It has been a long time since our last listing of the major law firms that offer the “tax offset for domestic partner health benefits” or the “tax equalization for same-sex health benefits.” (If you’re not familiar with this benefit, also known as the “gay gross-up,” see this explanation.)
As we’ve explained before, this benefit is necessary because of the Defense of Marriage Act (DOMA). Let’s hope that this benefit is no longer necessary in the near future. This Term, the Supreme Court will rule on the constitutionality of DOMA (assuming they don’t dodge the issue on jurisdictional grounds). If SCOTUS goes the way of the lower courts, DOMA will go down, and the gay gross-up won’t be needed.
In the meantime, though, the benefit is needed. Let’s take a look at which firms should be added to our list….
We live in a culture that praises people for “playing hurt.” In sports, we like it when stars act like tough guys and put themselves at long term risk when they play with injuries (until they re-injure themselves, as fans of Robert Griffin III or Rob Gronkowski have learned in the past two weeks). In normal life, we value people who show up to do their job no matter what, and we are suspicious of people who take a lot of “sick days.”
Unless there is a FLU EPIDEMIC OMFG IT’S LIKE THAT MOVIE CONTAGION. Then, and only then, we start telling people to “stay home” instead of infecting the entire workplace.
This flu season has gotten so out of hand that some are starting to wonder if forcing people to have flu shots is something that employers can legally do. That’s right folks, in a country that cannot guarantee health care for all of its citizens, we can probably force at-will employees to get flu shots….
Above the Law’s 2012 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 our readers, who picked our victor after two weeks of voting over the holiday season.
* Justice Sonia Sotomayor just ruined Hobby Lobby’s new year by refusing to block the Affordable Care Act’s contraceptives mandate. All of the members of the company’s legal team will have to scrapbook and crochet for hours to get over this loss. [Reuters]
* Harvard Law graduate Barack Obama is being feted as CNN’s “Most Intriguing Person of 2012,” but he’s currently trailing in fourth place in the most important year-end poll of all: Above the Law’s Lawyer of the Year competition. Get out there and vote! [CNN]
* Federal district court judges aren’t being confirmed as quickly as they once were, and it’s partly because our president isn’t submitting nominees as quickly as those who came before him. [WSJ Law Blog (sub. req.)]
* But even if the president nominated judges more quickly, he’d continue to face harsh opposition from the NRA, which matters because the gun group has an entire party in its pocket. [Opinionator / New York Times]
* A legal problem and a journalism problem wrapped up in a little pretty bow: David Gregory of NBC’s “Meet the Press” is being investigated for displaying an alleged 30-round magazine on the air. [Washington Post]
* One of New York’s most prestigious private schools agreed to settle the sex abuse suit brought against it by former students. Simpson Thacher partner Phil Culhane must be doing a victory dance. [New York Daily News]
* You got a fast car, and now this case will pay all our bills. Toyota settled a class action suit over unintended acceleration, and it’s touted as one of the largest product-liability settlements in history. [New York Times]
* Ay dios mio! You know that you’re never going to enjoy another vacation when you catch a hotel employee spreading his seed all over your clothes. But what did you expect? It’s Mexico. [Courthouse News Service]
The year is quickly drawing to a close, but we have unfinished business to conduct here at Above the Law. Come on, people, we still have to crown our Lawyer of the Year for 2012.
Thank you to everyone who responded to our call for nominations, in the comments or via email. We’ve narrowed down the nominees to a field of nine (although you’ll see only eight options in the poll because one is a joint nomination). As in past years, the contenders run the gamut from distinguished to despicable.
* As soon as Mary Schapiro announced she was stepping down as chairwoman of the SEC, Obama nominated another woman to take her place. Congrats to SEC Commissioner Elisse Walter! [WSJ Law Blog]
* In other breaking news that no one will care about now that bonus season is upon us, Justice Ruth Bader Ginsburg swapped out her neck doily for a blingy necklace from Glamour. [Josh Blackman's Blog]
* You know what the ancient Romans would’ve hated more than watching the fall of the Roman empire? The Citizens United decision. Cato, Cicero, and Julius Caesar wouldn’t have been impressed with this. [Slate]
* Why go to law school if you’re already doing well financially? Perhaps you’re just another prestige hunter. If you are, then all the better for you, because that seems to be what all of the law schools are selling these days. [Inside the Law School Scam]
* Don’t cry for Argentina: they may be in the middle of a billion-dollar bond dispute, but the uber-prestigious lawyers on either side of the case (Boies; Olson) are enough to make you forget about their troubles. [Reuters]
* A Biglaw attorney from Alston & Bird with a rare sleep disorder confronts Big Pharma and… doesn’t win. At least not yet. But on the bright side, she’s not sleeping for 18 hours anymore. [The Last Word on Nothing]
* We’re honored to announce that Above the Law was named as one of the ten law blogs in the ABA Journal’s inaugural Blawg 100 Hall of Fame. Please click here if you’d like to help us win again this year. [ABA Journal]
* After the jump, Bloomberg Law’s Lee Pacchia speaks with Bill Lawlor, a Dechert partner, who claims “hope springs eternal for M&A attorneys.” Will the mergers and acquisitions market begin to boom once again?
* Since Obamacare’s here to stay, states are scurrying to meet the health care law’s deadlines. Better hurry up, they’ve only got a week left to make a decision on insurance exchanges. [New York Times]
* “It’s been an interesting and tough four years. I just really don’t know. I don’t know at this point.” Two days after the election, it looks like Barack Obama may have to replace Eric Holder after all. [Blog of Legal Times]
* Managing partners at midsize firms are feeling good about about business in the coming fiscal year, and they’re even projecting higher profits per partner. And unicorns, too! [National Law Journal (reg. req.)]
* Where did a portion of the money behind Harvard Law professor and Senator-elect Elizabeth Warren’s Massachusetts race come from? Biglaw firms like Nixon Peabody and Mintz Levin. [Corporate Counsel]
* Apparently a convicted abortion doctor killer is trying to intervene in Paul Ceglia’s ownership case against Facebook via kooky letter. Sorry pal, but there can be only one Jonathan Lee Riches. [Wall Street Journal]
Last December, we brought you a story about some rather embarrassing news for Joe Amendola, Jerry Sandusky’s attorney (no, not this attorney). Apparently Amendola suggested that anyone who believed Mike McQueary witnessed a rape, reported it, and nothing was done about it, should dial 1-800-REALITY. As it turns out, 1-800-REALITY is a gay sex hotline, whose opening message begins like so: “Hey guys, welcome to the hottest place for triple-X action.” Amendola’s faux pas was shockingly inappropriate given the nature of Sandusky’s crimes.
Today, we’ve got yet another story about a law school graduate who inadvertently gave out the number for a phone sex line, but this time he’s not a defense attorney — he’s the Governor of Florida….
* SCOTUS decided not to hear the case about telecoms allegedly warrantlessly letting the NSA listen to your calls. So, does this mean we’re all on Candid Cellphone? [Threat Level / Wired]
* We mentioned the Harvard Law grad turned alleged scam artist, John Donald Cody (a.k.a. Mr. X), last week. Check out this cool story about how the feds tracked him down after years of searching. [Arizona Republic]
* A Finnish lawyer recently won the World Wife Carrying Championship, which is, I guess, exactly what it sounds like. Scandinavians are strange. [The Irreverent Lawyer]
* Everyone loves stories about old people accidentally growing drugs because they didn’t know what marijuana looks or smells like. Harkens back to simpler time! [Legal Juice]
* Now the TSA is apparently mistreating and humiliating terminal leukemia patients. Pardon the bluntness, but f**k you. Seriously. [San Francisco Chronicle]
* At least U.S.Customs Enforcement agents can still get their jobs done without disrespecting the sick and the old. Kudos for nabbing this dude flying in from Asia wearing body armor and carrying luggage full of weapons. The TSA folks should take notes. [ABC News]
* Do we really need another “50 Best Law Schools” ranking list? Debatable. But we know you want to find out if your school made the cut. [Business Insider]
* What’s the hardest part of being a public defender? Is it (a) the low pay, (b) the long hours, or (c) getting punched in the face by an unhappy client? [Huffington Post]
* Only amateur fibbers simply pretend they have cancer. If you want to be the real deal, you gotta tell all your friends you also don’t have health insurance and get them to raise three grand to pay for your imaginary chemo. [Legal Juice]
* So, I would never fake an injury to get to use a wheelchair, because of the serious karma issues it would probably create in my life (e.g., above blurb). But I will say I went to Disneyland once with a physically disabled friend, and it was freaking amazing. I’ve never waited in so few lines in my life. [Consumerist]
* I think the lesson here is that it’s generally poor parenting to name your child after the sound a bomb makes. [CBS Cleveland via Legal Blog Watch]
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at asia@kinneyrecruiting.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
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It has been a long time since our last listing of the major law firms that offer the “tax offset for domestic partner health benefits” or the “tax equalization for same-sex health benefits.” (If you’re not familiar with this benefit, also known as the “gay gross-up,” see this explanation.)
