Or, if you prefer, a ruling on marriage equality. We knew this ruling was coming because the Ninth Circuit kindly informed us in advance that its opinion would be issued today: “The Court anticipates filing an opinion tomorrow (Tuesday, February 7) by 10:00 a.m. in Perry v. Brown, case numbers 10-16696 and 11-16577, regarding the constitutionality of Proposition 8 and the denial of a motion to vacate the lower court judgement in the case.”
The Ninth Circuit’s practice of providing advance notice of certain opinion filings is very helpful to those who cover the court. It would be nice if other circuit courts followed the Ninth Circuit’s lead. (Yes, I just typed that sentence.)
Now, let’s find out how the three-judge panel ruled in Perry v. Brown (formerly known as Perry v. Schwarzenegger)….
Continue reading “Breaking: Ninth Circuit Issues Landmark Ruling on Gay Marriage”
Just to be clear, the people who think that Cravath is the “compensation leader” in terms of Biglaw firms are incorrect. Wachtell Lipton, for example, regularly pays more than the people at Worldwide Plaza. Cravath does not set the top of the market in terms of associate bonuses.
The first firm to make Cravath associates feel impoverished this season appears to be Boies Schiller. Yep, the house that David Boies built is once again paying money to its people like bonuses are a reward for hard work.
But some say the payouts don’t appear to be quite as generous as last year. Others disagree. But you really don’t have to try that hard to beat Cravath anymore…
Continue reading “Associate Bonus Watch: Boies Schiller Shellacks Cravath”
* You know what, screw the neighborhood. There goes the freakin’ country. Congress’s bipartisan, not-so-super committee has failed to reach an agreement for a deficit reduction deal. [CNN]
* “When the government takes action . . . there are legal limits to what they can do.” And one of those limits is that they can’t screw over any of the AIG shareholders, right, Maurice? [New York Times]
* While NBA players were busy consolidating their antitrust suits in Minnesota, David Boies was being called out by the NBA’s general counsel. Keep it on the in court, Buchanan. [USA Today]
* Remember that time we got arrested at an Occupy Wall Street protest and then sued over it? Probably not the kind of story you want to reminisce about with your future husband. [Bloomberg]
* There are only so many jokes one can make about Justin Bieber. Bottom line: this fetus took a paternity test, and we’re going to find out soon if he’s a baby-daddy. [New York Daily News]
Last night we wrote about a high-profile lawsuit: 3M v. Lanny Davis. Yes, that’s right: the maker of Post-its and Scotch tape is going after Lanny J. Davis, the noted D.C. lawyer and lobbyist, along with his client, Porton Capital (a group of private investors).
It’s a strange lawsuit, but the allegations in it aren’t new. Similar suits were filed by 3M in June and July, in New York state court. (And one of them is still pending, despite the filing of an action in D.C. federal court.)
The primary parties, 3M and the Porton Group, have crossed swords before. In fact, they’re litigating against each other right now in merry olde England, before the High Court in London. In the U.K. litigation, 3M is being sued by Porton Capital and by the British government (in the form of Ploughshare Innovations, an entity owned by the U.K.’s Ministry of Defence).
According to the Wall Street Journal, Porton and Ploughshare allege that 3M failed to diligently develop the BacLite testing technology, “a product already proved and used in Europe as a cheap and quick way of detecting methicillin-resistant staphylococcus aureus, commonly known as MRSA, a hospital infection.” The reason this is so upsetting to Porton and Ploughshare is that they were contractually entitled to receive royalties from 3M’s sales of BacLite. The plaintiffs in the U.K. case claim that 3M abandoned BacLite less than a year after buying it — after botching the BacLite trials, and declaring the testing technology non-viable — “in order to protect a 3M-developed detection product known as Fastman from the less expensive rival posed by BacLite.”
Got that? Okay. Now, some updates to our prior coverage….
UPDATE (9/2/11, 9:30 AM): An update to our updates: a statement from William A. Brewer III, counsel to 3M, has been added below.
Continue reading “3M v. Lanny Davis: For the Record”
Lanny Davis
Physician, heal thyself? D.C. power broker Lanny Davis, a guru of crisis management, now has a crisis of his own to manage.
Davis has been hit with a federal lawsuit by, oddly enough, one of America’s largest corporations: 3M, the Fortune 100 company and Dow Jones Industrial Average component that’s famous for such products as Post-it Notes and Scotch tape. It’s surprising to see a mega-corporation like 3M going after a high-profile lawyer like Davis.
When you see a large corporation suing a prominent attorney like Davis — who, before launching his own firm last year, was a partner at such firms as McDermott Will & Emery, Orrick, and Patton Boggs — you might expect a malpractice claim. But that’s not the case here….
UPDATE (10:50 AM): Comments from Lanny Davis and his client, the Porton Group, have been added below. They point out that this is 3M’s third bite at the apple — the company previously filed two similar cases in New York state court. (The first suit was withdrawn, while the second still appears to be pending — rather strange, given the D.C. federal court filing.)
UPDATE (5:50 PM): Here is more information about 3M v. Lanny Davis.
Continue reading “Lawsuit of the Day: 3M v. Lanny Davis”
Sheryl Sandberg
* Shocker: tenured law professors are well-paid (check out their median salaries), and they enjoy high job satisfaction. [TaxProf Blog]
* Congratulations to David Boies and Ted Olson on winning the American Bar Association Medal, for their remarkable work on Perry v. Schwarzenegger (aka the Prop 8 case). [American Foundation for Equal Rights]
* In other LGBT news, lawyer turned pundit Ann Coulter makes nice with the gays, claiming her crown as the “Queen of Fabulous.” [Poliglot / Metro Weekly]
* Meanwhile, the Queen of Facebook, Sheryl Sandberg, gets profiled by the New Yorker. Here is Professor Christine Hurt’s take. [The Conglomerate]
* In the law firm world, beauty contests pit one law firm against another. In the strip-club world, beauty contests pit one vajayjay against another. [Fashionista]
Harry Wellington
* If you leave your bag of meth at the tanning salon, don’t go back for it. [Legal Blog Watch]
* The London riots show how technology and social media can be used to commit or to combat criminal activity. [Associate's Mind]
* Obama is taking his time on judicial nominations but at least he’s promoting diversity, reports John Schwartz. [New York Times]
* The ideas that Zach Shemtob and I discussed in our NYT op-ed are explored in greater detail in this (mercifully short) piece for the Tennessee Law Review. [SSRN]
* Harry Wellington, former dean of Yale Law School and New York Law School, RIP. [Yale Law School]
Above the Law’s 2010 Lawyer of the Year contest is now over. Thanks to everyone who nominated a lawyer; thanks to our finalists, for being such accomplished and interesting individuals; and thanks to all the voters, who picked our victor.
Here are ATL’s past Lawyers of the Year:
Two famous figures, and one anonymous one. A man, a woman, and an individual of unknown gender.
For 2010, who will join their distinguished ranks? Let’s find out….
Continue reading “ATL’s Lawyer of the Year (2010): The Winner!”
Here’s the Ninth Circuit’s certification order, available on the court’s Perry v. Schwarzenegger portal page, and here’s a quick write-up, from Bay City News. Essentially the Ninth Circuit wants the California Supreme Court to decide whether the official proponents of Proposition 8, California’s ban on gay marriage, have standing to defend the initiative’s constitutionality in court, since the public officials who would normally defend it have declined to do so.
In his concurrence to the certification order and per curiam opinion, liberal lion Stephen Reinhardt had catty comments about the litigation skills and strategy of David Boies, Ted Olson, and their colleagues at Boies Schiller and Gibson Dunn….
Continue reading “Breaking: Ninth Circuit Certifies Standing-Related Question to California Supreme Court”
The Boies bonuses make our use of this photo appropriate.
Earlier this month, we heard that Boies, Schiller & Flexner, the legendary litigation firm founded by the celebrated David Boies, wasn’t holding its lavish annual firm retreat in Jamaica (to which spouses and families have been invited in the past, all on the firm’s dime). This made us wonder: Despite its extensive involvement in headline-making cases throughout 2010, did BSF somehow not have a good year? [FN1]
Umm, no — at least not based on the Boies bonuses. Boies Schiller announced its associate bonuses on Tuesday, and they were “generous as usual,” according to one source.
Actually, that’s an understatement — a huge one. Almost as huge as the Boies Schiller bonuses. We believe them to be the biggest and best of the bonus season so far.
We reached out to the firm, which provided us with some hard numbers about its eye-popping bonuses….
Continue reading “Associate Bonus Watch: Boies Schiller Sets the Bonus Bar”
Well, this is not going to make Bingham McCutchen partners happy. A judge today ruled that the marital agreement between Los Angeles Dodgers owner Frank McCourt and wife Jamie McCourt is invalid — and therefore Frank might not have sole ownership of the Dodgers.
We wrote about Bingham’s boo-boo back in September. Some copies of the postnuptial agreement use the word “inclusive” in a way that would have given Frank sole ownership, while others use the word “exclusive,” which would have made Jamie a co-owner.
Bingham’s agreement may have been thrown out by the court, but don’t think for a second that Frank McCourt is done fighting for sole control of the team…
Continue reading “Drafting Fail: Court Rules Jamie McCourt Owns A Piece of the L.A. Dodgers”
We’ve set up our liveblog of the Ninth Circuit oral arguments in Perry v. Schwarzenegger, the Proposition 8 / same-sex marriage case. For a comprehensive account of what has happened in the litigation thus far, see this great FAQ by Chris Geidner, over at Poliglot.
You can watch streaming video of the arguments over at C-SPAN. And you can join our liveblog, after the jump….
Continue reading “Liveblogging the Prop 8 Ninth Circuit Oral Arguments”
It’s time for a brief postscript on one of this month’s juicier (and well-trafficked) stories: the dismissal of three women associates from litigation powerhouse Boies Schiller. We have a few additional tidbits that we can share with you.
But this is probably the last story we’ll be doing on this drama, since we don’t expect anything else to emerge. One piece of information we’ve received is that the associates were offered severance pay — “very generous” severance, in the words of one source — but had to release any claims against the firm in exchange. All three took the deal, including the expectant mother. So don’t expect any “Aaron Charney for pregnant women”-type lawsuits.
What other details can we reveal about the situation?
Continue reading “The Boies Schiller Three: An Update”
It’s actually not the divorce of the Los Angeles Dodgers, but the divorce of real estate mogul Frank McCourt and his wife, Jamie. Some call it the Dodger Divorce, however, since this bitter litigation could determine the fate of the storied baseball team — an asset worth hundreds of millions.
The couple is fighting over ownership of the Dodgers in a Los Angeles courtroom, aided by a long list of leading litigators. Frank McCourt is represented by Stephen Susman of Susman Godfrey, among others, and Jamie McCourt’s legal team is led by David Boies of Boies Schiller. (For a more complete listing of the lawyers involved, see here.)
But right now Susman and Boies aren’t the lawyers in the limelight. Rather, all eyes are focused on attorneys from Bingham McCutchen. The Boston Globe reports:
The high-powered firm is suddenly at the center of the drama because of work done by its lawyers. At issue is the wording of a document signed by both McCourts six years ago. According to media reports, three copies of the marital property agreement use the word “inclusive,” which would make Frank McCourt the sole owner of the Los Angeles Dodgers, and three copies say “exclusive,” which would make Jamie McCourt the co-owner of the venerable Major League Baseball franchise.
This is not the first time we’ve covered how a tiny difference in language — just two little characters, “in” as opposed to “ex” — could mean millions. Remember the single-digit error that could cost a real estate company tens of millions? See also the $900,000 comma and the $40,000 missing “L.”
Yikes. This is such stuff as lawyers’ bad dreams are made of. Law truly is a game of inches. (When bloggers make typos, commenters make fun of us; when lawyers make typos, people die lose money — sometimes lots and lots of it.)
The lead lawyer from Bingham McCutchen, Larry Silverstein — no relation to the World Trade Center real estate developer, as far as we know — admits that he messed up in preparing the marital property agreement (MPA)….
Continue reading “Will a Boo-Boo By Bingham Decide the Dodgers Divorce?”
If you haven’t already done so, check out Vivia Chen’s series of interviews with hiring partners over at The Careerist. They’re fun and interesting reads. (Our favorite was her unintentionally hilarious interview of Steven Glaser of Skadden.)
Recently Chen sat down with Alan Vickery of litigation powerhouse Boies Schiller (which scored a major victory in the Prop 8 case). Here’s how Vickery described the Boies lawyer:
What’s typical is the diversity of personality and style at the firm. David [Boies] has a broad scope of interests and abilities; he sends a strong signal that individualism is tolerated and encouraged. For instance, there’s lots of support for our work on Prop 8 [where the firm is arguing against the ban on gay marriage in California], but there are also lots of Federalist Society members here.
(Well, in fairness to the Fed Soc, many of its members are libertarian rather than social conservatives, and as such sympathetic to gay marriage — at least as a policy matter, if not necessarily a matter of constitutional law.)
Who are your competitors in the hiring game?
The usual suspects: Wachtell, Davis Polk, Cravath. And if they’re looking for a [litigation] boutique, it’d be Susman Godfrey, Williams & Connolly, or Quinn Emanuel.
Speaking of the competition, Vickery got in a good dig at Davis Polk….
Continue reading “Boies Schiller Throws Down Gauntlet, Calls Out Davis Polk on Associate Comp”
Today Chief Judge Vaughn Walker (N.D. Cal.) issued his ruling in Perry v. Schwarzenegger, the constitutional challenge to Proposition 8, California’s ban on gay marriage. The case was famously brought by Ted Olson and David Boies, two of the nation’s top lawyers (who previously faced off in Bush v. Gore, on opposite sides of the case). We first learned of the news at 4:35 PM today (via Chris Rovzar of New York magazine).
In his 136-page ruling, Chief Judge Walker — a Bush I appointee to the federal bench who is generally viewed as a moderate, not some crazy San Francisco liberal — ruled that Prop 8 is “unconstitutional under both the due process and equal protection clauses.” Accordingly, he “order[ed] entry of judgment permanently enjoining its enforcement.”
A permanent injunction? Expect Prop 8 proponents to turn to a higher court in 3, 2, 1…. But is the famously left-leaning Ninth Circuit going to be much help?
For excerpts from the opinion and more links, see below….
UPDATE: This post has been revised extensively since it was first published.
Note especially the update near the end of this post regarding Judge Walker’s STAYING THE ENTRY OF JUDGMENT.
We have also added a READER POLL, after the jump.
Continue reading “Breaking: Proposition 8 Ruled Unconstitutional!!!”
This is the photo we gave you for our latest caption contest — a picture of David Boies and Ted Olson, adversaries turned allies, sharing a hug.
You voted on eight clever captions. Which one won?
Continue reading “Caption Contest Winner: Who Wants a Hug?”
Earlier this week, we solicited funny captions for this photo (a great image for the July 4th weekend, given all the American flags):
You responded with around 70 comments. This was a smaller-than-usual number of nominees, but they were of high quality. There were about 25 or so that we saw as worthy contenders. Alas, to make the contest workable, we winnowed the entries down to a shortlist of eight.
Check them out and vote — warning: some crude / juvenile humor ahead (if you can’t handle it, stop reading now) — after the jump.
Continue reading “Caption Contest Finalists: Who Wants A Hug?”
I thought that the last 30 minutes of Ted’s rebuttal was the best 30 minutes I’ve seen in five decades of practicing law.
– David Boies, discussing the closing argument of his adversary-turned-ally, Ted Olson, in Perry v. Schwarzenegger (aka the Proposition 8 case).
In between Christmas and New Year’s, while most of us were stuffing our faces, celebrated litigator David Boies was stuffing his own stocking — with a magnificent New York apartment. Last year was a good one for Boies Schiller associates, at least based on their bonuses; and it probably was a good one for their boss, at least based on his latest real estate purchase.
There’s no need for Boies to feel guilty, though, since it seems he got a bargain. From Bloomberg:
David Boies, the antitrust lawyer who took on Microsoft Corp. and represented Al Gore in the contested U.S. presidential election of 2000, bought a seven room apartment overlooking New York’s Central Park for $7.75 million after the price was reduced by more than 20 percent.
Boies, chairman and founder of New York-based law firm Boies, Schiller & Flexner LLP, purchased a two-bedroom unit at the Sherry-Netherland hotel on Fifth Avenue and 59th Street, according to city property records. The original asking price was $9.95 million, according to listing service StreetEasy.com.
More details, plus photos of the fabulous pad, after the jump.
Continue reading “Lawyerly Lairs: Boies’s Bargain
The legendary litigator snaps up an $8 million apartment.“
