Bankruptcy

Say what? One of Above the Law’s favorite subjects, celebrity lawyer and author Elizabeth Wurtzel, got attacked by a penguin?

Yes — in a manner of speaking. Penguin Group, the publishing mega-house, recently sued the bestselling and critically acclaimed authoress, seeking the return of her advance money. Other prominent authors have been sued as well.

How much does the publisher want back from La Wurtzel? What are her possible defenses? And who are some of the other high-profile defendants being pursued by the angry Penguin?

double red triangle arrows Continue reading “Lawsuit of the Day: Penguin v. Wurtzel (and Other Authors)”

Last month, we provided you with detailed information about how much various former partners of Dewey & LeBoeuf earned in the last two years of the firm’s existence. We also reported on how much these partners were each being asked to pay into the “Partner Contribution Plan,” a global settlement that would provide these partners with releases from future Dewey-related liability.

At the time of that report, we didn’t know which partners decided to sign up for the PCP and which ones declined the offer. But now we do, thanks to a recent bankruptcy court filing by Dewey.

Dewey want to know the skinny? Of course we do….

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Behold the Monkey!

* Martin Bienenstock, Dewey’s former bankruptcy head, offered some free legal advice to the firm’s bankruptcy advisers: “[P]lease get real about the unfinished business claims.” [WSJ Law Blog]

* In other interesting Dewey news, you’re never going to guess what Steve DiCarmine’s been doing since the firm went under. He of the orange skin tone is making it work at Parsons. [Am Law Daily]

* Remember Kenechukwu Okoli, the guy who slapped a Paul Hastings partner in the face during a depo and then sued him for assault? Yup, that suit got dismissed. [Thomson Reuters News & Insight]

* NerdWallet has created an online law school comparison tool, but users will only get to choose from 50 schools, none of which are in the so-called U.S. News second tier. Guess they don’t think Cooley is the second-best school in the country. How rude. [Bucks / New York Times]

* Cecilia Gimenez, the woman from Spain who accidentally turned a fresco of Christ into a portrait of a monkey, is now seeking royalties from funds the church levied as entrance fees to see her “work of art.” [Telegraph]

* Bridget Mary McCormack, a candidate for Michigan’s Supreme Court, has a simple tip for putting together the best judicial campaign video ever: all you need to do is reunite the cast of The West Wing. Check it out….

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An ethical duty?

* Are you ready for some Supreme gossip? In remarks delivered at Colorado Law, Supreme Court Justice Ruth Bader Ginsburg predicted that the Defense of Marriage Act would be argued “toward the end of the current term.” [CBS News]

* Dewey’s version of trying to curry favor for the proposed $72M partner settlement? Filing a deposition transcript noting that others could’ve also been blamed for D&L’s downfall, but weren’t due to time constraints. Gee, thanks. [Am Law Daily]

* Novak Druce + Quigg and Connolly Bove Lodge & Hutz will merge to form Novak Druce Connolly Bove & Quigg, the 7th largest IP firm in the U.S. Guess seven name partners was a bit much. [Delaware Law Weekly]

* Michael McShane was nominated by President Obama to fill a judgeship in Oregon. If confirmed, he’d be one of the few openly gay judges on the federal bench, which, of course, would be fabulous. [Oregonian]

* The Institute for Inclusion in the Legal Profession wants the ABA to amend the Model Rules of Professional Conduct to include a duty to promote diversity. Because we clearly need a rule on that. [National Law Journal]

* Cindy Garcia, an actress from “Innocence of Muslims,” is suing, claiming that she was duped into the role under false pretenses. She wants the film removed from YouTube. Everyone else does, too, lady. [Bloomberg]

* A judge refused to issue an injunction against the California ban on foie gras, instead allowing a suit on the same topic to move forward. Oh mon dieu, judge, think of all the poor Francophiles! [San Francisco Chronicle]

* Joshua Morse III, former dean of Mississippi Law who defied segregation, RIP. [New York Times]

Cecily A. Dumas

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.

Cecily Dumas, a partner at Dumas & Clark, commenting on claims made by a group of former non-equity partners at Howrey whom she now represents in the defunct firm’s bankruptcy proceedings.

(Want to see the list of ex-Howrey non-equity partners that are bringing forth these claims? Let’s take a look….)

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William Baer

* “We’re all from the Ivy League. That seems to be more relevant than what faith we are.” SCOTUS Justice Clarence Thomas really knows how to make Article III Groupie’s heart sing. [New York Times]

* 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]

Kate Middleton

* 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]

Excited about fashion law?

* 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….

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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?

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