* “Hindsight is always 20/20.” Perhaps AG Eric Holder should’ve quit when he was ahead after President Obama’s first term, because now White House insiders are wishing he’d step down. [New York Times]
* Dewey think Steven Davis will ever live down claims that he brought about the death of a once legendary law firm? No, but at least his $19.5 million mismanagement settlement was approved. [Am Law Daily]
* “What’s disgusting? Union busting? Who’s disgusting? Joe Genova.” Damn. This partner had some issues with Legal Services NYC lawyers on strike outside his office last week. [New York Law Journal]
* With all of the talk about patent trolls, this Morgan Lewis attorney allegedly thought it would be a good idea to get a piece of the action. Oopsie, it sounds like you got some splainin’ to do. [Ars Technica]
* LEAVE THOMAS JEFFERSON SCHOOL OF LAW ALONE! TJSL alumni appreciate their alma mater so much they’re willing to sign love letters written by the school’s PR flack. [WSJ Law Blog (sub. req.)]
* Widener Law is thinking of splitting its campuses into separately accredited schools, but this isn’t a cost-saving measure — neither were the buyout packages offered to professors. [Delaware Law Weekly]
* Alexis Wright, the Zumba instructor who ran a prostitution ring out of her dance studio, will ditch the workout and join the party in jail, because this hot mama was just sentenced to 10 months. [CNN]
Regular readers of this blog know that you cannot discharge student loan obligations through bankruptcy absent a showing of undue hardship. If you go broke borrowing money for expensive cars, houses, and monkeys/butlers, no problem, file for bankruptcy and start over. But if you go broke trying to better yourself through education, the government will make you beg and prove that you are sad and hopeless. Wonderful system we’ve got here.
We’ve also talked about how many people who might be eligible for undue hardship on their student debts don’t even try. The system is daunting and complicated, and I’ve argued that prostrating yourself in front of a bankruptcy court and letting them invade your life to the point of telling you how much you should be spending on your cell phone is not something that comes naturally to people with pride and dignity. This might be hard to understand for people who have never been in this situation, but I’d much rather be a “deadbeat” and have my wages garnished with the discretion on how I spend the rest than have some old judge tell me how much money I should be spending on breakfast.
When trying to get your debts discharged through bankruptcy, there seems to be no limit to what a judge can take into account to see if you are really desperate. But a recent Ninth Circuit opinion upholding a discharge by reversing the district court put one boundary on what a court can look at to determine if you’ve tried to pay your debts in “good faith.”
The court can’t look at your household and suggest that you pimp out your wife. So at least that’s something…
* Right about now, the Second Circuit is wondering why authors are suing Google and crying infringement over the Internet company’s e-book project, especially since digitization could benefit so many of them. [Thomson Reuters News & Insight]
* This is the end of an era of legal battles: Jeffrey Skilling, Enron’s former chief executive officer, is getting a little shaved off the top of his 24-year prison sentence thanks to a deal with the Department of Justice. He’ll be out in 2017. [CNBC]
* Biglaw expected to have a slow start in 2013, but no one expected it to be this slow. The latest Citi report wasn’t exactly encouraging; on average, firms saw a 0.2% increase in revenue during the first quarter. [Am Law Daily]
* In the past decade, the American Bar Association has created six task forces to explore changing the face of legal education as we know it. Funny… nothing’s really changed. [National Law Journal]
* Bail for Ariel Castro, the accused Cleveland kidnapper, has been set at $8 million. “Just think of how many ribs and salsa albums could be bought with that, bro,” said Charles Ramsey. [Chicago Tribune]
* Professor Alfred Brophy wonders if The Great Gatsby (affiliate link) provides an early preview of product placement. In any event, I’m willing to bet the new movie will provide a stellar latter day view of product placement. [The Faculty Lounge]
* Brooklyn Law School will begin offering a two-year JD program. This makes too much sense. [Brooklyn Law School]
* Former Dora the Explorer star rebuffed in effort to unwind settlement, in part over claims that she overpaid for her lawyer. He charged $755/hour plus a 37.5% “success fee.” [UPDATE: According to her former lawyer, the hourly rate was replaced by the contingency fee arrangement.] This is the sort of thing that happens if a monkey is your most trusted confidant. [Hollywood Reporter]
* Oreck files for bankruptcy. Not Orrick, Oreck. They make vacuum cleaners that suck. Figuratively. [USA Today]
* Urinating on police stations? Detroit sounds like such a charming place. [Legal Juice]
* If you don’t mind spoilers, here are the answers to all your Iron Man 3 legal queries. Not answered: why was the post-credits scene so lame? [Law and the Multiverse]
* While created for short-sighted criminal defendants, this applies equally to the hubris of civil defendants who are just SURE they’re going to win. [What the Public Defender?]
* Caroline Kennedy just paid up her lapsed bar admission. Just in time for a Senate confirmation hearing… you know if she were to get nominated for something. [WiseLawNY]
* “Is there a public interest in unwanted pregnancies … that can often result in abortions?” The judge who ordered that Plan B be made available to all women regardless of age is pissed at the DOJ. [The Caucus / New York Times]
* Mary Jo White, the littlest litigatrix, will “review” the Securities and Exchange Commission’s policy of allowing financial firms to settle civil suits without affirming or denying culpability, but for now, she’s defending it. [Reuters]
* Dewey know what this failed firm is supposed to pay its advisers for work done during the first nine months of its bankruptcy proceedings? We certainly do, and it’s quite the pretty penny. [Am Law Daily]
* In a round of musical chairs that started at Weil Gotshal, Cadwalader just lost the co-chairs of its bankruptcy practice and another bankruptcy partner to O’Melveny. [DealBook / New York Times]
* In a move that shocked absolutely no one, attorneys for Colorado movie theater shooting suspect James Holmes announced they will enter a plea of not guilty by reason of insanity for their client. [CNN]
* From the “hindsight is 20/20″ file: the judge who presided over the Casey Anthony trial thinks there was enough evidence to convict the ex-MILF. He also likened Jose Baez to a used car salesman. [AP]
* Check out Logan Beirne’s book (affiliate link). Even when sensationalizing George Washington’s rise from general to president, attention must be paid to the rule of law. [Wall Street Journal (sub. req.)]
* The justices of the Supreme Court gave a thumbs down to hearing a challenge to New York’s “de facto ban” on carrying guns in public, prompting members of the National Rifle Association to poop their pants. [New York Times]
* Now that Mary Jo White is the chief of the Securities and Exchange Commission, Debevoise has picked her successor to act as co-chair of the litigation department. Congratulations go out to Mary Beth Hogan. [DealBook / New York Times]
* In its latest court filings, Ropes & Gray explains why failing to give its “token black associate” a recommendation letter wasn’t an act of retaliation. That’ll surely be an interesting read. [Am Law Daily]
* A former client sues a major law firm, raising fraud, breach of fiduciary duty, and other claims. [Bailey & Glasser (press release and complaint)]
* Boston Biglaw firms — like Dechert, Edwards Wildman, and Foley & Lardner — were “really shaken” by yesterday’s blasts, but report that all employees are safe and accounted for. [National Law Journal]
* Six out of 10 of the 4,967 class of 2012 graduates from New York’s law schools were able to find full-time, long-term positions as lawyers nine months after graduation. Yay? [New York Law Journal]
* Secrets, secrets are no fun; secrets, secrets hurt… someone’s wallet. Sorry, Jamie McCourt, but all of the secret MLB documents concerning the Dodgers’ $2 billion sale will remain secret. [Bloomberg]
If you follow the world of large law firms, then you are probably familiar with the incisive and candid commentary of Steven J. Harper. Over at his blog, The Belly of the Beast, Harper offers excellent insights into the world of Biglaw.
Harper knows so much about that world because he spent his entire legal career in it. He joined Kirkland & Ellis after graduating from Harvard Law School in 1979. He practiced litigation at the firm for about 30 years, until his retirement in 2008, at the early age of 54 (which you can afford to do when you’re an equity partner at a firm as lucrative as K&E).
In addition to blogging, Harper has written four books. I spoke last week with Harper about his latest book, The Lawyer Bubble: A Profession in Crisis (affiliate link), and about his views on the worlds of Biglaw and legal education….
* President Obama apologized to Kamala Harris after referring to her as the “best-looking attorney general in the country.” We’re guessing the First Lady was none too pleased with her husband’s behavior. [New York Times]
* If you’re unemployed (or were the victim of a recent layoff), try to keep your head up, because there’s still hope for you. According to the Bureau of Labor Statistics, the legal sector added 2,000 jobs last month. [Am Law Daily]
* The 10 percent vacancy rate on the nation’s federal courts is unacceptable and the New York Times is ON IT. Perhaps D.C. Circuit hopeful Sri Srinivasan will have some luck at this week’s judicial confirmation hearing. [New York Times]
* Shine bright like A. Diamond: Howrey’s bankruptcy trustee is still trying to get “unfinished business” settlements from several Biglaw firms, but managed to secure funds from ALAS. [Capital Business / Washington Post]
* Contrary to what law deans tell you in the op-ed pages, if you want to work as a real lawyer, it actually matters where you go to law school. We’ll probably have more on this later today. [National Law Journal]
* Incest is best when kept in the family. So go ahead and adopt your girlfriend. [Lowering the Bar]
* “Your Honor, I’d like my dong stricken from the record.” [OC Weekly]
* A slick recap of how completely screwed the legal industry is right now, by Axiom Law (via Bruce MacEwen). [Adam Smith, Esq.]
* On a personal note, as a debate coach myself, congratulations to everyone involved with the Emporia State debate team for becoming the first team ever to win both national championship tournaments (by way of analogy the “U.S. Open” and “The Masters”) for the same year. [Associated Press]
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…