Mergers and Acquisitions

Lindsay Lohan

* This just in: Now that the Fifth Circuit has refused to hear the Texas abortion case en banc, it looks like we may see a viable case about a major social issue being brought to Term before SCOTUS after all. [National Law Journal]

* Skadden came out on top of the Bloomberg, Thomson Reuters, and Mergermarket league tables for the highest transactional value of its mergers and acquisitions deals in 2014. Congrats on kicking the competition’s ass. [Am Law Daily]

* Per HBR Consulting, clients are winning the war when it comes to getting legal services on the cheap. Consider this a “call to action for law firms to reconsider the way they do business.” [WSJ Law Blog]

* The Elon University School of Law is completely revamping its academic offerings in order to offer a law degree that can be earned in 2.5 years, and for about $14,000 less. Nice work! [Triad Business Journal]

* Lindsay Lohan’s attorneys filed an amended complaint in her case against Grand Theft Auto’s publisher, this time going so far as to spell their client’s name correctly. [Hollywood, Esq. / Hollywood Reporter]

800px-SCOTUSbuilding_1st_Street_SE-RF

As the Supreme Court begins its 2014-15 term this month, it will be considering a number of securities cases, including the Omnicare case, which is scheduled for oral argument on November 3rd, and three other cases in which petitions for certiorari are currently pending before the Court. As discussed below, these cases raise significant questions concerning the standards for claims under Section 11 of the Securities Act of 1933, prosecution of insider trading, and the scope of disgorgement penalties in an SEC enforcement action. We also discuss IndyMac, another securities case that had been scheduled to be heard as the first case of the new term on October 6th, but was abruptly dismissed by the Court earlier this week.

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Justice Antonin Scalia

* Justice Scalia spoke at CU-Boulder last night. For his sake, we certainly hope he didn’t speak about any issues that might someday appear before SCOTUS, lest he be asked to recuse. [Boulder Daily Camera via How Appealing]

* Another one bites the dust over at Main Justice: David O’Neil, the head of the criminal division, is stepping down in the wake of the BNP Paribas case, and will likely have many white-shoe law firm suitors. [DealBook / New York Times]

* Fox Rothschild picked up a 18-lawyer boutique firm in Texas, which will serve as the home of its first outpost in the Lone Star State. Energy law, surprisingly, wasn’t the driving factor. [Legal Intelligencer]

* “I have a heart and I have two kids.” That’s a pretty damn good reason for Biglaw attorneys to take a break from their corporate billable hours to represent undocumented children pro bono. [WSJ Law Blog]

* Scott Greenfield reviews Lat’s forthcoming novel, Supreme Ambitions (affiliate link). Of course, in SHG style, it contains a spoiler. Try to skip that clearly marked paragraph. [Simple Justice]


Kamala D. Harris is ‘by far, the best looking attorney general.’

* Solicitor General Don Verrilli may be a frontrunner to replace Eric Holder as attorney general, but the competition seems to be stiff. Kamala Harris, anyone? [USA Today]

* FBI Director James Comey is annoyed by Apple and Google marketing their encryption prowess for privacy’s sake — it’ll “allow people to place themselves beyond the law.” [WSJ Law Blog]

* White & Case just hopped aboard the onshore outsourcing train with its announcement that it would open a services center in Tampa, Florida. The move will create about 100 jobs, but we’d love to know how many it’s negating. [Tampa Bay Times]

* Slater & Gordon, the world’s first publicly traded law firm, has been on an “acquisition spree” in England. Earlier this month, it picked up a patent practice, and now it’s in talks with a litigation shop. [Am Law Daily]

* “Law school is a major gamble,” and people are more informed, but that somehow isn’t stopping people from applying. This is a great article to read if you’re still considering going all in. [New York Observer]

Joe Borstein

Since the launch of alt.legal, Ed and I have received a lot of very interesting emails and feedback. It is apparent that many of you read ATL literally all day love working in Biglaw, but most many have considered taking a walk onto the alternative side (sounds far more erotic than it is).

What we hope to prove to you through this ongoing column is that legal entrepreneurship is exciting, prestigious, lucrative, and, most importantly — to the many resilient lawyers out there who have remained idealistic in the face of back-to-back all-nighters — your best chance to change the legal system for the better. Moreover, despite what you think, innovation in the law is NOT just in e-discovery. Turns out, there are problems worth solving associated with almost every practice, and with each, there are entrepreneurs and innovators ready to change the game. (My co-author, Ed Sohn, is planning to write more on this underground world next time.)

Today, we profile one such entrepreneur, Adam Nguyen, who saw inefficiencies in the always-exciting process of contract review for due diligence (hey litigators, it turns out M&A lawyers have to do document review too), and leveraged $150,000 worth of Harvard Law-branded problem solving to create an innovative technology solution called eBrevia.

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Burger King bounty for Biglaw.

* Judge Posner dished out a whole lot of benchslaps at yesterday’s Seventh Circuit arguments over Indiana and Wisconsin’s bans on same-sex marriage. [BuzzFeed]

* Major U.S. and Canadian law firms chow down on Burger King’s whopper of a deal with Tim Hortons. [Am Law Daily]

* A recent Delaware court ruling on attorney-client privilege might allow in-house lawyers to speak more freely about wrongdoing at their companies, according to Professor Steven Davidoff Solomon. [DealBook / New York Times]

* The corruption trial of former Virginia governor continues; yesterday Bob McDonnell’s sister took the stand. [Washington Post]

* A favorable evidentiary ruling for Aaron Hernandez. [Fox Sports]

* And good news for Zephyr Teachout and Tim Wu, the two law professors running for governor and lieutenant governor of New York: the Times dissed their opponent, Andrew Cuomo, with a non-endorsement. [New York Times]

* I recently spoke with one of my cousins Joao Atienza of the Cebu Sun Star, about Above the Law and the world of legal blogging. [Cebu Sun Star]

* Utah appealed its same-sex marriage case to the Supreme Court, making it the first state whose law was smacked down by an appellate court to do so. Let the countdown begin. [National Law Journal]

* In the ruling that saved Alabama’s abortion clinics, Judge Myron Thompson likened the right to have an abortion to the right to bear arms. We can think of a few people who would take issue with that. [CNN]

* In case you’ve been wondering why tax inversions are hot right now, you can blame it all on some bicycling tax and M&A lawyers from Skadden — call them bikedudes at law, if you will. [WSJ Law Blog]

* Law schools tout the fact that their graduates are finding jobs in “J.D. Advantage” positions. Meanwhile, it remains unclear how much of an advantage a law degree actually offers in these jobs. [Am Law Daily]

* In a lawsuit peppered with crazy allegations, a law prof at Florida A&M claims in a gender discrimination complaint that male professors are “paid considerably more” than female professors. [Tampa Tribune]

Every now and then you forget that Capitol Hill interns are the absolute worst. Unless you live in Washington, D.C. In that case, these type-A Tracy Flicks are always around to give your already douchetastic bars that extra drop of vinegar. It’s not just that these proto-gunners won’t stop talking about their overinflated sense of the long-term legacy their ability to alphabetize will have on tax reform, it’s that they do this while surrounded by other D.C. professionals who actually make a difference want to talk about how much more alphabetizing they’ve done in their careers.

On some level you want to appreciate their eager spirits. It reminds you of the hopes and dreams you had before the weight of the world crushed you. But then other times their shameless sense of self-worth reminds you that politics is a narcissist’s game. Even if the narcissist is well-meaning, like I presume most interns are. Like when you get a tweet like this one from Yahoo’s Chris Moody:

I’m not gonna snark on this Hill summer intern. More power to him.

So apparently Moody is getting his passive-aggressive on by telling his 22K followers all about how he’s not going to snark on the snarkworthy link he’s sending. Moody would have made a great lawyer.

Well, what did this intern do? Did he make a cheesy webpage about himself explaining how he’s going to president?

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I want business that gives me a splitting headache to do, because I know that work is not going to be commoditized.

George Bason Jr., global co-head of Davis Polk’s mergers and acquisitions practice, commenting on the complicated transactions he prefers to work on. Bason’s attractive firm recently tied for fourth place with Cleary Gottlieb in Dealogic’s ranking of deals by dollar values in the first half of 2014.

Clients are in the driver’s seat these days. Lawyers, even partners at prestigious and profitable firms, must bow and scrape before in-house counsel to land engagements.

It won’t be long before beauty contests actually include, well, beauty contests. What rainmaker worth his or her salt wouldn’t strip down to a swimsuit if required to do so as a condition of being hired? (Assuming that seeing the lawyer in swimwear would actually appeal to the client, that is.)

Not long ago, some Biglaw partners had to humiliate themselves in order to land a major matter. What did they have to do for the deal?

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