Bingham McCutchen

This Week In Layoffs: 10.04.09

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pink slip layoff notice Above the Law blog.jpgEd. note: Above the Law has teamed up with Law Shucks. Law Shucks has done excellent work translating all of the layoff news into user-friendly charts and graphs: the Layoff Tracker.
For a while there it would look like the first consecutive weeks without layoffs since this time last year (by our reckoning, you have to go back to the weeks ending October 9 and October 2, 2008). Alas, one firm did come through with staff layoffs, about which more after the jump.

As usual, we begin with the US macroeconomic picture, and as usual, it ain’t pretty. For the week, the S&P 500 was down about 2%. That was the second straight week of losses, and the DJIA had its biggest weekly decline in three months. 263,000 net jobs were lost in September and the unemployment rate rose to 9.8 percent, despite perhaps the technical end of the recession. As with the stock market, bad results are one thing, but results worse than expectations are another, and that was the case here. Consensus estimates were net losses of 175,000, so the actual results were way short. August’s revised numbers were slightly better than original reports, though.

The poor results are creating pessimism around when things will start to turn around:

[T]he report also buttressed fears that economic expansion would be weak and hesitant, with scarce paychecks and economic anxiety remaining prominent features of American life well into next year.

“This is a weak report,” said Stuart G. Hoffman, chief economist at PNC Financial Services Group in Pittsburgh. “The rate of job loss has tapered off, but we still haven’t reached the point where businesses are willing to hire.”

Could this create political difficulties for the president?

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Bingham’s Billing Battle
(Plus offer rate and real estate news.)

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Bingham logo.jpgAre billing disputes between law firms and their clients on the rise in the recession? We feel like we’ve seen a lot of them lately.
The most recent disagreement involves Bingham McCutchen. A Boston-area investment company, Tuckerbrook Alternative Investments, has sued Bingham, claiming it was overcharged for legal services provided in connection with preparing an SEC registration statement.
The case isn’t that exciting — it seems like a garden-variety fee dispute — but this aspect struck us as interesting. From Massachusetts Lawyers Weekly (subscription):

The Sept. 16 complaint accuses Bingham of stacking the case with young associates who had “inadequate” experience. “The billing statements reflect that these junior lawyers in essence were enjoying the benefits of on-the-job-training at Tuckerbrook’s expense,” the complaint states.

So the allegation is that young lawyers were being trained on the client’s dime. But is that an indictment of Bingham McCutchen, or of the billable hour?
Grumpy in-house lawyers regularly complain about paying for the training of Biglaw’s junior associates. This is why some corporate counsel explicitly refuse to pay for first- and second-year associates (and provide for that in their retainer agreements; presumably Tuckerbrook could have done that here).
More news about Bingham, including its summer associate offer rate and its real estate needs in New York, after the jump.

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(Plus offer rate and real estate news.)”

Stepford Secretary Strikes Again

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Stepford Secretary Bingham McCutchen.JPGI’m sure you all remember the Stepford Secretary. She is the secretary that praised lawyers at her firm for their CHARACTER. She was fired, and then she lawyered up.
But the President’s speech on health care last night inspired her. Well, at least it inspired her to email Above the Law:

In his speech tonight the President made reference to the “character of our Country.” I chuckled and said “Watch it, Mr. President, using the word character got me fired.”
Tonight after sitting and watching the President’s address I thought it would be time to give you an update.
I went to [my firm] asking graciously for six months severance (approximately two weeks salary for each of my ten years there). The firm’s decision to terminate me for an attempt (albeit, poor judgment) at giving certain props to colleagues was not persecution enough. They denied my request (shocking) and offered a twisted view of both me and the reasons for my termination. Sadly, there is no hope of taking these well educated, uncouth individuals to Court. I just do not have the bank roll or emotional tolerance for the extended crap they will surely put me through. I know that my original statement came from a place of despair. For now, there is just a file containing numerous accounts of misconduct on the part of the company, and the facade continues.
Stepford

You lie!
Seriously though, emotional bankroll is something that a lot of people are losing during the recession.
Earlier: Stepford Secretary Responds to Above the Law
Stepford Secretary Lawyers Up
Bingham McCutchen’s ‘Stepford Secretary’ Has Left The Building

Fall Recruiting Open Thread: Vault 51 – 60 (2010)

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comparing.jpgWe’re now into the back half of the brand new Vault law firm rankings. Just like last year, we worry about a proliferation of “TTT” accusations in the comment threads. But such terms of art can miss the positives of many of the firms in this section of the Vault rankings. Here’s the list:

51. Fulbright & Jaworski
52. Wilson Sonsini Goodrich & Rosati
53. Morgan Lewis & Bockius
54. McDermott Will & Emery
55. Alston & Bird
56. Bingham McCutchen
57. Fish & Richardson
58. Dechert
59. Greenberg Traurig
60. Cadwalader Wickersham & Taft

We have already extensively talked about the Morgan Lewis situation. Let’s move on to other firms after the jump.

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Bingham McCutchen Takes Erin Andrews Mega-case

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Bingham logo.jpgWe already mentioned the Erin Andrews situation this morning. The ESPN anchor was spied on through a peephole at a hotel. Andrews is considering her actions, and she has retained counsel. Bingham McCutchen will be taking on this high-profile case.
Here is the statement from Bingham’s Marshall B. Grossman:

While alone in the privacy of her hotel room, Erin Andrews was surreptitiously videotaped without her knowledge or consent. She was the victim of a crime and is taking action to protect herself and help ensure that others are not similarly violated in the future. Although the perpetrator or perpetrators of this criminal act have not yet been identified, when they are identified she intends to bring both civil and criminal charges against them and against anyone who has published the material. We request respect of Erin’s privacy at this time, while she and her representatives are working with the authorities.

One of these days, the people who snap this kind of footage and the publishers who make it available are going to get smacked down, hard.

Much Better Than Document Review: Bingham Associate Testifies Before Congress

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Jason Pinney Jason S Pinney Bingham McCutchen.jpgWe like to highlight examples of Biglaw associates who get to do especially interesting or high-profile work. E.g., Lindsay Harrison, the Jenner & Block associate who argued a case — and won — before the U.S. Supreme Court.
Most lawyers tuned in to Congress yesterday were listening to Judge Sonia Sotomayor’s confirmation hearings (even if day 4 was less than thrilling). But over on the House side, one young lawyer was talking rather than listening. Jason Pinney (pictured), a (rather handsome) sixth-year associate at Bingham McCutchen, got to testify before lawmakers.
Pinney addressed the House Committee on Foreign Affairs, specifically, the Subcommittee on International Organization, Human Rights and Oversight. He spoke about his work as part of a Bingham legal team representing a group of Uighurs detained at Guantanamo Bay. The Bingham lawyers obtained the release of two Uighurs in 2006 and four more Uighurs last month.
(As explained by the AP, “[t]he Uighurs, a Turkic minority from China’s far west, were sent to the U.S. facility in Cuba after their capture in Afghanistan and Pakistan in 2001. The Pentagon determined last year that they were not enemy combatants.” Oops!)
Congrats to the Bingham lawyers on their successful representation of their clients — and to Pinney on his congressional testimony. To download a copy of the testimony, click here.
Today in Congress: July 16, 2009 [Washington Post]
Lawmakers want investigation into Uighurs at Gitmo [AP]
Jason S. Pinney [Bingham McCutchen]
Pinney Testimony [PDF]

Law Firm Merger Mania: Bingham McCutchen Acquires McKee Nelson

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Bingham logo.jpgBingham McCutchen has found a way to expand during the recession. Just weeks after losing 11 lawyers (5 partners and 6 associates) to Morgan Lewis, Bingham McCutchen has acquired McKee Nelson. The American Lawyer reports:

After enduring a rough few years caused by the collapse of the structured finance market, the elite specialty firm of McKee Nelson has agreed to be acquired by the larger Bingham McCutchen.
Partners at both firms were informed Monday morning of the merger, which is scheduled to take effect August 1. The combined firm will be called Bingham McCutchen, and will include all of McKee Nelson’s lawyers.

No word on whether the McKee attorneys have the CHARACTER to become Bingham attorneys. But the merger looks good on paper:

McKee Nelson, which is known as one of the pre-eminent firms for tax planning and tax litigation, was viewed by Bingham as an attractive addition. “It’s really rare to find a firm that is this size that has three market-leading practices,” says Bingham chairman Jay Zimmerman, referring to McKee’s expertise in tax, financial institution litigation, and capital markets-structured finance. Structured finance might be moribund now, but Zimmerman sees it as an area worth investing in. “It will be part of our longterm strategy for serving the financial institution industry.”

How does this work on the McKee side of the ledger? We check in after the jump.

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Roofiegate Returns: Suffolk Superior Court, Here We Come

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date rape drug.jpgThe Moor is back — and we’re not talking Othello. From Massachusetts Lawyers Weekly:

Three months after the Massachusetts Commission Against Discrimination dismissed her complaint, a former Bingham McCutchen associate has fired back with a gender-discrimination suit against the Boston firm she left in 2008.

In a highly charged complaint filed in Suffolk Superior Court on June 23, Michelle A. Moor, who now works at Kotin, Crabtree & Strong, alleges that she was involuntarily drugged with a “roofie” during a Dec. 14, 2007, firm-sponsored holiday party….

In a written statement, Bingham’s senior communications manager, Claire Papanastasiou, said the firm acted sensitively, responsibly and fairly at all times.

“We are disappointed that [Moor] persists in pursuing baseless claims against the firm, particularly in light of the [MCAD's] April 9 dismissal of her complaint for lack of probable cause,” she wrote.

Will Moor v. Bingham McCutchen LLP provide endless entertainment, a la Charney v. Sullivan & Cromwell? Or will it fizzle out fast, a la Young v. Covington & Burling? Stay tuned.
Former Bingham associate files Superior Court suit against firm [Massachusetts Lawyers Weekly]
Moor v. Bingham McCutchen LLP [PDF]
Earlier: Roofiegate Resolved: Bingham Prevails, Complaint Dismissed

Musical Chairs: Morgan Lewis Expands Banking Practice in Boston

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Morgan Lewis.JPGWait, there are people out there who want banking lawyers? Really? This is excellent news!
Morgan Lewis & Bockius announced today that it has acquired eleven people: five partners and six associates, from Bingham McCutchen’s Boston office. But the real shocker is that all of the lawyers are from Bingham’s Banking and Leveraged Finance Group:

Morgan Lewis today announced the addition of five partners and six associates from Bingham McCutchen’s Banking and Leveraged Finance Group–including a former co-chair of the practice–to its Business and Finance Practice, resident in the firm’s Boston office. Partners Robert A.J. Barry, Jonathan K. Bernstein, Sula R. Fiszman, Matthew F. Furlong, and Sandra J. Vrejan, will focus their practice on corporate finance, as well as restructuring. Their experience across a broad range of industries–including retail, manufacturing, food and beverage, energy, media, communications and sports–add to the depth of knowledge Morgan Lewis offers clients as they face today’s rapidly changing economic conditions. In addition, their arrival significantly increases the firm’s presence in Boston.

Isn’t it great to live in a world where law firms need corporate finance lawyers?

“Particularly in light of the difficult credit markets faced by both our lender and borrower clients, there is an ever-increasing need for us to be able to provide additional top-flight financing expertise across a multitude of industries” said Firm Chair Francis M. Milone. “This expansion reflects our continued commitment to providing clients with the kind of counsel they need to execute credit transactions in any business environment.”

It seems right to focus on “any” business environment, considering that the politicians seem to be making it up as they go along.
A statement from Bingham and the the Morgan Lewis press release after the jump.

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Stepford Secretary Responds to Above the Law

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Stepford Secretary Bingham McCutchen.JPGThe Bingham McCutchen “Stepford Secretary” has decided to speak out about her termination from Bingham and her decision to hire a lawyer.
In an email she sent to Above the Law, the Stepford Secretary describes her firm wide CHARACTER email as “totally harmless.” She also describes the way in which she was fired from Bingham:

I panicked prior to my termination. Bingham disconnected my computer, took my identification and escorted me out of the building.

She also explains why she hired a lawyer:

Why a possible lawsuit? Bingham terminated me for violation of policy. There is no written policy regarding NOT being able to send mass internal emails. It says to use discretion. I’m sure that policy has been or will quickly be updated.

Stepford claims that she always intended her email to be an internal communication with in the firm. She writes that she didn’t even know Above the Law existed before she sent her email.
She does now.
Read her full email after the jump. She has requested that we maintain her anonymity to the general public.

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Stepford Secretary Lawyers Up

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Stepford Secretary Bingham McCutchen.JPGWe’ve been following the trials and tribulations of the former Bingham McCutchen “Stepford Secretary” who sent out a mission statement to the firm about CHARACTER. After the email, the secretary was fired by Bingham.
Now, she’s lawyered-up. No complaint has been filed, but we understand that the secretary has hired an attorney and is considering her options.
What possible claims could she have?
We understand that the Stepford Secretary was let go for violating the firm’s email policy, and insubordination. But she had been with the firm for over ten years. According to some of our sources, the Stepford secretary doesn’t see her email as “insubordinate,” because the email didn’t disparage the firm. As one tipster puts it:

Bingham never bothered to ask why she sent the email or what provoked the cry for help.

Spokespeople for Bingham McCutchen declined to comment about Stepford Secretary.
But we’ll ask the question: Why did she send the email and what provoked the cry for help?
We’ve been trying to get in touch with the Stepford secretary to hear her side of the melodrama. In case you are wondering, the best way to reach us is at tips@abovethelaw.com.
Earlier: Bingham McCutchen Staffer Doesn’t Want to be a ‘Stepford’ Secretary
Bingham McCutchen’s ‘Stepford Secretary’ Has Left The Building

Bingham McCutchen’s ‘Stepford Secretary’ Has Left The Building

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Bingham logo.jpgA couple of days ago, we brought you the story of a Bingham McCutchen secretary who believed that her firm had great “CHARACTER,” despite these tough economic times. She closed her remarks with this:

So, although I am grateful for my job and middle class life, I realize that living daily in fear and conforming to play a Stepford role will not ensure either. Besides, I value and respect too many of the people at Bingham. I’ll stick with good old CHARACTER.

As we — and many others — anticipated, that secretary is no longer employed at Bingham.
The firm would not comment about its internal decision, but multiple sources independently tell us that she has been let go. As we understand it, she was fired on Wednesday.
One of our commenters had this insightful response to the Stepford Secretary’s situation:

I think this and eekboy’s “rant” is a reflection of our times. Everyone thinks their opinion is important and should be heard. While I don’t doubt this secretary has a beef on her mind, I believe she and eekboy have no concept of boundaries. This is part of the facebook/twitter/blog phenomenon where everyone thinks they can say WHATEVER they want, WHENEVER they want, WHEREVER they want.
She should’ve sent that to close friends and peer colleagues. Sending it to the entire firm is just selfish and egotistical.

But it could be that the secretary had more to say.
Details after the jump.

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