Kashmir Hill & Elie Mystal

Posts by Kashmir Hill & Elie Mystal

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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parking garage murder P2.jpgEd. note: This post has been updated. Please read below (updates in bold).
Not all Biglaw types are luxuriating in 1600 hours for the year. Some are still working long hours and spending late nights at the office. There can be hazards to late night assignments: canceled dinner plans, sleep deprivation, and running across an armed robbery in the car garage.
Such was the case last night, in a garage shared by many firms, including Paul Hastings. A Los Angeles attorney sent us this e-mail last night at midnight EDT/ 9 p.m. PDT:

This evening, some attys in the office received the following email:
“In case you guys were planning on leaving the office, there’s an armed car jacking going on in j2, its barricaded and cops aren’t letting anyone in. Some sort of stand-off with the cops now.”

Our correspondent has since retired. We have inquiries in to Paul Hastings but have not gotten an official statement yet. Are there any early risers on the West Coast who know more about this? Send us tips at tips@abovethelaw.com.
UPDATE: The Los Angeles garage in question is shared by Paul Hastings and other noteworthy Biglaw firms, such as Morgan Lewis, Winston & Strawn, and Jones Day.
The full story from a building manager is that a woman — we don’t know her Biglaw affiliation, if any — was approached by a man in the parking lot who demanded that she surrender her car keys. She did and called the police. That precipitated the closing of the garage. The police investigated the crime scene for a couple of hours, which is why nobody was allowed to leave the building during that time. No “stand-off,” just a crime scene investigation.
The criminal was not apprehended, but police reports indicate that the criminal left behind some physical evidence. As we understand it, the car jacker was not armed.
We’ll keep updating this post as we have more details to report.

no offer factories.jpgFirms have been making offers this month. The good news came first, leading us to ask at the beginning of the month: Summer Offer Rate Open Thread: Are We Back to 100%?
We’re such optimists here at ATL that we followed that thread with this one: Summer Offer Rate Open Thread: Happy Happy Joy Joy!.
This week, a number of recent summer associates have asked us to take off the rose-colored glasses. On Monday, we reported that Paul Hastings would have a 75% offer rate, leaving a quarter of its summers with no offers.
We’re now getting reports of no offers at other firms. Two examples are after the jump. But tell us what you are hearing in the comments or send it into tips@abovethelaw.com.

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louisville cardinals.jpgWhat could have been a tragic story looks to have been resolved in a peaceful manner.
The Louisville Courier-Journal reports:

A former University of Louisville student and contract employee was apprehended by University of Louisville Police Friday morning after a law library staff member recognized that he was barred from campus.
According to police, Thomas H. Irwin entered the law library at about 8:30 a.m. with two handguns and ammunition. A library employee called U of L Police, who escorted Irwin from the premises without incident.

According to an email sent to the student body, the former University of Louisville student “had been declared persona non grata by the university in December 2008.”
Way to watch over your library like a hawk, not a cardinal, unknown super-staffer. We gotta get you into the TSA.
Statement from the university, after the jump.

double red triangle arrows Continue reading “Law Library Staffer of the Year Averts Disaster at Brandeis School of Law.”

curtis facebook recruiting.JPGDespite last week’s welcome reprieve from Biglaw layoffs, it looks like some firms didn’t get the memo. Above the Law has learned that Curtis Mallet conducted layoffs early this week. We believe that 10% – 15% of its corporate associates have been let go. Multiple class years were affected, but it appears that first years were spared.

Curtis Mallet would not respond to our multiple requests for comment

Perhaps the firm is embarrassed to be laying off associates on the heels of last year’s strong profit numbers. In February, Am Law Daily reported:

Bucking the trend among New York law firms, Curtis, Mallet-Prevost, Colt & Mosle reports a 13.5 percent surge in revenue to $125 million. Curtis Mallet has chosen the worst business year in memory to cross the million-dollar profits per equity partner mark, with PPP up 11 percent to $1 million. Revenue per lawyer for the firm’s 225 lawyers, scattered among 14 offices worldwide, nudged up 3.5 percent to $570,000….

Firm chairman George Kahale, who was profiled in The American Lawyer last year, says that Curtis Mallet has the right mix of groups for the current economic climate.

So you see, laid off associates should be proud that they helped the partners make a million dollars before being shown the door.

After the jump, we learn that the work of soon-to-be-former Curtis Mallet associates is not quite done.

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