There was some ambiguity about the professional fate of Robert Somma, the Boston-based bankruptcy judge who was arrested for drunk driving while wearing a black cocktail dress, fishnet stockings, and high heels. At first he said he was resigning. But after a groundswell of support, Judge Somma reconsidered his resignation.

We were hoping for his return. Sadly, it looks like that won't be happening. From the Boston Globe:

US Bankruptcy Court Judge Robert Somma, who resigned after his arrest on a drunken driving charge in February and then tried to rescind his resignation, will not be coming back, federal court officials said this afternoon.

"The United States Court of Appeals for the First Circuit and Judge Robert Somma have agreed that he will not resume service on the United States Bankruptcy Court for Massachusetts but is leaving to pursue other endeavors," the Office of the Circuit Executive said in a one-paragraph statement.

We wonder: Was Judge Somma strong-armed into staying away from the bench, by those killjoys on the First Circuit? Stay tuned. Somma's lawyer, Robert Carpenter, told the Globe that "we may have our own statement to come out next week."

As for those "other endeavors," we're curious. Will he become a widely acclaimed drag performer? Or move to Florida and become a television judge? Or maybe combine the two, and become America's first cross-dressing TV judge?

P.S. We're all in favor of drag performance. In fact, we've been described as "the blogging equivalent of a very talented drag queen" -- one of our favorite compliments ever.

After drunken driving arrest, bankruptcy judge agrees to leave [Boston Globe]
Somma: On the Bench or Off? [Legal Blog Watch]

Earlier in the week, this email went out to all the lawyers in the Restructuring Group at Kirkland & Ellis, from the head of the group:

04/01/2008 10:58 AM
To: #FW Restructuring Attorneys
Subject: Upcoming Dress Code Program

As part of our KIRT [Kirkland Institute of Restructuring Training] programs, I am pleased to announce a "dress for success" program, which will be held on each Monday for one hour for the next four weeks. I have arranged for outside speakers from a number of prominent men's and women's fine clothing stores to lead the programs. In light of the number of button down shirts being worn with suits and the number of associates (mostly, male) wearing boring and mismatched ties and shiny suits, the program is highly needed. Attendance for the program is strongly encouraged.

We've seen how bankruptcy lawyers dress. This is a wise idea. Just don't bring in the Cleary Anti-Afro Lady.

Also -- was the reference to the sartorial dubiousness of wearing button-down shirts with suits a shout-out to ATL? See here.

More after the jump.

As we previously mentioned, Bankruptcy Judge Robert Somma announced his plan to resign from the bench, after he was arrested for DUI (while wearing women's clothing). We questioned Judge Somma's decision to step down:

Is this really that big a deal? When you strip away the women's clothing, colorful but irrelevant details, you're left with a DWI arrest -- which, while not exactly commendable conduct, is something other judges have survived.

And we're not alone. This message is making the rounds of the bankruptcy bar:

As I am sure most will agree, the news of Judge Somma's resignation was disheartening. We are hopeful that Judge Somma will reconsider his decision with the support and encouragement of a significant portion of the bankruptcy bar.

Attached is a letter which several of us intend to submit to Chief Judge Boudin of the First Circuit Court of Appeals, with a copy to Judge Somma. If you would like to join us, please advise us at your very earliest convenience, and we will add your name as a "signatory".

We intend to submit the letter to Chief Judge Boudin by the close of business tomorrow, Thursday, February 28, 2008. In the event that you cannot respond by then, but nonetheless are supportive, please so advise either of us by return email at your earliest convenience, and we will endeavor to supplement the list of supporters as may be appropriate. Otherwise, as no amount of support can be too great, if you wish to send your own personal letter of support, we also encourage you to do so as well.

Please feel free to circulate this email to those who may not be included in our list of email addresses and thank you for your assistance.

You're welcome!

Alas, it appears the submission deadline has passed (close of business yesterday). But if you'd like to submit your own letter of support, you can use the previously sent letter as a model. Check it out, after the jump.

Or at least his robes. A quick update on a recent Judge of the Day, from Robert Ambrogi over at Legal Blog Watch:

By all accounts, Robert Somma had been a top-notch U.S. bankruptcy judge since his appointment to the bench in 2004 and a top-notch bankruptcy practitioner for many years before that. The sense of many in the Boston area is that the 63-year-old's retirement Friday from his $158,000-a-year bench seat is a tragedy....

A footnote to this story is that a legal-blogger may have contributed to the judge's decision to resign.

No, not us! By the time we got to the story, it had been all over the news. Also, for the record, we fully support transvestism.

More after the jump.

There are reasons to read the New Hampshire Union Leader even after primary season is over. Check out this great article:

A Boston-based federal judge wore a black cocktail dress, fish-net stockings and high heels when police arrested him for drunk driving after he rear-ended a pickup truck last week, sources said.

U.S. Bankruptcy Court Judge Robert Somma, 63, struck a plea deal with the city Wednesday in which he pleaded no contest to a first-offense misdemeanor driving while intoxicated charge in Manchester District Court. In exchange, the judge agreed to pay $600 in fines and penalties and a 12-month license suspension....

The arresting officer made no mention of the judge's attire in the written report police provided to the media other than to note the judge "had a difficult time locating his license in his purse."

Two sources confirmed Somma was wearing a cocktail dress, women's hose and high heels when his Mercedes-Benz E320 sedan struck a pickup truck stopped at a red light on Elm Street about 11:29 p.m. on Feb. 6.

Whatever floats your boat, Your Honor. Judge not lest ye be judged.

Arrested judge wore dress, women's hosiery [New Hampshire Union Leader]

From the Smoking Gun:

Disgraced and disbarred, Mike Nifong is now bankrupt. The former North Carolina prosecutor, whose career imploded with his botched handling of the Duke University rape case, today filed for bankruptcy, listing liabilities in excess of $180 million. A summary schedule from Nifong's Chapter 7 petition can be found below. Almost all of that sum represents legal claims filed against the former Durham County district attorney by members of Duke's 2006 lacrosse team, including the three players who were accused of raping a stripper at a team party.

Included among Nifong's assets are a 2003 Honda Accord, about $9000 in personal property, and his $235,000 home. He lists nearly $5000 monthly in pension or retirement income and describes himself, charitably, as retired.

A sampling of reader comments from the WSJ Law Blog:

"I would have liked to have been his ‘credit counselor’… Now Mr. Nifong - I see you have $180 million in debt. Let’s go over ‘how to balance your checkbook’ chapter in your pamphlet…ahahah"

"Mr. Nifong can now talk to Simon & Schuster without any apprehension."

"I know that this question is immaterial, but what nationality is the name “Nifong”? I have asked several individuals and none of them had a clue."

"The name Nifong is of Scottish Ancestry and this member is a disgrace to that proud family."

Mike Nifong Bankrupt: Disgraced Duke prosecutor lists $180M in liabilities [The Smoking Gun]
Michael Nifong Files for Personal Bankruptcy [WSJ Law Blog]

So it looks like no bail for Stephen Yagman, the colorful and controversial civil rights lawyer who was convicted last year of tax evasion, bankruptcy fraud and money laundering. Yagman will start his three-year prison term later this month.

Yagman asked to remain free on bail while appealing his conviction (to the Ninth Circuit -- a court with which Yagman has a long and tortured history). But the district court denied his request.

Perhaps the court didn't want Yagman out and about, dropping $2,000 on shoes and $262 on dinner -- as he allegedly did just hours after filing for bankruptcy, as part of a scheme to avoid paying more than $200,000 in state and federal taxes.

High-profile LA lawyer denied bail [Associated Press]

Who says the associate bonus news has dried up? Check out the latest announcement to make its way to our inbox:

LAW OFFICES OF DAVID C. MCGRAIL
676A Ninth Avenue #211, New York, NY 10036
Ph: (646) 290-6496 Fax: (646) 224-8377

MEMORANDUM TO ALL U.S. ATTORNEYS

November 8, 2007

We are delighted to announce that the Firm will pay special bonuses to all U.S. attorneys, in the amounts set forth below.

Class of 2000: $60,003

The special bonuses will supplement the Firm’s normal year-end U.S. bonuses. In lieu of special and year-end bonuses, U.S. attorneys may opt for a 100% equity stake in the Firm.

It is our pleasure to work with such an extraordinarily talented, quick-witted, well-read, handsome, modest group of lawyers. Thanks to your hard work, 2007 has been the Firm’s best year ever. While our securitization, antitrust, environmental, mass tort, tax, trust and estates, and patent litigation practices remain nonexistent, our bankruptcy/restructuring and general corporate practices have flourished. Profits are up infinity percent from 2006. We look forward to seeing you all and celebrating this year’s successes at the holiday party at “Go Sushi” on 51st and 9th.

The Firm urges you not to circulate this memo to muckraking legal tabloids such as Above the Law. We recognize that our special bonuses exceed those offered by Cravath and others, and we don’t want to hurt their feelings.

Law Offices of David McGrail [official website]

Just like Justice Anthony Kennedy, Bankruptcy Judge Paul J. Kilburg (S.D. Iowa) does his own internet research. This is a lesson that Peter Cannon, Esq., learned the hard way.

From TaxProf Blog:

Mr. Peter Cannon, a West Des Moines, Iowa attorney, represented Defendant John Petit in an adversary proceeding initiated by Trustee to uncover assets of the Theodore Burghoff bankruptcy estate....

After reading both briefs filed by Mr. Cannon, and concluding that both contained an extraordinary amount of research, the Court directed Mr. Cannon to certify the author or authors of the two briefs. On December 22, 2006, Mr. Cannon certified that while he had prepared both briefs, he had "relied heavily" on an article written by others. The article upon which Mr. Cannon relied is Why Professionals Must Be Interested in "Disinterestedness" Under the Bankruptcy Code, May 2005, ("the Article") by William H. Schrag and Mark C. Haut, two attorneys of the New York office of Morgan, Lewis & Bockius LLP. The Court located this article on the internet. Mr. Cannon fails to acknowledge or cite this article in either brief.

To be sure, our job involves heavy use of ctrl-C and ctrl-V. But what Mr. Cannon did -- "seventeen of the nineteen total pages in the pre-hearing brief are verbatim excerpts from the Article" -- went a bit far.

You can find out how much Mr. Cannon charged his client for this plagiarism, and what happened to him next, over here (TaxProf Blog) and here (Volokh Conspiracy).

Judge Orders Attorney to Take Professional Responsibility Course [TaxProf Blog]
Attorney Sanctioned for Plagiarizing Article in His Brief [Volokh Conspiracy]
In re Burghoff [U.S. Bankruptcy Court for the Southern District of Iowa]

We have heard from the subjects of a couple of today's posts, and would like to post a couple of clarifications based on what they told us.

First, a source from Davis Polk wants to make it very clear that the marriage bonuses are not "bonuses" per se, but are instead gifts from the partnership, which always happen to be in the exact amount of $500.

Second, we stated in the Mayer Brown post that the firm had not commented on the examiner's report in the Refco case. We made that statement based on the fact that two online sources reporting on the case had reported that Mayer Brown had not commented at that time. The statement was not based on any specific request for comment from ATL. However, we now have received an official statement from Mayer Brown, and it is posted in its entirety after the jump.

Earlier: Does It Pay to Be Married In Biglaw?
Court-Appointed Examiner Blows The Whistle on Mayer Brown In Refco Case

This can't help the whole equity partner situation at Mayer Brown.

A court-appointed examiner in the Refco bankruptcy case has there are grounds to sue Mayer Brown for malpractice in the case. Ernst & Young and Weil might be on the hook too, but these are "close calls" according to the examiner (with the obvious implication that with Mayer Brown it is not a close call). This from a Reuters article on the report from the examiner, Joshua Hochberg:

Hochberg filed his report with the U.S. bankruptcy court in Manhattan. His recommendations could provide grounds for lawsuits by Refco creditors, many of whom received only a fraction of the amounts they claimed they were owed.

Hochberg is a partner at McKenna Long & Aldridge LLP in Washington, D.C. specializing in white-collar crime. He used to head the fraud unit of the U.S. Department of Justice.

Mayer Brown has not commented.

Earlier:
Mayer Brown Rowe & Maw-ling: Getting Too Far in Front of the Story?
Mayer Brown Rowe & Maw-ling: A Bit of Backstory

We have a ruling in the HappyMealGate case (prior coverage here, here, and here of Wiliam P. Smith, the McDermott Will & Emery partner who told Judge Laurel Myerson Isicoff that she was "a few French Fries short of a Happy Meal"). And it's surprisingly lenient.

Judge Isicoff basically gave Smith a stern talking to:

“There is no jurisdiction in the U.S. — including the district where Mr. Smith regularly practices — where the expression and tone Mr. Smith used on May 7 would fall in the bounds of acceptable behavior,” a solemn Isicoff said from the bench in front of a packed courtroom.

and ordered him to take an online professionalism course administered by the Florida Bar.

Smith brought McDermott chairman Harvey Freishtat with him to beg and plead for mercy from Isicoff. Apparently it worked.

Isicoff said she accepted the apologies of both Smith and McDermott Will & Emery chairman Harvey Freishtat, the head of the Chicago-based, 1,000-lawyer firm, who also appeared in front of her to beg her pardon.

Looks like the fry guy got off relatively easy, and we've all learned something: don't stoop to middle-school insults while arguing in front of a federal judge, especially if you're appearing pro hac vice.

Surely you all recall William P. Smith -- a partner at McDermott Will & Emery (Chicago), and head of its bankruptcy department -- who recently told a Miami bankruptcy judge, in open court, that she was "a few French Fries short of a Happy Meal." We broke the story here (with follow-up here).

The "Happy Meal" comment royally pissed off Judge Laurel Myerson Isicoff (and not 'cause she's a Burger King partisan). She benchslapped Bill Smith via an Order to Show Cause, directing the Fry Guy to explain why he shouldn't be suspended from practice in her court.

The firm has now filed a motion in response to the OSC. From the Daily Business Review:

Chicago attorney William P. Smith says he’s very, very, very sorry for telling U.S. Bankruptcy Judge Laurel Myerson Isicoff she was “a few French fries short of a Happy Meal” during a May 7 court hearing in Miami.

The chairman of McDermott Will & Emery, the Chicago-based firm whose bankruptcy practice Smith heads, is ready to prostrate himself before the judge as well.

According to a recent motion filed by the law firm, Harvey Freishtat, who heads the 1,000-lawyer firm, plans to fly to Miami for a hearing on Smith’s comment. The motion states Freishtat will personally express “on behalf of the entire firm, to this court, to the other lawyers in this case, and to the other honorable judges of this District Court, [his firm’s] sincere and deepest apology for the words used by Mr. Smith.”

And would Her Honor like a side of fries with that?

More discussion after the jump.

This news is a bit mystifying to us. From the Associated Press:

Jessica Cutler, the former Senate aide whose online sex diary landed her a book deal and a Playboy photo spread but got her kicked off Capitol Hill, has filed for bankruptcy....

Cutler has spent much of her time [recently] fending off a lawsuit by ex-boyfriend and fellow DeWine staffer Robert Steinbuch, who claims Cutler's blog publicly humiliated him. He is seeking more than $20 million in damages.

In court documents filed in the case Thursday, however, Cutler says she can't even pay her American Express bill, legal fees and student loans. She submitted to the judge a copy of a Chapter 7 bankruptcy petition filed in New York dated Wednesday.

The lawsuit is being closely watched by online privacy groups and bloggers because the case could help establish whether people who keep online diaries are obligated to protect the privacy of the people they interact with offline.

Our advice to Jessica: retain William P. Smith to represent you in bankruptcy court. You can pay his fees in "Happy Meals."

On a more serious note: How did the Washingtonienne wind up in this financial predicament?

We're not so good with math, so please help us out. We run some numbers, after the jump.

Earlier this month, we wrote about how William P. Smith -- a partner at McDermott Will & Emery (Chicago), and head of its bankruptcy department -- landed himself in the deep-fat fryer. Smith unwisely told a bankruptcy judge, in open court, that she was "a few French Fries short of a Happy Meal."

Well, Judge Laurel Myerson Isicoff didn't respond so well to that colorful statement. She issued a sua sponte Order to Show Cause, directing William Smith (hereinafter "the Fry Guy") to explain why he shouldn't be suspended from practicing in her court.

Several tipsters have directed our attention to this delightful article, from the Daily Business Review, about the Fry Guy's "super-sized gaffe." It describes the fallout, for both Smith and McDermott Will & Emery, from L'Affaire Happy Meal -- and includes a shout-out to Above the Law.

Excerpts and discussion, after the jump.

Or even in chambers, for that matter. But open court is worse. From a tipster:

In a bankruptcy case here in the Southern District of Florida, William P. Smith -- a partner at McDermott Will & Emery (Chicago), and the head of its bankruptcy department -- actually told a judge she was "a few French Fries short of a Happy Meal."

Literally. In open court. Amazing.

Don't believe us? Check out the transcript:

In fairness to Bill Smith, please note that he let fly this insult "with respect." Nice touch, counsel.

Alas, Judge Isicoff didn't take kindly to a lawyer questioning the completeness of her "Happy Meal."

Find out how she responded, after the jump.

In yesterday's post about Cravath, Swaine & Moore starting up a bankruptcy department, to be launched by lateral hire Richard Levin (from Skadden), we wrote:

Cravath isn't big on lateral hiring. When they hired tax lawyer Andrew Needham away from Willkie Farr & Gallagher in 2005, he was their first lateral partner in more than six decades (per Wikipedia).

Nor has Cravath been into bankruptcy work. Even though many other white-shoe firms have entered that historically "icky" practice area, CSM has stayed on the sidelines.

The statement that Cravath has avoided bankruptcy work was in error. From a knowledgeable tipster:

I want to correct your assertion that Cravath has traditionally stayed away from bankruptcy. Cravath historically has been very involved with bankruptcy and insolvency -- Paul Cravath himself was the leading railroad insolvency lawyer of his generation, helping JPMorgan and the like swindle railroad bondholders out of billions.

For the bankruptcy geeks among you, our source schools us further, after the jump.

Cravath isn't big on lateral hiring. When they hired tax lawyer Andrew Needham away from Willkie Farr & Gallagher in 2005, he was their first lateral partner in more than six decades (per Wikipedia).

Nor has Cravath been into bankruptcy work. Even though many other white-shoe firms have entered that historically "icky" practice area, CSM has stayed on the sidelines.

Update/Correction: Actually, Cravath's relationship with bankruptcy practice is a bit more complicated. And that last paragraph may be somewhat misleading. Click here for more.

At long last, Cravath is starting up a bankruptcy practice. And it's bringing in a heavy hitter to get things up and running.

From a Cravath press release (just sent around the firm by email):

Cravath, Swaine & Moore LLP has announced that Richard Levin (at right), one of the authors of the 1978 U.S. Bankruptcy Code, will join the Firm as a Partner on July 1, 2007 to head its newly established restructuring and insolvency practice.

Mr. Levin joins Cravath from Skadden, Arps, Slate, Meagher & Flom LLP, where he was a partner in that firm’s corporate restructuring department.

So Cravath is moving into bankruptcy work. Is this a bad sign for the U.S. economy -- the Biglaw equivalent of, say, rising home foreclosures?

Update: Perhaps. Some thoughts on the subject are now up at the WSJ Law Blog. DealBook also has this post.

The complete Cravath memo, after the jump.

We reported on the rumors last week -- and now the news is official. From the New York Law Journal:

Just as Weil, Gotshal & Manges welcomes back legendary bankruptcy partner Harvey Miller, the firm is saying goodbye to four other restructuring stars who are leaving to join a rival firm.

Cadwalader, Wickersham & Taft is set to announce today that it has recruited George A. Davis, Deryck A. Palmer, John J. Rapisardi and Andrew M. Troop as partners in New York. The move, involving four of Weil Gotshal's most prominent bankruptcy partners apart from Miller and practice co-heads Martin Bienenstock and Marcia Goldstein, points to a major realignment among elite bankruptcy practices.

In our post from last week, we had all of the names except for Troop.

Our tipster chalked up the move to the departing partners' desire "to swim in Bob Link's shark tank and make the big $$$." The NYLJ piece seems to confirm that:

[Deryck Palmer] praised Cadwalader's famously performance-driven culture, where top partners are rewarded handsomely and weaker ones are winnowed out.

"Cadwalader provides an environment where every lawyer can achieve their potential," said Palmer.

And their dream of a house in the Hamptons, too.

Earlier: Musical Chairs: Weil Gotshal -- In With the Old, Out With the New?

This morning brings some big news in the world of bankruptcy law. From the WSJ Law Blog:

You can go home again, especially if you’re Harvey Miller (at right). The legendary bankruptcy lawyer is expected to rejoin to Weil Gotshal, whose partners are scheduled to vote on his return tomorrow.

“I would be delighted to have Harvey back, but it’s premature at this stage to comment on his rejoining the firm until the partnership votes on the issue,” says Stephen Dannhauser, firm chair.

Before decamping to investment bank Greenhill & Co. in 2002, Miller had spent the previous 33 years at Weil, building its bankruptcy department into one of the most prominent debtor-side practices in the country.

And from a little bird (so consider this to be nothing more than rumor at this point):

It appears four bankruptcy partners are leaving Weil and moving to Cadwalader (apparently to swim in Bob Link's shark tank and make the big $$$). Partners include Deryck Palmer, John Rapisardi, and George A. Davis.

Could the return of Harvey Miller to Weil be related to the (rumored) departures of these younger partners?

We are following up on this rumor and will let you know what we find out.

Update: Harvey Miller's return to Weil is official. The WGM press release is available here. A longer version of the release, which was circulated by email at Weil, appears after the jump.

Bankruptcy King Harvey Miller Expected to Rejoin Weil [WSJ Law Blog]