Labor / Employment

Experience doesn’t pay the rent.

The ABA agrees that exploitation of law students and other interns is unacceptable; however, the FLSA uncertainty inhibits law firms from offering students the opportunity to work on pro bono matters in a real-life practice setting. …

Furthermore, in the current economic climate with shrunken employment opportunities for law school graduates, hindering the ability of law students and recent graduates to work side-by-side with experienced lawyers who could provide both strong mentoring and favorable substantive references unnecessarily reduces access for future employment prospects.

Laurel Bellows, president of the American Bar Association, in a letter to the U.S. Department of Labor endorsing the use by private law firms of unpaid law student and graduate labor.

(Absurd and out of touch? I’d say so. Keep reading to see the entire letter.)

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I imagine Mr. Pink doesn’t tip at Starbucks. Hell, I don’t “tip” at Starbucks. Occasionally, I don’t feel like having 30 cents clanging around in my pocket all day, so I throw it in the tip jar. But there’s only so much I can pay for a cup of coffee in good conscience.

Apparently, there’s a lawsuit kicking around the New York Court of Appeals over who owns the tips at Starbucks. The baristas are fighting to keep control over the jar and not share the tips with assistant managers.

It’s kind of sad. At this point, why not just dump the tip jar out on the floor at the end of the day and watch them fight over it…

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Juan Monteverde

When Alexandra Marchuk filed her epic lawsuit against her former firm, Faruqi & Faruqi LLP, and one of its partners, Juan E. Monteverde, she aired a lot of dirty laundry. Here’s one allegation that got a lot of attention in the corporate-law community: “[In advance of a Delaware Chancery Court hearing,] Mr. Monteverde explained that Judge [Travis] Laster was partial to good-looking female lawyers, but F&F’s female local counsel was ugly; so Mr. Monteverde wanted Ms. Marchuk to appear with him because her good looks would influence the judge in favor of F&F. Mr. Monteverde told Ms. Marchuk to wear her hair down, wear a low-cut shirt, and to try to look as alluring as possible during the hearing.”

Some wondered: did members of the Delaware Chancery Court hear about this rather embarrassing allegation? The answer would appear to be yes, based on a letter that a Faruqi lawyer recently received after moving for Juan Monteverde to be admitted pro hac vice….

Please note the UPDATE added after the jump.

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Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday.

* Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY]

* Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice]

* T.J. Duane, a co-founder of Lateral Link, was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider]

* The U.S. Chamber of Commerce has asked the Supreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and it’s a free-for-all against workers. [Free Enterprise]

* Law school applications are down, but not as drastically as expected. [Faculty Lounge]

* In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money]

* A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy]

* Do potential clients really care about social media? I “Like” this story. [Associate's Mind]

* Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump…

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Over the years, we’ve seen some strange and surprising law firm departure memos. They come not just from associates but from partners as well. See, e.g., this famous (or infamous) Skadden partner’s departure memo.

Today we bring you another weird farewell message penned by a partner. It’s strange because it burns bridges in a big way, making all kinds of incendiary allegations against the Am Law 100 firm involved.

You’d think that a leading employment lawyer would show greater discretion on his way out the door. Well, think again….

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* Gun nuts want to prevent THE PENTAGON from buying too many bullets. [Talking Points Memo]

* Subway employees can be held liable for not helping police officers. I’m a legal genius. [New York Law Journal]

* Employment lawyers get catty on their way out of the door. [Thomson Reuters News & Insight]

* Do top firms even have compliance departments? [Corporate Counsel]

* Colleges are cracking down on Adderall abuse. So… it only took administrators about a decade to figure out that was going on. [New York Times]

* Okay, now Obama is going to close Guantanamo. And by “close,” I think he means “finds other excuses to leave it open.” [SCOTUSblog]

Juan Monteverde and Alexandra Marchuk

For connoisseurs of salacious suits, Marchuk v. Faruqi & Faruqi is the gift that keeps on giving. First Alexandra Marchuk, a young lawyer and recent Vanderbilt Law graduate, sued the Faruqi firm, claiming that she was subjected to relentless sexual harassment during the short time that she worked there. Then the Faruqis and partner Juan Monteverde fired back, filing aggressive counterclaims against Marchuk.

Marchuk isn’t taking these claims lying down. She has amended her complaint to add new causes of action and to increase her multimillion-dollar demand….

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‘Why won’t anyone hire me?’

Everything is down because three-quarters of law schools are uncertain about their enrollment and therefore they are less likely to invest in professors. Schools are spending huge amounts more on financial aid to get the student body they want. That’s money that can’t be spent to hire permanent faculty.

Brian Leiter, a law professor at the University of Chicago, commenting on the “unbelievable lack of movement” in the hiring of law professors, particularly in the much neglected areas of labor and employment law.

‘Alone? With a man? Oh my, I just couldn’t!’

When it comes to equal opportunities in the workplace, women working in law firms have an especially raw deal. In most cases, men are the top earners, and they’re given more chances to bring in business than their female counterparts. Some claim that male lawyers have even gone so far as to purposely exclude women from client pitches and after-work bonding activities.

These observations aren’t new; women have been getting the shaft for decades in the good ol’ boys’ club we call the practice of law. But one law firm allegedly went a step further to shut out its female employees.

Deep in the heart of Texas, a female partner claims that men and women at her firm weren’t even allowed to work in the same room alone together with the door closed….

UPDATE (4/12/2013, 5:00 p.m.): Now with a statement from the firm, posted after the jump.

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* The National Labor Relations Board, now with fewer recess appointments! Partners from Arent Fox and Morgan Lewis were nominated to fill seats necessary for the board’s quorum. [National Law Journal]

* Shearman & Sterling seems to be bucking the Biglaw system. The firm is cutting pay for high earners and increasing it for lower-ranking attorneys. We’ll probably have more on this later today. [Reuters]

* Dentons (formerly known as SNR Denton) recently poached a six-partner team led by Stephen Hill from Husch Blackwell to bolster its white collar practice. Welkom too teh furm, guise! [Am Law Daily]

* “It is technically more legal to screw a walrus than to get gay married.” You know you live in a very sad place when not only do article headlines like this exist, but they’re also CORRECT. [Death and Taxes]

* An American Eagle pilot is facing attempted drunk flying charges. Yes, that’s a thing, but come on now, anyone who’s seen the movie Flight knows you can fly a plane while you’re wasted. [Bloomberg]

* Lindsay Lohan blew off a deposition in Los Angeles yesterday. Cut the girl some slack; she had to appear on the Late Show with David Letterman, which was way more important. [Contra Costa Times]

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