We mentioned this suit in passing back in November in Morning Docket. At first blush, this complaint looks like a slam dunk for the plaintiff. A 60-year-old continuing education student named Karen Royce sued her professor of “Human Sexuality” for giving her some intimate homework.
Professor Tom Kubistant allegedly told his students to masturbate “twice as often,” and required them to keep a sexual journal and discuss it with the class.
Usually, when your class starts sounding like the beginning of a Shannon Tweed movie, you can expect a successful lawsuit against you. But here’s the thing: Professor Kubistant required students to sign a waiver. And Royce signed it.
And all the other students arguably signed a waiver saying they’d listen to the sexual thoughts of a 60-year-old….
Contrary to popular belief, many lawyers who toil in Biglaw actually enjoy what they do. This is especially true of partners (as opposed to associates who just pass through on their way to in-house or government opportunities). Some partners enjoy their work so much that they’d do it for free — or at least for much less than the millions they typically receive.
Of course, even if you find fulfillment in the work you do as a law firm partner, you can’t deny that the other benefits are nice. Being a Biglaw partner certainly allows you to provide an upscale lifestyle for your family. And it might permit you to enjoy an early retirement for yourself.
When you earn millions of dollars a year in partner profits, with lucrative retirement benefits on top of that (assuming your firm doesn’t do a Dewey), you don’t need to work until you’re 65 or 70. Instead, you can get an early start on your golden years, pursuing all of the hobbies and interests that you never had the chance to explore while billing 2000-plus hours a year.
That’s exactly what a retired Skadden corporate partner, James Freund, has been doing. Freund, who is now 77, retired from SASMF back in 1996, around the age of 61 (a little early, but not hugely so).
A few years ago, Freund scaled back his lifestyle. He traded in his $5 million townhouse for an apartment — one that cost a mere $3 million. Being a retired Skadden M&A partner is a tough life, but somebody’s got to live it….
We have previously discussed the subject of pensions at the deeply troubled law firm of Dewey & LeBoeuf. Right now it’s looking quite likely that the firm will wind up in dissolution or bankruptcy. If the firm does go down that path, what will happen to the retirement benefits of current and former employees?
Today we have some news on that front — plus UPDATES on other Dewey stories, of course….
Why is that? I submit that there’s a generational divide in legal humor.
When my daughter was in first grade, and her classmates were all losing their baby teeth, I picked up Jessica’s arm one day and felt around in her armpit. “Hey, Jessica,” I asked, “are any of your classmates losing their baby arms yet?”
Jessica didn’t laugh. Instead, she gave me a look that said, “I’m pretty sure that he’s kidding — but if he’s not, this really sucks.”
Dear Lord, Florida seems like a dangerous place. The only people who are unarmed there are the criminals. Certainly, the lawyers in Florida have guns, and they apparently know how to use them.
A lot of people will see this as a cool story: cat burglars broke into a law office, and an old lawyer who was asleep at his desk defended himself. We like cool stories about lawyers defending themselves, and this one certainly fits the bill.
But what I see is a person who almost died because of Florida’s ridiculous gun laws. I see a person who was not threatened with deadly force use deadly force anyway. And I see no reason to keep praising this vigilante justice where people can take the law into their own hands, even if they are lawyers….
* Since you’re so funny, crack some jokes about this one, Obama. Senate Republicans will be filing an amicus brief in support of a challenge to the constitutionality of the President’s recess appointments. [New York Times]
* Thanks to this Third Circuit ruling, you can rest easy knowing that you can rely on the First Amendment to protect your homemade sex tapes from all of those strict porn record-keeping and labeling requirements… for now. [Reuters]
* Due to Kelley Drye’s EEOC settlement, the New York State Bar Association is asking firms to end mandatory retirement policies. Because old folks need to make bank till they croak. [Thomson Reuters News & Insight]
* The ABA’s Commission on Ethics 20/20 has decided to ditch its proposal to allow limited nonlawyer ownership of law firms. Cue tears and temper tantrums from the likes of Jacoby & Meyers. [Am Law Daily]
* “If I believe that Chris Armstrong is a radical homosexual activist, I have a constitutional right to express that opinion.” Yeah, yeah, yeah. Tell that to the judge who dismissed your suit, Shirvell. [Detroit Free Press]
* Presenting “her royal hotness”: apparently Pippa Middleton has been seen cavorting around France with gun-toting lawyer Romain Rabillard, of Shearman & Sterling. [Daily Mail]
It's a terrible thing when you have to wait too long for your chance to rule.
The entitlement reign of the really old will not end soon. With advances in modern medicine, advances that the Supreme Court will tell us how we’re allowed to pay for, today’s old people will live and work longer than any previous generation on Earth.
Or at least take up space.
While a family might be able to shove Grandpa into a nursing home, modern businesses are having a really tough time getting septuagenarian or even octogenarian partners to go away, and leave their clients behind. The Equal Employment Opportunity Commission ruled that Kelley Drye owes one of its partners over half a million dollars for trying to push him into retirement, and it opens a wide door for old people to hang onto to their offices and their clients well after they can no longer chew the leather.
Maybe it’s the right thing to do, but it’s got to be annoying for the Prince Charles-esque 60-year-old “up and comer”….
There’s a great story in the Washington Post this morning about how senior citizens are still struggling to pay off their educational debt. Senior. Citizens. The story says that collectively Americans over 60 owe $36 billion in student debt. That figure includes seniors who have co-signed on loans for their children or grand-children.
And yes, I love the holier-than-thou people who lecture me or other debt-defaulters on our financial responsibilities who went to school by putting their parents or grandparents at financial risk.
But seniors are also in trouble because they took out loans to finance continuing education later in life. I’m sure if you look around your law school, you’ll think of a couple of people who are really too old to be there but were led to believe that one more credential would solve all of their life’s problems.
The senior struggle is just one more indication that our system for financing higher education is about to implode…
* Thinking of going to law school and leading a stereotypical Biglaw life of luxury? Perhaps you should consider taking ex-K&E partner Steven Harper’s class at Northwestern. You might just change your mind. [Chicago Tribune]
* Parts of Junie Hoang’s lawsuit against IMDb have survived dismissal, but she can kiss her $1M damages claim goodbye. Too bad, because at her age, she could really use the retirement money. [Hollywood Reporter]
* Hofstra’s going to Havana, but it’s not to get career advice from Fidel. Instead, students will learn about U.S. export law. Sigh. You don’t need to go to Cuba to find out you can’t bring back cigars. [National Law Journal]
* Who’s the latest lady love in Lindsay Lohan’s life? Shawn Holley. LiLo reportedly whispered sweet nothings into her lawyer’s ear after she was freed from the bonds of supervised probation. [Los Angeles Times]
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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