* What? A former Supreme Court clerk who got passed over for a job at a law school? Nicholas Spaeth, who’s also the former state attorney general for North Dakota, is suing the Michigan State University College of Law, for age discrimination. [The BLT: The Blog of Legal Times via SBM Blog]
* Elsewhere in criminal justice news, should prisons be run on a voucher system? Dan Markel offers some thoughts on Sasha Volokh’s interesting proposal. [PrawfsBlawg]
* An interesting profile of Alan Gura, the celebrated Second Amendment litigator, by a fellow small-firm lawyer, Nicole Black. [The Xemplar]
* Hopefully this will all become moot after a deal gets done, but remember the Fourteenth Amendment argument for Obama unilaterally raising the debt ceiling? Jeffrey Rosen thinks a lawsuit against Obama would get kicked for lack of standing — or might even prevail. [New Republic]
* But Orin Kerr believes that a recent SCOTUS case might change the analysis. [Volokh Conspiracy]
* Howrey going to pay all the creditors? A lot turns on how some contingency-fee cases turn out, according to Larry Ribstein. [Truth on the Market]
* From in-house to the big house: former general counsel Russell Mackert just got sentenced to more than 15 years in prison for his role in a fraud scheme. [Corporate Counsel]
* I’m flying this weekend for the first time in over a year (it couldn’t be avoided). I’ll need to brush up on what rights I still retain during air travel. As long as I acknowledge TSA’s droit du seigneur to my wife, I’m allowed to carry an unopened water bottle on board, right? [Legal Blog Watch]
* Lat imagined a future legal career for Casey Anthony that starts with a Anthony getting a GED (before clerking on the Supreme Court and becoming a law partner of Jose Baez). But doesn’t Hustler seem like something more in her wheelhouse? [Gawker]
* Have we done irreparable damage to our credit rating, unless we can prove we have a legal “fail-safe” in case a vocal Tea Party minority hijacks the entire freaking nation again? [Blackbook Legal]
A friend of mine is a plaintiff’s lawyer in Boston. We’ve opposed each other on several cases, and our interactions (always on the phone; weirdly, we’ve never met in person) are characterized by good-natured but acerbic jabs. Typically, he would bemoan my clients’ “colossally stupid” behavior. For my part, I would make fun of his firm’s name.
Don’t get me wrong: his firm is one of the most respected plaintiff’s firms in town. But its name follows the classic ego-gratifying law-firm style of putting all the partners’ surnames on the letterhead. With Biglaw firms, this doesn’t matter much, because the name partners tend to be, well, not-so-much alive. And the sheer number of partners at big firms means that ego notwithstanding, most aren’t getting their names on the sign.
But small firms have (by definition) fewer partners — with just as much ego. And they tend to be living. So the firm names are long and subject to frequent change.
Why is this a problem for small firms, and what they should do about it?
Although it officially passed away back in March, when its partners voted for dissolution, the law firm of Howrey LLP continues to twitch in its grave — or maybe even step out of its grave and walk around a bit, like a zombie from a horror flick.
Howrey continues to have a presence on Twitter, for example. A D.C.-based reader pointed out to us that the April 2011 issue of Washington Lawyer magazine contained a partnership announcement for the firm, on page 44: “Stephen D. Palley and Andrew R. Sommer have been named partner at Howrey LLP.” (Both landed on their feet: Palley is now a principal at Ober|Kaler, and Sommer is now of counsel at Winston & Strawn.)
And, strangely enough, Howrey is still seeking client engagements….
The official title of the NALPconference panel that I attended on merit-based compensation contained a playful shout-out to Sarah Palin: “How Is That Performance-Based Compensation System Working for Ya?”
The panel was originally supposed to have featured a representative of the now-defunct Howrey law firm. So the snarky answer to the question presented might be, “Not well.” (In fairness to merit-based compensation, however, Howrey’s dissolution didn’t have much to do with its model for training, promoting, and compensating associates.)
No mention of Howrey was made during the introductory remarks (or anywhere else in the discussion, for that matter). Rather, the panel focused on the positive — and offered useful advice for firms that are contemplating adoption of performance-based systems….
The only book in the world I'd actually consider burning in public.
* Harvard Law School exams used to be easier. Think about that the next time you hear about grade inflation. [The Volokh Conspiracy]
* Speaking of things getting harder, this seems like proof that the Bluebook exists to propagate sales of the Bluebook. [Josh Blackman's Blog]
* And yet the Bluebook hasn’t been updated to include a special citation form for Wikipedia. Weird. [An Associate's Mind]
* Howrey going to WARN them that there are more of these lawsuits coming? [Am Law Daily]
* A professor at John Marshall Law School (Atlanta), Lucille Jewel, has written a law review article about the ability of scam blogs to impact legal education. I’m just going to sit very still until Leonardo DiCaprio confirms that I’m already dreaming. [Legal Skills Prof Blog]
* “People’s preferences can sometimes override their principles.” No, that’s not the subtitle of my upcoming book, “Bush v. Intellectual Consistency: The Antonin Scalia Story.” [Blackbook Legal]
Although Howrey LLP officially dissolved as a partnership as of March 15, some operations continued beyond that date. But at the close of business today, the firm is going into a more complete shutdown, due to a withdrawal of bank financing.
“Last night, we received notice via email that Howrey is closing as of today, because CitiBank refuses to pay the payroll,” one source reported. “CitiBank has also refused to pay our PTO [paid time off], and our pension contributions.”
“Citibank has closed the door on Howrey operations today, more than a month before the May 9th date listed on WARN notices,” a second tipster confirmed. “No PTO, pensions will be paid out.”
UPDATE (6 PM): Citi takes issue with Howrey’s take on events. From a Citi spokesperson: “We are deeply disappointed in Howrey’s mischaracterization of the situation. Citi is not responsible for the employment practices of a client and has acted in a professional manner throughout this process.”
* I hate crappy customer service as much as the next guy; I just hope UCLA law students from “third world s**tholes” aren’t offended. [Professor Bainbridge]
* Forgive my ignorance, but I don’t see why the right has a problem with the Employment Non-Discrimination Act. They know you don’t catch “the gay” from working with gays. I mean, I’m still as straight as an arrow. [Bilerico]
* As long as we’re thinking of giving prosecutors bonuses, let’s also grant them the right of prima nocta over the wives of any men they convict. The latter idea is just as stupid as the former. [Overlawyered]
* While law students suffer in unemployment and tuition continues to spiral upwards, law professors have decided to draw a line in the sand over tenure. In related news, 18 law professors have been hospitalized after attempting to wedge their heads up their own asses. [TaxProf Blog]
* Law school valedictorians are so socially awkward that they need this advice. [Law Riot]
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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