ERISA

In our last full post on Dewey & LeBoeuf, the fast-fading New York law firm, we tried to find some moments of humor in this generally depressing story. Now we’ll return to the hard — and gloomy — Dewey news. (We mentioned several D&L items in today’s Morning Docket.)

Without further ado, let’s find out what’s going on….

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We have previously discussed the subject of pensions at the deeply troubled law firm of Dewey & LeBoeuf. Right now it’s looking quite likely that the firm will wind up in dissolution or bankruptcy. If the firm does go down that path, what will happen to the retirement benefits of current and former employees?

Today we have some news on that front — plus UPDATES on other Dewey stories, of course….

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On Friday, we broke the news of Dewey & LeBoeuf issuing a WARN Act notice to its U.S. employees. As explained by the U.S. Department of Labor, the WARN law generally requires an employer “to provide notice 60 days in advance of covered plant closings and covered mass layoffs.”

We noted, however, that employees shouldn’t be lulled into complacency by the 60-day requirement. As Elie wrote, “Dewey employees shouldn’t expect to just show up to work every day until Independence Day. Remember, we’ve learned from the Heller dissolution and other firms’ dissolutions that things tend to happen very quickly.”

Very quickly indeed. We are now hearing reports that this Friday, May 11, will be the last day for an unknown number of D&L employees….

As usual with the fast-moving Dewey story, we have multiple UPDATES, including some from Tuesday morning, after the jump.

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Dewey & LeBoeuf's sign at 1301 Avenue of the Americas. (Photo by David Lat. Feel free to use.)

“Our catering service requires a credit card; client matter numbers no longer accepted. Seamless food ordering requires a credit card or a corporate card.”

“It’s not clear that we still have health insurance.”

“Dewey has cut off subscriptions, and expenses are no longer being reimbursed.”

“Everyone is pretty much packing up. Bankers boxes are on backorder in supplies.”

“Dewey is quietly removing the art from the walls. Perhaps it belongs to the creditors?”

These are some of the sad stories we’re hearing out of Dewey & LeBoeuf today. Let’s discuss the latest news and rumor coming out of the deeply troubled law firm….

Multiple UPDATES and new links, after the jump (at the very end of this post). The Dewey story is moving so quickly that we will do multiple updates to our existing posts instead of writing a new post every time there’s a little additional news to report. Otherwise half of the stories on our front page would be about Dewey, and there is other Biglaw news to report — e.g., the new profit-per-partner rankings from Am Law, salacious lawsuits against prominent D.C. law firms, etc.

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This is a case with shocking facts.

Few things fill a junior associate with more dread than a partner beginning a sentence with the following words: “There must be a case that holds….” Much of the time, there is no such case (especially when the issue concerns some annoying e-discovery dispute that no judge would ever want to write about).

But if a partner says to you, “There must be a case addressing whether an insurance company is liable for accidental death benefits when the decedent accidentally kills himself while engaged in masturbation that involves intentional self-electrocution” — well, now there’s a case that’s on all fours. With an electric cattle prod.

Keep reading, to learn about an ERISA opinion that is very… stimulating….

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(Or: The most interesting ERISA opinion ever.)

On Tuesday, Ropes & Gray was sued in Manhattan federal court by a former partner, Patricia A. Martone. Martone’s lawsuit claims age discrimination, sex discrimination, retaliation, and interference with protected retirement benefits in violation of ERISA (the basis for federal jurisdiction in the S.D.N.Y.).

As you might expect from an ex-Ropes partner, Martone has some high-powered counsel: Anne Vladeck, one of New York’s top labor and employment lawyers, widely regarded as the queen of employment discrimination law. Vladeck famously (and successfully) represented Anucha Browne Sanders in her sexual harassment lawsuit against Isiah Thomas and the Knicks.

Patricia Martone is a veteran intellectual-property litigatrix, a specialist in patent litigation, with almost 40 years of practice under her belt. She made partner at Fish & Neave, the well-known patent law firm, in 1983, and then became a Ropes partner in 2005, when Ropes absorbed Fish. She’s now a partner at Morrison & Foerster, which she joined in October 2010.

Why did she leave Ropes? Let’s have a look at Patricia Martone, and her lawsuit….

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Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Life is a Brief Opportunity for Joy, is available on Amazon.

I’ve always been awestruck by tax lawyers. They are the dudes.

As a transactional attorney, you can’t make a move without a tax guy. M&A is based on IRS consequences. It’s the tax guy who hands you a chart with boxes and arrows, holding companies and off-shore limited partnerships buying and selling and re-selling and issuing and repurchasing and spinning off. Everything starts there.

Tax lawyers do stuff no one else would attempt. They swagger out the door at 5 pm.

“Don’t start with me. I’m in tax.”

Way back when, I took an advanced tax course in law school – to see if I could roll with the gangstas. I even took it the wrong semester, so instead of JD students, it was tax LLMs snickering at my desperation. I received my lowest grade ever. I also discovered tax law is like higher mathematics: there is no big picture. Tax is not intuitive or guided by overarching principle; it’s a mess of staggering, intimidating complication.

What I’ve come to realize lately, as a therapist working with tax lawyers, is that these seemingly unapproachable superstars are human. And being “the expert” can exact a toll….

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Employee benefits is heating up in the Windy City. We are currently looking to fill a number of employee benefits positions in Chicago, including the latest Job of the Week. Lateral Link has placed five candidates in law firm positions across the country this week alone; you could be next.

Position: Employee Benefits Associate

Location: Chicago, IL

Description: A national firm is looking for a junior to mid-level associate for their Employee Benefits practice. Experience with employee benefits restructuring issues, Title IV, and ERISA is preferred. If you want to work in a group that works on complex front page deals with the corporate and restructuring groups and also does fiduciary work with funds then we have the job for you.

If you are a Lateral Link member, please see position 6428 on the Lateral Link site. If you are not a Lateral Link member, you can sign up for free at www.laterallink.com. Lateral Link is also thrilled to have Katy Lewis return as a Director in our Chicago region. If you are interested in this position or any other positions in Chicago, Illinois or other parts of the Midwest, please contact Katy Lewis directly at klewis@laterallink.com.

Wachtell Lipton is one of the nation’s most prestigious and most profitable law firms. The lawyers who work there, especially the partners, are some seriously smart cookies.

So perhaps it shouldn’t be surprising that a former Wachtell partner has gotten the best of his ex-wife in contentious divorce proceedings. Leigh Jones of the National Law Journal reports:

It may have been the result of some crafty legal maneuvering by a Wachtell, Lipton, Rosen & Katz partner, or it may have simply been part of his tempestuous marriage to a “European Playmate” nearly 30 years his junior. Whatever the reason, the now-retired partner has thwarted a second bid by his ex-wife to invalidate a prenuptial agreement and collect a share of the annual retirement payments that he receives from the firm.

The Appellate Court of Connecticut, in a decision released on Thursday, affirmed a divorce judgment between retired Wachtell partner Peter McKenna, now 72, and Roberta Delente, a one-time model from Brazil who was working for an agency called “European Playmates” when the couple met in 1997. She was 32 at the time.

The divorce judgment left Delente, from whom McKenna sought a divorce less than a year after their wedding in August 1999, with virtually nothing from the marriage.

Let’s cut to the question that everyone is curious about: How big is McKenna’s (retirement) package?

UPDATE: And how hot is Roberta Delente? We’ve added a photo — as well as a link to the appellate court’s opinion, but that’s less exciting — after the jump.

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erisa lawyers.jpegLet’s push forward with our series of open threads on small law firms in different practice areas. To see what we’ve covered so far, click here and scroll down.
Today’s topic: ERISA LAW. For those of you who aren’t familiar with ERISA, we’ll quote a prior post of ours:

For all of you non-lawyers — or for those of you who sat in the back row in law school — ERISA stands for the “Employee Retirement Income Security Act.” It’s the federal law, originally passed in 1974 and subsequently amended, that governs the administration of pension and employee benefit plans. So yes, it’s pension law.

This area of law may not sound sexy, but it has some sexy practitioners. Back in 2006, we held an ERISA lawyer hotties contest. Feel free to check out the male nominees, the female nominees, and the ultimate winners.
More substantive thoughts on ERISA practice, after the jump.

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Ted Frank AEI Above the Law.gifThe televised event that we put in a plug for earlier today is now underway, on C-Span. And it’s actually not just a conversation with Ted Frank (at right), much as we’d enjoy that. It’s a full-blown panel discussion, sponsored by AEI, on Watters v. Wachovia Bank, to be argued before the Supreme Court tomorrow.
The topic — preemption of state banking regulation by federal banking law — is technical, complicated, and perhaps dry-seeming to some. But we’re tuned in, and finding it interesting. (Caveat: We may not be the typical viewer. We’re geekily fasincated by preemption, just as we are by ERISA, a statute that frequently raises preemption questions.)
We’re also enjoying the occasional camera shots of the audience. E.g., the woman in Kermit-the-Frog green, who was vigorously scratching her nose (and whose facial expression suggested she was oddly intrigued by the nasal itchiness).
When television cameras are in the room, you really must be on your best behavior.
More observations, after the jump.

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erisa beauty queen.jpg* Our first annual ERISA Hotties Contest is over, and America’s hottest pension and employee benefit lawyers have been crowned. Some other great candidates were passed over; but hey, not everyone can win.
* The new season of Survivor: an exotic Cook Islands setting, interracial conflict — and hot Asian lawyers.
* Practice pointer: When preparing a witness for a deposition, advise him not to drop the F-bomb.
* Wachtell Lipton just doled out midyear bonuses to its lucky (and hard-working) associates.
* Summer associates: still as wild and crazy as ever. And occasionally moronic, too.
* Law firm nicknames: Is your firm on the list?
* Sorry, right-wing gunners: Justice Scalia is done hiring his clerks for October Term 2007.
* Viet Dinh, the Georgetown law prof and former OLP kingpin advising VC god Thomas Perkins in L’Affaire HP, really loves hugs — and nice real estate.
* Outstanding discovery requests: Fashion Victims, Internal Memos, Legal Celebrity Sightings, Skaddenfreude.