In late October, we received this question from a federal clerk:

To date, I've seen at least six posts in a series ATL has been doing about firms rescinding unaccepted summer associate offers to 2L's due to oversubscription of the summer class. I would be interested to know ... whether firms are actually, or at least contemplating, rescinding unaccepted offers for full-time associate positions that were being held open for former summer associates that are doing judicial clerkships this year? ... I have an offer from a biglaw firm and was assured (albeit almost one year ago) that my offer would be held open until I had completed my clerkship and could formally accept ... Needless to say, I am getting more than a bit nervous about whether my job will still be waiting for me come September '09.

At the time, we told the questioner that we hadn't heard anything like that from any major law firm during this recruiting cycle. Nobody's going to rescind offers to clerks!

We thought.

We hoped.

Yesterday, we had a couple of interesting conversations with some people at Wiley Rein. We now believe that the chair of Wiley Rein's recruiting committee placed a number of phone calls over the weekend to current judicial clerks. The recruiting coordinator was careful to say that Wiley was not "rescinding" offers, but that the clerks should seriously consider looking at other options for full-time employment when their clerkships are up.

More details after the jump.

We've reported that firms with "oversubscribed" summer classes are calling up 2Ls and encouraging them to not accept their 2009 summer associate offers. Unlike Akin Gump's move, the tactic is a clever dodge around the NALP guidelines. As we understand it, firms are not committing these "cold offers" to email, instead using the telephone and avoiding a paper trail.

Career services departments are trying to cope with this new law firm tactic. Some Michigan students received this email from their career services dean:

Hi. It is my understanding that you have an offer from White and Case in New York. After talking to contacts in the New York legal market, it appears that White and Case may have over-hired for next summer and has a particularly large class. Therefore, it may be in your best interest to take another offer if you have one.

According to the WSJ Law Blog, White & Case claims ignorance over why Michigan would send out this email:

A spokesman for White & Case told the Law Blog: "We don't know, honestly, why a law school career services office would send out these letters. No on has talked to us about the situation, and we've certainly not encouraged anyone to send out letters to students."

Notice how White & Case did not say "we intend to honor every summer associate offer we've made."

We have been consistently encouraging 2Ls to accept their offers sooner rather than later. Many career services departments have echoed that advice. White & Case joins Proskauer as one of the firm that has been "outed" as telling people that they should look elsewhere for offers, but we suspect that many firms are doing this.

After the jump, speculation about other firms.