Labor / Employment

The law firm of Seyfarth Shaw, known for its labor and employment expertise, just released its tenth annual Workplace Class Action Litigation Report. The report details the important trends in workplace litigation going into 2014 and analyzes “1,123 class action rulings on a circuit-by-circuit and state-by-state basis.”

The verdict, in a nutshell, is that the Supreme Court has bent over backward to protect businesses from these suits, but they still come up… and one category of workplace suit is even growing exponentially. Any guesses?

So what are businesses going to face out there this year?

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* Mayor Bloomberg is filing suit to overturn New York’s Living Wage law, because wasting a bunch of money pursuing a lawsuit for the last two weeks of his term is the kind of efficiency he brings to the table as a biznessmun. [DNAInfo]

* Judge Richard Leon puts the NSA metadata surveillance program on ice. Looks like someone’s going to get bugged. [Slate]

* Someone’s asking for a fake college transcript in Baton Rouge. Pretty sure LSU’s athletic department could give you a hand. [Law and More]

* Considering the polygamy ruling in Utah, here’s an interesting analysis of the constitutionality of bestiality laws. This seems like an appropriate place to link this song about a guy who broke into the Lincoln Park zoo in Chicago. [The Volokh Conspiracy]

* Here’s a fun game: replace the name of the school and the course of study and marvel at how easily it could pass for an article Elie wrote. [Huffington Post]

* These folks got smacked with a cybersquatting charge because they used a logical domain name to publicize an ongoing dispute. It’s a lot easier to sue people than to build a solid home. [IT-Lex]

* In sad news, the victim in a recent carjacking-related killing was Dustin Friedland, a Syracuse law grad whose wife Jamie, also a lawyer, worked with Adam Leitman Bailey. Our thoughts are with the Friedland family. [NY Daily News]

* The Beastie Boys are suing GoldieBlox over the latter’s viral ad set to a parody of “Girls.” Unlike GoldieBlox, NYU Law professor Chris Sprigman doesn’t need an elaborate Rube Goldberg machine to burst the Beastie Boys’ bubble. Video embedded after the jump… [Bloomberg Law via YouTube]

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As mentioned in yesterday’s Morning Docket, William Henig’s case against Quinn Emanuel has survived a Motion to Dismiss. For those of you that haven’t been following this case closely, Henig is the contract attorney-cum-plaintiff suing Quinn for overtime under the Fair Labor Standards Act and New York State law claiming the document review work he was hired to perform does not amount to the practice of law.

While Staci is correct — we humble peasants are rejoicing — I wouldn’t start mentally cashing those back OT checks just yet…

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Yeardley Love

* “This should be a red flag for everyone in legal education and the law firm world.” According to NALP, the percentage of women associates has dropped for the fourth consecutive year. That’s just lovely. [National Law Journal]

* Next summer, the co-CEOs of Hogan Lovells from legacy firms Hogan & Hartson and Lovells will make way for a single CEO structure. If approved by vote, Stephen Immelt will be in charge. Congratulations! [Am Law Daily]

* And the peasants rejoiced, for one of the FLSA overtime suits filed by a document review attorney has survived a motion to dismiss. Quinn Emanuel must have been genuinely shocked by this judge’s ruling. [Am Law Daily]

* “One thing we understand is law and economics.” Yet another law school finally, finally gets it. George Mason University School of Law has agreed to freeze its tuition — for the time being. We may have more on this development later today. [InTheCapital]

* George Huguely V, the UVA LAX bro convicted of killing his ex-girlfriend, has got one hell of a lawyer. Paul Clement is arguing his client’s right to counsel was violated at trial. [Richmond Times-Dispatch]

This coming Friday, it is the inalienable right of all Americans to sleep off their hangovers, or riot at Walmart, or do anything at all rather than work for The Man. But Biglaw is a different country. As illustrated by Elie’s decision matrix, the “choice” of whether to work on this sacred day is, for the denizens of the law firm world, fraught with other pressures and expectations. We all know that Biglaw careers demand a Faustian bargain: in return for their fat paychecks (and bonuses?), lawyers are expected to work grueling, unpredictable hours. This time of year, that reality is brought into sharp relief: the “holiday season,” with those “family obligations” and so forth, is something that occurs elsewhere.

But law firm billable expectations are not homogeneous. There are significant differences across practice areas, seniority levels, and, of course, individual firms. So how do the various practices, employment statuses, and firms stack up?

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Juan Monteverde and Alexandra Marchuk

Alexandra Marchuk’s lawsuit against her former employer, Faruqi & Faruqi, and one of its top partners, Juan Monteverde, marches on. And this time the Faruqis are playing offense.

We previously noted the firm’s attempt to make Marchuk look like a bunny boiler — a mentally unstable young woman who was obsessed with Monteverde, the man whom she claims harassed her. And it looks like the firm is sticking to this strategy, trying to call into question Marchuk’s mental health.

Let’s take a look at their latest motion….

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Everyone enjoys the law firm gone bad. Think Wolfram & Hart; Bendini, Lambert & Locke; whatever the firm was that Devil was in charge of… Cravath? All right, it was really Milton, Chadwick & Waters, but whatever. The lawyer-hating masses like to see their biases lived out in the extreme, and lawyers enjoy the competence porn of thinking a law firm can really have an evil master plan. But these firms only exist in fiction, right?

So what the hell is going on with this firm?

Accusations are flying that this law practice was massively overfilling clients, instructing clients to harass and intimidate government officials, tailing people with P.I.s to accuse folks of traffic violations, and bugging people’s cars with GPS trackers.

It’s not plotting to birth the Antichrist, but it definitely sounds like bad news…

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Dean Lawrence Mitchell

These are not rhetorical questions. We expect candor from the university we hired to educate us. As future lawyers, we won’t accept a Potemkin village and will see through any façade erected to make us feel that all is well. Reminding us that there is a new curriculum (which doesn’t seem to amount to more than shifting around the furniture on the Titanic) will not make us look away from the real issues.

– Editors of The Docket, the student newspaper of Case Western Reserve University School of Law, in an editorial entitled Some Hard Questions for President Snyder, posing queries to university administrators about the retaliation lawsuit filed by Professor Raymond Ku against Dean Lawrence Mitchell (who is now on leave).

‘Don’t worry babe, this woman does not exist.’

I’m not surprised that Ashley Madison, the dating website for married people who want to have an affair but apparently lack confidence or creativity, is successful. There is nothing more desperate and gullible than an unhappily married person. I mean, happily married people are basically hollowed-out ghosts who can’t order a meal without discussing it in committee. Unhappily married people treat every social event like their last night on Earth, get sloppy drunk, and try to hook up with any co-worker or friend who shows them the slightest bit of affection. There’s a big difference between a homewrecker and a building inspector who simply acknowledges a home as “condemned.”

But let’s be clear, nobody wants to have meaningless sex with a middle-aged, unhappily married man, except: middle-aged, unhappily married women, 20-somethings with Daddy issues, goldiggers and crackwhores, and bridesmaids you meet at vacation/destination weddings. That’s the complete list. Ashley Madison is built on the nearly total lie that there are attractive women looking to bang married men who need to go online to find them as opposed to any bar anywhere in America at all times.

There’s nothing illegal about inducing men to pay money to interact with people who have pretty pictures and can talk dirty, even if those people are employees who are probably unattractive and have no intention of actually meeting and having sex with you anyway. The “party line” industry has been thriving for years. But Ashley Madison might want to settle with their employees who make up fake profiles, before some sad recently divorced dude with nothing to lose sues them for fraud…

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Dean Lawrence Mitchell

When Dean Lawrence E. Mitchell of Case Western Reserve University School of Law announced earlier this week that he was taking a temporary leave of absence, we offered two theories about why. The first was that the university wanted to remove him from his post so it could conduct an independent investigation of the allegations made against him in a lawsuit by Professor Raymond Ku. The second was that Dean Mitchell wanted to devote his full time and energy to fighting Professor Ku’s lawsuit, which claims that the dean retaliated against Professor Ku after Ku reported alleged sexual harassment by the dean to university officials.

Of these two theories, the second is probably closer to the truth. Through his lawyers, Dean Mitchell is fighting back — hard — and the university seems to be supporting him all the way.

Since we’ve devoted extensive coverage to the allegations of the lawsuit against Dean Mitchell, let’s now hear the arguments defending him (and attacking Professor Ku). Some of them have been made by Dean Mitchell’s lawyers and the university, and some come from Case Western students and faculty members with whom we have communicated. They paint a most interesting picture….

(Please note the UPDATE added to the end of this post, a message just sent out to Case alumni by President Barbara R. Snyder.)

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