When I was a kid, before most of you were born, there were ads during Saturday morning cartoons for a program called “RIF” -– an acronym for Reading is Fundamental. Started in 1966 in Washington, D.C., it is supposedly one of the oldest non-profit educational programs in existence. I mentioned RIFs in my last column, and trust me, in the corporate world, RIFs are not altruistic attempts to get at-risk youth to read.
RIF stands for reduction in force – layoffs, terminations, downsizing, etc. A RIF can take various forms, a V-RIF, or voluntary reduction in force, is when a company offers early retirement or severance packages to certain employees. These are usually offered as a first attempt to reduce work force numbers, and they are the cleanest way to lower the population. At the other end of the spectrum is the I–RIF, or involuntary reduction in force. The term is self-defining.
I stated before that I have witnessed an IRIF period, and that it was awful. By “awful,” I meant that seeing people let go from their jobs was uncomfortable for me, having come from private practice where such reductions were not (at the time) as publicized as they are today. My company handled the situation with as much grace as could be expected, and I honestly believed our then-CEO when she stated that the dignity of our people was at the forefront of how the reduction would take place….
Continue reading “House Rules: RIF is a Four-Letter Acronym”
I recently participated in a Room for Debate forum for the New York Times on the controversial subject of unpaid internships. Critics of these positions argue that such exploitative arrangements contribute to “constricted social and professional mobility, growing inequality, and an economy whose top tier is becoming less and less diverse” (in the words of Ross Perlin, author of Intern Nation: How to Earn Nothing and Learn Little in the Brave New Economy).
In my contribution, I offer a measured defense of unpaid internships — of the non-abusive variety, in which the intern receives a valuable learning experience (and doesn’t just do scut work) — and also a defense of the status quo (under which most unpaid internships are technically illegal, but enforcement isn’t super-vigorous). You can read my NYT piece here (or on page 9 of yesterday’s Sunday Review section, if you’re a print person). You can also read a piece by Camille Olson, a labor and employment partner at Seyfarth Shaw, over here (focusing on the legal aspects of unpaid internships, and offering general guidelines to companies considering them).
Speaking of interns, Above the Law is looking for one — a paid intern, for the record. Details appear below, along with general information about our hiring needs, and our policy on guest posts or outside contributions….
Continue reading “On the Legality of Unpaid Internships
(And: ATL seeks a paid intern.)“
This week, Lateral Link Director Scott Hodes gives us some insight into the increase in lateral hirings in the Empire State of the South.
Atlanta has emerged as one of the best lateral associate markets in the country. While 2009 was slow as in most markets, 2010 signaled a comeback, and 2011 confirmed the upward trend.
Corporate and litigation positions represented the largest amount of lateral openings, which is fairly typical in large markets. Corporate positions seemed to peak in the second and third quarters, while litigation was fairly steady throughout the year. There was also a huge boom in intellectual property positions, especially in the last three quarters, followed not too far behind by labor and employment, which remained steady throughout 2011….
Continue reading “Career Center: State of the Market – Atlanta”
Gregory Berry
As mentioned briefly yesterday, a New York state court judge just dismissed the celebrated lawsuit of Berry v. Kasowitz Benson. As you may recall, a former Kasowitz first-year associate named Gregory Berry, who entered the legal profession after “conquering Silicon Valley,” sued his former firm for over $77 million. In his kitchen sink of a complaint, filed pro se, Berry tossed in some 14 causes of action, including wrongful termination, fraud, and breach of contract.
It appears that Berry’s “superior legal mind” failed to impress Justice Eileen Bransten of New York Supreme Court. Ruling from the bench, she dismissed his entire case, with prejudice.
But that’s not all. Her Honor was displeased when Greg Berry walked out of her courtroom before the hearing was over, while she was still putting her ruling on the record. So later this month, he’ll have to appear before Justice Bransten again and explain why he shouldn’t be held in contempt….
Continue reading “Berry v. Kasowitz Benson: Superior Legal Mind Fails to Conquer”
He grows strong off the tears of fired workers.
* There’s a new chief legal officer at Morgan Stanley: Eric Grossman, a former Davis Polk partner, replaces Frank Barron, a former Cravath partner (who joined Morgan Stanley not that long ago; if you know more about this odd situation, email us). [Bloomberg Businessweek]
* Will anybody be surprised if it turns out that Ron Paul likes to fire people too? [Politico]
* Et tu, Bill Kristol? [Weekly Standard]
* How will Citizens United affect the political process? We’re starting to find out. [WSJ Law Blog]
Chief Judge Alex Kozinski
* How often does a federal judge get a shout-out in the announcement of a pop music group’s tour? [The Music Network]
* Or how often does a federal judge go on tour with his own band? [Patently-O]
* Maybe the NLRB should stay the course on protecting employees’ rights to organize themselves using social media. [LexisNexis / Labor & Employment Law]
* Most people will just ignore the balanced budget amendment as proposed by Chuck Woolery (yes, that Chuck Woolery), but on the off chance that somebody actually says to you, “You know, Chuck Woolery has some really good ideas,” here’s somebody who took the time to smack the Chuckster down. [Recess Appointment]
Remember how everyone used say, “Don’t post anything on Facebook you wouldn’t want your boss to see. But if you do, just make sure you set your privacy settings so that your boss can’t see.”
Well, things have changed. Now, when companies enter workman’s compensation or personal injury litigation, courts will sometimes order discovery on password-protected Facebook information.
On Thursday, a New York appeals court ruled that a company could not see the plaintiff’s protected data, but not simply because it was private. Let’s see what happened…
Continue reading “New York Court Says Sometimes Facebook Info Might Actually Be Private”
What do Proskauer Rose and Ropes & Gray have in common (besides the seven shared letters in their firm names)?
- They are both leading law firms.
- They both have major presences, their two biggest offices, in New York and Boston.
- They both have blue and gray in their logos.
- And they are both involved in litigation with former employees claiming employment discrimination.
Let’s take a look at the latest news — a fresh lawsuit filed against Proskauer, and updates in a lawsuit against Ropes that we’ve previously covered….
Continue reading “Biglaw Discrimination Lawsuit Potpourri: Proskauer Rose and Ropes & Gray”
Gregory Berry
Kasowitz Benson comes to bury Berry, not to praise him. The firm has moved to dismiss the $77 million lawsuit filed against it by Gregory S. Berry, the former first-year associate at Kasowitz who claimed that the firm wrongfully terminated his employment due to its inability to handle his “superior legal mind.” Berry also alleged fraud, breach of contract, and a host of other claims.
On Wednesday, Kasowitz Benson filed its motion to dismiss Gregory Berry’s complaint, accompanied by a 22-page memorandum of law. The firm’s brief is fairly straightforward, advancing the arguments you’d expect it to make.
But there are a few fun tidbits here and there. Let’s have a look, shall we?
Continue reading “Berry v. Kasowitz Benson: The Empire Strikes Back”
Many litigators have a bias against settlement. It’s understandable. There’s no glamor in settling cases. No one is ever going to make a TV show called “The Settler,” about a young but scrappy underdog lawyer who fiercely negotiates tough-but-fair settlement agreements and always remembers to allow a 21-day waiting period if the plaintiff is 40 or over. (On second thought … better call my agent.)
Forget TV and movies. No lawyer has ever come home with the exciting news about settling a lawsuit (at least, no defense lawyer). “Honey, I settled the Devens case!” “That’s great, dear. Now go mow the lawn.”
In the midnineties, I was a junior associate working on a contentious sexual-harassment case. While we were able to win partial summary judgment, the main claims headed to trial in federal court. During the negotiations before the trial, the partner from my firm had a conversation with the plaintiff’s lawyer, who was that sort of rough-around-the-edges attorney who prided himself on spending a lot of time in the courthouse.
Looking to put my boss in place, the guy took a shot at our firm’s litigation style. Here’s what he said …
Continue reading “Small Firms, Big Lawyers: Real Lawyers Settle Cases”
As we mentioned in Morning Docket, a San Francisco appeals court decided that law clerks still waiting to pass the bar are ineligible for overtime pay.
Yay, sanity.
Oh, I know struggling law grads out there are eager to wring every last penny they can out of their employers. But if you step back and think about it, paying law clerks overtime is just stupid. The nature of the work doesn’t lend itself to an overtime compensation structure — to say nothing of the fact that the client who paid time-and-a-half for “overtime” legal work would be the dumbest client ever.
Sorry, law clerks. Even though many of you don’t use it, you guys have way too much independent discretion to get overtime….
Continue reading “Silly Lawyer, Overtime Is For Kids”
Juliette Youngblood and Morgan Chu
Last month, Juliette Youngblood, an ex-partner at the elite California law firm of Irell & Manella, filed suit against her former firm. In her lawsuit for sex discrimination and wrongful termination, Youngblood advanced a whole host of salacious allegations — including a report of sexual harassment by Morgan Chu, arguably the nation’s #1 intellectual-property litigator.
Irell did not respond to the lawsuit at the time. Now it has, in a blistering 22-page filing that calls Youngblood’s claims “meritless” and “utterly false, complete fabrications manufactured out of whole cloth.”
What does the firm have to say about the specific claims made by Youngblood — such as the allegation that a drunken Morgan Chu made inappropriate and offensive comments to her at a firm happy hour, including remarks about her physical appearance and about “objects entering [Youngblood's] body”?
And what do ATL sources, including readers familiar with both Youngblood and Irell, think of the situation?
Continue reading “Youngblood v. Irell & Manella: The Law Firm Fights Back
Firm denies claims and moves for arbitration.“
It’s time to announce the winner of our most recent caption contest, involving a photograph taken at New York Law School….
Continue reading “Caption Contest Winner: New York Law School”
Morgan Chu
Legendary litigator Morgan Chu, former managing partner and current litigation chair at Irell & Manella, is one of the nation’s top intellectual-property attorneys and trial lawyers. He has tried multiple IP cases to nine-figure jury verdicts, and he has earned every professional accolade under the sun (see his Irell website bio). He is arguably the nation’s #1 IP litigator. (If you disagree, make your case for someone else in the comments.)
And now Morgan Chu is the subject of sexual-harassment allegations. In a lawsuit filed in California Superior Court on Friday, former Irell partner Juliette Youngblood alleges that Chu sexually harassed her, then retaliated against her after she rejected his advances.
Morgan Chu is widely admired — at Irell, where his rainmaking monsoon-making helps generate robust partner profits (over $2.9 million in PPP in 2010), as well as above-market associate bonuses; in IP litigation circles, where he is a fearsome adversary; and among Asian-American lawyers, where he stands as proof that we can excel at litigation as well as transactional work.
It’s hard to believe that such a beloved figure has been hit with such salacious allegations (which we must emphasize are mere allegations at this point, nothing more). But let’s forge ahead and check them out — along with the pertly pretty plaintiff who is making them….
Continue reading “Lawsuit of the Day: Youngblood v. Irell & Manella
Former partner alleges sexual harassment by Morgan Chu.“
Back in November 2010, we reported on the lawsuit of Nelson v. Jones Day. Plaintiff Jaki Nelson, an African-American woman who worked as a legal secretary in the Los Angeles office of Jones Day, sued the firm, alleging race-based discrimination, harassment, retaliation, and infliction of emotional distress. In her lawsuit, Nelson made some rather lurid allegations.
Allegations that, it appears, were lacking in merit. The case has been dismissed.
Let’s learn more — and see what the firm has to say about the dismissal….
Continue reading “Nelson v. Jones Day: Case Dismissed”
We just learned, via the SCOTUSblog liveblog of today’s proceedings at the Supreme Court, that Wal-Mart v. Dukes has been decided. Here is some background about the case, one of the most closely watched of this Term, and here is the opinion of the Court.
Justice Scalia wrote the opinion of the Court, which was joined in its entirety by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. SCOTUS reversed the Ninth Circuit and held that class action certification should not have been granted in this case, brought on behalf of hundreds of thousands of female Wal-Mart employees who alleged a pattern and practice of pay and promotion discrimination by the giant retailer.
Justice Ginsburg filed an opinion concurring in part and dissenting in part, which was joined by Justices Breyer, Sotomayor, and Kagan. What did RBG have to say?
Continue reading “Supreme Court Rejects Nationwide Class Action Against Wal-Mart”
I’m under the impression that many of our readers are looking for a new job, or at least thinking about it. Some of you are still in law school and haven’t lined something up yet. Others have been laid off by a firm and are trying to find a replacement gig. Still others are unhappy in their current situations, and are contemplating something better. But how many of you know what you’re looking for?
I mentioned earlier that I’ve given a lot of informational interviews in the past. I do believe that it’s the most effective and most overlooked job-search tool going. But I’m often struck by how many people I meet — especially law students — who already know what type of law they want to practice. I certainly didn’t when I was in school; I became an employment lawyer because an employment-law firm offered me a job. I marvel at 1Ls and 2Ls who already know what type of lawyer they want to be when they grow up.
Knowing this has its benefits: it can help you direct your career path. But it has its disadvantages, too. It can seriously limit your job opportunities.
Here’s how to handle that problem.…
Continue reading “Small Firms, Big Lawyers: You Know What Kind of Law You Want to Practice. Now What?”
