David Mowry

After two federal clerkships and several years as a litigator in law firms, David Mowry is happily ensconced as Counsel in Xerox Corporation’s Office of General Counsel. He specializes in commercial leasing transactions, only sometimes misses litigation, and never regrets leaving firm life. You can reach him by email at dmowry00@gmail.com.

Posts by David Mowry

It is the middle of one of the funkiest weather summers ever, and my kids yesterday said they can’t wait to go back to school.(?) While it is true that rain almost every single day seems downright tropical, it gives one time for pensiveness — about your current state, your past and your future. This week I am reminded of several incidents in my career that I wish could be erased, and I thought I would share some with you.

I will never forget my first day as a summer associate in Biglaw. I was tasked to draft a complaint. I was given a template and sent on my way. Two hours later, the partner who had assigned the work came to check on me. I admitted to her that I had not gotten very far because I couldn’t get the text in the caption box of the complaint to align. She calmly patted me on the head and showed me how litigators don’t need to reinvent wheels through the magic of records files…

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Attorneys must be prepared to not panic upon realizing that the curveball is not going to drop into the strike zone.

I learned two life lessons from my participation in the “The Fifth of July” (affiliate link), a play by Lanford Wilson. One was during my first-ever male kissing scene. I learned what actresses go through with piggish actors who decide to “go for it” when the lights come up; we’ll leave it at that. And two, I learned that when required to wear short shorts as part of your costume, you should always — always — wear underwear if you’re ever going to be sitting down during your scenes.

I relay those two lessons tongue half in cheek. They relate to in-house work in the sense that while preparation is key, when the spit hits the fan, you need to first “grab the canoe”….

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Driving to court this morning for a pro bono appearance, my Blackberry buzzed with the headline that DOMA had been struck down. Concurrently, the song “Fight the Good Fight” was playing on the radio. Indeed.

In France, there were violent protests in the streets when the issue was up for a vote. Here, some folks give a shrug and a “meh” to today’s news. Later, when the Court effectively struck down Prop 8, people in California began pilgrimages to their local courthouses or civic centers to look into getting married. It is indeed a great day to be an American….

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I wrote last week about my participation on a statewide panel on in-house attorney registration and pro bono work. As stated, Chief Judge Lippman and Judge Graffeo of the New York Court of Appeals, are spearheading the effort to have all New York in-house counsel, who are not admitted in New York, register with the courts. The State Legislature has gone further and has passed legislation making it a felony to fail to so register. In other words, starting November 1 of this year, failure to register can get you a charge of unlicensed practice of law (“UPL”). The resulting comments to this news ranged from snarky to ignorant. My suggestion to those that this upsets would be to suck it up, because the times they are a-changing.

As attorneys admitted in New York, we knew what we were signing up for when we joined the Bar. Pro bono work is a duty, not something to be swept under the rug with a “too busy, sorry.” An estimated 2.3 million people going unrepresented in New York is not only sad, but unnecessary. And law firms can only pick up so much of the slack. They have their own issues with pro bono, but at least give lip service to attempting to assist. In-house counsel are an untapped reservoir of capable attorneys who can at least act as a drop in the bucket of a pool of folks in need of representation…

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That headline woke some of you up, I am sure. But don’t worry — keep reading for the details.

When a judge “requests” that you attend a function, or to represent an indigent client, or to work on a statewide task force, you don’t say no. Not only is it bad form to refuse such a request, accepting the invitation can get you a seat at a table full of people smarter than you, and might just allow you to have an impact on pending judiciary rules.

I met yesterday with a statewide task force on in-house attorney registration and pro bono work. Chief Judge Lippman and Judge Victoria Graffeo of the New York Court of Appeals are spearheading the effort to have all New York in-house counsel, who are not admitted in New York, register with the courts. The State Legislature has gone further and has passed legislation making it a felony to fail to so register. In other words, failure to register can get you a charge of unlicensed practice of law (“UPL”). The following is excerpted from correspondence with Judge Graffeo…

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Yesterday Elie wrote about the NYU “professor” who twitted a pitiable comment about obese people not being able to obtain Doctorates. The Interwebs had a field day with the comment. And the sociopaths who have every word of this site transmitted to their email just so they can snark went bananas. Two days ago, a comedienne debated a friend of hers regarding the appropriateness of rape humor, and the responsive comments were frankly disgusting. As were many of the comments directed at a Cheerios ad that featured a bi-racial family. Finally, I wrote some weeks ago about the secrecy surrounding mental health issues in our profession, and someone with no medical qualifications likened a psychotic break to over-stress in the workplace. Now, of these examples only two come directly from this site. But all of the hate, misogyny, racism, phobias, etc. are displayed here on a weekly basis. Are you really that stupid?

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Well, Bausch and Lomb is finally being sold. Oh, there will be some time between now and the closing, but yesterday’s announcement of 800 million dollars in cost cutting would make any in-house attorney nervous.

The cuts are to come largely from the front office and management, all places where lawyers are part of the organization. I know several good people who face a period of real uncertainty as Valeant performs assessment after assessment of where cuts can be made, and then begins to swing the axe.

My town of Rochester has seen more than its fair share of decline in the last decade. Eastman Kodak is a shell of its former self, and now B&L is going to be owned by a Canadian concern; at least, if true to Canadian tradition, they’ll be “nice” about the cuts, right?

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Talking to my mother in Edmond, Oklahoma on Monday afternoon took a turn for the scary when she told me that Moore had just been hit by another very serious tornado and another one was (click)….

It took me two hours to reach my brother, who also lives near Oklahoma City, and who ironically enough works for a large cellular company. After my ranting about the lack of service that scared the bejeezus out of me, he informed me that while all was well with my family, Moore was devastated — again. I am guessing that some readers were around eight years old in 1999, when Moore was last left resembling Hiroshima in a Technicolor film. I am certain that some residents thought a once in a lifetime storm would never happen again, but it seems that Moore sits on some sort of Hellmouth. That’s the thing with tornadoes, they come out of the blue, there’s nothing you can do to stop them, and your only protection when you have no basement, is to hunker down in a bathtub and pray — and that’s if you’re lucky. It is the same thing with business catastrophes. And while that segue might seem rough at first blush, put in the context of this week’s damage, it makes a certain amount of sense…

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Imagine that you are an associate at a law firm who is taken out for the “last drink.” And you are forced to deplete your savings, and now you can’t pay your bills, and your credit score suffers — greatly.

Now, imagine that you land an interview. And the potential job has a box on its application that you check — allowing them to check your credit. Ding! So, essentially you can’t get a job because you lost a job, and now you need a job to cover your bills that have accrued since you lost the first job.

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“The really important kind of freedom involves attention, and awareness, and discipline, and effort, and being able truly to care about other people and to sacrifice for them, over and over, in myriad petty little unsexy ways, every day…. The only thing that’s capital-T True is that you get to decide how you’re going to try to see it. You get to consciously decide what has meaning and what doesn’t…. The trick is keeping the truth up-front in daily consciousness.”

David Foster Wallace, Kenyon College commencement speech.

I am usually late to appreciate great things – i.e., the Grateful Dead, foreign cinema, red high top Reeboks (trust me, they were a “thing,” unfortunate, but still) and David Foster Wallace. I often write such things off as “fads” only to realize later in life, when I have yet again matured a bit, that I was missing out due to my own prejudices or some other ignorant trait. I came across the above speech and a fairly cool video on gawker.com today. I had heard of Wallace and written him off, not wanting to conform to a mob mentality of greatness aimed in his direction. But, after truly listening to his words, and allowing them to touch me, I did a bit of research. Somewhere in the back of my mind, I recalled that he had committed suicide, and upon further review, it was largely due to severe depression. Then, I came upon Elie’s piece regarding the T6 candidate with Asperger’s…

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