* Former top Pentagon lawyer Jeh Johnson previously told us he was done with public service, but when the president asks you to join the Cabinet, it’s kind of hard to say no. Plus this Paul Weiss partner is filthy rich, so he can secure our Homeland any day. [Washington Post]
* Earlier this year, Gibson Dunn appointed a seventh-year associate as the firm’s first ever global pro bono director. We wish her the very best of luck as she tries to make lawyers do work for free. That can be a really tough sell in Biglaw. [Am Law Daily]
* Law school rankings existed long before U.S. News was even conceived of, and they broke schools into two lists: those that matter, and those without the “slightest significance.” Sick burn. [National Law Journal]
* Arizona Law alumni really don’t need to worry themselves about the fact that the school’s servers were hacked. Come on, your credit couldn’t be much worse than it already is with all that debt. [KVOA News 4]
* Lady Gaga is nearing settlement with a disgruntled ex-employee, which is too bad, because we were dying to see her get on the stand. The dropping of F-bombs would’ve been fabulous. [New York Post]
I think we all saw this day coming. Supreme Court Justice Samuel Alito certainly did. Last term, Alito’s holding in Vance v. Ball State essentially announced that it was open season on women you work with as long as you are not their direct superior. Thanks to “Alito time,” you can now sexually harass pretty much any woman at the office so long as she doesn’t directly report to you, without getting your employer in trouble.
And sure, while it might be fun to sexually harass your boss’s secretary, asking female colleagues to “touch it” is not without its dangers. In this crazy world, the female object of your desire might one day become your boss, or something similarly ridiculous. And who really wants to feel up a career-oriented co-worker anyway? Even if she can’t sue the company, she’s probably just going to be bitch about it in some uncool fashion anyway.
No, the gold standard for harassing people at work are the young, nubile, and generally helpless interns. They’re the ones who can’t really even complain about it. They’re the ones who might take your creepy advances as a career opportunity. And now, according to a New York judge, you can do pretty much anything you want to them, so long as they are so desperate as to be working for your company for free….
Who can we pick on if not weak heterosexual males? Who can we make fun of? Who can we bring to tears without fear of a lawsuit as we try to brighten our workdays?
In a modern professional workplace, you rightly can no longer make fun of gay people. It’s not cool to make someone feel bad about their sexuality as they try to go about their business. You can’t make fun of women, lest your taunting piles onto all the hurdles they must overcome. You can’t make fun of minorities, or the disabled, or the mentally ill who might take your ouchy words as justification for killing themselves.
In this context, the effeminate heterosexual male is all we have left. Work stinks. You have to deal with all kinds of BS. Making fun of the dude with sand in his vagina is how real men handle their wage slavery.
But now, the Fifth Circuit is trying to take that away from us. The judges ruled that an iron worker (!!!) was right to sue like a little bitch and recover because his boss made fun of his “non-manly” nature. It’s a sad day for bros everywhere…
In our last story about Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, we noted the acrimonious nature of the dispute: “The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.”
When we last checked in on the case, Marchuk’s lawyers announced their intent to seek sanctions against the defendants. The basis for that move: the defendants’ counterclaims against Marchuk, alleging that she defamed the defendants by creating or helping to create an anonymous Gmail account that was used to disseminate her lawsuit over email. Marchuk’s lawyers denied that their client emailed her complaint around and said that they would seek sanctions from the defendants for the “frivolous and abusive” counterclaims — which sought a whopping $15 million from Marchuk.
Until now, the stakes have only gotten higher and higher. But today brings word of a possible de-escalation in this hard-fought battle….
Each year, Corporate Counsel compiles a list of the law firms that Fortune 100 companies use as outside counsel. This year, to change things up a bit, it seems like the list has been expanded to cover the entire Fortune 500. From Apple to Yahoo, and every billion-dollar company in between, these corporate clients expect nothing short of the best in terms of legal representation when dealing with high-stakes litigation and deals. If you’re looking to line your firm’s pockets, you better head to the RFP line when these companies seek lawyers.
Up until last year, only the most prominent Biglaw firms (like Cleary, Davis Polk, Cravath, and Simpson Thacher) topped the list of those that had the pleasure of doing business with the country’s biggest companies. Things changed rapidly, however, when Big Business tried to cash in on deals for legal services. The firms that were willing to cave to the pressure of providing alternative fee arrangements won in a big way, and the rest were left in the dust.
Have these prestigious firms changed their ways? Is Corporate America again willing to open its fat wallet for them? Let’s find out…
* If you care about the business end of the law, you’ll want to see which firms are representing Corporate America. This is a list that matters. We’ll have more on this later today. [Corporate Counsel]
* Biglaw firms in Chicago are shrinking, with headcount at the 25 largest firms dropping by 15 percent since 2008. Don’t worry, this is the “new normal,” everything’s fine. [Crain's Chicago Business]
* Show me your poker face: UNLV Law’s dean wants to raise the school’s profile in the eyes of new students by bulking up its gaming law program and letting the chips fall where they may. [Las Vegas Sun]
* It looks like the wage and hour ruling against Rick’s Cabaret has started an avalanche of lawsuits filed by angry, underpaid strippers. Now, they want $10 million inserted into their g-strings. [New York Daily News]
The old saying goes, “you can’t judge a book by its cover,” and it usually preaches that people are different on the inside, and generally for the better. That’s kind of a stupid saying when you think about it because a cover is an image specifically selected by the author and a publisher to entice people to read the book. It’s designed to reflect the book. If anything, a cover misleads the consumer into buying a book that’s not as good as the cover. So if you’re judging a book by its cover, there is only a risk that the reality is going to be worse.
This is all a roundabout way of pointing out that a business structured around a couple of guys who affirmatively choose to dress up like evil clowns and sing “F**k Celine Dion and f**k Dionne Warwick, you both make me sick, suck my dick,” have been sued for sexual harassment.
The allegations are kind of crazy, and claim other criminality as well….
The American Bar Association is out there, fighting for the rights of law students to labor without pay. Wait, that doesn’t sound right. Maybe that sentence should go, “The American Bar Association is out there, fighting for the rights of legal employers to not pay their laborers.” Yes, that makes much more sense.
The Department of Labor sent a letter to the ABA, assuring the organization that hiring unpaid law students to do pro bono work is totally fine. This news makes the ABA happy for some reason. The ABA applauds the Labor Department declaration because of something about “service” and “experience” and other things that sound really nice when you can already pay your bills…
* You skip over the footnotes when you’re reading for class, but Justice Ruth Bader Ginsburg doesn’t think you should. She’s a proponent of the most important footnote in all of constitutional law. [New Yorker]
* New York will modify its pro bono requirement for LL.M. students to allow public service completed outside the country. Well, so much for closing the state’s justice gap. [New York Law Journal (sub. req.)]
* Everything’s bigger in Texas, including the government-initiated trademark infringement actions over “Don’t Mess With Texas.” Like “I <3 NY," the Lone Star State's slogans are off limits. [New York Times]
* You can sue Lady Gaga for overtime pay all you want, but you do not want to face her wrath. The pop star is due in court in early November where she’ll tell a judge “exactly what f**king happened.” [Daily Mail]
Many discrimination cases brought against law firms end in quiet settlements. But I suspect that Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, could go the distance and make it to trial.
Why? The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.
Consider the latest move in the case, a declaration of intent to seek sanctions….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.