Tuesday, February 9, 2010 1:25 PM - By Elie Mystal
In October, we mentioned that the giant department store, Macy’s, was having some trouble disposing of its sensitive documents. Reports surfaced that internal documents, some of which included the Social Security numbers of Macy’s customers, were being disposed of on the streets of St. Louis, in lidless containers.
Now, months after the initial, embarrassing incident, Macy’s is doing it again. Missouri Lawyers Weekly reports (subscription):
Sensitive Macy’s records have again been littering the sidewalks of downtown St. Louis.
The records, meant for disposal, included shoppers’ Social Security numbers, employees’ expense reports, memos from the department store’s attorneys and even a letter from a distressed aunt about a foul-mouthed Santa Claus.
Macy’s — and Federated Department Stores, which owns Macy’s — has had months to fix this obvious problem. Their solution? Wait for it… buy lids for the streetside containers!
Details on this clever plan after the jump.
Continue reading "Dear In-House Counsel for Macy’s: Buy a Shredder. HTH."
Saturday, February 6, 2010 4:33 PM - By Elie Mystal
We were beset by technical difficulties here at ATL yesterday (as we explained in our Twitter feed). We apologize for the site outages; hopefully the situation will be better next week.
At least we didn’t have to go out in the snow. Our brethren in D.C. were not as fortunate. The Washington Post reports:
The full weight of winter brought life in much of the Washington region to a standstill Saturday as a storm predicted to be one of the most powerful on record dumped 12 to 21 inches of snow overnight. …
[O]fficials pleaded with people to stay off the roads until conditions improve. People were confined to their homes by the mountains of snow, many in the dark as trees brought down power lines.
Stay off the roads? But we’ve got an LSAT to take, damn it.
Continue reading "Snowpocalypse LSAT at Georgetown"
Friday, January 29, 2010 11:15 AM - By Kashmir Hill
In November, we told you about Damian Bonazzoli, who was — at that time — a senior staff attorney for the Massachusetts Appeals Court. He decided to make some money on the side by responding to a Craigslist ad seeking someone to write a term paper.
The Boston College law grad sent along his résumé and said he was willing to write a paper on physician-assisted suicide for $300. The Craigslist poster though was not a lazy Harvard freshman. It was an investigative journalist for Commonwealth magazine, who wanted to expose the “shadowy underworld” of college papers for purchase.
When the journalist confronted him, Bonazzoli was surely embarrassed but said:
“I am aware of no state or federal statute that prohibits such a practice. This is not the equivalent of, say, lying on a federal employment or tax form,” he said. “Could your school take disciplinary action? Of course. But that’s quite different from a criminal prosecution.”
Bonazzoli should have done some research before making that statement, as there is such a statute, passed in 1972.
The Massachusetts Appeals Court was none too pleased to have one of its staff attorneys on the wrong side of the law…
Continue reading "Hard-Hitting Term Paper Exposé Costs Appellate Law Clerk His Job"
Tuesday, January 26, 2010 2:49 PM - By Elie Mystal
As a denizen of New York City, I find that I have to deal with people who could be cast members on The Jersey Shore all the time. They clog up my 4 train when the Yankees are playing. They bounce at bars and clubs. Here in the city, you can even see them in their natural habitat, Gold’s Gym.
That’s why I was surprised when students at NYU Law School offered $2,000 in an unsuccessful attempt to get Snooki to come out and party with them. Why buy the landfill when you can get trash for free?
But in the hearty Midwest, it’s a little easier to understand why the cast from Jersey Shore can be so compelling. I mean, from the perspective of a Midwesterner, the cast of Jersey Shore must look like an alien species. I bet a Midwesterner would look at J-WOWW with the same level of fascination I’d regard Michele Bachmann. “What does it eat?” “Can I pet it?” “If I use a sentence comprised entirely of polysyllabic words, will its head explode?”
So, I have a modicum of understanding for the underground movement happening at the University of Wisconsin Law School. Here’s part of a letter that Above the Law received yesterday:
Dear AbovetheLaw,
I am a third-year law student at the University of Wisconsin Law School. My graduation is fast approaching and so far we (my classmates and I) have not heard who is going to be our guest speaker. However, the last thing I want to hear during my graduation is how great we are for becoming young lawyers, and that we have such a promising future ahead, especially considering our employment options currently. Instead a couple of classmates and I have come up with this great idea. If our futures are going to dissolve following graduation, we want to go down “guns blazing.” We want to raise money in order to bring the cast of Jersey Shore to come as our guest speakers.
Wasn’t this the setup for The Simple Life?
Are the Wisconsin students serious? More details after the jump.
Continue reading "Wisconsin Law School Seeks to Import Jersey Shore to the Great Lakes"
Tuesday, January 19, 2010 4:11 PM - By David Lat
Last week we wrote about an upcoming panel discussion, sponsored by the New York State Bar Association’s Committee on Women in the Law, that generated some controversy. The panel, entitled “Their Point of View: Tips from the Other Side,” was going to feature “[a] distinguished panel of gentlemen from the legal field,” who would opine on “the strengths and weaknesses of women in the areas of communication, negotiation, mediation, arbitration, organization, and women’s overall management of their legal work.”
After some negative reactions, including calls for a boycott, the NYSBA revised the panel title and description. We noted this in an update to our post (added on Friday at 6 PM before the holiday weekend, so some of you may have missed it).
The revised panel, according to the NYSBA, will feature both women and men. The new description of the event led Professor Bridget Crawford to rescind her call for a boycott.
But at least two “distinguished gentlemen” will not be participating in the new and improved panel. Details — plus a READER POLL, and highlighted comments from our last post — after the jump.
Continue reading "Update: Some Panelists Won’t Participate in Revised Panel for Lady Lawyers"
Friday, January 15, 2010 12:07 PM - By David Lat
Ed. note: Above the Law is a bit estrogen-deprived this week, with both Kash and Marin on vacation. So your above-signed writer, who is more in touch with his feminine side than Elie, was called up for duty. He apologizes for not being able to do justice to this subject.
UPDATE (6 PM): The New York State Bar Association has changed the title and description of the panel in question. Details after the jump.
Women in the law: you’ve come a long way, babies. Many of you are partners, even managing partners, at top law firms. Some of you are professors, even deans, at leading law schools. One if you is the Solicitrix General; two of you sit on the Supreme Court.
But maybe you still need some advice for navigating the mean, cutthroat, male-dominated world of the legal profession. Ideally these tips should come from, you know…. MEN.
At the upcoming annual meeting of the New York State Bar Association, the Committee on Women in the Law is sponsoring a program called “Weathering Tough Times: Strategic Planning for Your Practice.” It includes this panel:

So, how do you think women lawyers reacted to the prospect of enlightenment from a “distinguished panel of gentlemen”?
Continue reading "Hey, Lady Lawyers: Have We Got a Conference for You…."
Wednesday, January 6, 2010 6:01 PM - By Elie Mystal
I graduated law school in 2003, owing Harvard University just under $150,000. At the time, I had no idea what starting my professional career $150K in the hole would do to my life. I figured I’d work hard, make money, and pay my loans out of my general non-disposable income funds — kind of like my cable bill.
Seven years, two careers, numerous deferments and defaults, and one global economic meltdown later, I still owe a ton of money. Now, however, I pay it to various debt collection agencies and lawyers. When prospective landlords run a pro forma credit check on my application, they come back looking at me like I’ve been convicted of multiple war crimes. Every raise I’ll ever get will be eaten up by the collection agencies until sweet death allows me one everlasting and satisfying default. And, oh yeah, I don’t even want to practice law anymore — I quit my Biglaw job because, despite the debt, I really wanted to have a job that I enjoyed. So I essentially purchased a $150,000 disposable good. My time working in Biglaw was kind of like a very expensive vacation that I debt financed.
I mention all this because I am the cautionary tale prospective law students never want to think about. I mention all this because it is noble to crush false hope. I mention all this because there are way too many people poised to follow in my financially ruinous steps. The ABA Journal reports:
The percentage of law students expecting to graduate with more than $120,000 in student debt is continuing its upward climb.
Twenty-nine percent of law students surveyed said they expect to owe more than $120,000 at graduation, up from 23 percent in 2008, 19 percent in 2007 and 18 percent in 2006. The findings come from the Law School Survey of Student Engagement (PDF), which garnered responses from 26,641 law students at 82 law schools in spring 2009.
The insanity doesn’t end there. Check out the world these students think they are about to enter.
Continue reading "Debt: The Silent Killer"
Monday, December 14, 2009 11:11 AM - By David Lat
We know how you love caption contests. Just like our last one, which was holiday-themed, this one is also timely.
It goes out to law students in the midst of studying for or taking final exams. Here’s the pic:

Same rules as always: Submit possible captions in the comments. We’ll choose our favorites — with preference given to those with a legal bent — and then let you vote for the best one.
Please submit your entries by TUESDAY, DECEMBER 15, at 11:59 PM. Thanks!
UPDATE: Check out the finalists here.
Wednesday, December 2, 2009 10:05 AM - By Elie Mystal
I spent all day yesterday trying to summon the rage, trying to figure out a way to trumpet the cause of a sixty-something, recent law school graduate who is still having trouble discharging her student loans in a bankruptcy proceeding. The National Law Journal has the tear-jerking story:
When she graduated four years ago with a law degree at the age of 61, Denise Megan Bronsdon likely did not foresee bankruptcy court in her future. But that’s where she ended up — as a debtor.The former farmer’s wife, who operated a tractor before going to Southern New England School of Law in 2002, convinced a Massachusetts bankruptcy court in January that repaying the more than $82,000 she owed in student debt would create an undue hardship. However, the U.S. District Court in Massachusetts, considering an appeal by the lender, Educational Credit Management Corp., found on Nov. 20 that Bronsdon’s decision not to participate in a loan repayment assistance program should be part of the bankruptcy court’s undue hardship analysis.
If I was half the man I used to be, I’d take a flamethrower to this place. Hoo-Ha!
But the problem with my flamethrower is that I do not know where to point it. I could get angry at the entire system that makes student loans so difficult to discharge through bankruptcy. Or I could get mad at the law school that essentially stole this woman’s money. Or I could get angry at the woman herself — who failed the Wisconsin bar three times.
Oh, I know, let’s get pissy at all of them.
Continue reading "Discharging Law School Debt in Bankruptcy Doesn’t Get Any Easier When You Are Old"
Thursday, November 12, 2009 4:50 PM - By Elie Mystal
Our long, national, helium induced nightmare is almost over. CNN is reporting that Richard and Mayumi Heene — parents of Falcon “Balloon Boy” Heene — will plead guilty tomorrow:
The Larimer County district attorney’s office Thursday said Richard Heene has been charged with one count of attempting to influence a public servant, a felony, and Mayumi Heene has been charged with one count of false reporting to authorities, a misdemeanor.
Richard Heene turned himself in Thursday afternoon and was released on his own recognizance, authorities said.
The Heenes will appear Friday in Larimer County Court, where they are expected to plead guilty, their attorneys said.
I think we’ve all learned an important lesson. Children, be they in a balloon, down a well, with a fox, or in a box, do not constitute breaking national news.
Not that there is going to be a lot of sympathy for the Heenes, but it does appear that they got strong armed into this guilty plea.
Details after the jump.
Continue reading "Balloon Boy Parents to Plead Guilty "
Monday, November 2, 2009 10:14 AM - By Elie Mystal
Trick-or-treaters can get into serious trouble on Halloween. Especially if their Halloween activities involve arson. Or blackface. Or guns.
A student at BYU Law School donned a costume last week that was police-raid worthy. From the Salt Lake Tribune:
When Attorney General Mark Shurtleff spoke at a BYU Law School criminal procedures class Thursday, one law student came to class dressed in full SWAT gear, including an armor belt, and some students said he had carried a gun on campus, although they weren’t sure it was real.
Yeah, that’s probably taking All Saints’ Day Eve a little too far.
Continue reading "Law Student of the Day: Bad Idea Costume"
Monday, November 2, 2009 7:52 AM - By Kashmir Hill
Delaying start dates for incoming associates may have another downside: leaving them with nothing to do but get into trouble.
Brian Schroeder has an impressive résumé. The Texan graduated from Duke in 2005, having majored in theater studies, and went on to Harvard Law School. There, he was an editor of the Harvard Latino Law Review and a co-president of Lambda, an LGBT student group. He also took part in Parody, the HLS comedy show (which Elie was involved in during his time at Harvard Law).
After taking a year off to travel around Southeast Asia, Africa and Europe, he graduated from HLS this spring and moved to New York for a Biglaw job. He was supposed to start at Sidley Austin. [Update: Tipsters say Schroeder had taken the Sidley deferral package and was doing pro bono work.]
On Friday at 6:31 p.m., Schroeder’s Facebook status read, “Brian Schroeder is all tattooed and ready to go.” He included a link to these tattooed self portraits.
That night, Schroeder got very drunk and got up to some serious trouble on the morning of October 31. Yesterday a friend wrote on his wall:
“I totally just read this article that someone with your name and age set a fire…just a coincidence huh?!”
Unfortunately, it’s not a coincidence.
Continue reading "Harvard Law Grad Sets Fire to 9/11 Chapel (and His Future Legal Career?)"
Tuesday, October 27, 2009 8:52 PM - By Kashmir Hill
Last week, we posted a highly unusual motion from Arizona. Attorney Tajudeen “Taj” Oladiran filed a “Motion for a [sic] Honest and Honorable Court System” in his racketeering case against Suntrust Bank before the “dishonorable” Susan Bolton.
Taj was extremely disappointed in a ruling by Judge Bolton, calling her “a brainless coward.” He ended the motion with the following:
[M]any good lawyers in town told me the bank’s executives would never be deposed, and that the case would go nowhere. I stupidly stuck to the notion that everyone is equal under the law etc. Boy was I wrong…
My thanks go out to Larry Folks and Kathleen Weber [Ed. Note: opposing counsel] who both warned me that I would lose (I should have listened to them).
I apologize to all my clients. I know, I’m sorry does not repair the mess I made but, that’s all I’ve got.
To my family, words can’t express my apologies; please remember me kindly.
Finally, to Susan Bolton, we shall meet again you know where. :-)
Some readers of last week’s post worried that was a suicidal sign-off.
We got worried too when Taj failed to respond to our emails and phone calls of the past few days. Today, we sent him a Facebook message. When our phone rang with a strange number this afternoon, and the voice on the other end had a Nigerian accent, we were relieved.
Taj lives! He sent us a lengthy missive. Here’s an excerpt:
I hope my explanation will stop the jealous haters that sent me nasty comments from holding their breaths in anticipation of news that I’ve committed suicide. Sorry, no such plans. The Whistleblower Pleading is not about a suicidal lawyer, it is about how an out-of-state bank that made bad mortgage loans in Arizona was able to obtain a horribly biased ruling in its favor. An occurrence that I thought was impossible in the federal district court. .
Full statement, after the jump.
Continue reading "Taj Lives! (And He’s Pissed)"
Friday, October 23, 2009 2:40 PM - By Kashmir Hill
Tajudeen Oladiran is an Arizona attorney who is currently of counsel at Aguilera International Counsel. A Biglaw refugee, he spent a year at Greenberg Traurig, as well as a year working for the Arizona Attorney General’s Office.
Given those credentials, we were surprised that he would file one of the craziest motions we’ve come across here at Above The Law.
From the U.S. District Court of Arizona:

It is a motion in a case that Tajudeen Oladiran and his wife filed against Suntrust Bank for racketeering. We gather from the motion that Oladiran was not pleased with the ruling by “the Dishonorable Susan R. Bolton” (as she’s identified in the caption). Oladiran wrote: “I just read your Order and I am very disappointed in the fact that a brainless coward like you is a federal judge.”
A lesson on how not to address the court, after the jump.
Continue reading "Motion of the Day: “We shall meet again you know where.”"
Sunday, October 18, 2009 11:55 AM - By Kashmir Hill
On Thursday morning, a “homemade flying saucer” took off from the Colorado yard of Richard and Mayumi Heene. The Heenes drew nationwide attention when they claimed that their 6-year-old son Falcon was inside.
When the saucer finally landed, Falcon did not glide down with it. Instead, he was hiding in the family attic. The Heenes said he was hiding because he feared punishment, but he told CNN that he “did this for the show.”
Now it looks like the Heenes were full of hot air. Robert Thomas, a former assistant to Richard Heene, penned a column for Gawker calling it all a big hoax by his attention-hungry boss, claiming to have discussed a plan like this with Heene earlier this year. Plus, Thomas says the attic in the Heene home is virtually inaccessible and that Falcon would have needed help to fly up there.
The authorities appear to agree and announced last night that they will be filing charges. From the New York Times:
The office did not identify the specific charge or charges on Saturday, but said a Class 3 misdemeanor charge was possible, according to The Associated Press. False reporting of a crime falls under that class of misdemeanor.
The sheriff, Jim Alderden, said a Class 3 misdemeanor “hardly seems serious enough given the circumstances.” He added, “We are talking to the district attorney, federal officials to see if perhaps there aren’t additional federal charges that are appropriate in this circumstance.”
It’s too bad the balloon did not make it across state lines.
Charges to Be Filed in Colorado Balloon Incident [New York Times]
Exclusive: I Helped Richard Heene Plan a Balloon Hoax [Gawker]
Wednesday, October 14, 2009 10:02 AM - By Kashmir Hill
Orly Taitz is a California attorney described by Wikipedia as “a leading figure in the ‘birther’ movement, which challenges whether Barack Obama is a natural-born citizen eligible to serve as President of the United States.” She started the Defend Our Freedoms nonprofit in order to wage the birther battle. We’re glad to see that its website does not have a photo of Obama with a question mark; instead, it has a tasteful image of Taitz’s head photoshopped over the Constitution, the American flag, and ALR volumes.
Earlier this year, Taitz went to federal court (M.D. Ga.) to request a restraining order on behalf of Army doctor Connie Rhodes preventing Rhodes’s deployment to Iraq. Taitz claimed that the deployment order was illegal because President Obama is not legally president, and attached among her evidence the obviously-faked Kenyan birth certificate for Obama that has circulated on the Internetz.
Federal judge Clay Land aborted that birther suit and reprimanded Taitz for filing a frivolous lawsuit. Shortly thereafter, Connie Rhodes wrote Judge Land a letter saying she found out about the lawsuit via media reports and had neither asked Taitz to represent her nor wished to resist her deployment.
Yet Taitz is still laboring over this suit and filed an order challenging Land’s dismissal of the case. He responded by giving her a two-week deadline to explain why he shouldn’t sanction her and fine her $10,000. On the deadline, she filed a motion to recuse Land from the case. He didn’t like that…
Continue reading "Lawyer of the Day: Orly Taitz"
Thursday, October 8, 2009 11:55 PM - By David Lat
Remember Jane Allen Clark? She’s the Texas attorney who originally used the quasi-racy photo on the left for her lawyer profile on the state bar website. After we wrote about it, she replaced it with the more staid portrait on the right:

But where did that first photo come from? An eagle-eyed reader drew something to our attention….
Continue reading "Further Misadventures in Lawyer Advertising: Where Did Jane Clark Find Her Hubba-Hubba Photo?"
Wednesday, October 7, 2009 10:50 AM - By Elie Mystal
Somewhere there is a giant invisible hand that really enjoys jerking around the earning potential of attorneys in good standing. Belmont University is opening a new law school next year. The Tennessean reports the latest evidence that university presidents hate lawyers:
The Belmont College of Law would be the state’s sixth law school, the third in Nashville and the first new law school to open in Middle Tennessee in a century.
“This is far, far, far bigger than anything we’ve done before,” Belmont President Bob Fisher said. “Twenty years from now, there could be 2,000 Belmont law school graduates out in the community, hopefully doing some good.”
Excuse me.
After wiping off the blood streaming out of his eyes, Elie bangs his head on his desk. Unsatisfied, Elie removes copies of Streetcar and Cat on a Hot Tin Roof from his bookshelf and throws them, burning, from his window, while shouting general obscenities at any he believes to be from the great state of Tennessee.
Fine, so Bob Fisher doesn’t mind keeping local lawyers financially hobbled due to the oversupply of attorneys. Surely the local bar association will stand up for its current members:
News of the new law school has been a closely guarded secret. W. Scott Sims, past president of the Nashville Bar Association, issued a quick statement greeting the new law school as a “wonderful addition” to the legal scene.
At tonight’s performance, W. Scott Sims will be playing the part of Kevin Bacon at the end of Animal House.
You know what? As bad as this is for students at Tennessee’s other law schools, how colossally dumb are the people who sign up for a Belmont law degree next year?
Tuition details after the jump.
Continue reading "Belmont (TN) To Open New Law School — Just Because They Can"
Wednesday, September 16, 2009 7:34 AM - By Kashmir Hill
Last week, we reported on a questionable offering in the Lexis-Nexis Rewards Program store: an “Asian Angels” calendar.
Shortly after our post went up, the calendar came down. It seems that legal research companies respond well to media coverage.
But the calendar, despite being quickly withdrawn from the Lexis swag offerings, still incurred the ire of the Asian Pacific American Law Students Association at UC Berkeley.
Read their response, plus a statement from Lexis, below.
Continue reading "No More Asian Angels For Loyal Lexis Users "
Thursday, September 10, 2009 12:58 PM - By Kashmir Hill
LexisNexis has a rewards program that allows loyal users to accumulate points for certain research activities and then to use them to “shop from millions of items.”
One of the items makes us want to give LexisNexis an “ex” rating. An ATL reader and loyal Lexis-Nexis user pointed the item out to us, writing:
Search for it in the rewards store. It’s available for 1261 points. Pretty shocking if you ask me. The calendar that is, not the price.
We’re red-flagging this. Check it out, after the jump.
Continue reading "Sexy LexisNexis Reward"