Even though these individuals had the title of partner, they were not partners in the true sense and therefore are not subject to partner clawback claims. They shared in the downside, but they didn’t share in the upside.
* Dewey know why this failed firm’s bankruptcy team is cutting special deals with the former D&Lers who worked on the sale of the Dodgers? Like all things Biglaw, it all circles back to money. [WSJ Law Blog]
* What in William Baer’s past might lead the Senate Judiciary Committee to hold a closed meeting on his candidacy to lead the DOJ’s Antitrust Division? [Blog of Legal Times]
* In a heartwarming pro bono project, Proskauer Rose will be representing NYC in its attempts to evict an elderly newsstand operator from his kiosk in Greenwich Village. It really brings a tear to your eye, doesn’t it? [New York Post]
* Jerry Sandusky will be sentenced on October 9, and prosecutors are asking that he be classified as a sexually violent predator. Boy, that’ll be a fun title to have while he’s in jail for the rest of his life. [Bloomberg]
* “[A]t present, the large majority of law graduates — perhaps 80 percent — end up worse off after going to law school that they were before they enrolled.” Paul Campos is so cheerful in his book. [National Law Journal]
* Come on, people, Dewey really think that it’s fair that these proposed partnership clawback settlements blame only us for the firm’s implosion? The Steves and ex-CFO Joel Sanders don’t think so. [Bloomberg]
* “[E]ven if partners’ capital contributions were used to repay Dewey’s indebtedness—so what?” Well, that’s certainly one way to defend a suit alleging Citibank’s participation in a Ponzi-like scheme. [Am Law Daily]
* A $280K bonus sure seems nice, but do all Supreme Court clerks choose life in Biglaw once they’ve completed their stints at the high court? As it turns out, the answer is no — some view the money as “golden handcuffs.” [Wall Street Journal]
* Because nobody can ogle these crown jewels except Prince William: the royals’ potential suit against Closer magazine over topless pics of Kate Middleton has turned into full-blown privacy proceeding. [New York Times]
* If you’re struggling in law school, it may be wise to take some advice from those who’ve been there before you, like SullCrom’s Rodge Cohen, or the Ninth Circuit’s Chief Judge Alex Kozinski. [National Law Journal]
* Good news, everyone! According to Citi’s Managing Partner Confidence Index survey, firm leaders are feeling pessimistic about their business due to an overall lack of confidence in the economy. [Am Law Daily]
* Per the Ninth Circuit, an Idaho statute that essentially criminalizes medication-induced abortions imposes an undue burden on a woman’s ability to terminate her pregnancy. Really? You don’t say. [Bloomberg]
* Kiwi Camara’s circuitous route to SCOTUS: thanks to the Eighth Circuit, Jammie Thomas-Rasset started and ended her journey with $222K damages for copyright infringement. [Thomson Reuters News & Insight]
* Was Barack Obama ever offered a tenured position on the faculty at University of Chicago Law School? Absolutely not, says longtime law professor Richard Epstein — and he was never a “constitutional law professor” either. [Daily Caller]
* “Fashion law is a real career choice,” says Gibson Dunn partner Lois Herzeca. This niche practice area is one of the hottest new trends in the fashion world, and it’s not likely to go out of style any time soon. [Reuters]
* Your clawback suit is a wonderland? John Mayer was named as a defendant in a suit filed by trustees seeking to recover money paid out by Ponzi schemer Darren Berg. [Bankruptcy Beat / Wall Street Journal]
* J. Christopher Stevens, UC Hastings Law grad and U.S. Ambassador to Libya, RIP. [CNN]
After going through this week’s entries for Comment of the Week, it seems that many of our commenters really want an Above the Law T-shirt. There was some stiff competition (what up, Richard Brosner?), but in the end, we decided to address a topic that’s germane to anyone who has taken out a loan to attend law school.
Over Labor Day weekend, the New York Times had an interesting article about the apparent “ease” with which one can get student loan debt discharged through bankruptcy. And by “ease,” we mean that there’s a whopping 39% chance that you’ll receive a full or partial discharge, but only if you can show that you’re a lost cause to society without any semblance of dignity or hope for the future. Easy, right?
Well, actually, yeah. Because when you’ve got six figures of law school loan debt hanging over your head for a degree that you thought was going to be marketable and you’ve resigned yourself to a job as a sandwich artist at Subway just to make a buck, you’re going to lose hope pretty quickly.
And that’s exactly why our Comment of the Week was just so damn appropriate….
Aww… it’s like a Biglaw version of a sports movie. Firm makes a lawyer softball team. Firm dissolves in an embarrassing mess. Softball team plays on, overcoming hardships to win.
Apparently, that storyline is really happening for the Dewey & LeBoeuf softball team. The scrappy outfit made up of former Dewey lawyers who have been scattered to the wind went 10 – 1 in the Lawyers Coed Softball League.
How did they do it? Do they have a lot of ringers and/or the highest percentage of UVA Law graduates? Maybe they’re just really pissed off that their firm went under?
Our favorite lawyers in Las Vegas are at it again. You may recall last winter when we presented you with one of the most fantastically horrible legal commercials ever, involving exploding animated ham, a guy in a Cosby sweater, and death metal.
Well, my good friends over at Hamilton Law have offered up not just another wacky commercial, but a series of ridiculous billboards advertising the services of the Sin City bankruptcy and personal injury firm.
This time around, we get more awesome porcine puns, cheesy acting, and ugly sweaters. If there’s anything I can respect, it’s an undaunted commitment to crazy….
Isn’t Jewel v. Boxer a great case name? Doesn’t it sound like one of the classics of the 1L curriculum, right up there with Pierson v. Post, Hawkins v. McGee, and International Shoe?
It is definitely a case that lawyers ought to know. This appellate decision, handed down by a California court in 1984, remains the leading case on how to divvy up attorneys’ fees generated by cases that were still in progress at the time of a law firm’s dissolution. Dewey care about this case? Absolutely.
But Jewel might not maintain its status as the key precedent on so-called “unfinished business,” at least if one judge has anything to say about it. Check out an interesting ruling that just came down from the Southern District of New York, arising out of one of the biggest Biglaw bankruptcies of recent years….
I’ve said countless times that discharging student debts through bankruptcy is nearly impossible because you must make a showing of “undue hardship.”
Showing undue hardship is a very high bar, and it takes a very long time. Prospective law students don’t really understand the difference between student loan debt and something like credit card debt until it’s way too late. And even when it’s too late, most people (and many lawyers) feel that it’s not even worth trying to convince a bankruptcy judge that a person holding a J.D. has the “certainty of hopelessness” required to get student debts discharged.
But an article this weekend in the New York Times suggested that more people should give “undue hardship” a whirl. Sure, the guy the Times chose to feature is freaking blind, but even absent a physical disability, the article suggests that undue hardship might be a real possibility for most people.
Hey, it doesn’t hurt to try. At least, it hurts less than the likely plan B of stabbing out your own eyes….
Ed. note: Due to the Labor Day holiday, we’ll be on a reduced publication schedule today. We’ll be back to normal tomorrow. A restful and happy Labor Day to all!
* The lone ex-Dewey partner who was sued by Citibank for defaulting on his capital loan is fighting back, claiming that he was “fraudulently induced” into signing up for the plan even though the bank knew that the S.S. D&L was sinking. [Reuters]
* If you’re trying to avoid additional questions being raised about your alleged bad behavior, a resignation amid scandal isn’t the way to do it. Suzanne Barr, the ICE official accused of running a federal “frat house,” has quit her job. [New York Daily News]
* A federal judge taught the members of the Louisiana Supreme court that the year 1994 did, in fact, occur before the year 1995. Justice Bernette Johnson will now ascend to the rank of chief justice. [Times-Picayune]
* Because we’re all a little hopeless these days: given the bleak realities of our economic situation, perhaps it’s finally time to change the standard for a discharge of student loan debt in bankruptcy. [New York Times]
* “The groups that attempt to rank schools are involved in a lot of hogwash.” Even if that’s the case, people are still going to care about the University of Illinois’s rankings nosedive after the Paul Pless to-do. [News-Gazette]
* Don’t be scared by the absurd tuition rates or the abysmal job prospects, because law school is still a great investment for African-Americans — and for law schools in search of diversity, too. [National Law Journal]
* “[T]hat a lawyer would take this kind of case is shocking.” Sadly, it’s not. Angelica Marie Cecora, the alleged escort who filed a $5M suit against Oscar de la Hoya, now has to pay all of his legal fees. [New York Post]
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
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