Speaking of the wealthy and well-traveled Justice Breyer, a suspect has been identified in his robbery. [Associated Press]

* And speaking of the Supreme Court, this week the justices will hear arguments over the constitutionality of the Stolen Valor Act, which criminalizes lies about military service. Unfortunately, this means you will all have to wait to hear about the time Lat and I fought through 25 Taliban sharpshooters with only our pocket knives in order to save an entire orphanage from certain annihilation. [Fox News]

* Two female students at the University of Oregon School of Law accused a male student of drugging and raping them. How did the student body respond? A listserv flame war, of course. [Portland Oregonian]

* Attorneys representing survivors in the Costa Concordia crash claim that traces of cocaine were found in the hair of the ship’s captain. I’m not sure how, but this needs to be the basis for a Head and Shoulders commercial. [Philadelphia Inquirer]

* Heads are rolling over at ESPN after the network made several unfortunate references to a “chink in the armor” of New York Knicks phenom Jeremy Lin. Yes, we get it. Everyone’s a little bit racist. [ESPN via Deadspin]

* Judge Roger J. Miner (2d Cir.), RIP. [New York Law Journal]

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Above the Law: New Face, Same Soul

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As you might have noticed, Above the Law has gotten a little face-lift. We’ve been expanding our offerings over the past couple of months. We’ve added new full-time writers, and started new columns. With those changes, we’ve been bringing in a record number of readers who are interested in our diverse content. It was time to put the site under the knife, and get some Botox and a new smile up in here.

The new format will allow us to feature a main story we think most of you will want to see, while still scrolling through the real time news and opinions just to the right. We think this format will give our readers an overview of the content that is both relevant and new with just a quick glance.

Of course, if you like to get Above the Law just like you always have, you still can. If you like scrolling through ATL… just scroll down a little.

The changes on the website aren’t the only things that are happening here at Above the Law. With the proliferation of smart phones and tablets in the legal community, there are now more ways than ever to access ATL content beyond our website on your desktop browser. All ATL stories are available on the Flipboard, Google Currents, and Pulse readers, and we will be launching on more mobile readers shortly. If you have not yet accessed Above the Law through any of these readers, we encourage you to download the readers in the Apple App Store or Android Marketplace to access mobile ATL content.

Starting today, we will be changing our feeds so that you will receive an overview of each Above the Law story via the mobile readers listed above, or any RSS reader. You will then be able to link to the full story on AbovetheLaw.com, where you can interact with other readers through our comments, and access all of our current and archived articles for free. With so many options to view ATL content, we want to make sure you have access to breaking news and insights throughout the day in the way that suits you best; in fact, if you call right now, we’ll throw in a free set of steak knives.

Just kidding. The knives only come out in the comments. We of course want you to continue to come to AbovetheLaw.com directly to participate in the community and give us feedback on the stories that interest you.

Good times. We want to thank all of our readers for making 2011 the most successful year for Above the Law ever. We’ll try to do even better in 2012.

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On the Legality of Unpaid Internships
(And: ATL seeks a paid intern.)

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I recently participated in a Room for Debate forum for the New York Times on the controversial subject of unpaid internships. Critics of these positions argue that such exploitative arrangements contribute to “constricted social and professional mobility, growing inequality, and an economy whose top tier is becoming less and less diverse” (in the words of Ross Perlin, author of Intern Nation: How to Earn Nothing and Learn Little in the Brave New Economy).

In my contribution, I offer a measured defense of unpaid internships — of the non-abusive variety, in which the intern receives a valuable learning experience (and doesn’t just do scut work) — and also a defense of the status quo (under which most unpaid internships are technically illegal, but enforcement isn’t super-vigorous). You can read my NYT piece here (or on page 9 of yesterday’s Sunday Review section, if you’re a print person). You can also read a piece by Camille Olson, a labor and employment partner at Seyfarth Shaw, over here (focusing on the legal aspects of unpaid internships, and offering general guidelines to companies considering them).

Speaking of interns, Above the Law is looking for one — a paid intern, for the record. Details appear below, along with general information about our hiring needs, and our policy on guest posts or outside contributions….

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(And: ATL seeks a paid intern.)“

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Mother, Tell Your Children Not To Read My Stories: Meet Team ATL’s Newest Member

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Sorry folks, no relation.

Hi everybody! I’m Chris Danzig. You might have seen me around Above The Law over the past year, covering technology and West Coast legal news. As of today, I’m excited to be the site’s newest full-time editor, joining David Lat, Elie Mystal, and Staci Zaretsky.

I’m a journalist by trade, not a lawyer. I’ve spent too much time writing about the law — and the stressful situations that can arise within the legal profession, which sometimes drive lawyers to drink — to ever want to practice.

I went to journalism school at Northwestern University. I helped investigate a wrongful conviction case with the Medill Innocence Project while I was in school. After graduation, I was the assistant editor at InsideCounsel magazine in Chicago, where I covered legal technology.

I left that job about two years ago, and have worked as a full-time freelance reporter since then. I’ve written for a variety of publications, covering health care, music, social justice, and a bunch of other stuff. I live in the San Francisco Bay Area, where I was born and raised.

Keep reading for more personal trivia about yours truly (and to see the photo of myself that Lat asked me to provide)….

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Happy Martin Luther King Jr. Day!

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Dr. Martin Luther King Jr.

Yesterday, January 15, was the birthday of Dr. Martin Luther King Jr., the great American civil rights leader and Nobel laureate. As noted on the Nobel website, Dr. King was just 35 years old at the time he was honored, making him the youngest man to have received the Nobel Peace Prize. Please take some time today to reflect on Dr. King and his legacy.

Hopefully you can engage in this reflection outside of the office. We’re guessing (and hoping) that most of you have the day off from work. Here at Above the Law, we will be publishing, although on a reduced schedule. So do check in with us from time to time (or scroll back through the archives and look at stories you might have missed from last week).

If you’re looking for something to do, you can use today for public service. Look up service projects in your area at MLKDay.gov. Happy Martin Luther King Jr. Day!

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