China joint ventures are notorious for their high failure rate. An old Chinese saying that is often applied to joint ventures is “same bed, different dreams.” Far too often, American companies and Chinese companies rush into joint ventures without ever discussing their respective dreams.
Many years ago, a client about to fly to China to meet with a potential Chinese joint venture partner asked for my help. I compiled a list of issues to raise at that meeting, and have provided a similar list (honed a bit more each time) to subsequent clients facing the same situation. The goal of raising these issues is to determine whether the two companies share the same dreams, and whether the Chinese company is JV worthy. Currently, this list includes the following questions:
* “I’m pretty sure I just got fired.” Before the bud business was big enough for Biglaw, the mere suggestion of going green was allegedly enough to warrant some pretty major disciplinary action from a leading law firm. [National Law Journal]
* Judge Thomas Griesa is toying with holding Argentina in contempt for saying that it didn’t default. Argentina struck back with the social media hashtag #GrieFault. Clever. [DealBook / New York Times]
* Dzhokhar Tsarnaev’s defense team has an expert who says that any jury in Massachusetts will be tainted because of the “inflammatory” news coverage of the Boston Marathon bombing. [WSJ Law Blog]
* The ABA’s new Task Force on the Financing of Legal Education held its first public hearing to try to figure out why law school tuition is high. The ABA is so late to the party it’s not even funny. [ABA Journal]
Most everyone is talking about how the NCAA got crushed in the antitrust case headlined by former UCLA star Ed O’Bannon. Some have compared it to a top ranked team getting upset by a scrappy mid-major because sports analogies are obligatory when talking about sports cases. That analogy is not really apt. It’s more like the NCAA was a top ranked team that narrowly eked out that win. The mid-major team is rightfully pleased with its effort and the top team can breathe a sigh of relief.
But hanging ominously over the field is that the top team done got EXPOSED. And every team remaining on the schedule is psyched.
Judge Claudia Wilken’s 99-page opinion reads like a body blow to the NCAA — and then her order is a light knee scrape. But everyone else gunning for the NCAA has a lot to quote here….
I’m going to let you, the readers, write the opening for this post, then I’m going to let the law school website write the body, then I’ll let a local paper write the closing.
I’ll just be over here, laughing my ass off.
Here are real emails I received from tipsters:
“Oh man, this is rich! Looks to me like some drunk, religious law student’s online fantasy, but apparently there’s an actual grownup person, or people, behind it. Drunk on Jesus perhaps. Evidently it’s ‘not a scam.’ Which makes it worse.”
“Reindeer award? Sign me up.”
“Please do an article on this. You could basically just copy and paste crazy s**t from their website; it really just writes itself.”
That’s what I’m trying to do, boss. I couldn’t even make up a name for a law school more ridiculous than the name it’s actually chosen…
* It’s not that Justice Kennedy cares more about gay rights than women’s rights, it’s that Justice Kennedy understands gay rights better than women’s rights. That’s a much less charitable but shorter read of this insightful piece by a former Kennedy clerk. [Dorf on Law]
* Adam Carolla is keeping his fight against patent trolls alive. Ziggy socky ziggy socky hoy hoy hoy! [Mashable]
* Yesterday, the man who shot young Renisha McBride for knocking on his door was convicted of second-degree murder. Sadly, it was just one more in a string of cases where some idiot bought into the rhetoric of shooting first and asking questions later that gun lobbyists have pushed for years. [New York Times]
* Here’s something, a former law firm CIO wrote a novella called I Spy, You Spy, We All Spy (affiliate link) based on the allegedly true events of the “law firm spying on its own lawyers, employees and some of its employees’ family members.” Delightful. [Amazon]
* “Why Young Lawyers Shouldn’t Hate Hate Hate Baby Boomers Holding On to Jobs.” OK, I’ll go back to hating them for being the self-absorbed Me Generation that made Gordon Gekko a role model. [Law and More]
From the annals my large “I told you so” files, a few years ago I predicted that the “Watson” technology — computers that can answer complex and subtle questions like Watson on Jeopardy — could be a threat to associate jobs. Now, that technology appears closer than ever to making a real impact on client services.
And it’s not just Watson. There are a lot of technologies floating around that threaten to make much entry-level associate work obsolete. If you are going to law school based on a bet of where the legal job market might be in three or four years, you might want to hedge against the rise of the machines…
“Man first of all exists, encounters himself, surges up in the world — and defines himself afterwards” — Sartre, you idiot.
When I began writing for this esteemed fashion website, I decided to use the name Juggalo Law because I didn’t have time to think of a good name. It originally had been offered up as a lame joke. In that way, it stuck, I suppose, because of its deeply descriptive powers. Here are some more lame jokes.
Names are important insofar as they signal to the outside world what our true character is. George W. Bush named Karl Rove Turdblossom. This is apt. This paints a picture in one’s mind.
But what of the names we call ourselves? Are we lawyers? Attorneys? Un autre petit nom de guerre? Je ne sais pas la réponse. Je suis simplement un clown.
For years now, there have been cries for more affordable “Access To Justice.” That is, to find ways to provide legal representation to those with low to modest income. From the federal government, to the states, and all the way down to individual counties, there have been a variety of initiatives bandied about that seek to bridge the access to justice gap. Sure there are public defenders, but they are overworked and legal aid is spread thin. So people continue to try new ways to provide affordable legal services. And a few lawyers in Utah think they have an idea to solve the problem…
By all accounts, Stephen G. Dickerman is a pretty good lawyer. He retired from practice a few years back.
By all accounts, Stephen G. Dickerman is a pretty poor lawyer. He’s an unknown man who appears to have stolen the former’s identity.
In a bizarre story out of Brooklyn, the FBI arrested a man for using the identity of the retired Stephen G. Dickerman to operate a law practice in Brighton Beach for the last several years.
How easy is it to steal a lawyer’s identity? Shockingly easy it turns out. As in, you should be really worried about your identity easy.
As of now, authorities still have no idea who this guy really is — he still insists that he’s Stephen G. Dickerman, practicing under his supposed Hebrew name as Shlomo Dickerman. The only thing we know for sure is that this guy’s got a lot of chutzpah….
Because I really enjoy a good mental workout. After graduating from Duke with a degree in ancient Latin and Greek, I figured that my best option for a mentally stimulating career was either academia or law. Law seemed like the more practical choice.
– Laura Puleo, a rising third-year student at Washington and Lee Law, commenting on why she chose to go to law school during a time when legal education was in upheaval. Puleo is a contestant in the upcoming Miss Virginia pageant, and you can support her in her race for the crown here.
Woo, Biglaw! Being a summer associate is the best!
Summer associate class sizes may be smaller than they were back in the good old days, but Biglaw firms seem to have used the shrinking summer pool as an excuse to throw events that were overflowing with an abundance of awesomeness. Offers are still being tossed out like Mardi Gras beads, and life was very, very good for this summer’s crop of Biglaw initiates.
But just how good are we talking here? We think the fact that we received an overwhelming number of nominations for this year’s summer associate event contest speaks volumes. We managed to whittle down the list of 20+ gushing nominations we received to just eight of the most amazing. Some were cultural extravaganzas, others were athletic outings, but all were fun and absolutely fabulous. Thanks to everyone who submitted a nomination.
Did your firm make the cut this year? Take a look to find out…
Ed. note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Adam R. Banner explains how the bar exam is a microcosm for legal practice as a whole.
Just took your state’s bar exam? Good Luck.
I remember hearing that same ominous warning from many of the attorneys in my community directly after taking the Oklahoma bar exam. Now, I wasn’t TOO worried about my prospects for future employment. I was already set on hanging my own shingle, and I was full of naivety with a dash of piss and vinegar. I had practiced (with a limited license) through the local public defender’s office, and I had a part-time gig interning for another solo practitioner. I chose this set-up to help pay my way through school, but also to gain any type of experience I could since I only really knew two things in law school: criminal procedure, and the fact that I needed some courtroom experience and some small-business guidance. I was lucky enough to get both.
That isn’t the case for everyone. I distinctly remember one of my buddies (a fellow class mate) walking up to me a few days before graduation and asking me if I knew of any places that were hiring associates. I didn’t, so I asked him if he was interning anywhere.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
Ms. JD is hosting their 2nd annual cocktail benefit to raise money for the Global Education Fund. The event will be held on August 21, 2014 at 111 Minna in San Francisco. Our goal is to raise $20,000 to fund the legal educations of four dedicated law students in Uganda who count on our support to continue their studies at Makerere University during the 2014-15 academic year.
The Global Education Fund enable womens in developing countries to pursue legal educations who otherwise would not have access to further education. According to the World Bank, investment in education for girls has one of the highest rates of return to promote development. In Uganda, more than 45% of women over the age of 25 have no schooling at all, and men are more than twice as likely as women to have access to higher education. Together, we can work to end educational inequality. For more information about the program, please visit http://ms-jd.org/programs/global-education-fund/
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.