Email Scandals

Juan Monteverde and Alexandra Marchuk

Many discrimination cases brought against law firms end in quiet settlements. But I suspect that Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, could go the distance and make it to trial.

Why? The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.

Consider the latest move in the case, a declaration of intent to seek sanctions….

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Were you part of that email catastrophe this past Friday? It seems that the American Bar Association added the world to one of its email listservs, and the crowd went wild.

No? You weren’t? Here’s what happened.

An email arrived from a 2007 John Marshall Law School graduate (that’s how we’re supposed to refer to lawyers here because when and from where they graduated means everything in the world, right?), via an ABA listserv:

Just as a reminder, the YLD Antitrust Law Committee, the Section’s Joint Conduct Committee and Distribution and Franchising Committee will host a live webinar entitled “Antitrust Fundamentals for Distribution and Franchise Practitioners” this coming Monday, September 9th.

It had one of those typical endings about how to get off the list — email or call the ABA. Or, of course, email the whole list…

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Welcome back, law students!

It’s a brand-new year, full of so much potential for embarrassment. And nothing says “school’s back” more than a classic school-wide email screed.

It only took two days this year, so kudos!

This time it’s a noise complaint blasted to the entire student body. It sounds like the denizens of Mercer Hall #[redacted] had quite the party last night….

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Marni Halasa

* Is Justice Ginsburg, our favorite judicial diva, foiling her own jurisprudential legacy by refusing to retire from the Supreme Court before another president takes office? [Daily Beast]

* Year-over-year, there’s been a double-digit drop in demand for legal services, so now is a great time to start speculating about which firm will be the next to conduct layoffs. [Am Law Daily]

* Don’t despair, the results of the Am Law Midlevel Survey are out, and associates are more satisfied than ever — except for the women. They’re “leaning out,” so to speak. [Am Law Daily]

* New York City (d/b/a Mayor Michael Bloomberg) wants Judge Shira Scheindlin to stay her stop-and-frisk rulings pending appeal, because racial profiling is an effective crime fighting tool. [New York Law Journal]

* If you want to know why law school is three years long instead of two, it’s because back in the day, the T14s of the world were convinced it’d “stop the proles from sullying the image of the bar.” [The Economist]

* In an effort to keep law school deans’ listserv drama and email scandals to a minimum, the American Bar Association just doled out some rules to keep their ivory tower talk in check. [WSJ Law Blog (sub. req.)]

* “[I]f I die because of this, my life will have been worthwhile.” The HSBC whistleblower would face death to talk about the big bank’s money laundering — and to see the lovely Marni Halasa. [Huffington Post]

Juan Monteverde and Alexandra Marchuk

I just finished reading Gone Girl (affiliate link), the riveting and disturbing novel by Gillian Flynn. It brilliantly demonstrates, in a way that lawyers can appreciate, how the exact same set of events can be explained in radically different ways.

Given its focus on fighting, in terms of the war between the sexes and the battle for the truth, Gone Girl was appropriate to read in between the latest filings in Marchuk v. Faruqi & Faruqi. The salacious sexual harassment lawsuit has the entire legal world talking.

Yesterday we wrote about Alexandra Marchuk’s second amended complaint. Now let’s dive into the answer, filed with impressive swiftness after the complaint, which paints a very different picture of events and of the plaintiff….

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One Liberty Plaza: a tower of dark secrets?

It’s official: Cleary Gottlieb is no longer boring. The elite and esteemed firm is now exciting as well.

In the past few months, Cleary has generated enough drama to fuel a law firm soap opera — think “All My Associates” or “The Biglaw and the Beautiful” (on second thought, save the latter title for Davis Polk). Cleary has witnessed a mysterious partner departure, support staff vanishing into the ether, and a summer associate dismissed due to his disturbing past.

Yesterday, the drama at One Liberty Plaza continued. A terminated employee rose from the cyber-grave to haunt the living — before he was electronically exorcised by the powers-that-be….

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‘This email is unbelievable….’

One argument you sometimes hear in favor of making the jump from Biglaw to boutique is that small firms are, for lack of a better word, nicer. Everyone knows everyone else, so people treat each other with respect and even kindness. The hours are less brutal than at large law firms, and the overall environment is less impersonal and more friendly. The lawyers and staff at small firms are less focused on billable hours and the bottom line than their Biglaw counterparts.

At least that’s the conventional wisdom. But is it universally true? According to one current employee of Faruqi & Faruqi, the litigation boutique on the receiving end of an epic sexual harassment lawsuit, F&F is not exactly a “Fun & Fabulous” place to work.

And this person provided email messages from the two name partners to support their claims….

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‘Churn that bill, baby? Dear Lord…’

* With SCOTUS justices questioning standing in the Prop 8 case, and one even stating that gay marriage is newer than cell phones and the internet, you can guess where the decision is headed. [New York Times]

* “This badge of inequality must be extinguished.” With men like Ted Olson and David Boies representing the plaintiffs in Prop 8, at least we can say that they fought the good fight. [Wall Street Journal (sub. req.)]

* OMG, remember when DLA Piper allegedly overbilled a client and got dragged through the mud over scandalous emails? Now the firm says they were totally joking. So cray. [DealBook / New York Times]

* Less than a month after handing out pink slips across multiple offices, Patton Boggs named a new managing partner in New York who just so happens to be a Dewey defector. Ominous. [Am Law Daily]

* These are great tips on negotiating financial aid, but try this: tell admissions you’ll happily enroll elsewhere, and watch them throw cash at you. [Law Admissions Lowdown / U.S. News & World Report]

* It looks like Paul Ceglia’s zany misadventures in being fired as a client by Biglaw firms and suing Facebook may finally be at an end thanks this scathing 155-page recommendation of dismissal. [CNET]

Opening a legal bill from DLA Piper?

Here at Above the Law, we ❤ DLA Piper. The firm makes for great copy; there’s always something funny, ridiculous, or salacious going down over there.

In fairness to DLA Piper, the craziness might not be that high on a per capita basis. DLA Piper is one of the largest law firms in the world. In the most recent Global 100 rankings, DLA took second place in both total revenue and attorney headcount.

Many of the DLA Piper stories are on the lighter side. But this latest one — involving serious allegations of overbilling, apparently supported by internal DLA emails saying things like “churn that bill, baby!” — is no laughing matter….

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Haters gonna hate.

During her last week here at Above the Law, Kashmir Hill and I went out to lunch. In her usual, insightful, Kash way, she said to me, “When you first started here, I thought your hatred for law school and lawyers was just your schtick. Now I see that it’s not. You really don’t like them.”

No doubt. It sounds like hyperbole, but I really probably hated 50 percent of the people I went to school with or worked with. And then I probably had no opinion (but assumed the worst) of another 30 percent. So, during my time at law school and in a Biglaw firm, I felt hostility towards eight out of every ten people I met.

Why? Because lawyers suck. Because normal-thinking law students who desperately want to turn themselves into people who think like lawyers are some of the worst people on the planet. For God’s sake, read a warning label. Read the DMCA. Lawyers did that.

I made my friends. As for the rest, Shannon Sharpe once said, “I’ve never called anybody ugly. Do I think people are ugly? Yeah, I think he’s ugly, but I’ve never said that… Is he my friend? No. Did I ever view him as a friend? No. Do I view him as an acquaintance? No. Do I like him? No. If I see him in a snowstorm, his truck is broke down, mine is going perfectly, would I pick him up? No.”

Regular readers know this already. And there are a bunch of people nodding and saying, “Right back at you too, tubby.” But I bring this up now because your inclination is going to be that the young man we’re about to talk about is joking. You’re going to think he’s saying things for effect. But when a man posts a screed to his law school listserv to explain how he hates most of the people he goes to school with, and that he wants to be a writer and not a lawyer, I believe.

You should too….

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