Labor / Employment

Lady Gaga

* 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]

* WUSTL Law Dean Kent Syverud didn’t mind advocating for halving professors’ salaries. He just stepped down to become Syracuse University’s president — for much higher pay. [National Law Journal (sub. req.)]

* 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]

Juan Monteverde and Alexandra Marchuk

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….

double red triangle arrows Continue reading “Alexandra Marchuk v. Faruqi & Faruqi: Seeking Sanctions”

* Earlier this week, Verizon faced off against the Federal Communications Commission in a net neutrality battle royal before the D.C. Circuit. Next time, make FiOS work before trying to get a do-over on the way the internet runs. [New York Times]

* “I see my job as an air traffic controller. And I see an unending line of airplanes.” Federal judges are buckling under the heavy weight of their caseloads, and from the sound of it, they’re not at all happy about the situation. [National Law Journal (sub. req.)]

* Which Biglaw firms strike the most fear into the hearts of their opponents when it comes to litigation? One firm got the boot from last year’s list, and we’ll have more on this later today. [Law360 (sub. req.)]

* Duane Morris is the first U.S. firm to open an office in Myanmar on some prime real estate. Be jealous of their associates as they bask in the splendor of its beautiful architecture. [Philadelphia Business Journal]

* A trio of Quinn Emanuel partners, including John Quinn himself, teamed up to open a high-class sushi joint in L.A. If he waits tables, he’ll definitely need someone to break a hundred. [Am Law Daily (sub. req.)]

* The Sixth Circuit affirmed the dismissal of a former student’s suit against Thomas M. Cooley Law School, and now he’ll have to live with shame for all eternity after being branded a cheater. [Law360 (sub. req.)]

* Strippers aren’t independent contractors, they’re employees entitled to minimum wage, says a judge. Taking off their clothes for only $7.25 an hour will do wonders for their self-esteem. [New York Daily News]

* Lady Gaga is being taken to trial over the wage-and-hour lawsuit filed by her former personal assistant. We wonder if the pop star will be as foul-mouthed on the stand as she was in her deposition. [ABC News]

Words are like bullets.

There’s a great episode of 30 Rock where Twofer (the black character who went to Harvard) gets offended when Tracy Morgan (the black character who did not go to Harvard) says “the n-word” to him, colloquially, as black people allegedly say to each other based on movies and music. Twofer threatens to sue Tracy Morgan for workplace harassment, while Tracy argues that it’s okay for black people to use the word. Then there’s a great, great scene where Tina Fey, Alec Baldwin, and Tracy Morgan try to get Twofer to say the word too.

It doesn’t go well. He says it, Morgan threatens to punch him, and Fey says, “It just sounds so hateful coming from you.” The scene pretty much explains why I personally don’t use the word. I don’t say it around white people, I don’t say it to other black people, I don’t use it when I’m getting a haircut, and I don’t use it around the dinner table with my family at Thanksgiving. It’s not a word that I can “pull off” (I can pull it off in writing when I use it ironically, I think), and I’m totally okay with that.

Don’t get me wrong, I’m not one of those people who sees intense hypocrisy in the fact that some black people can and do pull it off while no white person (outside of Louie C.K. and maybe Bill Maher) is allowed to try. White people got a 400-year head start in the New World, and black people can deploy an extra noun when listening to Jay-Z. There are greater tragedies.

But the N-word is not a “professional” word, and I don’t think it should be used in that context. It doesn’t matter if you are black or white or from whatever racist planet Rush Limbaugh is from. At the point where you are using the n-word to talk to your employees, you need to help yourself to a thesaurus.

Apparently, there’s a jury of my peers who agrees with me…

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Tico Almeida

[E]ven the most disgusting criminals should have access to counsel when they violate the law, and Exxon’s shareholders will now pay big bucks for Seyfarth’s lawyers, who are probably some of the most expensive corporate defense lawyers in the country. But I don’t think there’s any need for Seyfarth to run up their billable hours since Freedom to Work would like to settle the case today.

Tico Almeida, founder and president of Freedom to Work, commenting on Seyfarth Shaw’s decision to defend a case alleging anti-gay bias at Exxon Mobil — one of the few Fortune 500 companies that lacks a written nondiscrimination policy prohibiting discrimination on the basis of sexual orientation.

(Will Seyfarth come to regret this case? Let’s discuss….)

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Look, it’s a tough economy, you take your good news where you can get it.

The Bureau of Labor Statistics released a report called “The Census of Fatal Occupational Injuries.” What a great euphemism for the “Workplace Death Files.”

It turns out the most dangerous jobs really are logging and fishing. Transportation accidents also account for the highest rate of fatal at-work accidents. That means that reality shows like Ax Men, Deadliest Catch, and Ice Road Truckers are actually about pussies who don’t do their jobs in a very hard-core way, otherwise there would be at least one on-screen death per season.

Lawyers have the safest jobs, according to this report. So I guess we’re not counting “suicide” as a workplace accident….

double red triangle arrows Continue reading “Lawyer Perk Watch: Attorneys Unlikely To Die Horribly At Work!”

Juan Monteverde and Alexandra Marchuk

I just finished reading Gone Girl (affiliate link), the riveting and disturbing novel by Gillian Flynn. It brilliantly demonstrates, in a way that lawyers can appreciate, how the exact same set of events can be explained in radically different ways.

Given its focus on fighting, in terms of the war between the sexes and the battle for the truth, Gone Girl was appropriate to read in between the latest filings in Marchuk v. Faruqi & Faruqi. The salacious sexual harassment lawsuit has the entire legal world talking.

Yesterday we wrote about Alexandra Marchuk’s second amended complaint. Now let’s dive into the answer, filed with impressive swiftness after the complaint, which paints a very different picture of events and of the plaintiff….

double red triangle arrows Continue reading “Alexandra Marchuk v. Faruqi & Faruqi: The ‘He Said, She Said’ Battle Rages On”

Juan Monteverde and Alexandra Marchuk

Alexandra Marchuk’s high-profile discrimination lawsuit, Marchuk v. Faruqi & Faruqi, continues to escalate. She filed her initial complaint against F&F and partner Juan Monteverde in March of this year, the firm fired back with counterclaims in April, and Marchuk amended her complaint later that month.

Last week, Marchuk filed a second amended complaint in the case. It contains some juicy new allegations, including some that refer to what discovery has supposedly unearthed so far….

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[W]ith self-biting candor, I must acknowledge an undeniably deeper flaw in my scholarship. My goal was to capture the minds, if not hearts, of real world decision-makers in my field…. This proved, alas, to be the deepest debacle of my life as a professor. My labor law articles sank like whale excrement in the seas of jurisprudence, and the most I’ve ever mustered is a solitary citation by a state court judge.

– Professor John W. Teeter Jr. of St. Mary’s University School of Law, in a law review article entitled Perils and Pontifications: Reflections on the Failures and Joys of a Law Teacher (via TaxProf Blog).

(Read on for more commentary from the brutally honest Professor Teeter….)

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Ed. note: This is the latest installment in a series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” takes a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.

We continue our taxonomy of law firms with a term I’ve borrowed shamelessly from the retail industry, “Category Killers.” In retail, these have traditionally been Big Box stores with exhaustive inventory and wickedly competitive prices on one deep “vertical” category of merchandise:

  • Home Depot and Lowe’s
  • Toys ‘R Us, Linens ‘R Us, Attorneys ‘R Us
  • Bed Bath & Beyond and The Container Store
  • Petco and Petland
  • Staples and Office Depot

You get the idea. The most salient characteristic of this model is that it works. If you doubt me, then I have to ask if you disbelieve the famous phrase, “imitation is the sincerest form of flattery,” because the concept of category killer retail stores has spread far and wide from its initial roots.

As I use it in Law Land, it means a firm that has the following characteristics…

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