King & Spalding

King & Spalding Lawyer Received Key Email As Prosecutors Seek Death Penalty Against Stephen McDaniel

By Elie Mystal

As we mentioned in Morning Docket on Friday, prosecutors will be seeking the death penalty against Stephen McDaniel if he is convicted of the murder of Lauren Giddings, his former neighbor and classmate at Mercer Law School.

The Bibb County District Attorney calls the crime “outrageously or wantonly vile, horrible or inhuman in that it involved depravity of mind,” which is one standard the prosecution has to meet to seek the death penalty in Georgia.

The Macon Telegraph conducted a long interview with Lauren Giddings’s boyfriend, David Vandiver. The King & Spalding lawyer wonders if Giddings’s final email to him was entirely hers….

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King & Spalding: More DOMA Drama, Plus Salary and Bonus News

By David Lat

Paul Clement and John Boehner: now out of King & Spalding's hair.

Some people, including crisis communications experts, think that King & Spalding should just shut up already about the DOMA debacle. The firm agreed to represent the House of Representatives in defending the controversial Defense of Marriage Act, and then almost immediately turned around and withdrew from the representation. This prompted the departure from the firm of star appellate litigator Paul Clement, former Solicitor General of the United States, who took the DOMA matter over to his new firm, Bancroft PLLC.

The decision to drop DOMA defense also led to the defections of King & Spalding clients, like the NRA and the state of Virginia. It generated criticism of the firm from diverse quarters — everyone from Ken Cuccinelli to the New York Times editorial board. [FN1]

Despite the advice of the communications experts (with which I personally agree), King & Spalding continues to discuss the DOMA debacle. The firm is starting to sound like a therapy patient that won’t relinquish the couch, and just wants to yap and yap and yap. Are you listening?

Let’s look at the latest revelations — and also some compensation news out of K&S….

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Quotes of the Day: When Ken Cuccinelli and the New York Times agree you screwed up, you screwed up.

By David Lat

King & Spalding’s willingness to drop a client, the U.S. House of Representatives, in connection with the lawsuit challenging the Defense of Marriage Act (DOMA) was such an obsequious act of weakness that I feel compelled to end your legal association with Virginia so that there is no chance that one of my legal clients will be put in the embarrassing and difficult situation like the client you walked away from, the House of Representatives.

– Virginia Attorney General Ken Cuccinelli, in a letter firing the law firm of King & Spalding.

A second quote of the day, from the New York Times, after the jump.

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Quote of the Day: Classy Clement

By David Lat

I think it’s important for lawyers on the other side of the political divide from Paul, who’s a very fine lawyer, to reaffirm what Paul wrote [in his resignation letter from King & Spalding]. Paul is entirely correct that our adversary system depends on vigorous advocates being willing to take on even very unpopular positions. Having undertaken to defend DOMA, he’s acting in the highest professional and ethical traditions in continuing to represent a client to whom he had committed in this very charged matter.

– Seth Waxman, former U.S. Solicitor General (under President Clinton) and current WilmerHale partner, commenting to Washingtonian magazine on the decision of fellow former S.G. Paul Clement to resign from King & Spalding and join Bancroft PLLC. At Bancroft, the D.C. boutique law firm founded by former Assistant Attorney General Viet Dinh, Clement will continue to represent the Bipartisan Legal Advisory Group of the House of Representatives in its defense of the Defense of Marriage Act (DOMA).

Paul Clement Quits King & Spalding After K&S Moves to Drop DOMA Defense

By David Lat

Paul Clement (left) and John Boehner (right)

The leading law firm of King & Spalding, which came under fire from LGBT rights groups after its defense of the Defense of Marriage Act (DOMA) became public last week, has moved to withdraw from the litigation. The firm cited problems with the vetting process applied to the engagement.

And Paul Clement, the former U.S. Solicitor General and King & Spalding partner who was going to spearhead the DOMA defense, is now a former K&S partner. He resigned from K&S this morning, in response to the firm’s withdrawal decision. Clement will continue his representation of the House of Representatives in DOMA litigation from his new home, Bancroft PLLC, the high-powered D.C. boutique founded by a fellow alum of the Bush Department of Justice, Georgetown law professor Viet Dinh.

UPDATE (12:20 PM): We reached out for comment to Professor Dinh, who said: “Paul wins the biggest cases and Bancroft solves the most complex problems. This is a no brainer. We will continue to do what Paul and I love doing most, which is to serve the best interests of our clients.”

Let’s take a look at King & Spalding’s stated justification for dropping the DOMA representation, and at Paul Clement’s resignation letter….

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Quote of the Day: Defending the Defense of the Defense of Marriage Act

By David Lat

[A] lawyer who defends an individual or a law, no matter how unpopular or distasteful, helps ensure that the outcome is viewed as fair. If DOMA is struck down, the fact that it was defended effectively will make the victory for its opponents more credible…. We hope [Paul] Clement loses, but we don’t begrudge him the assignment. Even a lawyer of his skills will find it hard to defend a discriminatory law like DOMA.

– a Los Angeles Times staff editorial, defending former Solicitor General Paul Clement and his law firm, King & Spalding, against criticism of their defense of the Defense of Marriage Act (DOMA).

Paul Clement and King & Spalding Defend DOMA — at a Discount

By David Lat

Paul Clement (left) and John Boehner (right)

They say that everyone is entitled to a lawyer. [FN1] But is everyone entitled to the services of former U.S. Solicitor General Paul Clement, one of our nation’s finest appellate advocates? At a discounted rate, no less?

As we mentioned in yesterday’s Non-Sequiturs, the U.S. House of Representatives has hired Paul Clement and Clement’s law firm, the venerable King & Spalding, to defend the Defense of Marriage Act. DOMA, which essentially bars recognition of same-sex marriages for purposes of federal law, has been struck down in part by various federal courts, and the Obama Administration has decided to stop defending the 1996 law in constitutional challenges.

So the House Republicans have stepped up to the plate to defend DOMA. And they’ve hired some high-powered counsel for the task, namely, Clement and King & Spalding.

The contract between the House and King & Spalding was made public today by the office of House Minority Leader Nancy Pelosi (after Speaker John Boehner declined to release it). The agreement contains some interesting tidbits, including the hourly rate the House will be paying, as well as a cap (although an adjustable one) on the fees to be paid to K&S.

Let’s take a look, shall we?

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Non-Sequiturs: 04.18.11

By David Lat & Elie Mystal

Paul Clement (left) and John Boehner (right)

* House Speaker John Boehner and former U.S. Solicitor General Paul Clement, now at King & Spalding, have joined forces to fight marriage equality by defending DOMA. Talk about two people who will not be taking their talents to South Beach. [The BLT: The Blog of Legal Times]

* The tax returns of Barack Obama and Joe Biden have been made public. Notes Professor Paul Caron: “It’s amazing how much more politicians give to charity in years in which they know their tax returns will be released to the public (although Biden still tosses around gifts to charity like manhole covers).” [TaxProf Blog]

* Sorry, Chief Judge Kozinski: Winkelvii non quitum. [Fox News]

* DLA Piper promotes 53 lawyers to partnership. For the blue wedge, name all the offices that are getting new partners. [Am Law Daily; DLA Piper (press release)]

* If you were underwhelmed with OCI at your law school, a new service — JD Match, founded by law-firm consultant and blogger Bruce MacEwen — wants to try to match you up with employers ready to hire. [WSJ Law Blog]

* People keep acting like their law firms are hunting for associates expressing discontent. But law firms aren’t as paranoid as Roger Ailes. [Gawker]

* It’s always nice when our nation’s legal system comes to the defense of punk bands. [Los Angeles Times]

* It’s almost time for the anniversary of the historical basis for Texas thinking it’s better than everybody else. [The Defense Rests via Blawg Review]

* Happy Passover to everyone. Don’t forget your blowtorches. [Wall Street Journal]

Judges Making More of a Case for E-Discovery Sanctions

By Gabe Acevedo

Ed. note: Gabe Acevedo will be covering LegalTech for Above the Law this year. If you are interested in communicating with someone from ATL about LegalTech coverage, please contact Gabe at gabe@abovethelaw.com. Thanks.

It seems that judges are no longer afraid to unleash the power of the gavel when it comes to e-discovery violations.

There has been quite a buzz in the e-discovery community this week about an article in the Duke Law Journal by attorneys Dan H. Willoughby Jr., Rose Hunter Jones, and Gregory R. Antine, of King & Spalding LLP. Willoughby is the partner in charge of the firm’s Discovery Center, and Jones and Antine both practice in the e-discovery arena.

The article, entitled Sanctions for E-Discovery Violations: By the Numbers, was mentioned in the ABA Journal and the WSJ Law Blog, tweeted extensively, and summarized in vendor blogs such as Catalyst and Clearwell.

So what are the authors’ findings? Let’s take a closer look…

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Bonus and Salary News from King & Spalding

By David Lat

King Spalding logo.jpgThe past few weeks have brought a fair amount of news about King & Spalding. Some of it has been good — e.g., adding talent from Orrick. And some of it has been bad — e.g., getting benchslapped (and disqualified from a case) by the Federal Circuit.
This week also brought compensation news to King & Spalding. The information has been a long time coming. Back in February, a K&S source told us:

King & Spalding continues to leave its associates in the dark with respect to 2009 bonuses and 2010 salaries. Back in September we were all demoted one year, and the Atlanta office salaries were slashed by an additional $10k. On top of that, our salaries are frozen and we received no increase on January 1st as we normally receive. Currently 1st, 2nd and 3rd year associates in Atlanta all make the same salary ($135,000). We were told late last year that we would receive bonuses for 2009, but no announcement has been made with respect to the amounts of those bonuses which have typically been paid at the end of February each year.

On Tuesday, associates at the firm received their bonus and salary info. And some of them were pleasantly surprised….

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Fall Recruiting Open Thread: Vault 41 – 50 (2010)

By Elie Mystal

comparing.jpgAs we finish off the Vault top 50, we look at some firms went through some tough layoffs.
Here’s the list:

41. Orrick Herrington & Sutcliffe
42. Baker & McKenzie
43. Goodwin Procter
44. DLA Piper
45. King & Spalding
46. Jenner & Block
47. Dewey & LeBoeuf
48. Proskauer Rose
49. Vinson & Elkins
50. Irell & Manella

It might not look like it, but there is a lot of carnage on this list. Orrick is down four spots. Proskauer is down four spots. King & Spalding is down 3 spots.
And many of the firms here that are marginally up or holding steady still went through significant layoffs.
After the jump, Law Shucks offers some stats.

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Nationwide Salary Cut Watch: King & Spalding Is So Last Season

By Elie Mystal

Salary Cuts.jpgI thought we were done with salary cuts. It’s almost September! Fashion week is on the horizon, but King & Spalding is coming out with an old style. I mean, it’s been multiple weeks since I used this picture.
Just before 5:00 p.m. yesterday, King & Spalding decided it was ready to cut associate salaries:

As you know, the past year has been a difficult one in all industries. The economic turmoil has led to a reduction in demand for legal services and increased pressure on firms to reduce costs. Although King & Spalding remains strong thanks to the quality of our people and our diverse portfolio of practices, clients, and offices, we are not immune to the broader economic environment. As a result, over the course of the past year, we, like other leading firms, have had to make a number of difficult but important changes to ensure our cost structure remains competitive and we are able to generate the opportunities that keep us all engaged.

Earlier this year, many firms “froze” salaries at 2008 levels or reduced them even lower. After closely monitoring those changes, we have decided to make commensurate adjustments to our salaries. Effective September 1, 2009, the annualized salary for U.S. partner-track associates will be equal to their 2008 salary. Partner-track associates in Atlanta and Charlotte will have an additional market-based reduction equal to $10,000 on an annualized basis. The salary for U.S. counsel, other lawyers, and consultants will be reduced by five percent. These salary changes will only apply going forward and will not be retroactive to the beginning of the year. Our plan is to announce 2010 salaries some time during the first quarter of next year, as some firms already do.

Ugh. Doesn’t K&S know that the cool thing isn’t just to cut salaries? All the popular kids are busy making fun of lockstep compensation. Oh wait, I guess K&S did get that message.
After the jump, another wedgie for lockstep.

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The Latest and Greatest Nationwide Start Date Round-up

By Kashmir Hill

Last month, we brought you Open Thread: Nationwide Start Date Round-up. After a flood of tips in response to that, we brought you an Expanded Nationwide Start Date Round-up. After that post, we got another deluge of tips. So now we bring you the latest and greatest round-up: more firms, more 2010 start dates, more pro bono deferral opportunities, more great taste, less calories…. whoops, wrong post.

Proskauer Rose announced start dates yesterday. Incoming associates have got some time to kill and some money to spend, says a tipster:

Proskauer [is] pushing their new associates back to March 2010. They’re offering a $20K stipend, or the option to get a public interest job, start Jan. 2011 and get a $60K stipend. They’re also still honoring a $10K salary advance they had previously offered.

Most firms, like Proskauer, have offered baby associates deferral stipends when pushing back start dates. However, a few disgruntled 3Ls have written to ATL saying that stipends are not forthcoming at their firms. Here are reports from tipsters:

Locke Lord Bissell & Liddell not offering any stipends [not even salary advances] to deferred Class of 2009 associates. Deferred Associates are still receiving their graduation bonuses ($1500), I guess that’s supposed to carry them through until January 2010.

You guys got to say something about the fact that Shearman, unlike most of the other firms, isn’t paying any kind of a stipend to those it is deferring until January ’10.

King & Spalding, all offices, has been pushed to January 19, 2010. Incoming associates were informed in late March. No stipend, and the salary advance is also not an option anymore.

Goldberg Kohn gave their incoming associates a $7500 bar stipend (which was reduced from the originally promised $8,000); they paid for Bar Exam fees; and they gave them a hand wave goodbye. As for their reported “pushing back start dates”, Goldberg Kohn has told their incoming associates that their start date was INDEFINITELY deferred. They said that March 2010 was a possibility but that the date was arbitrary and they are making no promises at all….They have offered no deferral stipend.

We would like to note that Shearman is paying a $65,000 stipend to those deferred to September 2010.

We wanted to call this post “The Final Round-up,” but that seemed overly optimistic. Check out the newest additions to the nationwide start date watch, after the jump. This time around, we’ve included firms (that we know of) that have not yet announced start dates.

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Nationwide Layoff Watch: King & Spalding Is Making Cuts (But Not Talking)

By Elie Mystal

King Spalding logo.jpgUpdate (5:40): King & Spalding has confirmed this report. Read the statement after the jump.

We’ve heard all kinds of things about King & Spalding over the past week. We now believe that layoffs are in fact happening at the firm today.

The preliminary numbers we are hearing are that about 80 people will be let go today across all King & Spalding offices. But the Atlanta office should be the hardest hit, with half of the layoffs taking place there.

Update (5:45): The firm has now confirmed the news to Above the Law. The official numbers: 37 associates, 85 staff.

Most of our tipsters are surprised that the firm has managed to avoid layoffs for this long.

We understand that laid off attorneys are being offered a three month severance package. However, people are being told about the layoffs individually over the phone. Our sources do not expect an official firm wide announcement to go out. As one tipster put it:

We are told in person, not by email, so you’ll just see someone walk by crying. It’s scary.

After the jump, read the full K&S statement.

Earlier: Prior ATL coverage of law firm layoffs

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Law Firm Merger Mania: Thacher Proffitt To Be Rescued by King & Spalding?

By David Lat

Thacher.jpgTalks between Thacher Proffitt and King & Spalding, a story we broke here, remain ongoing. From the Legal Times:

Atlanta-based King & Spalding is in talks to acquire most, but not all of Thacher Proffitt & Wood’s lawyers, say two sources aware of the discussions. In order to avoid dissolution, New York-based Thacher hopes to find a partner to acquire it, these sources say.

One New York legal consultant says the discussions have been ongoing for the past three to four months, and that the firms hope to reach an agreement by year-end. The consultant says King & Spalding is considering taking on about 100 of Thacher’s 195 lawyers, but that it’s not yet clear which practices and offices the 100 lawyers would come from. “There’s a tremendous amount of uncertainty about who’s going to be invited to the party,” says the consultant, who asked not to be named.

Not sure we’d call it a “party.” But the alternative to a K&S acquisition isn’t appealing:

[Thacher's] overall headcount is down more than 100 lawyers compared to last year — and so are its profits. Profits per partner fell more than 22 percent in 2007 to $1.02 million, according to the Am Law 200.

The firm has had a constant stream of high-profile departures, including its vice chairman Thomas Leslie, who decamped for Greenberg Traurig in October, and Washington managing partner Richard Schaberg, who left for Hogan & Hartson’s D.C. office last month. The New York consultant and another individual familiar with the discussions say that if the deal falls through, Thacher Proffitt will likely go under.

It’s worth noting that TPW has placed its New York headquarters up for sublease (as reported by Lindsay Fortado and David Levitt of Bloomberg). If TPW is seeking a subtenant for all five floors it leases at Two World Financial Center, then one has to wonder if the firm plans to continue operations (at least in its current form).

As for King & Spalding, it’s growing strategically, despite the downturn. The firm recently snagged three energy partners from Kirkland & Ellis. KS hopefully has room in the lifeboat for Thacherites seeking a new home.

To Avoid Dissolution, Thacher Proffitt Talks With King & Spalding [Legal Times via WSJ Law Blog]

Thacher Proffitt Puts Up New York Office Space for Sublease [Bloomberg]

King & Spalding Adds Three Energy Partners in Washington, D.C. [King & Spalding]

Law Firm Merger Mania: Thacher Proffitt + King & Spalding?

By David Lat

law firm merger.jpgThis is just a rumor, so take it with a grain — nay, a shaker — of salt. But we hear that Thacher Proffitt & Wood — which has been badly bloodied by the mortgage meltdown and Wall Street crisis, and has gone through multiple rounds of layoffs — is in “serious” merger discussions with King & Spalding.
The idea that TPW might be seeking a white knight shouldn’t be that surprising. Back in July, Thacher’s managing partner, Paul Tvetenstrand, had to deny rumors that the firm was headed for dissolution.
In his email, Tvetenstrand acknowledged that “[l]ike many firms in this unusual market we have had to take steps to adjust to the credit crisis.” One such step, of course, is to take refuge in the arms of someone who’s weathering the storm better. See, e.g., Merrill Lynch / Bank of America.
We reached out to both firms for comment. TPW didn’t get back to us. Kimberly Brooks, public relations manager of King & Spalding, had this comment:

It is our responsibility as a law firm to offer clients the highest level of service possible. As such, King & Spalding regularly explores opportunities that might provide for additional expertise and accessibility.

As a matter of policy, we do not comment on rumors in the market.

So they won’t comment on “rumors in the market” — but maybe some of you would like to? If you have additional insight into this rumor — it’s true, it’s false, it’s somewhere in between — feel free to email us. Thanks.

Fall Recruiting Open Thread: Vault 41-50 (2009)

By Kashmir Hill

comparing.jpgWe’re back with another installment in our series of open threads on the Vault 100. This is an opportunity for insiders to sound off on their firms for the benefit of wannabe potential first-year and lateral associates.
Here are the next ten on the Vault list, with prestige scores in parentheses:

41. Baker Botts LLP (6.096)
42. King & Spalding LLP (6.066)
43. DLA Piper (6.039)
44. Baker & McKenzie (5.982)
45. Wilson Sonsini Goodrich & Rosati (5.976)
46. Boies, Schiller & Flexner LLP (5.974)
47. Morgan, Lewis & Bockius LLP (5.941)
48. Dewey & LeBoeuf (5.924)
49. Fulbright & Jaworski LLP (5.906)
50. McDermott, Will & Emery (5.892)

The most interesting set of “notable perks” in this bunch can be found at Boies Schiller. On the upside, there is an annual trip to Jamaica for attorneys and their families — in December, no less — but on the downside, it’s a “sweatshop run by a genius.” This makes us think of David Boies as the legal profession’s Santa Claus — who likes to take the elves to Montego Bay.
We invite the curious to ask questions about these firms, and for those in-the-know to take pity.
Earlier: Vault 100 Open Threads – 2009

Nationwide Pay Raise Watch: The Lay of the Land in Atlanta

By David Lat

100 dollar bill Above the Law Above the Law law firm salary legal blog legal tabloid Above the Law.JPGAs we reported earlier this week, the Atlanta office of Paul Hastings has adopted a new pay scale, with a starting salary of $160,000.
The Fulton County Daily Report picks up the news today. It’s not new, since it was announced on Wednesday. But the article, by Meredith Hobbs, has a nice round-up of where things stand in the Atlanta market, post-Paul Hastings:

Like most of their competitors, Paul Hastings paid first-years $130,000 in 2007, the rate established by last spring’s round of pay raises. The firm had delayed unveiling its response to the increase to $145,000 triggered by Alston & Bird in August (with smaller raises up the classes) until now.

Paul Hastings’ new pay scale goes from $160,000 for first-years — the current market rate for first-years in more expensive cities such as Washington, Chicago, Los Angeles and New York — to $215,000 for seventh-years.

By comparison, King & Spalding announced in October a 2008 scale starting at $145,000 for first-years and going to $195,000 for seventh-years. At that time, King & Spalding established a richer bonus system, which upped pay for first-years receiving bonuses to $152,500, and star seven-years to as high as $250,000.

Paul Hastings does not calculate bonuses until after the end of its fiscal year, so associate bonuses correlating to 2008 compensation will not be determined until the end of February 2009, said Philip J. Marzetti, the firm’s Atlanta managing partner.

More excerpts and discussion, after the jump.

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Nationwide Pay Raise Watch: King & Spalding

By David Lat

King Spalding LLP logo Abovethelaw Above the Law blog.jpgEarlier today, King & Spalding announced the rest of its new associate pay scale, which will take effect on January 1, 2008. The firm had previously announced a starting salary for first-year associates of $145,000.
In terms of base salary, the K&S scale is similar to the Alston & Bird scale, but slightly better from year 4 through year 7 (to the tune of a few thousand dollars a year). The KS scheme also provides for a fixed bonus at 2050 billable hours (including up to 50 pro bono hours), starting at $7,500 for first years and going up to a range of $30,000-$55,000 for seventh years.
Additional bonuses, both for hours and for “significant non-billable contributions to the firm,” remain available. Memo and table, after the jump.

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Fall Recruiting Open Thread: Vault 41-45

By David Lat

Quinn Emanuel Urquhart Oliver Hedges Manulife Tower 865 S Figueroa St Above the Law blog.jpgWe’re pressing on with our series of open threads on Vault 100 law firms. We know that some of you are eager to discuss firms ranked in the 70′s, and we don’t want to disappoint you.
And a quick word from one of our sponsors, ATL’s Career Partner, Lateral Link:

“Lateral Link provides free access to the Vault firm information/career guides. Readers can get free access to the full information on our site as part of our career center.”

Without further ado, here are the five firms for this afternoon (in Vault 100 order, prestige scores in parentheses):

41. King & Spalding LLP (6.183)
42. Morgan, Lewis & Bockius LLP (6.099)
43. Quinn Emanuel Urquhart Oliver & Hedges LLP (6.080)
44. Baker & McKenzie (6.079)
45. Baker Botts LLP (6.061)

Please discuss them in the comments. Thanks.
The Vault Top 100 Law Firms [Vault]
Earlier: Vault 1-5; Vault 6-10; Vault 11-15; Vault 16-20; Vault 21-25; Vault 26-30; Vault 31-35; Vault 36-40