Health Care / Medicine

It’s been a while since we did a perk watch that didn’t involve things getting better for gays and lesbians. Ever since the recession, Biglaw has acted like having a job also counts as a fringe benefit.

But benefits haven’t been frozen in time since 2007. We have extensively reported on the “gay gross up” (or “tax equalization for same-sex health benefits”) trend. But there have been some interesting health benefit trends happening at law firms beyond extending basic fairness to same-sex couples.

Adam Okun has done a round-up of Biglaw perks on the blog Frenkely Speaking. It’s not going to come as a galloping shock that Biglaw is punishing to families….

double red triangle arrows Continue reading “Biglaw Perk Watch: Deterring Dependents”

Newt, you've made the tiger angry.

* “Members of Congress are not above the law,” and that’s why the Senate will likely approve a ban on insider trading of non-public information by the end of the week. Say hello to the Stop Trading on Congressional Knowledge Act. [Boston Globe]

* Eye of newt tiger, and toe of frog, wool of bat, and tongue of dog. You see, Newt, you screw up one part of the witches’ spell, and you get sued for unauthorized song use on the Election 2012 campaign trail. [Bloomberg]

* Which Biglaw firms have the strongest brands in the country according to high-revenue clients? You’d think that those in the top five would be the firms leading the bonus market, but like most things having to do with money, you’d be wrong. [Am Law Daily]

* As Rutgers Law students take to the streets to protest the school’s merger with Rowan, nontenured faculty members are doing their damnedest to GTFO before all hell breaks loose. [Burlington County Times]

* GW Law will be launching a health care law and policy program next fall for the low, low cost of $5M, but the hordes of law school grads willing to pay top dollar for a useless LL.M. is priceless. [National Law Journal]

Professors Richard Epstein (left) and John Yoo

* Are you still trying to make sense of the conflicting opinions in United States v. Jones, the GPS tracking case recently decided by the Supreme Court? Professor Barry Friedman has this helpful round-up. [New York Times]

* Elsewhere in law professors opining on SCOTUS, what do Professors Richard Epstein and John Yoo predict the Court will do regarding Obamacare? [National Review Online]

* A Spanish CFO, a Finnish tax lawyer, and a moody Hungarian CEO walk into an Amsterdam coffee shop…. [What About Clients?]

* Musical chairs: prosecutor Greg Andres is leaving DOJ for DPW. [DealBook]

* In case you missed this fun Friday story, it got picked up by MSNBC today. [Digital Life / MSNBC]

* Did your law firm give you an iPad? Are you wondering what to do with the darn thing? Here’s an idea, after the jump….

double red triangle arrows Continue reading “Non-Sequiturs: 01.30.12″

As the snow starts to fall in most parts of the country, Floridians are practicing their golf swing and spending weekends at the beach. But it’s not just the weather that’s hot. The legal market is on fire as well. Read on for the latest Job of the Week provided by Lateral Link.

Our Lateral Link Southeast Director, Scott Hodes, is currently working closely with the top firms in the region to fill junior and mid-level positions in Health Care, Corporate, Trusts & Estates and Real Estate, among other practice areas, and all levels of Litigation. Now is definitely the time to make the move down South!

One of the hottest areas right now is Health Care, and one of the top firms in the country is looking to add a Health Care associate at either the junior, mid or senior level.

Position: Health Care Transactional / Regulatory Associate

Description: Experience in assisting health care companies and private equity funds with health care investments in connection with all of their health care transactional, corporate and regulatory needs. An understanding or experience with the Stark law, fraud and abuse laws, anti-kickback laws and state licensure laws would be a plus.

Location: Miami, Florida

This opportunity is brought to you by Scott Hodes, Lateral Link recruiter covering Florida, Atlanta, Charlotte and other parts of the Southeast. To apply for this opportunity or other opportunites, please register at www.laterallink.com. You can also reach out to Scott directly via email at shodes@laterallink.com. If you are a Lateral Link member already, see position #10391 (junior), position #9266 (mid), and position #9267 (senior), or contact your recruiter for more details.

* First the Jones verdict, then the Fourth Circuit affirmed the dismissal of Jose Padilla’s torture lawsuit. It’s enough to make ACLUers develop bipolar disorder. [Washington Post]

* Release the Kagan! The Supreme Court rejected Freedom Watch’s motion for time to argue that Justice Elena Kagan should recuse herself from the Obamacare case. [CNN]

* Biglaw problems: here’s a great round-up of 2012′s law firm lawsuits, starring Akin Gump, Crowell & Moring, Dechert, and Greenberg Traurig, to name a few. [Am Law Daily]

* After dropping a lawsuit challenging their forcible eviction from Zuccotti Park, supporters of Occupy Wall Street will go back to occupying the couches in their parents’ basements. [Bloomberg]

* Not interested in being a lawyer? Check out these suggestions for “unique” career paths (i.e., ones that you could have pursued after college, with half the debt load). [U.S. News]

* Not such a great alternative fee arrangement. A prosecutor turned solo practitioner is going to jail after accepting oxycodone pills as payment from a police informant. [Tampa Bay Times]

John Roberts

I have complete confidence in the capability of my colleagues to determine when recusal is warranted. They are jurists of exceptional integrity and experience whose character and fitness have been examined through a rigorous appointment and confirmation process.

– Chief Justice John Roberts, defending the Supreme Court’s ethical standards in light of calls for Justices Clarence Thomas and Elena Kagan to recuse from the controversial health care case that will be argued before SCOTUS in March. The Chief Justice’s comments were made in his 2011 Year-End Report on the Federal Judiciary.

It's pronounced 'Mystal' like 'Cristal,' not to be confused with Elie's crystal ball.

Welcome back to work. I’m not going to act like a flight attendant and “welcome” you to a place we all got to at the exact same time, but I do hope your 2012 is starting off well.

In case you missed it on New Year’s Eve, we took a look back at our biggest stories of 2011. Now, let’s turn our gaze to the future. What do you think will happen in 2012?

I’ll get us started: The world will not end, nor be impacted in any special way on December 21, 2012….

double red triangle arrows Continue reading “2012 Predictions: ATL’s Calendar Goes All the Way to 2013″

A little while back, we asked how many of you had tried Adderall, the ADHD drug that some students use to get a boost around study time. A whopping 30% of you said you had tried the drug and 70% of you are lying.

It’s a figure that should make law school deans sit up and take notice. You know, if they weren’t busy figuring out how to charge the students more money for an education that isn’t getting more valuable in any way.

But now let’s ask the fun question. Is using Adderall that big of a deal?

double red triangle arrows Continue reading “Is Using Adderall to Get Through Exams the Worst Thing in the World?”

Morning Docket: 12.20.11

* The Supreme Court will hear oral arguments on Obamacare over three days in March. Let’s fast forward to June so we can see how Election 2012 is going to turn out. [Blog of Legal Times]

* The Grinch definitely stole AT&T’s Christmas this year, and even a team of Biglaw superstars couldn’t save the day. The company’s merger deal with T-Mobile is now officially dead. [Am Law Daily]

* A bed and breakfast owner told this lesbian couple aloha before they could even say aloha, and now they’re suing. And here I thought that Hawaii specialized in tiny, gay bubbles. [Washington Post]

* James Franco doesn’t just get bad grades on Rotten Tomatoes. José Angel Santana, one of his former professors, has filed a lawsuit saying NYU fired him for giving the actor a “D.” [Reuters]

* Snooki, Jersey Shore’s drunken munchkin, is being sued for $7M over a licensing deal gone bad. The worst part is that even if she paid up, she’d still have oodles of money in the bank. [Daily Mail]

* Sick of law school? Get all of your bitching down on paper, and turn your rage-filled manifesto into a short story for submission to the JLE Legal Fiction Contest. [National Law Journal]

When I was in school, Ritalin was the performance-enhancing drug of choice. You could smash it up and snort it and do amazing feats like read an entire Emanuel’s Outline on mergers and acquisitions in a single sitting. Or you could write a whole law review note without getting bored. Or you could repaint your room, or reupholster your desk chair, or… oh s**t the paper is due in an hour and I have NOTHING.

Adderall, as I understand it, is the same, but better. It’s easy to get your hands on — all you have to do is fake the ADHD exam and you have your very own prescription for an amphetamine for law school and beyond. Or you can bum one off of a friend as finals stress approaches.

Haven’t you done that? Come on, be honest….

double red triangle arrows Continue reading “ATL Wellness Survey: Haven’t We All Had a Little Adderall?”

Caveat: I did not write the following dialogue. It is from the “comments” section of one of my columns where I mentioned I’d be writing about HIPAA and GLBA. Unfortunately, I cannot attribute the comments to the persons who wrote them, as they are anonymous; however they are quite apropos of today’s subject:

1) “I wish vendors would get it into their heads that indemnity for being sued on a confidentiality basis doesn’t cut it for financial institutions and other customers/clients that have affirmative obligations without being sued in the event of a breach of confidentiality.”

2) “I wish financial institution customers would get it into their heads that the ‘customer information’ they’re obligated to protect is not the sort of thing they would ever disclose to the vast majority of their vendors, and stop using their ‘affirmative obligations’ as a tool to cram unnecessarily restrictive confidentiality terms down the throats of vendors.”

Perfect. Those two comments capture the schism between vendors and customers when dealing with private financial or personal confidential information….

double red triangle arrows Continue reading “House Rules: HIPAA and GLBA and Indemnity, Oh My!”

Justice Elena Kagan

The latest issue of New York magazine contains a very interesting profile of the U.S. Supreme Court’s newest member, Justice Elena Kagan, penned by Dahlia Lithwick. Here’s the bottom-line summary of the piece (via Ezra Klein):

“While Kagan is assuredly a liberal, and likely also a fan of the health-reform law, a close read of her tenure at the Supreme Court suggests that she is in fact the opposite of a progressive zealot. By the end of Kagan’s first term, conservatives like former Bush solicitor general Paul Clement (who will likely argue against the health-care law this coming spring) and Chief Justice John Roberts were giving Kagan high marks as a new justice precisely because she wasn’t a frothing ideologue. The pre-confirmation caricatures of her as a self-serving careerist and party hack are not borne out by her conduct at oral argument, her writing, and her interactions with her colleagues. In fact, if her first term and a half is any indication, she may well madden as many staunch liberals as conservatives in the coming years.”

That’s just the overview. Let’s delve into the details a bit more….

double red triangle arrows Continue reading “A Portrait of Elena Kagan as a Young Justice”

Non-Sequiturs: 11.22.11

Can a Westlaw or Lexis print-out hide your booze stash? I didn't think so.

* Are Asian American lawyers too nerdy to climb the Biglaw or corporate ladder — or is this just an outdated stereotype? [The Careerist]

* Does having your law school sob story featured on national television count as “employed upon graduation”? (Or, more seriously, here’s an opportunity for an unemployed law school grad.) [Inside the Law School Scam]

* A Notre Dame law professor, Mark McKenna, offers some courageous and deeply personal commentary on the Penn State scandal. [Slate]

* How will SCOTUS vote on Obamacare? Two political science professors, Michael Bailey and Forrest Maltzman, offer predictions. [The Monkey Cage via How Appealing]

Ted Frank

* Congratulations to Ted Frank and CCAF on a big win in the Ninth Circuit. [Center for Class Action Fairness]

* Following in the footsteps of its former employee, Gregory Berry, Kasowitz Benson seeks to conquer Silicon Valley. [Am Law Daily]

* In the age of Lexis and Westlaw, hardbound law books still serve a valuable purpose. [Kickstarter]

* It’s a briefcase branded with your favorite team insignia. But real subtle-like, so other people won’t immediately know you are an alpha jock fan boy. But you will. You’ll always know. [The Fandom Review]

This version of her face was better.

* Grassley, if you think a letter will get the SCOTUS health care arguments on TV, then you probably think the ABA is going to do something about your letters to them, too. Aww. [Blog of Legal Times]

* When in doubt, get the f**k out. Take this expert advice from Judge Paul Hawkes: the best way to avoid an ethics hearing is to quit resign from your job. [Palm Beach Post]

* Mmm, “law school porn.” So thick, so long, so… stupid. Just think of all of the other bigger and better things that law schools could be spending your tuition money on. [National Law Journal]

* And in real porn news, a litigant says that Jenna Jameson is “possessed.” But was he talking about her case, or the evil plastic surgery demon who did a number on her face? [Chicago Tribune]

* Gary Busey is being sued for walking under the influence at an Oklahoma airport. Applicable Buseyism? CRAP: Colliding Recklessly Against Passengers. [International Business Times]

The president looks good in a doctor's coat, no?

In a development that should surprise no one, the U.S. Supreme Court this morning agreed to review the constitutionality of President Barack Obama’s signature policy achievement, the Patient Protection and Affordable Care Act — aka Obamacare. This means that, before the end of the current SCOTUS Term in summer 2012, Anthony Kennedy the justices will rule on the validity of this sweeping legislation (unless they avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that might appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted by mentioning the jurisdictional issue in its certiorari grant.)

In the meantime, there will be a lot of cocktail party chatter about the health care reform law and its constitutionality. If you’d like some quick talking points, for use when you get the inevitable “What do you think about this as a lawyer?” questions from friends and family at Thanksgiving, keep reading….

double red triangle arrows Continue reading “Supreme Court To Decide Constitutionality of Obamacare”

* Yet another appeals court has has ruled that Obamacare is constitutional. Aww, can’t we wait for the other side to catch up a little before it goes to the Supreme Court? [Wall Street Journal]

* How did it go for this controversial ballot initiative? As it turns out, the personhood amendment was so stupid that it couldn’t even pass in Mississippi. Color me surprised. [New York Times]

* Raj Rajaratnam has to pay $92.8M in penalties in his SEC case, but come on, he’s a billionaire. Much like the honey badger, Raj don’t care, and he certainly don’t give a sh*t. [Bloomberg]

* We thought this might be a swing and a miss, but the Dodgers won approval to pay Dewey & LeBoeuf and Young Conaway after hitting the Trustee’s curveball out of the park. [Businessweek]

* Best use of footnotes ever? Pitbull’s lawyers are trying to get LiLo’s case against him removed to federal court, and gossip rags are cited in the footnotes more than law. [Hollywood Reporter]

It’s late October, so Biglaw bonus news could drop any day now. In 2010, Cravath didn’t kick off the season until November 22. But back in 2009, Cravath announced bonuses on November 2. And in 2007 — yes, the glory days, before the Great Recession — Cravath announced bonuses, regular and “special,” on October 29.

In light of the economic gloom and doom, including the possibility of a double-dip recession, it wouldn’t be shocking if bonuses are modest this year. Better to conserve the cash and avoid layoffs, right? Or maybe repeat what happened in 2010 and save some money for spring bonuses in a few months, when firms might have a better idea of the direction of the economy?

Regardless of how bonuses turn out, there are other pockets of good news in the world of large law firms — even news requiring law firms to open their wallets. Check out the growing number of firms that offer the perk we’ve dubbed the gay gross-up….

double red triangle arrows Continue reading “Biglaw Perk Watch: Has the Gay Gross-Up Hit the Tipping Point?”

Do you believe in life after law? More specifically, do you believe in life after Biglaw?

Many former partners at major law firms spend their post-Biglaw years living large — as well they should. After all, they worked very hard, for many years, to amass seven-figure, eight-figure, or even nine-figure fortunes. After leaving behind the life of billing 2000+ hours a year, they finally have time to enjoy the fruits of their labor.

But not all ex-partners find themselves on Easy Street. Take, for example, these two ex-partners in California — one whose civil suit against her former firm isn’t going so well, and one who might be going from Biglaw to the Big House….

double red triangle arrows Continue reading “Bad News for Former Biglaw Partners on the West Coast”

Non-Sequiturs: 10.24.11

* The TSA must be stopped. They’re now leaving creepy notes when they spy personal items in your luggage. [Not So Private Parts / Forbes]

* Law students, trust me, there’s nothing on your Facebook page that three more points on the LSAT won’t fix. [WSJ Law Blog]

* Berkeley Law 1Ls are playing an awesome game of assassin. Man, I miss college. I mean law school. [Nuts & Boalts]

* Would there even be medical malpractice if libertarians ruled the world? [Overlawyered]

* The Casey Anthony jurors are probably dying for a closeup. [Huffington Post]

* The future of Law and Economics. [Truth on the Market]

Angelina Pivarnick

* The Westboro Baptist Church has announced — on an iPhone — that it will be picketing Steve Jobs’s funeral. And now I have an Alanis Morissette song stuck in my head. [Los Angeles Times]

* Price check on aisle seven. Price check on aisle seven for a divorce train wreck. People over in England need to be prepared for this now that supermarkets can sell legal services. [BBC News]

* Crowell & Moring has been slapped with an ethics complaint for suggesting that Appalachians suffer birth defects because they have family circles instead of family trees. [Am Law Daily]

* Se habla Español? Necesita un trabajo? Greenberg Traurig is expanding its ginormas practice with its 33rd office located in Mexico City. [Sacramento Bee]

* Doctors in Kentucky delivered a decapitated baby, but apparently did “nothing wrong.” [Insert completely inappropriate dead baby joke here.] [Courier-Journal]

* A former Jersey Shore star is suing over an alleged attack at a Hot Topic last year. This is only acceptable if the “dirty little hamster” was there to look for a Halloween costume. [New York Post]