Kaye Scholer

In the world of Biglaw, the subject of bonuses is a hot-button issue. People will disagree, often vehemently, on whether the bonuses paid by a particular firm are generous or cheap. To paraphrase an old joke, if you ask two people about bonuses, you’ll get three opinions.

Given these frequent differences of opinion, whenever we publish an Associate Bonus Watch post, we’re eager to get opinions and additional information from you, our readers. As you can see from looking back at our prior bonus coverage, we often update our bonus posts to add new information or another point of view. You can send us reactions to your firm’s bonuses — or news of bonuses we have not yet covered — by email or by text message (646-820-8477 / 646-820-TIPS).

Some of our recent bonus posts have generated salient updates and dissenting opinions. After the jump, we bring you postscripts regarding bonuses at several major law firms, including Cravath, Kaye Scholer, Quinn Emanuel, Sidley Austin, and Weil Gotshal….

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Read carefully, because Kaye Scholer is hoping you won’t.

Last night, Kaye Scholer announced a match of the Cravath bonus scale from this season. And a match of the Cravath spring bonus from last season. But that has nothing to do with 2012 spring bonuses, which Sullivan & Cromwell alluded to last night. So even as Kaye Scholer associates are being “made whole” from the firm’s cheap stance on the last bonus season, it looks like they’re already starting this bonus season in the hole.

Keeping you updated about the latest bonus shenanigans is what Above the Law is here for….

double red triangle arrows Continue reading “Associate Bonus Watch: Kaye Scholer Tries to Confuse By Matching Cravath’s Year-End Bonus and Last Year’s Spring Bonus”

This morning’s news that Boies Schiller is making a mockery of the Cravath bonus scale simply reinforces the prevailing view (pace David Lat) around here that the 2011 Cravath bonus scale is fundamentally unfair.

Agreeing on this point is former Kirkland & Ellis partner Steven Harper (whose apparent pro-associate stance may make him a sort of Biglaw apostate). As Harper points out, “equity partner profit trees have resumed their growth to the sky. As the economy struggled, Cravath’s average partner profits increased to $2.7 million in 2009 and to $3.17 million in 2010 … That’s not ‘treading water.’ It’s returning to 2007 profit levels — the height of ‘amazing’ boom years that most observers had declared gone forever. Watch for 2011 profits to be even higher.”

And yet associate bonuses remain stagnant at 2009 levels. Furthermore, as ATL commenter “The Cravath Cut” is so fond of noting, when viewed as a percentage of profits, bonuses appear especially measly, at least from the associate p.o.v. (The current $7,500 market rate for first-years is just 0.23% of Cravath’s profits per partner. Back in 2007, first-year bonuses equalled 1.36%.) Despite these numbers, if history has taught us anything, it is that you can kill anyone Biglaw’s rank and file will follow Cravath’s lead.

Cravath is among the most profitable firms in the world. We thought it would be interesting to see what the implications of matching Cravath are for those firms with much lower profit margins. Which firms’ partners willingly take the biggest hit by keeping up? Are these firms arguably more “generous”? After the jump, check out those firms that pay the largest percentage of PPP in bonuses.

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Partners are usually best remembered for behaving badly, or worse, treating associates badly. But not the partners who made our “Top Partners to Work For” list.

Last week, we asked you to nominate the best Biglaw partners you work for, tell us why they are the best, and rate them in six categories: expertise within the practice area, quality of work given to associates, hands-on training given to associates, provision of feedback on associate work, respect for associates’ schedules, and professionalism with associates.

Over the next several weeks, we will reveal who these exceptional partners are in a multi-part Career Center survey results series, sponsored by Lateral Link. We kick off the series this week with the New York partners, and then we’ll make our way around the country.

Let’s get to know the first eight partners and find out why associates say they are the best to work for….

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While performing here at the ATL Cabaret on Wednesday night, the celebrated drag queen of Biglaw, Kaye Scholer, was pelted with rotten fruit — by her own associates. If you haven’t done so already, do check out their rage-filled rants. (If nothing else, they’ll make you feel better about your own firm.)

As we’ve stated before, we’re committed to presenting both sides of a given story here at Above the Law. Sometimes we don’t hear the other side of a story because the sources on that side don’t care to contact us. But when we do have both sides available to us, we present them.

In the case of the People v. Kaye Scholer, we did hear from a character witness on behalf of the defendant. What did this individual have to say?

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We previously compared the law firm of Kaye Scholer to a drag queen. Kaye Scholer, Kay Scholer — geddit?

Well, some associates at Kaye Scholer claim they’ve seen underneath all the make-up — and it’s not pretty. This contestant would not go far in RuPaul’s Drag Race.

In terms of responses to our recent discussion of which firms aren’t paying spring bonuses, however, Kaye Scholer emerges a winner. We’ve heard from KS associates in droves over the past day or two — and the depth of their fury is impressive.

What are they so upset about? It’s not just the lack of spring bonuses. Let’s find out….

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If we were to hold a contest for “Law Firm Whose Name Sounds Most Like That of a Drag Queen,” the clear winner would be Kaye Scholer. Just drop that first “e” to form “Kay Scholer” — doesn’t she sound fierce? Scroll through this list of drag queen names. Wouldn’t Kay Scholer fit right in?

(Hey — this sounds like a fun idea for a post. If you have an idea for a law firm whose name could inspire a drag name — e.g., Morgan Lewis, Proskauer Rose (“Rose Proskauer”), Saxena White — please put in the comments or email us, subject line “Drag Name.” If we get enough submissions, we’ll hold a contest.)

Sorry, where were we? Ah yes, Kaye Scholer. Earlier this week, the firm announced its 2010 bonus schedule.

For the most part, it’s the Cravath scale, with an hours requirement (1950 hours, 1800 billable). But associates who go over 2400 hours (2250 billable) will find something extra in their stockings this year….

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With fall recruiting gearing up, and the lateral market warming up, we continue our annual series of open threads about the law firms featured in the Vault prestige rankings. These threads provide ATL readers with a forum to discuss the different firms and their various strengths and weaknesses.

The end of the Vault 100 is in sight. We’re covering the firms in batches of 20 now. Here are the firms ranked #61 to #80, which will provide today’s discussion fodder:

61. Greenberg Traurig, LLP
62. Holland & Knight LLP
63. Fish & Richardson P.C.
64. Sonnenschein Nath & Rosenthal LLP
65. Cahill Gordon & Reindel LLP
66. Foley & Lardner LLP
67. Perkins Coie LLP
68. Nixon Peabody LLP
69. Patton Boggs LLP
70. Kaye Scholer LLP
71. Hunton & Williams LLP
72. Reed Smith LLP
73. Steptoe & Johnson LLP
74. Chadbourne & Parke LLP
75. Howrey LLP
76. Bryan Cave LLP
77. Lovells (US) [now part of Hogan Lovells]
78. Katten Muchin Rosenman LLP
79. Crowell & Moring LLP
80. Schulte Roth & Zabel LLP

This is a very eclectic group, including a few New York-centric firms, some D.C.-dominated places, and a bunch of national and even international giants.

Let’s take a closer look at some of these shops….

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This was a year of small summer classes. Fewer summer associates mean a greater likelihood that all will get offers… unless a law student does something egregious. (Good news for rising 2Ls: There are signs that next year’s classes will be larger.)

Latham & Watkins and Gibson Dunn had the biggest summer associate classes this year, with 110 law students each. We’re told that Latham gave offers to all of its summer associates. What about Gibson? Will it match Latham one for one? One commenter claims that 24 in the firm’s NYC office have already gotten offers. What about the rest?

We have heard 100% news from a few other brand-name firms. Some came with champagne, others with firm-wide emails…

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An article in today’s New York Times, by former WSJ Law Blog writer Dan Slater, discusses changing law firm business models. Much of the piece covers ground that will be familiar to ATL readers. But the article contains some interesting new information about Kaye Scholer (where Slater once worked).

According to the Times article, it appears that the firm essentially lied to some of its new associates:

In the summer of 2008, Kaye Scholer’s New York office extended offers of full-time employment to 31 students, many from top schools. They would return to law school for their third years, they thought, then graduate, take the bar exam and begin at the firm in January 2010, at a base salary approximating the current level of $160,000.

About two months before the start date, however, the firm notified 18 of the 31, a group including law graduates from Columbia, New York and Northwestern Universities, that they would be relegated, upon arrival, to the firm’s public interest group. There, they would work on pro bono matters and make $60,000 a year.

All 18 accepted the revised offer.

In March, about two months after starting, 17 of the 18 were assigned to a document review project, for a paying client, and told to bill 40 hours a week. For this, these associates will make an extra $30 an hour, approximately the hourly rate of their base salary.

We reported on Kaye Scholer’s $60,000 a year, pro bono associate plan back in October. How did the firm characterize it to us at the time?

double red triangle arrows Continue reading “Kaye Scholer Shifts Pro Bono Associates Back to Doc Review
And some reflections on the changing Biglaw business model.

Morning Docket 03.11.10

ncaa video game.jpg* Former U.C.L.A. basketball star Ed O’Bannon has recruited some key players for his class-action lawsuit against the NCAA. [New York Times]
* Kaye Scholer’s attempt to score litigation points for Bank of America results in BofA paying a bankrupt developer’s Kasowitz Benson attorney fees. [AmLaw Daily]
* Is it okay to use unwitting customers as bait in “upskirting” sting operations? It was for a TJMaxx in upstate New York. [On Point News]
* To our surprise, those ubiquitous Classmates.com banner ads have actually convinced a good number of people to join the site. And now they’re suing for violation of their privacy. [Wired]
* The legal community — from left to right — is not happy with Liz Cheney. [Associated Press]
* Ben Roethlisberger’s 28th birthday present is a criminal investigation. [Fox]
* Patent wars. [Apple Insider]

Kaye Scholer LLP logo Above the Law legal blog.jpgYesterday, we reported that Kaye Scholer would be paying market busting bonuses to associates who hit their hours.
Today, associates are telling us that “hitting hours” is kind of like shooting the moon in hearts. A tipster reports:

Bonus hour requirements were moved up from 2,000 to 2,200 this year, with the “superbonus” at 2,400 (unchanged from last year). Bonus amounts were $20,000 for 2,200 hundred hours and $40,000 for 2,400 hours, across the board, which is only above market for the 2008-2006 crowd (it would equal other firms at the 2005 year, assuming those other firms had also raised their requirement to 2,200 hours, and below market for anyone after that.)

Well then. Before bonus season started, we mentioned that we would have to pay attention to hours requirements hidden under bonus announcements.
Did any Kaye Scholer associates hit 2,400 hours this year?
After the jump, our tipsters further explain Kaye Scholer’s hours requirements for its lockstep pay raises.

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Kaye Scholer LLP logo Above the Law legal blog.jpgAfter being inundated with firms that are trying to cut salaries through the implementation of a merit-based associate compensation structure, it’s refreshing to see a firm cut salaries the old fashioned way. Tipsters report that Kaye Scholer is just going about its paycut in a straightforward manner:

Associates will be paid on a 145K scale for 11 months, and then, provided they are above some level of hours, will have a “keep what you earn” December.
This comes months after Kaye Scholer told half the class they would be making 60K and doing pro bono work for the first year.
Kaye Scholer’s got them by the balls and knows it.

Clean, crisp, this is how your father taught you to cut costs.
Remember, Kaye Scholer cut salaries and then offered a similar clawback provision last year. But our tipsters report that the hours requirements are far from onerous. If you hit 1600 hours by the end of the year, you’ll get your $160K.
The system has the feel of a DLA Piper-esque 10% salary holdback. But, unlike DLA, making the money back is tied to objective factors (hours) instead of subjective ones. And Kaye Scholer won’t be grading on a curve.
And, for 2009, Kaye Scholer will be making a bonus payment that is above the market for associates that hit their hours. More details after the jump.

double red triangle arrows Continue reading “Kaye Scholer: Back to More Simple Methods for Cutting Salaries, Plus a Big Time Bonus”

hitler as a 2l berkeley.jpgIn parsing the fate of law school students, there’s no point in talking about the 3Ls. Their chances of success in the job hunt are about as bright as Obama’s prospects of winning the war in Afghanistan. In other words, abandon hope all ye who enter here.
The 1Ls can actually pray the economy will improve. And unlike the poor 3Ls, they knew what they were getting into when they enrolled this fall.
But what about the 2Ls? They have a year and a half more to stay in the law school bunker. Is that long enough for the economy to pick up and for firms to open their wallets doors to draw them close to the Biglaw bosom? Many 2Ls report that their dance cards for the summer are empty.
But there may be hope for current 2Ls without summer suitors, reports Zach Lowe at AmLaw Daily. Some firms are coming back for another round:

[A] small number of those 2Ls stand to benefit from an added mini-round of recruiting, which law school officials and firm recruiters attribute to the cautious stance some firms took the first time around in August and September. The reason, according to about a dozen sources we interviewed: Firms shooting for smaller class sizes limited their offers to the best of the best in the class of 2010. The students in that group found themselves with several offers to choose from, leaving firms short of the already smaller-than-usual targets they’d set. Now those firms are going back to top law schools and asking about candidates who have not yet secured a gig for summer 2010, according to career services deans at law schools, law firm recruiters, and industry groups.

Which firms are still looking? What are they looking for? And, if Adolf Hitler was a 2L, what would he do?
Find out after the jump.

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(And: If Hitler Were a Berkeley 2L)

pink slip layoff notice Above the Law blog.jpgEd. note: Above the Law has teamed up with Law Shucks, which has done excellent work translating all of the layoff news into user-friendly charts and graphs: the Layoff Tracker.
Last week we wrote that jobless claims were higher than expected and that predicting anything with any degree of confidence seemed pointless. This week, the number of people receiving unemployment benefits was lower than expected, the lowest levels in seven months, and that was before announcement that benefits will be extended again. Still, the best that can be said is that the cuts are slowing:

Companies are cutting fewer jobs as they see more evidence of a recovery, helped by government stimulus efforts and less weakness in housing and manufacturing. While a separate report today showed the economy expanded for the first time in more than a year, a rebound in hiring may take longer to materialize

So while things bounced around unpredictably in the broader market, we had two notable announcements in law-firm innovations this week. We’ll cut right to them after the jump.

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Kaye Scholer LLP logo Above the Law legal blog.jpgKaye Scholer has announced that its incoming first year associate will still be starting in January. All of them. But there is a catch. Kaye Scholer will split the class into two groups of full time associates. One group will work for the firm’s paying clients and get paid the normal first year starting salary. The other group — roughly half of the class — will work exclusively with the firm’s public interest group and will make $60,000.
Above the Law spoke with Kaye Scholer managing partner Barry Wilner about the program. He emphasized that the firm wanted to invite everybody in its first year class to start at the firm because the class is “excellent.” But he acknowledged that the demand for legal services isn’t what it used to be. Instead of sending half of its class back out on the street to look for public interest work, Wilner wanted to put them to work under the umbrella of Kaye Scholer’s pro bono efforts:

It’s incredibly difficult to get public interest work in this environment. … It’s a good thing from the standpoint that the firm is providing excellent public interest training and mentoring.

Wilner also told us that the public interest associates would still have access to all of the training other first year associates have, and they would be eligible for full firm benefits.
Associates weren’t asked to volunteer to be in the public interest group. Wilner said that the firm had to make difficult decisions about how to split the class. Practice group preference was one factor. But Wilner also said that because the incoming class was strong across the board, some amount of arbitrariness also played a role.
After the jump, incoming associates in the public interest group weigh in.

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comparing.jpgAs we get back to the Vault rankings, we encounter more firms that have engaged in stealth layoffs. And a firm that conducts mass transit layoffs.
To refresh your memory, here’s the next group:

61. Cooley Godward
62. Pillsbury
63. Sonnenschein
64. Cahill
65. Holland & Knight
66. K&L Gates
67. Nixon Peabody
68. Foley & Lardner
69. Kaye Scholer
70. Steptoe & Johnson

The penalty for having a partner announce layoffs on a train was six spots according to Vault. There have been other Pillsbury cutbacks. But the Acela incident happened when associates had Vault surveys sitting on their desks.
After the jump, let’s take a look at some of the other firms in this group.

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Salary Cuts.jpgKaye Scholer — which conducted stealth layoffs in November and open layoffs in February — is now cutting back on associate pay. The move will only affect associates that are on track to bill below 1600 hours this year, but affect them it will. The WSJ Law Blog reports:

Here’s the way it’ll work: All those first and second year associates who, as of June 1, were on pace to bill fewer than 1600 hours for the year will have 20% of what they stand to make over the last half of the year withheld. (In other words, the firm will hang on to 10% of the year’s salary.) For third year associates who fall beneath the threshold, the firm will withhold 15% of the July-December pay (or 7.5% of the full-year salary).
If, at the end of the year, the associates have hit 1600 hours, they’ll have their full pay restored.

Resting at #70 in the Vault rankings, Kaye Scholer seems to just be continuing the trend of firms in this range trying what they can to save money.
At least the attorneys will have the opportunity to make the money back if they can pick up their hours. It’s more like being sent to your room without dinner, instead of being left by the side of the road.
Kaye Scholer to Withhold Pay From Lower-Billing Associates [WSJ Law Blog]
Earlier: Nationwide Layoff Watch: Kaye Scholer
In This Market: Are You Getting Laid Off or Fired? A Kaye Scholer Case Study

Madlyn Primoff Kaye Scholer mugshot.jpgWe — and everybody else — reported on the Kaye Scholer partner who kicked her children out of her car and was charged with endangering the welfare of a child. Today, Madlyn Primoff received a conditional discharge:

That means that the misdemeanor charge of endangering the welfare of a child against Park Avenue lawyer Madlyn Primoff will be dismissed in six months as long as she does not get arrested or violate the order of protection issued for her two girls.
“There is no ongoing danger to the children,” Westchester County Assistant District Attorney Audrey Stone told City Judge Eric Press during a brief appearance at 9:30 a.m.

Outside of the courthouse, Primoff apologized:

“Clearly I made a mistake,” Primoff said. “But I truly love our children and I know I am a good parent.”

As one commenter already anticipated, that apology is as close as we are likely to get to a real life “I’VE ABANDONED MY CHILD” moment.
Do you think that the (lack of) punishment fits the crime? Some additional details after the jump.

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Madlyn Primoff Kaye Scholer mugshot.jpgMadlyn Primoff, a partner in the bankruptcy and business reorganization group at Kaye Scholer, left her two daughters by the side of the road in White Plains. According to the New York Daily News:

A prominent Park Avenue lawyer was arrested after cops said she got so angry at her young daughters that she kicked them out of her car – and drove off.

Madlyn Primoff apparently couldn’t bear any more squabbling between her 10- and 12-year-old daughters Sunday and booted them out of the car in White Plains, Westchester County, authorities said.

A threat doesn’t carry much weight if you’re not willing to back it up, right? A tipster quips:

So maybe I won’t apply to Kaye Scholer … if their partners are this crazy.

But the 12-year-old demonstrated the dedication required of a future Kaye Scholer associate. She ran after her mother’s car, caught up to it, and got back in. You can’t stealth layoff that kid!

Unfortunately, the 10-year-old went to pieces:

The younger daughter wandered around the corner to Mamaroneck Ave., where a good Samaritan spotted her in tears about 7:30 p.m., bought her ice cream and then approached a cop in a patrol car.

The officer described the girl as “very upset” and “emotional” in the police report.

More discussion — including information about Madlyn Primoff’s $2 million home in Scarsdale, and a reader poll — after the jump.

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