Law Professors

Charney v. Sullivan & Cromwell: Morning Newswrap

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Aaron Charney 2 headshot Aaron B Charney Aaron Brett CharneyWe’ll get back to the subject of pay raises for law firm associates in a minute. For now, here’s a quick update on the other story that Biglaw is abuzz about: Charney v. Sullivan & Cromwell, the case filed against S&C by associate Aaron Charney, alleging anti-gay discrimination and retaliation.
We’re monitoring coverage of this lawsuit through a news feed. Here are links to, and excerpts from, the latest stories:
1. Maple Grief [TheLawyer.com]

[O]ne charge [in the Charney Complaint] strikes [us] as particularly heinous. And that is that partners at the firm said the prevailing attitude internally was that “S&C considers all Canadians to be irrelevant”.

Given that the firm’s M&A lawyers spent most of last year defending Canadian nickel producer Inco on a £9.3bn hostile bid, we would be keen to hear Sullivan’s arguments played out in a tribunal.

2. Fake-Lawyer Jokes Better Than Real-Lawyer Jokes [New York Magazine / Daily Intelligencer]
A very brief mention — but with a shout-out to ATL:

Aaron Charney, the gay associate suing his former firm for discrimination, hasn’t gotten the support he expected from New York’s Lesbian and Gay Law Association. [Above the Law]

3. The Tough Road Ahead in the Lawsuit against S&C for Anti-Gay Discrimination: The Plain Truth about Plaintiffs [FindLaw]
Those of you who have been hungering for a dissection of Aaron Charney’s case by an employment lawyer will appreciate this excellent article. It’s by Professor Scott Moss, who teaches employment discrimination law at Marquette. Before entering academia, he practiced plaintiff-side employment law for several years, at Outten & Golden LLP in New York City.
It’s quite interesting. Highlights and our commentary, after the jump.

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Charney v. Sullivan & Cromwell: A Weekend Newswrap

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H Rodgin Cohen Chairman Aaron B Charney Aaron Brett Charney Sullivan Cromwell Above the Law Above the Law Above the Law ATL legal tabloid legal blog.JPGWe have a Google News Alert set to notify us every time there’s a new article about Aaron Charney or Charney v. Sullivan & Cromwell. As the lawsuit moves forward, we will read and digest all of the news coverage for you. Think of ATL as your “one-stop shopping” source for Charney v. S&C news.
Here are the latest news stories that have been brought to our attention:
1. Lawyer Sues Top Firm Over “Anti-Gay Bias” [New York Post]
This article characterizes Charney v. Sullivan & Cromwell as a “$15 million” lawsuit. The version of the Complaint that we’ve seen, however, seeks unspecified compensatory and punitive damages (“Prayer for Relief”).
We emailed Aaron Charney to clarify this. We inquired whether he had amended his Complaint, or announced an intention to amend it, to seek $15 million in damages.
Charney responded: “I have not amended the complaint or specified damages in the complaint.” So this was just an error on the part of the New York Post. Quelle surprise.
2. Bias Charged at Top NY Law Firm [Gay City News]
Not much new in this article, since it’s based largely upon prior reporting by other news organizations. The following paragraph was based upon original reporting:

Charney’s complaint was being circulated via a Web site on Tuesday and was spreading “like wildfire” among the informal gay law associates network in New York, according to a New York Law School faculty colleague of this reporter who received it via e-mail from a friend.

“[T]his reporter” refers to Professor Arthur Leonard of New York Law School, a contributing writer for Gay City News, who wrote the article.
We speculate that the unnamed faculty colleague quoted by Professor Leonard is Professor William LaPiana, an openly gay trusts and estates professor at NYLS. Professor LaPiana, randomly enough, was the pre-law advisor to Chief Justice John Roberts, when Chief Justice Roberts was an undergraduate at Harvard College thinking about attending law school. See More Grist for the “John Roberts Is Gay” Mill (item 4(b)).
3. Attorney Sues Top Manhattan Law Firm for Discrimination [The Advocate]
The Advocate is a leading news publication within the gay community, so the appearance of this article is by itself notable, as a sign that the community is taking notice. The Advocate article itself, though, is only three paragraphs long, and it contains nothing new.
4. Top Law Firm Sued For Discrimination By Gay Attorney [365Gay.com]
Nothing noteworthy here, except for repetition of the erroneous claim that Charney is seeking $15 million in damages. Where did that come from?
Earlier: Prior ATL coverage of Charney v. Sullivan & Cromwell (scroll down)

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A Must-Read Article for Lawyers: “Help, I’m Surrounded By Jerks”

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what a jerk rudeness middle finger obscene gesture.jpgIn light of our non-stop coverage of (1) Charney v. Sullivan & Cromwell and (2) the Special Litigation Section under Shanetta Cutlar, we found the timing of this New York Times article — “Help, I’m Surrounded By Jerks” — to be rather uncanny. Not surprisingly, it’s currently the “Most E-mailed Article” on the NYT website.
Law schools figure prominently in the growing field of “jerk research”:

Next month the Career and Professional Development Center at Duke Law School will for the first time offer a workshop called Dealing With Conflict and Difficult People. In September the negotiation program in Harvard Law School’s executive education series will present a seminar called Dealing With Difficult People and Difficult Situations.

Who says law schools don’t prepare their students for the “real world”?
Of course, most law schools don’t need to offer “workshops” for dealing with pricks. Students learn these lessons through practice — by dealing with professors.
Disclaimer: Please do not interpret this post as our taking sides in either Charney v. S&C or Shanettagate. Consider this provocative quote from the article (emphases added): “[S]ome scholars say, the problem is not the difficult people themselves. IT IS YOU.”
Furthermore, reasonable minds can differ over who is the “jerk” in a particular situation. The article mentions “[t]he explosive boss” as one example of a jerk, but it also cites “the Complainer, the Whiner and the Sniper” as jerkly archetypes. So the S&C partners might argue that Aaron Charney is a “jerk,” or Shanetta Cutlar might label Ty Clevenger as a “jerk.”
Help, I’m Surrounded by Jerks [New York Times]

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And You Thought You Had a Procrastination Problem

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Stephen Wermiel William Brennan biographer professor.jpgWould you trust this man to write your biography?
If so, you might be waiting a long time. In fact, you might be DEAD before it’s finished (or even started).
Professor Stephen Wermiel, of American University’s Washington College of Law, has been working on a biography of the late Justice William J.Brennan Jr. for some TWENTY YEARS. Professor Wermiel “began” the project back in 1987, when he covered the Supreme Court for the Wall Street Journal, and Justice Brennan was still on the SCOTUS.
More background, from the Legal Times:

Brennan, who retired from the Court in 1990 and died in 1997, picked Wermiel as his biographer and had hopes of reading the book in his lifetime.

Brennan’s son William Brennan III, who died in 2004, was openly critical of Wermiel’s delay. In a stinging New Yorker essay that quoted Brennan III before he died, legal writer Jeffrey Toobin said Wermiel was guilty of “dawdling” and lumped Wermiel together with Gerald Gunther and Andrew Kaufman, whose biographies of Learned Hand and Benjamin Cardozo, respectively, took more than 20 years to complete.

So is this delay a problem? Find out after the jump.

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ATL Poll Results: Feldsuk It Is

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Noah Feldman Noah R Feldman Jeannie Suk Jeannie C Suk Above the Law.JPGWe’ve already started using it, so this should come as no surprise. But just to make it official, we now declare FELDSUK the winner of our nickname contest for the fabulous Noah Feldman and Jeannie Suk (previously described as the “Brangelina of the legal academy”).
We tried to defend our initial nickname selection, “Noahjeannie”; but you were unpersuaded. The victory of “Feldsuk” was decisive:
ATL poll results noah feldman jeannie suk.jpg
A couple with such abundant brainpower and beauty is perfect fodder for ATL. Expect to see much more of Feldsuk in the future.
Earlier: Prior coverage of Noajeannie Feldsuk (scroll down)

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Musical Chairs: 01.11.06

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musical chairs 2 Above the Law legal blog above the law legal tabloid above the law legal gossip site.GIF
From government to academia:
* The brilliant Michelle Boardman is returning to teach at George Mason University School of Law. Professor Boardman had been on leave, serving as Deputy Assistant Attorney General in the Office of Legal Counsel.
From government to private practice:
* Sue Ellen Wooldridge, assistant attorney general for environment and natural resources, resigned from the Justice Department earlier this week, stating that she plans to return to the private sector.
(Interestingly enough, her alleged beau, J. Steven Griles — a former deputy secretary of the interior, who Interior Department sources say has been dating Wooldridge — has been notified that he’s a target in the Jack Abramoff corruption investigation.)
* Bankruptcy Chief Judge Melanie Cyganowski (E.D.N.Y.) is resigning to become chair of the bankruptcy litigation practice of Greenberg Traurig (NY).
From private practice to government:
* Steven M. Cohen, a partner at Cooley Godward Kronish, has been selected by New York Attorney General Andrew Cuomo as his new chief of staff.
Lateral moves:
* White-collar defense lawyers John Moscow and Jack Blum, to Baker Hostetler (NY), from New York boutique Rosner Moscow & Napierala. Moscow and Blum are gurus of the law of money laundering.
* Litigators Michael Armstrong, Paul Rooney, and William Purcell, to the newly opened New York office of Howrey. They come from, respectively, Cooley Godward Kronish, solo practice, and K&L Gates.
* Five litigators, to the new Houston office of Morgan, Lewis & Bockius, from litigation boutique Edwards, Burns & Krider. Names here.
* Intellectual property litigator Richard Pettus, to King & Spalding (NY), from McDermott, Will & Emery (NY).
* Corporate lawyer Michael Nissim, to Vedder Price (NY), from McDermott, Will & Emery (NY).
Links after the jump.

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Judith P. Vladeck, R.I.P.

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Judith Vladeck Judith P Vladeck lawyer attorney.jpgJudith Vladeck, a top labor lawyer and advocate for women’s rights, passed away earlier this week. She was 83 and a resident of Manhattan.
From the New York Times obituary:

Proud of her courtroom contentiousness, Ms. Vladeck brought a combination of showmanship and detailed analysis of salary histories and job performance to her cases. She took on potent opponents like major Wall Street investment firms, the Union Carbide Corporation and the City University of New York — and usually won, or settled for millions.

A chain-smoker known for working 11-hour days well into her 70s, Ms. Vladeck was a partner in Vladeck, Waldman, Elias & Engelhard, the Manhattan law firm that her husband, Stephen, helped start in 1948 and she joined in 1957.

Judith Vladeck was a colorful character. Check out these excerpts from her obituary at the WSJ Law Blog.
She is survived by several highly accomplished descendants. One of her sons is Dr. Bruce Vladeck, interim president of the University of Medicine and Dentistry of New Jersey (and owner of a nice Manhattan apartment). Another son, David Vladeck, is a law professor at Georgetown. Daughter Anne Vladeck, a partner in the Vladeck law firm, has been recognized as one of the best labor lawyers in New York.
Judith Vladeck is also survived by five grandchildren. One of them is a fellow legal blogger: Professor Stephen I. Vladeck, of the University of Miami School of Law, who blogs at PrawfsBlawg.
ATL sends its sympathies and condolences to Professor Stephen Vladeck and the entire Vladeck family.
P.S. Interestingly enough, Steve Vladeck clerked for She Who Must Not Be Named. This is an example of a great fit between judge and law clerk. Just like his high-powered grandmother, Steve Vladeck’s former boss was a leading labor litigatrix, who argued several cases in the Supreme Court before being appointed to the Ninth Circuit.
Judith Vladeck, 83, Who Fought for Women’s Rights, Dies [New York Times via WSJ Law Blog]

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Lawyerly Lairs: You’re Sick of Noajeannie Feldsuk. We Don’t Care.

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Noah Feldman Noah R Feldman Jeannie Suk Jeannie C Suk Above the Law.JPGThe whole point of being a mono-monikered celebrity entity is that you get covered, and covered, and covered by the media. This coverage continues, long after the public claims to be sick of you and cries out for mercy.
But really they’re not sick of you. This is why Brangelina still moves magazines.
As for the Brangelina of the legal academy, Harvard Law profs Noah Feldman and Jeannie Suk, the jury is still out on what to call them. To vote in our nickname poll, click here.
But we DO know what to call the good professors’ recently acquired, $2.8 million house in Cambridge, Massachusetts. Coldwell Banker has some suggestions: “Imposing,” “lovely,” “magnificent,” and “exceptional.”
We agree. Check it out:
Noah Feldman Jeannie Suk House 2.JPG
If this reader comment is correct — and it appears to be, since various details match up with the New York Observer article (an 1873 Victorian with five fireplaces and a pool) — Professors Feldman and Suk will be taking up residence in the shown above. As you can see, it’s one nice pile o’ bricks.
Sometimes real estate listings get pulled after outside websites link to them. We hate it when that happens.
To preserve this information for posterity, we took a screencap of the original property listing. Check it out, after the jump.

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ATL Reader Poll: A Nickname for Noah and Jeannie

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Noah Feldman Noah R Feldman Jeannie Suk Jeannie C Suk Above the Law.JPGEarlier today, we bestowed the nickname of Noajeannie upon celebrity law professors Noah Feldman and Jeannie Suk — the Brangelina of the legal academy. But some of you backseat bloggers suggested other names for this overachieving couple, such as “Feldsuk” and “Jeannoah.”
We like “Noajeannie” for several reasons:

1. It scans exactly like “Brangelina.” Compare no-ah-JEAN-nie with bran-juh-LEE-nuh.

2. It puts his name before hers, since his star arguably shines slightly brighter than hers (although, quite obviously, both of them are amazing).

3. Celebrity nicknames tend to work best with first rather than last names. This is why “Bennifer” and “Brangelina” are superior to “Vaughniston.”

Nevertheless, we will adhere to the democratic process. Hence this poll:

What’s the best nickname for celebrity law professors Noah Feldman and Jeannie Suk?
Feldsuk
Jeannoah
Noajeannie
Sukfeld
  
Free polls from Pollhost.com


One name we definitely don’t like: Sukfeld. It sounds like a pornographic version of “Seinfeld.”
(For the record, though, “Suk” is pronounced “sook” rather than “suck.” We happen to know this ’cause we went to school with Jeannie Suk’s similarly brilliant little sister, Julie Suk (now a law professor at Cardozo). Like her big sis, Julie Suk was a Marshall Scholar and a law clerk to Judge Harry Edwards (D.C. Cir.). But Julie Suk went to Harvard College and Yale Law School, whereas Jeannie Suk did the reverse: Yale College, Harvard Law School.)
P.S. Speaking of polls, if you haven’t done so already, cast your vote for your favorite First Circuit judge. We’ll close this poll tomorrow at 3 PM Eastern time. Thanks.
Earlier: Lawyerly Lairs: It’s Still Good to be Noah and Jeannie

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Yale Dean Harold Koh Hearts Conservatives

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Yale Law School dinner 5.JPG
Last Friday night, we attended a Yale Law School alumni dinner here in Washington, at Acadiana restaurant. It was timed to coincide with the big AALS conference of law professors in DC, since so many YLS alums are in legal academia.
The keynote speaker at the dinner was Professor Heather Gerken, who was snatched up from Harvard by Yale last year. She gave an interesting talk about her proposal for a “Democracy Index,” a national system for ranking the election-law practices of the different states. (We won’t repeat her remarks here, since Professor Gerken’s proposal is laid out in detail in her Legal Times commentary.)
Before Professor Gerken spoke, the audience was addressed by Dean Harold Hongju Koh. He updated us about recent developments at the law school, and gave the standard spiel about the brilliance and diversity of Yale’s first-year class.
(In case you’re wondering, the Yale 1Ls have a median GPA of 3.91. Their ranks include oodles of Rhodes Scholars, Marshall Scholars… and a massage therapist. You can have the Rhodies, the whole lot of ‘em; just give us the massage therapist.)
Dean Koh also delivered remarks that could be viewed as part of his new charm offensive: an attempt to reach out to YLS conservatives, in the wake of some criticism on that front.
Some random photos — plus very surprising news about Justice Clarence Thomas and Yale Law School, the alma mater he’s had a rocky relationship with — after the jump.

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