If you’ve been following along with the trend towards outsourcing over the past few years, you know what American lawyers are up against. Indian lawyers can do American legal work… while American attorneys are shut out of India’s (large and growing) legal market.
As many of you know, President Obama recently fledtraveled to India, and ABA president Stephen N. Zack is begging Obama to use his international goodwill to convince India to stop acting like dicks in an exclusionary fashion with respect to American lawyers and law firms.
Zack’s arguments are simple ones, based on sound business practices, free trade, and fundamental fairness. Yet these arguments haven’t worked on Indian legal authorities, and apparently Obama isn’t any more receptive…
The Verrazano Bridge to Staten Island -- the orignal "bridge to nowhere."
Don’t you hate it when rich people try to welsh on a bet? British billionaire Alki David dared somebody to streak — that means “running while naked and probably drunk,” if you’ve never been to college — in front of President Obama. Alki said he’d give the person who streaked in front of the president, with the name of Alki’s website emblazoned on his or her body, the tidy sum of $1 million.
Somebody from Staten Island (why am I not surprised) performed the feat (or substantially attempted to perform the feat) during an Obama event in Pennsylvania. Now Alki is considering hiding behind the law to avoid payment.
This must be how rich people get rich: make outlandish promises, then use fancy law talk to avoid payment…
Yesterday President Obama held a town hall meeting with those affected by the terrible economy. But the New York Times reports that the televised meeting “turned into a therapy session for disillusioned Obama supporters.”
A lawyer was among the disillusioned. Thanks to his question, Obama is now on notice that student debt is crushing the hope and change out of many people in this country. Here’s the Washington Post’s summary:
Then a 30-year-old law school graduate said he’s no longer able to make the interest payments on his educational loans, much less able to have a mortgage or a family. He said he had been inspired by Obama’s campaign. But now, “that inspiration is dying away,” he said. “I really want to know: Is the American dream dead?
If Bill Clinton had been asked that question, he would have said “I feel your pain,” molested the questioner, and said “I will not, let, student debt continue to bang you in the ass.”
So what did President Obama say to the debt-laden lawyer?
Not many people are happy about the massive BP oil spill in the Gulf of Mexico — with the possible exceptions of (1) Elena Kagan, whose confirmation to the Supreme Court is all but guaranteed (since everyone’s too distracted to oppose her); (2) the lawyers who are getting work out of this disaster (as discussed below); and (3) whoever is behind the fake BP Twitter account, which currently has over 167,000 followers.
But today brings some news that might make some people a little less angry at BP. Even though the government probably couldn’t have forced the oil giant to set up a $20 billion fund to pay oil spill claims, for the reasons explained by Professor David Zaring, BP is setting up such a fund voluntarily. The New York Times reports:
The White House and BP agreed on Wednesday that the oil giant would create an independent $20 billion fund to pay claims arising from the worst oil spill in American history.
Bowing to pressure from the Obama administration, the company also said it would suspend paying dividends to its shareholders for the rest of the year and would compensate oil field workers for lost wages.
There are actually several legal angles to the BP drama. For example, who will administer this massive fund? And which firms are getting a piece of all the defense-side action?
Everywhere you go, people are buzzing that President Barack Obama has made his choice on the replacement for Justice John Paul Stevens. And the consensus is that the nominee will be Solicitor General Elena Kagan. Politico reports that David, Kash and I will be up late on Sunday:
Look for President Obama to name his Supreme Court pick Monday, and look for it to be Solicitor General Elena Kagan, a former Harvard Law dean. The pick isn’t official, but top White House aides will be shocked if it’s otherwise… The West Wing may leak the pick to AP’s Ben Feller on the later side Sunday, then confirm it for others for morning editions. For now, aides say POTUS hasn’t decided, to their knowledge.
With all the talk about the razor-sharp Judge Diane Wood, the case for the bearded dark-horse Judge Sidney Thomas, and the Republican wet dream (at least, a wet dream within the nightmare of Democratic control) of Judge Merrick Garland, it’s possible that Kagan’s sterling qualifications have been overlooked. She was the front runner, after all.
But let’s remember all of the excellent reasons Kagan was the front runner in the first place…
Now that President Obama has interviewed the four finalists for the U.S. Supreme Court seat he has to fill — Judge Merrick Garland (D.C. Cir.), Solicitor General Elena Kagan, Judge Sidney Thomas (9th Cir.), and Judge Diane Wood (7th Cir) — the nominee could be announced any day now. Who will it be?
We realize that the betting men (and women) favor Solicitor General Elena Kagan. Kagan is also the pick of Tom Goldstein, the veteran Supreme Court litigator and founder of SCOTUSblog, who correctly forecast the nomination of Sonia Sotomayor (a nomination that the White House sought his counsel on).
But we’re going to go out on a limb and make a crazy prediction: President Obama is going to nominate Judge Diane Wood, of the Seventh Circuit, to the Supreme Court. He’ll announce the nomination on Monday, May 10 — the Monday after Mother’s Day. (That’s significant, for reasons we’ll get to later.)
Televise this chief justice and this president on stage at the Kennedy Center for three hours talking about the role of government and the future of our polity. This historic clash of intellectual titans would be the most powerful civics lesson since the Federalist Papers, and we could sure use it.
Justice Barack Hussein Obama? No, that’s not a joke. Professor Jeffrey Rosen makes a serious case for President Obama to become Justice Obama, in the Washington Post:
Though Obama has struggled to find his footing in the White House, his education, temperament and experience make him ideally suited to lead the liberal wing of the court, especially at a time when a narrow conservative majority seems increasingly intent on challenging progressive economic reforms for the first time since the New Deal. Obama is clearly eager to take on the four truly conservative justices — Samuel Alito, John Roberts, Antonin Scalia and Clarence Thomas — as his State of the Union smackdown suggests. But as president, he’s constrained by that pesky separation of powers. So what better way to engage the fight than to join the bench?
History offers examples of other executives who have moved over to the judicial branch. E.g., William Howard Taft, who served as chief justice after serving as president; Earl Warren, who served as chief justice after serving as California governor.
But in Obama’s case, how exactly would this happen?
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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 seven years. You can reach them by email: firstname.lastname@example.org.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.