Kashmir Hill & Elie Mystal

Posts by Kashmir Hill & Elie Mystal

The heady days of the “mutual assured destruction” approach to associate compensation by Biglaw firms are behind us. But some associates would still like to see how they are doing in comparison to their colleagues at other firms. A tipster recently wrote us:

Can you do a post requesting commenters to post grade schedules a la greedyassociates back in the day showing salary per year. This would make comparisons easier. I’ll start:

Sheppard Mullin
1st year 145K
2nd 160
3rd 170
4th 185
5th 210
6th 225
then it gets vague with a range from 240-265K.

Some of this information is available in the firm profiles on the Above the Law Career Center. But as good greedy Sheppard-ite must know, comparing salaries is much more complicated these days due to some firms instituting merit-based compensation models.

WilmerHale is one of those firms. Yesterday, Wilmer released its projected salary structure for 2011. We’ll see if it’s a merit-based market leader…

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Sandra Day O’Connor and Ruth Bader Ginsburg are examples of female lawyers who have it all: success in both their personal and professional lives. They both reached the pinnacle of the legal profession — a seat on the Supreme Court — but also raised families, blessing the world with judicial opinions galore, children, and grandchildren. They had time for dicta and… Well, you get the picture.

What about the most recent two females anointed with the holy SCOTUS water: Elena Kagan and Sonia Sotomayor? They both have incredible résumés, which helped get them to One First Street, but neither one had a family to move down to D.C. with them.

On the other hand, the most recent male nominees to the Court, John Roberts and Samuel Alito, are both married with children. They did not have to sacrifice family for profession. (Of course, that’s assuming you see “no children or significant other” as a “sacrifice.”)

Some studies have shown marriage is advantageous for men, but disadvantageous for women. Single women often make more than single men. An old article from Forbes points out:

Without husbands, women have to focus on earning more. They work longer hours, they’re willing to relocate and they’re more likely to choose higher-paying fields like technology. Without children, men have more liberty to earn less–that is, they are free to pursue more fulfilling and less lucrative careers, like writing or art or teaching social studies.

Andrews Kurth partner Kathleen Wu recently offered career advice in the Texas Lawyer. As Ashby Jones points out at the WSJ Law Blog, the most valuable piece is to “get real about balance.” Wu wrote:

It is next to impossible to balance a full-time legal career with marriage, children and regular trips to the gym. It’s no coincidence that the two women most recently nominated to the U.S. Supreme Court — now-Justice Sonia Sotomayor and nominee/U.S. Solicitor General Elena Kagan — are unmarried and childless.

Can women not have it all? Elie — married and male — and Kash — single and female — opine and offer a poll, after the jump.

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The modern workplace plays host to three generations: the baby boomers, Generation X, and Generation Y. A panel at the InsideCounsel SuperConference this week called the youngest of the bunch, Gen-Why?. The italics are likely meant to indicate a whiny tone, because this bunch, born from 1981 to 2001, are supposedly entitled and snotty. E.g., “You’re going to defer me for a year with a $60,000 stipend? Wah! I hate you!”

I attended the panel as did another legal blogger, Adrian Dayton. Check out his post on what’s wrong with Gen-Y. Despite their complaints about the young’uns, oldies tend to give in to their wishes, judging from the response one general counsel gave to a Gen-Yer who asked to head off to New Zealand for a year and have his job held until he got back.

A not-especially-snotty-or-entitled Gen-Yer was chosen for the panel: Jack Rossi, staff counsel at JetBlue, who scored an in-house offer directly out of law school. He admitted that some of the myths about his generation are true: he does like feedback and wants mentorship (and he’s gotten it in-house). An older baby boomer lawyer in the audience spoke up to say, “I wanted the same things as Jack, but I was not brave enough to ask for it… It was kind of ‘figure out for yourself.’ I think the fact that younger lawyers ask is actually a good thing.”

Honestly, there wasn’t a lot of tension in the room between Gen Y and Boomers, even when J.D. turned PhD panelist, Arin Reeves of The Athens Group, suggested Boomers were at fault for spoiling young folks given the wining-and-dining summer associate experience they created. “If you want to teach that work is the priority, take the events away,” said Reeves.

I think all of our Biglaw readers will agree with us in deeming that terrible advice.

In the room, greater tension seemed to exist between Gen X and Gen Y. “It sounds like we’re saying, ‘How are we going to accommodate an already spoiled generation?’” observed one Gen Xer.

Since I am Gen Y, and Elie is Gen X, we thought this would be an opportune time for a little ATL debate. I’ll let the old man go first…

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It’s May. Soon it will be June. The class of 2010 is about to graduate. And sure, everything will suck for them, but let’s give them their due:

Ahh, that’s the good stuff.

But sometime after that song is played, and before the students become acquainted with the nutritional properties of mayonnaise sandwiches, somebody will try to stand up and put their aborted legal careers in some sort of context.

Who will be doing the commencement address at your law school this year? More importantly, are any of the speakers hiring?

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Is there a Tiger Woods at your firm?

Tiger Woods is back on the green stroking it into the hole, his face no longer in the rough, for the first day of the Masters.

Beyond a flyover involving a terrible pun and controversy over Nike’s resurrection of Woods’ dead father’s voice, the first day was a smooth one. Tiger the Superstar is back.

Last weekend, Jonah Lehrer wrote a piece for the Wall Street Journal about “The Superstar Effect,” suggesting that Tiger will make other golfers play worse just by showing up:

According to a paper by Jennifer Brown, an applied macroeconomist at the Kellogg School of Management at Northwestern University, Mr. Woods is such a dominating golfer that his presence in a tournament can make everyone else play significantly worse. Because his competitors expect him to win, they end up losing; success becomes a self-fulfilling prophecy.

Ms. Brown argues that the superstar effect is not just relevant on the golf course. Instead, she suggests that the presence of superstars can be “de-motivating” in a wide variety of competitions, from the sales office to the law firm.

Brown analyzed PGA Tour data from 1999 through 2006, and discovered that Woods’s presence in a tournament resulted in other golfers taking more strokes. Brown suggests that in situations where success is based on relative performance, a known superstar causes everyone else to give up and step down their game.

We thought that superstars made mediocre associates swing with malice aforethought. But Brown suggests that the “up and out model” at law firms results in great performance from the Tigers bound for partnership, and halfhearted efforts by the rest of the associates who know they’re on their way out…

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The final match of our March Madness was not quite as thrilling as the Duke-Butler game. DC pulled away from San Francisco at the very beginning, when voting started on Monday afternoon. We were amused to see that lawyers in SoCal contributed to DC’s early momentum (pictured at right).

DC finished strong, defeating San Fran 61-39. So now it’s official: Congratulations, Washingtonians. You are in the best place in America to be a lawyer. Go to One First Street and do a victory lap around the Supreme Court.

This was how D.C. made it to the top. It wasn’t an easy path, though D.C. made it look like it was:

Here at ATL headquarters, Elie, Lat, Kash, and David Minkin (our publisher, of ATL litigation fame) filled out brackets, with a $40 pool. Curious who won?

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Non-Sequiturs 04.06.10

* So how did Judge of the Day Shirley Strickland Saffold get outed anyway? Well, it started with some hurtful anonymous comments. [On the Media]

* Wait a minute, you’re saying that playing football could cause head injuries that lead to dementia? But the game looks so peaceful. Why weren’t we informed of this? [WSJ Law Blog]

* Why would you pay extra money in rent for a man to hold the door open and spy on you every time you enter or exit your building? [True/Slant]

* Virginia declares April to be “Confederate History Month.” That’s a great thing. It’s about time Virginians learned that they actually lost the Civil War. [Huffington Post]

* Let’s say you aced the job interview. What’s the best way to follow up? [Law.com]

* The Brennan Center for Justice has a very good legal book review website going. Hey, it’s not like the Times Book Review has the space to give these books the coverage they deserve. [Brennan Center for Justice: Just Books]

* Lat, Elie, and Kash want to drink with you. Don’t forget to sign up for our summer kick-off party. [Above the Law]

It’s the finals in our March Madness. No underdogs made it. In our contest, Cinderallas were sent home from the ball with a glass of shut-the-hell-up:

It’s the nation’s capital vs. the West Coast’s finest. Vote after the jump.

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After two weeks of urban analysis, voting, and ample trash-talking, we have finally arrived at the ATL March Madness Final Four. Giants have fallen along the way.

New York was cut down by Washington, D.C. Dallas did away with two Southern belles. San Francisco proved its supremacy over the other cities of the West Coast. Chicago had the easiest path to the finals — the Midwest is the weakest conference.

Here is how these four cities made it to the Big Dance:

Chicago, D.C., Dallas and San Francisco duke it out, and we provide commentary, after the jump.

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A tipster reports that USC’s Gould School of Law has a new proactive solution to student debt: death or permanent and total disability.

That’s right, USC kids. If you can’t get a job coming out of the Gould School of Law, you could always just die. Perhaps not the J.D. you had in mind when you enrolled there.

But “Just Dying” is only one possible solution for your financial problems. USC has some other advice for those not planning on biting it after graduation…

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ATL’s competition to crown the best city to practice law continues.

In the regional finals in the east and south, D.C. is dominating New York, and Dallas is doing away with Atlanta. Now it’s time for us to turn our sights westward.

This round’s bouts will determine which city in flyover country is the best for lawyers and will finally resolve the NoCal vs SoCal debate. Let’s get to it…

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We’re past the first round of our Best City to Practice Law, March Madness bracket. Last week saw a few upsets in terms of overall city population, but few true surprises:

This is good for ATL office pool participants Kash and Lat. They are both tied for first place having picked 7 of the 8 match-ups correctly in round one. Elie’s lagging behind, with only 6 of 8 correct — Elie has a whole new reason to hate the denizens of Houston who couldn’t even show some civic pride and vote for their stupid city. [If you want to check out how the real NCAA brackets are going, check here. Elie's in 30th (thanks Georgetown), while Kash is 21st and has "Kansas" losing to Michigan State this round anyway.]

Today we’re tackling our regional finals in the East and South. In one corner, we have two bastions of East Coast intellectualism (and elitism). In the other corner, we’ve got a high quality of life that is occasionally interrupted by truck nutz. It should be a spirited debate, let’s get to it…

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Above the law march madness.jpgThe NCAA March Madness Tournament kicked off officially today. (Since it took Elie a good two hours to write his half of this post, Kash assumes he’s streaming the tournament on his computer.)

Meanwhile, we kicked off round one in our ATL “Best City To Practice Law” tournament on Tuesday, pitting cities in the East and South against one another. Heading into the weekend, D.C., NYC, Dallas, and Atlanta are looking good in their regions.

If you’ve forgotten the match-ups, check out the bracket, also available after the jump.
Today, cities in the PST and flyover country go head to head. The voting and some commentary from your editors, after the jump.

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Merger Madness.jpgAs many of you are slowly trying to shake off your St. Patrick’s Day hangovers, there comes a bit of good news from Jon Ogg on the blog 24/7 Wall Street. Exxon Mobil announced that it had received approval from the DOJ for its acquisition of XTO Energy.
Despite the pervasive perception that the Obama administration was going to be a ginormous thorn in the side of Wall Street with regard to regulation, Exxon Mobil managed to get this approved without having to answer a second request. Second requests are commonly launched by either the DOJ or FTC during proposed mergers so that the government can make certain a company will not grow to monopolize a certain industry.
So why is this good news? After the jump I will explain why this may end up being a boon to both the legal and legal technology industries. If Ogg’s predictions are any indication, a cash cow may be coming to an antitrust division of a law firm near you.

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ATL’s March Madness starts today. We want you to crown the best cities for practicing law.
We’re jumping right into the Sweet Sixteen. Some people weren’t happy with the sixteen cities that made the cut. Even though their populations are sizeable, cities like Phoenix and Miami didn’t get invited to the Big Dance. If retirees outnumber lawyers in your town, you were disqualified from the tournament.
Here is the bracket for the “Best City to Practice Law” competition:
Thumbnail image for ATL March Madness 2010 brackets.jpg
The first two regions, with some commentary from your Vitale-channeling editors, after the jump.

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Kathleen Sullivan.jpgA question started percolating around the ATL offices this morning (your ATL editors do work out of an office, at least since our moms kicked us out of the basement): Is Kathleen Sullivan the FIRST female named partner in the Am Law 100?

We figured that surely there was at least one other firm that had a female partner with her name in lights. But we’ve thought about it, conferred with the ABA Commission on Women in the Profession, and googled around a little, and so far we’ve come up empty.
According to a spokesperson from Quinn Emanuel, Kathleen Sullivan is the Alpha female of the Am Law 100:

We believe she is the first female partner to be a named partner in the Am Law 100.

Is this possible? Were all of the top 100 firms named after old white men until today? All of them?

If you know of an exception, send us an email or put it in the comments. Please tell us that we didn’t have to wait until 2010 to cross this threshold. Regardless, we’re always happy to see a woman on top.

Earlier: CHECK YOU FIRM NAME: Quinn Emanuel Adds Kathleen Sullivan to the Stationery

old man partner.jpgThe older generation of Biglaw partners is starting to see retirement staring them in the face. At firms that have a mandatory retirement age, getting old means getting out — forced out.

This phenomenon is affecting some big-name attorneys. Word on the street (and in our comments) is that Bob Bennett left for Hogan & Hartson in part because he simply became too old for Skadden. And today the ABA Journal reports that Michael Sohn, former managing partner of Arnold & Porter, is leaving for Davis Polk & Wardwell because of A&P’s retirement age.

ELIE: To which I say: “Yay!” With all due respect to our Baby Boomer forebears, their time on the world stage is almost up. They’ve had a good run, what with getting the bag beat out of them in Vietnam, totally selling out during the 80s, and electing two different Bushes three different times. It’ll be almost sad to see them go. They won’t be forgotten, of course. No, we’ll be paying for their extended life expectancy and Cadillac health care long after they once again kill any movement towards health care reform.

I’m surprised anybody would support these aging partners hanging on, and on, and on, in the law firm context where Biglaw is facing a real problem with attrition. Young people are being fired or held back because older people won’t gracefully move and get out of the way. Boomer partners are trying to exert dead-hand control over their firms, preventing the next generation from climbing the ladder to leadership.

I’m not saying that everybody over the age of 70 should be forcibly marched to manicured concentration camps in Florida and Arizona. There are a lot of awesome things you can do with your “golden years.” Spend time with your family, start a blog, write op-eds of significance.

But for the love of God, stop getting in the way of the younger generation that is eager to take their shot at making decisions (and profits). I know you old guys don’t see the point of Facebook, Twitter, and a totally revamped fall recruiting program — and that’s fine. Nobody is asking you to totally change your way of thinking; we wouldn’t want you to break a hip. Just admit that with age comes a certain ossification of the brain that makes it resistant to necessary change, and ease your way out of positions of power.

Of course, not everybody agrees with me; some people like it when the old guys stick around. Next up: Kash explores her Daddy issues….

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A Whale of a Lawsuit?

shamu killer whale.jpgYesterday, a killer whale demonstrated at a SeaWorld in Orlando why it has that name. The Shamu show turned horrific when a male orca named Tilikum killed veteran trainer Dawn Brancheau.

According to the Orlando Sentinel, Brancheau was talking to the audience and petting Tilikum’s head, when he grabbed her by the arm and pulled her into the water. After some violent thrashing, the alleged killer whale drowned her.

The Sentinel reports that trainers did not ever get into the tank with Tilikum, because of his murderous past. He’s more like a serial killer whale:

In 1991, Tilikum and two female killer whales dragged trainer Keltie Byrne underwater, drowning her in front of spectators at Sealand of the Pacific, a defunct aquarium in Victoria, British Columbia.

Acquired by SeaWorld the next year to breed with female orcas, he was involved in a second incident in July 1999 when the naked body of a man who had apparently sneaked into SeaWorld after hours to swim with the whales was found draped dead across his back.

In fairness to Tilikum, he’s a majestic animal captured by humans and imprisoned for their amusement and curiosity. How many people would you kill to escape forced mating with a female orca?

An animal rights activist told the Sentinel that Tilikum is “a killer” and should have been set free years ago, and not been kept in contact with humans at SeaWorld.

It sounds like SeaWorld could be in dangerous legal waters…

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sheppard mullin toilets.jpgThe executive director of Sheppard Mullin sent out an email to the Los Angeles office yesterday with the following subject: “Copycat Urinater.” Here’s an excerpt:

A few weeks ago, someone urinated on the floor and two of the toilet seats in women’s room on the 43rd Floor. I reviewed the security tapes and interviewed those entering the restroom over the two hour stretch preceding the first report of the incident. Unfortunately, each person interviewed recalled seeing the mess but simply elected to use a clean toilet and did not report what they had seen. This is not the first time something like this has happened in a Sheppard Mullin women’s room. We had similar problem on the 41st Floor some time ago. Due to the vigilance of the ladies on 41, the perpetrator was identified and corrective active taken. That person is no longer with the Firm.

Nationwide Layoff Watch: Toilet seat sprayers at Sheppard Mullin.
Sheppard executive director Robert Zuber is third in command, according to this firm facts page. Apparently, potty puddle investigations fall within an ED’s job responsibilities.
More discussion, plus the full email from Zuber, after the jump.

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Bob Bennett Robert Bennett Robert S Bennett.jpgSources at Skadden report that Robert S. Bennett, the legendary litigator, will be leaving Skadden for Hogan & Hartson. Skadden partners were informed yesterday; Skadden associates are being told right now.
Bob Bennett is one of the most famous trial lawyers in the world. His client list reads like a CNN promo: Enron, Bill Clinton, Judith Miller, Caspar Weinberger! That’s right, I kicked that list with the Cold War winning, Contra-loving SecDef.
Carl Rauh will also join Bennett at Hogan. Rauh has worked with Bennett on many of his high-profile cases, so that’s of little surprise.
But tipsters report that the two will not be taking any other Skadden – D.C. personnel with them.
Bennett started his private practice at Hogan & Hartson. So the move is a bit of a homecoming.
The associates’ meeting is about to kick off. We hope to have official confirmation from the firm and more news after the associates are informed.
The top brass at Hogan are surely excited about the Bennett acquisition — but might he be to blame for their missing out on the opportunity to meet Sex and the City stars?

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