King & Spalding

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

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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.

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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

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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).

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

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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

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[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).

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

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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

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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]

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Judges Making More of a Case for E-Discovery Sanctions

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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

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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)

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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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