A Legal Tabloid - News, Insights, and Colorful Commentary on Law Firms and the Legal Profession
Managing Editor: David Lat
Editor: Elie Mystal
Assistant Editor: Staci Zaretsky
Contributors: Kashmir Hill, Marin, Mark Herrmann, Jay Shepherd
David Lat is the founder and managing editor of Above the Law. His writing has also appeared in the New York Times, the Washington Post, the Wall Street Journal, the New York Observer, Washingtonian magazine, and New York magazine. Prior to ATL, he launched Underneath Their Robes, a blog about federal judges. Before entering the journalism world, he worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz, in New York; and a law clerk to Judge Diarmuid F. O'Scannlain, of the U.S. Court of Appeals for the Ninth Circuit. David graduated from Harvard College and Yale Law School, where he served as an editor of the Yale Law Journal. He has received several awards for his work on ATL, including recognition as one of the American Lawyer’s Top 50 Big Law Innovators of the Last 50 Years; one of the ABA Journal’s Legal Rebels, a group of pioneers within the legal profession; and one of the Fastcase 50, "the fifty most interesting, provocative, and courageous leaders in the world of law, scholarship, and legal technology." You can connect with him on Facebook or Twitter.
We realize that we’ve prematurely predicted settlement before. But this time around, we have the news on very reliable authority.
Aaron Charney and S&C have been engaged in marathon settlement talks for most of this weekend. And, according to a source close to the discussions, they’re very close to an agreement. The parties are said to be “zeroing in on a figure just north of $1 million.”
Exciting stuff! We’re glad to see the parties working things out — but we will obviously miss writing about this story.
More details, after the jump.
Houston lawyers who have tried cases before [Judge Elrod] say she has earned a reputation as a fair and smart state district judge.
“I think the most disappointing factor about her getting nominated is losing her off the bench in Harris County,” says Stephen Boutros, a Houston plaintiffs attorney.
“She often won’t rule in my favor, but it doesn’t matter,” says Boutros of Stephen Boutros LTD. “I would rate her the top judge I’ve ever been in front of. She understands the law. She can get a grasp of the issues in a matter of moments as if it were her own case.”
Boutros believes Elrod has the potential to follow in the footsteps of [Judge Patrick] Higgonbotham — a seasoned and respected judge who was a moderating force on the 5th Circuit — a court known as one of the most conservative federal appellate courts in the nation.
“She’s going to be an absolute centrist,” Boutros says. “She is intellectually honest and she’s not an ideologue.”
Judge Elrod sounds like a great pick. Our only disappointment: that President Bush didn’t nominate this Jennifer Elrod instead.
(But then again, in terms of qualifications for the Fifth Circuit, a JD from Harvard Law is probably more relevant than a 36D from Boobs ‘R Us.)
P.S. To those of you who think that we overuse the term “diva,” please note that we have NOT applied the term to Jennifer Elrod. Based on what we’ve heard, she’s extremely nice and down-to-earth, with a great sense of humor. 190th District Judge Jennifer Walker Elrod Nominated to 5th Circuit [Texas Lawyer] Earlier: Some Judicial Nomination News
In an interesting article in today’s Gay City News, Professor Arthur Leonard discusses the whole “Nazi-gate” controversy surrounding Sullivan & Cromwell partner Gandolfo “Vince” DiBlasi (at right).
Much of the article will be familiar to those who have been following the case closely. But here’s some good background (which previously surfaced in the comments, but merits highlighting here):
Explaining why he was so frightened that he destroyed [his] computer, Aaron Charney testified: “And when we got to the Penn Club, the content of that meeting and the threats that Mr. DiBlasi made invoking the fact that the firm had represented the Nazis and how — that nobody cared, and that people wrote a book about them representing the Nazis and no one cared.”…
Over at his blog, Professor Leonard offers more free-form reflections. Check out his breathlessly posed questions, which nicely capture the soap opera that the Charney case has become:
Why would anybody in the position of Gandolfo DiBlasi make any reference to S&C’s past representation of “the Nazis” – knowing that somebody in the room was taking notes – even if he believed that the meeting was covered by a promise of confidentiality? Will DiBlasi deny under oath that he said any such thing?… Will [Gera] Grinberg, whose job and residence in the US may be at stake, deny that DiBlasi said it? Will [Edward] Gallion, who was in the pay of S&C but owed his fiduciary duty to his client Grinberg and not to the source of his compensation, as these duties are parsed out under the ethical rules? And what motive could Charney have for making this up? Who is writing the script for this thriller? And will Sir Ian play “Gandolfo” in the docudrama…..???
Remember Jonas Blank? He was the fellow who, while working at Skadden Arps as a summer associate in 2003, sent out this infamous email:
“I’m busy doing jack shit. Went to a nice 2hr sushi lunch today at Sushi Zen. Nice place. Spent the rest of the day typing emails and bullshitting with people. Unfortunately, I actually have work to do — I’m on some corp finance deal, under the global head of corp finance, which means I should really peruse these materials and not be a fuckup…”
“So yeah, Corporate Love hasn’t worn off yet… But just give me time…”
Despite this problematic email — which he meant to send to one friend, but instead sent to the firm’s entire underwriting group, partners included — Blank went on to full-time employment at Skadden after graduating from Harvard Law.
After several (no doubt thrilling) years at Skadden, Blank — accurately described by the New Yorker as “handsome” (see photo) — is moving on.* As reported by the Skadden Insider blog, next month Blank will be starting work as an associate at Richards, Kibbe & Orbe. We wish him the best of luck.
Welcome to the Skadden Insider, a blog created to collect and pass along (and sometimes comment on) the gossip and news making its way through the halls of a certain law firm’s offices. Whether its New York, Boston, Washington DC or Palo Alto, Skadden Insider will be your place to read the latest.
May similar blogs sprout up for every large law firm in the land! Especially Sullivan & Cromwell.
* If it appears in the New Yorker, you KNOW it’s true, because their fact-checking process is second-to-none. For purposes of this Talk of the Town item, a New Yorker fact-checker asked us: “Is it fair to say that you have ‘a boyish face’?” So presumably some recent Ivy League grad with literary aspirations had to ask Jonas Blank: “Do you consider yourself to be handsome?”
We were planning to do a quick write-up on the Senate Judiciary Committee testimony of Kyle Sampson. But manysuchwrite-ups have already been done. And the Sampson testimony, while it had its moments, wasn’t quite as exciting as we were hoping.
So forget about the decidedly unglamorous Kyle Sampson, accurately described by Emily Bazelon as “sweaty, nervous, and soft-spoken.” Let’s talk about a more exciting and dynamic personality, the real breakout star of U.S. Attorney-gate to date:
Today brings two new, juicy profiles of Monica M. Goodling — one from the Washington Post, and one from the Harrisburg Patriot-News. They contain a lot of interesting material.
Discussion and links, after the jump.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…