This weekend, a top spy had an affair with some woman named Broadchest… err “Broadwell”… and it was a top-grossing distraction from the fiscal cliff.
We’re going to talk about David Petraeus because on this Veterans Day we learned that you can’t be Director of the Central Intelligence Agency while also getting some action on the side. Drone strikes didn’t take Petraeus down. The Benghazi attacks didn’t take Patraeus down (although he’s not done with that yet). Paula Broadwell and her emails took down a four-star general covered in glory.
Before we go on, can we get a list of things you cannot be while also cheating on your wife? More importantly, can we get a list of positions that will not cause the Department of Justice and the FBI to investigate your extramarital predilections?
I’m sure there will be other contenders for the honor teased in the title, but I’m having a hard time thinking of one. Last night, voters went to the polls throughout the country and made their voices heard through the time-honored practice of waiting six hours in line until 1:30 a.m. As the results trickled in, candidates, elected officials, and pundits tossed out a number of pithy reactions, but one takes the cake.
Governor John Hickenlooper of Colorado responded to the state’s passage of a ballot measure legalizing marijuana with this gem:
Don’t break out the Cheetos or Goldfish too quickly.
Now I think Hickenlooper is criminally underselling Bugles, but this is pretty amazing. That’s a sitting United States governor tossing out a rejected line from a Cheech and Chong movie. I love modernity.
But why does Hickenlooper think we should hold on to our munchies?
On any list of “scum of the Earth,” people who profiteer off of disaster victims have to make the list. Jesus, it’d be worth Hell existing just so there would be a place for people who take advantage of disasters to loot electronics or valuables (food, if you’re hungry and nobody is home, is fair game I guess). I think there are reasonable people on both sides of the New York City marathon debate, but the thought of any police not stopping a looter to deal with the marathon makes me think they should cancel this year’s event.
Of course, looters aren’t the only kinds of criminals trying to take advantage of the hurricane. The Department of Justice is warning people to be on the lookout for Sandy scams…
In the next few months, we’re going to see a lot of lawyers switching jobs in Washington, D.C. Regardless of who wins the election — my current prediction is that Barack Obama will prevail (sorry, Anonymous Partner) — many lawyers will move into and out of government in the weeks before and after Inauguration Day.
For those who joined the Obama Administration early, three or four years is long enough to make them nostalgic for private sector paychecks. What use is a punched ticket if you never redeem it?
In fact, the movement has already started. Today we bring you news of two notable moves from the nation’s capital. One of them involves a lawyer leaving a top government post, and the other concerns an in-house lawyer entering the firm world….
As we mentioned earlier today, we’ll be operating normally here at Above the Law, notwithstanding Hurricane Sandy. Our physical offices, at the corner of Broadway and Houston in Manhattan, are closed. But your four editors — Elie, Staci, Chris, and myself — will be working diligently from our homes to keep you informed and entertained during Frankenstorm.
It seems that we won’t be alone in telecommuting today. Encouraging (or even ordering) employees to stay home, but suggesting that they work remotely if they can, seems to be a common response to the storm.
Here is information — including many UPDATES — about how various courts, government offices, law firms, and law schools are responding to Hurricane Sandy….
Ed. note: Lat here. This post is by lawyer turned novelist Allison Leotta, whom I previously profiled. I recently read Leotta’s newest book, Discretion, which I highly recommend. Not only is it a gripping thriller, but it’s legally realistic too, reflecting Leotta’s experience as a federal prosecutor and her research into the escort business.
As a former sex-crimes prosecutor who just wrote a novel about the escort business, I keep getting the same question from my Biglaw buddies: “I already feel like a high-end prostitute. Shouldn’t I get paid like one?”
It’s an old saw that lawyers are already prostitutes. Face it, we care deeply for our clients because we’re paid to care about them. If we’re good, we start by convincing ourselves that the side of the legal dispute we more or less randomly ended up on happens to be the right side. You think a hooker’s job is that different? Forget it. The infamous D.C. Madam — an inspiration for my latest book, Discretion (affiliate link) — was a woman who dropped out of law school and opened an escort agency.
You’re good-looking, you like people, you know how to bill by the hour — you could totally do this. But is being a high-class escort really a better job than the one you’ve got now? The answer will be familiar to every memo-writing associate: It depends. Before you go trading in those Christian Louboutins for five-inch-stilettos, check out these side-to-side comparisons of the trades….
* Covington, Skadden, and Proskauer really like representing professional sports leagues: from 2010 to 2011, the NHL paid a combined total of $8.8M to all three, and Covington received $16.3M from the NFL over the last three years. [Am Law Daily]
* The Department of Justice sued Bank of America yesterday for doing the “hustle.” No, not the popular disco disco dance, but rather, a supposed elaborate scheme to defraud the government out of billions of dollars. [DealBook / New York Times]
* Rajat Gupta was sentenced to a whole two years behind bars for insider trading, but my colleague Elie Mystal thinks that the more appropriate punishment would’ve been to force him to reenact the seminal 80s film, Trading Places. [HuffPost Live]
* Unfortunately, Siri wasn’t able to be helpful with this one. A federal judge had to recuse himself in a patent case involving the Siri voice assistant app because of his “interest” in Apple (likely stock ownership). [CNET]
* Was Wednesday the day of departing deans? NYU’s Richard Revesz said farewell, and so did Sydney Beckman of Duncan Law, but the latter flat out quit amid accreditation uncertainty. [Knoxville News Sentinel]
* “We’ll fight another day. This is not over.” While a jury found that Teresa Wagner’s First Amendment rights weren’t violated by the University of Iowa College of Law, the judge declared a mistrial on her equal protection claim against the school. [Huffington Post]
* Somebody really should’ve told Lawrence Taylor that when testifying in an underage sex trafficking case, it’s probably not a good idea to mention that your accuser was “very, very pretty” and “very sexy.” [Associated Press]
When renowned federal prosecutor Patrick Fitzgerald stepped down as U.S. Attorney in Chicago, he reacted skeptically to the suggestion that he join the dark side jump over to private practice and become a defense lawyer. When asked about this at a press conference regarding his departure, he quipped, “Can you see me as a defense attorney?”
Well, pooh-poohing something isn’t the same as rejecting it out of hand. Yesterday brought news that Pat Fitzgerald will be entering private practice after all.
* “You’re paying a partner $800 to $1,000 an hour and they’re charging you because they ordered sushi.” In-house counsel are paying more attention to their bills, and they’re refusing to pay for things like photocopies and food. [Wall Street Journal (sub. req.)]
* According to litigators, who are the ten most notable federal district court judges to watch? Three come from S.D.N.Y., but one from N.D. Cal. captured our hearts this summer when she asked counsel for Apple if he was “smoking crack.” [American Lawyer]
* A guide for law students with disabilities says: “If you are thinking that you’re a shoe-in for LSAT accommodations since you had accommodations in undergrad, think again.” But thanks to these suits, LSAC’s policies may soon be changing. [National Law Journal]
* Seeing as there are only nine law schools in Illinois, and given the abysmal job market for new law grads, it’s clear the state needs a tenth school. Say hello to Bradley University College of Law. [Peoria Journal Star]
* Jets backup quarterback Tim Tebow trademarked “Tebowing.” Yes, seriously. But don’t worry, he didn’t do it to make money, he just wants to “control how it’s used, make sure it’s used in the right way.” [Washington Post]
Eric Cuellar (left) and Justin Teixeira (right). Image via Gawker (click to enlarge).
Think of this as like the law school version of The Hangover — except that an animal apparently was harmed in the making of this movie.
Over the weekend, we covered the sad and disturbing story of two Boalt Hall law students who stand accused of killing a helmeted guinea fowl. This allegedly went down in a wildlife habitat at the (unfortunately named) Flamingo Hotel in Las Vegas.
As we noted in an update, the bird was exotic rather than endangered (well, at least not endangered outside the Flamingo Hotel). But killing such a bird can still be charged as a felony, thanks to a 2011 amendment to Nevada law. And the Berkeley law students in question, Eric Cuellar and Justin Teixeira, have in fact been charged with felonies — conspiracy and the willful, malicious torture or killing of wildlife.
Let’s take a closer at the two men at the center of this flap. We’ve heard from some Above the Law tipsters who know them….
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: