* I like the suggestion, by Professor Frank Pasquale, that firms are pushing the “useless first-year” meme to maximize their profits. If true, we should see a bunch of talented first years opening their own shops in 3…2…1… [Balkinization]
Not only am I dismissing your case — WITH PREJUDICE — but I am also referring you to the grievance committee, and will personally recommend that you are sanctioned. You lied to this Court, and that will not be countenanced. Now please leave my courtroom.
– Judge Jed Rakoff, benchslapping (as reported by an ATL reader who witnessed Judge Rakoff in action for the first time, from the safety of the gallery).
It’s time for a brief postscript on one of this month’s juicier (and well-trafficked) stories: the dismissal of three women associates from litigation powerhouse Boies Schiller. We have a few additional tidbits that we can share with you.
But this is probably the last story we’ll be doing on this drama, since we don’t expect anything else to emerge. One piece of information we’ve received is that the associates were offered severance pay — “very generous” severance, in the words of one source — but had to release any claims against the firm in exchange. All three took the deal, including the expectant mother. So don’t expect any “Aaron Charney for pregnant women”-type lawsuits.
What other details can we reveal about the situation?
Since Judge Denny Chin is moving on up to the Second Circuit, the S.D.N.Y. cases pending before him have to be redistributed. Lawyers for Bank of America, which has 15 civil shareholder lawsuits on Chin’s docket, sent the chief judge a letter requesting that the cases be reassigned using a lottery system. As we mentioned in Morning Docket, Cleary Gottlieb, Davis Polk, and Wachtell Lipton all signed the letter.
Why did they need to send this special letter? Because they were scared of B of A landing again in the lap of Judge Jed Rakoff, says the Wall Street Journal:
Judge Rakoff disappointed bank executives last year when he rejected a $30 million settlement with the Securities and Exchange Commission, which had charged the bank with misleading shareholders about bonuses paid prior to the Merrill merger. The New York judge reluctantly approved a new $150 million agreement in February but called it “half-baked justice at best.”
One of the pending shareholder cases accuses the bank of failing to “disclose billions in Merrill losses before shareholders approved the deal in December 2008.”
Apparently, the lawyers debated whether or not to name Judge Rakoff in their letter, thus making it clear that he was the particular judge they hoped to avoid. They ultimately decided to name names.
They were successful in steering their cases clear of Rakoff, though the chief judge claims the letter wasn’t a factor in her decision to assign the cases to Judge Kevin Castel (aka the John Gotti judge). How did she decide?
Supreme Court clerks continue to flood the NYT wedding pages this month, creating grim LEWW odds for mere-mortal Cornell grads and Skadden associates. Like Troy playing Florida or North Texas playing Alabama, these folks are welcome to suit up, but the only question is how bad their whuppin’ is going to hurt.
Here are your three finalist couples for the week:
The long (inter)national Marc Dreier nightmare is almost at an end. He’s been sentenced to 20 years for defrauding his clients and investors. The Wall Street Journal Law Blog reports:
Prosecutors had asked for a 145-year sentence, which harked back to the 150-year sentence U.S. District Judge Denny Chin readily handed down to Bernie Madoff, whose massive Ponzi scheme drained the bank accounts of countless investors. In both cases defense attorneys sought a fraction of that. Dreier’s attorney sought no more than 12-and-a-half years.
But Dreier drew U.S. District Judge Jed Rakoff, who has been highly critical of the length of sentences under the federal sentencing guidelines, particularly in white collar crime cases.
Gentleman, how emasculated would you feel if your future father-in-law shuttled your bride down the aisle, and then, instead of pecking her on the cheek and handing her over, actually turned around and performed the wedding ceremony? Talk about control issues. That’s exactly what this groom endured last Sunday, as he was married by his father-in-law, United States Federal District Judge Jed S. Rakoff.
The Rakoff wedding didn’t make our final three. Neither did a couple of lesbianunions, a WGWAG, and several other worthy contenders. Here are the three who made the finals:
We bring you an addendum to Monday’s post about the latest in Supreme Court clerk hiring. And we’re pleasantly surprised to see that we have this news before Wikipedia.
Recently hired to clerk for Justice Stephen G. Breyer in October Term 2008: Brianne Gorod, currently in the D.C. office of O’Melveny & Myers. Gorod is a 2005 Yale Law grad and a former clerk to the judicial tag team of Jed S. Rakoff (S.D.N.Y.) and Robert A. Katzmann (2d Cir.).
Those who obsessively follows SCOTUS clerk hiring know that Judges Rakoff and Katzmann have jointly sent clerks to the Court before. But contrary to some rumors, they’re not always a “package deal” when it comes to hiring (although there is a significant degree of overlap among their current and former clerks).
Judge Katzmann prefers to hire individuals who have clerked on the district court (or have some other kind of post-law school work experience), so he regularly turns to Judge Rakoff, for whom he has a great deal of respect, as a source of clerkly talent. Judge Katzmann sometimes also helps promising applicants to his own chambers to secure interviews with Judge Rakoff. Conversely, Judge Rakoff also refers and sends clerks to Judge Katzmann, as well as to other Second Circuit judges, and he has also hired some clerks after Second Circuit clerkships. In short, both judges think it’s valuable for people to have both district and circuit clerkship experiences, and they try to help make that happen for their clerks. But they don’t hire 100 percent of their clerks jointly.
The current tally of OT 2008 SCOTUS clerks, with Brianne Gorod added, appears after the jump.
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.