We're writing to correct two earlier items. We've appended corrections to both stories within each post, but we wanted to do a separate post, at the top of the main page, to draw attention to these errors. We are big believers in owning up to our mistakes around here; it's critical to maintaining our credibility.
1. Simpson Thacher "facetime requirements." On Friday, we summarily dismissed the rumor of new, firm-wide "facetime requirements" for associates at Simpson Thacher. Our rejection of the rumor was based, in part, upon the comment by partner James Cross that the rumor was "inaccurate."
The rumor was "inaccurate," insofar as it was not 100 percent true in all particulars. But neither was it completely false. It turns out that certain STB associates were in fact read the riot act about being in the office from 9:30 to 6:00, but it was a specific subset of associates: junior corporate associates in the New York office. (The sources we contacted for confirmation do not fall into this group, which is why they denied the rumor when we asked them.)
So the rumor, as we presented it to Mr. Cross for comment, was "inaccurate." But it was not completely devoid of truth. For more details, see the corrected version of our Friday post.
2. O'Melveny & Myers "special bonuses." Earlier today, based on what an OMM partner said at an associates' meeting in Washington, DC, we reported that OMM will not be matching the market-level special bonuses in New York. We got a lot of pushback on this item. Shortly after our post, the firm sent around this email in its New York office:
Please note that we are aware of the recent posting on abovethelaw.com and we want to assure everyone that it is NOT ACCURATE.Brad Okun will address the issue of the 2008 bonus structure at the ACAC lunch meeting this Wednesday.
See you all there.
Once again, note the use of the "not accurate" language. When dealing with lawyers, never read a statement for more than it's worth. Remember the logical reasoning section of the LSAT?
O'Melveny did not announce that it is, in fact, matching market-level special bonuses in its New York office (which it very easily could have done). Instead, it simply called the rumor "not accurate" -- without identifying the specific inaccuracies -- and offered a placeholder announcement: wait 'til Wednesday, where "the issue of the 2008 bonus structure" will be addressed.
As for what's really going on at OMM, this comment outlines one possible scenario:
[At today's meeting,] the DC partner misspoke. The email to NY associates is real. Lat reported what happened in DC, and his report was accurate. But the statement made in DC was not accurate. It is worth noting though that the DC partner made clear that his comments were based on "his knowledge," and were not meant to be authoritative. But thanks to the glorious blogs, it hit the wire and the shit hit the fan. The email in NY has hopefully calmed everyone down.
But see also this comment, which offers an alternate hypothesis:
All you OMM associates complaining about Lat's bad reporting should stop your whining. You should be thanking Lat. The DC partner probably didn't mis-speak, but reported what, at the time, was accurate information.The pre-formal-announcement backlash, thanks to Lat's post, may just have saved the special bonus for the NY (and possibly other) OMM associates.
We are inclined to agree with the latter comment. Our guess is that OMM partners in all offices were informed of the firm's decisions with regard to bonus levels, including a non-match in New York, and the D.C. partner prematurely let the cat out of the bag.
Also, please note that we consider a "true match" to be payment of year-end and special bonuses, at the levels announced by Cravath (or Debevoise for the most senior classes [FN1]), to ALL associates, and WITHOUT a billable hours requirement. If OMM's "special bonuses" come with an hours requirement attached, we will consider our original report of a non-match vindicated.
At this point, there's nothing left to do but wait until that Wednesday meeting. We would be happy for our speculation to be proven wrong, and for OMM to announce a "true match" of market-level, New York special bonuses. But please don't shoot the messenger and get angry at us because we passed along inside information from a D.C. partner who spoke prematurely (but truthfully).
(By the way, we have reached out to Brad Okun, managing partner of O'Melveny's New York office, for comment. We will let you know if and when we hear back from him.)
[FN1] Because Cravath has such a short partnership track, its year-end bonuses top out at $60,000, for the Classes of 2001 and 2000. Many firms with longer partnership tracks pay a year-end bonus of $65,000 to the most senior classes.