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Non-Sequiturs: 02.07.07

* Music without DRM is like Esperanto, a worthwhile dream that had its moments, but never gained enough momentum to carry it through globalization. So isn’t I-Tunes, like English, close enough? [CNET News]
* I applaud StopSylviaBrowne.com’s creator for exercising his First Amendment rights, but part of me hopes he is forced to shut down so he can attempt something approximating a life. [Overlawyered]
* If you can’t spank kids anymore, how else do you discipline them? [Houston Chronicle]
* He found what worked, and stuck with it. Next time, he should try something less creative, like rush-hour in public transportation. [Milwaukee Journal Sentinel]

Northwestern Law wildcats Above the Law.jpgWe’re not sure we “get” this story. We agree, in part, with this comment:

[The Northwestern Law School controversy] sounds very boring to me.

The SBA president offends the Latinos Students association, people ask him to resign, he resigns. End of story.

Where’s the “scandal”? Who cares….

Our only observation, which the WSJ Law Blog post hints at, is the sheer irony of all this. The SBA president got in trouble for not inviting minority student group leaders, qua minority student group leaders, to a breakfast with Chief Justice John Roberts (and for some remarks he made after the fact).
Yes, THAT Chief Justice Roberts. The jurist who wrote, in last year’s big Texas redistricting case: “It is a sordid business, this divvying us up by race.”
It is a sordid business, this divvying up of breakfast tickets by race.
But we seem to be in the minority. Several of you have asked us to write something about this dispute. And over at the WSJ Law Blog, there’s a comments clusterf**k going on.
So here’s an open thread. Enjoy!
P.S. We have to step away for a bit. But if we get inspired, maybe we’ll update this post a bit later with some actual substance.
Law School Group Leader Resigns Amid Controversy [Daily Northwestern]
Breakfast of Controversy [WSJ Law Blog]

100 dollar bill Above the Law Above the Law law firm salary legal blog legal tabloid Above the Law.JPGA Kirkland & Ellis memo and a table were posted in the comments recently. We have verified them with sources at the firm; they’re the real deal. Accordingly, we have reprinted them after the jump.
Also, Paul Hastings — which previously announced pay raises for a bunch of its offices — has now announced what it intends to do in Atlanta. It’s raising associate salaries by $15,000, which means that first-years will earn $130,000. More details here.
Paul Hastings raises associate salaries [Fulton County Daily Report]

double red triangle arrows Continue reading “Skaddenfreude: Kirkland & Ellis, Paul Hastings (Atlanta)”

Shanetta Cutlar 2 Shanetta Y Cutlar Shanetta Brown Cutlar DOJ SPL Special Litigation Section Civil Rights Division.jpgLate last month, one “Thailour Preston” posted an awesome defense of Shanetta Cutlar, the high-powered chief of the Justice Department’s Special Litigation Section. It read, in pertinent part, as follows:

I am sick and tired of all of you jelly-backed spineless weasels who write in with your “anonymous” monikers. Even you cowards who used to work for Shanetta should be man or woman enough to step up to the plate and identify yourselves instead of hiding behind the anonymous tags. How gutless!

If you carefully check the records, you will find that real substantive civil rights work is going forth in the Special Litigation Section. I would say that this is quite an accomplishment considering the current administration and its horrible record on civil rights issues.

No one talks about all the in-house sniping and back-stabbing that went on when she took the job. Plenty of mud-slinging and back-biting by would-be saboteurs galore. The hope was that she would go away and guess what – she’s still standing….

[D]on’t tell me that some of the attacks were not racially motivated. Check yourselves on that. Anyway, you idiots need to get a life and leave this woman alone.

As noted, this comment was signed by “Thailour Preston.”
Now we don’t seek to unmask our commenters. We respect their anonymity; it allows them to speak freely, which is great. We’re big believers in the First Amendment around here.
But anonymity does allow people to play pranks or assume personas. For example, colorful commenter “Leona” — who posed as a super-religious, anti-gay Christian woman — owned up to being a joke (in real life, a gay guy living in Cambridge, MA). Similarly, some of you have wondered whether “Loyola 2L” is a fictional identity.
So you never know for certain who’s posting what around here. But one of you did email us to point out an interesting coincidence:

Here is a bio (PDF) for Bishop Brian Garner. Someone has already noted the close relationship between Brian Garner and SYC, one of his congregants.

Look at the name of Brian’s wife: Robin Thailour Preston. Sound familiar?

If commenter Thailour Preston is in fact Robin Thailour Preston, the wife of Shanetta Cutlar’s minister, then she may be the only SYC defender who has identified herself by her real name. Maybe the only person in the comments besides you and Ty who has used a real name?

We have not (and don’t intend to) undertake further investigation into the identity of “TP.” So we don’t know for certain whether commenter “Thailour Preston” is in fact Robin Thailour Preston, good friend and fellow church member of Shanetta Y. Cutlar.
We just thought this was an interesting coincidence, which we wanted to share. That’s all.
ATL reader comment from Thailour Preston
Suffragan Bishop Brian S. Garner, Sr. (PDF)
Earlier: Almost as Much Fun as Gitmo: ‘Docket Review’ With Shanetta Cutlar

100 dollar bill Above the Law Above the Law law firm salary legal blog legal tabloid Above the Law.JPGEarlier today, we published salary data for Wilson Sonsini. We quoted a poster who was disappointed that the raise was retroactive only to February 1st. We then received this clarification from a source at the firm:

Our raise was made retroactive to February 1 rather than January 1 because we have a February 1 fiscal year start. Compensation matters are always handled as of February 1.

In addition, bonuses were 15 percent higher this year because partner profits were up 15 percent. Staff bonuses were also 15 percent higher.

We are very busy at WSGR these days — cranking on all cylinders!

We also (finally) received confirmed information about Chadbourne & Parke. We reprint it after the jump.

double red triangle arrows Continue reading “Skaddenfreude: Chadbourne, A Word on Wilson Sonsini, and an Open Thread”

Above the Law 8 Janice Rogers Brown.JPG
“I wouldn’t call Harry Edwards a ‘judicial divo,’ per se. He’s just really irritable, that’s all.”
This is a continuation of our earlier post about a luncheon talk by the fantabulous Judge Janice Rogers Brown. Judge Brown sits on the D.C. Circuit, the most prestigious appellate court in the country after the U.S. Supreme Court (which she may someday join). She spoke recently before the Federalist Society in Washington, a group that she said she “always enjoys spending time with — despite all the trouble it gets [her] into.”
Discussion and pictures, after the jump.

double red triangle arrows Continue reading “Dining With a Diva: Lunch with Judge Janice Rogers Brown (Part 2)”

H Rodgin Cohen 2 Chairman Aaron B Charney Aaron Brett Charney Sullivan Cromwell Above the Law Above the Law Above the Law ATL legal tabloid legal blog.JPGYesterday we invited those of you with firsthand knowledge of Aaron Charney to share what you know with us — whether pro- or anti-Aaron. We received some absolutely intriguing responses.
Neither of these comments is “firsthand firsthand,” so please file them under “rumor” rather than “news.” But they are both extremely interesting.
Both are somewhat negative about Charney. But, interestingly enough, they support different responses to this question:

Who is the real Aaron Charney: a crusader for justice with a sincere belief in his cause, or a money-hungry opportunist seeking to shake down his former (and deep-pocketed) employer?

The first comment we received:

I have a friend who knows Aaron Charney — and could not STAND him. Aaron is one of those people who is very opinionated, to a fault, and unnecessarily combative.

Once Aaron almost got into a fight with someone over — get this — a seat at a CLE presentation. Aaron was firmly convinced that the other guy had stolen “his” chair. The argument almost escalated into fisticuffs. Over a f***ing seat at a CLE seminar.

I’ll spare you the stupid details. But you get the picture. Aaron is easily offended, firmly convinced that he is right in all things, and willing to go to the mat for them.

Although negative, this comment does support a picture of Charney as someone with a genuine (some might say narcissistic) belief in his cause. It suggests that Charney truly thinks that he has been wronged — and that S&C must be brought to justice.
Here’s the second, even more juicy comment:

Here’s the reason Aaron went pro se. Aaron retained a lawyer initially and had bargained with S&C for a settlement, but he wasn’t happy with the amount of money they were offering him. So he fired the lawyer, thinking that a small amount of money would be bigger if didn’t have to split it.

But apparently, after Aaron fired the lawyer, S&C withdrew the offer. That’s when Aaron decided to escalate things by going public.

WOW — this is FASCINATING!!! If you can provide further confirmation, please email us. At this point, it’s just rumor.
But we wouldn’t be surprised to learn that it’s true. It would explain a lot:

(1) the mysterious period in between the initial incident of alleged harassment, in May 2006, and Aaron’s filing a pro se Complaint in New York Supreme Court, in January 2007;

(2) Aaron’s general skittishness about discussing his prior representation (and the circumstances of its termination); and

(3) S&C’s initial statement that it rejected his demand for a “multi-million dollar” settlement (i.e., they were willing to fork over a few hundred grand, but not seven figures).

Let’s say that the “small amount of money” was a few hundred grand — which, after you take a third of it out for fees, doesn’t go very far. This is especially true if it results in you leaving your firm under mysterious circumstances, thereby impairing your ability to land another Biglaw gig. So perhaps Aaron thought that he could go it alone, “cut out the middleman,” and save himself some dough (maybe $100,000 on a $300,000 settlement offer).
Unfortunately for him, Aaron may have miscalculated. After he dropped his counsel, S&C yanked its settlement offer. So it was erroneous for him to assume that he could have gotten an identical settlement offer without being represented by counsel (and coughing up fees to said counsel).
Then, after going commando pro se, Aaron arguably erred again. He played his cards too quickly, launching a public relations blitzkrieg. He broadcast his allegations against S&C, down to the tiniest detail, to the largest audience possible. Obviously that pissed off the S&C partners, presumably hardening them against settlement.
Now Charney finds himself in a difficult position. Because S&C has filed a countersuit, he’s a defendant as well as a plaintiff. He could end up paying a settlement rather than receiving one.
And once again, Charney has lawyers — a whole team of them, at two different firms. His net recovery, if any, will be reduced substantially to pay their fees. His original goal, eliminating the middleman, has clearly been frustrated (unless they’re handling the case pro bono — and we have no reason to believe they are).
So today Aaron Charney is arguably worse off than before, when he first hired a lawyer. Now he faces an angry and antagonized defendant — one of the nation’s biggest and richest law firms, with nothing to lose at this point.
Charney has spread his dirt about Sullivan & Cromwell far and wide. He no longer can engage in blackmail derive leverage from potential disclosure of that information; he has shot his proverbial wad. At this point, having been reduced to a Biglaw “Punchline of the Month,” S&C may have decided that it needs to fight back, take this thing to trial, and steamroll Aaron Charney.
To put it another way, in terms of his S&C scuttlebutt, which was his main bargaining chip, Aaron Charney may have “opened the kimono” prematurely. In fact, he arguably went much further:

“Aaron Charney opened the proverbial kimono, then flung it to the ground. He gave the world of Biglaw an enthusiastic, multimedia lapdance. Finally, he ‘bent over,’ and closed his act by dramatically producing a Lionel train set from his ‘special hiding place.’”

Aaron Charney, you got greedy. Then you made S&C mad — very mad. And now they will make you pay.
(Caveat: That preceding sentence — included for stylistic reasons, to give this post the requisite punchy conclusion — assumes the truth of rumor #2. As noted at the outset of this post, however, at this point the story is only an allegation. It’s just hearsay, mere rumor. You can believe or disbelieve it; it’s your choice. We’re just passing it along to you for your consideration, as we have previously passed along a great deal of pro-Aaron information.)
Update (12:28 PM): The WSJ Law Blog has an interesting post up about Aaron Charney’s ability to land another Biglaw gig.
Earlier: Prior ATL coverage of Aaron Charney and Sullivan & Cromwell (scroll down)

Supreme Court hallway Above the Law Above the Law Above the Law.JPGIn a comment appended to our last post on Supreme Court clerk hiring for October Term 2007, one of you wrote:

Not 100% certain, but I think that the last RBG hire is Tom Saunders (Yale 2004 / Leval), and that Breyer hired Michael Bosworth (Yale 2003 / Rakoff (SDNY) & Katzmann).

We did some poking around, and we’ve confirmed this information. So two more Yalies and Second Circuit clerks are bound for One First Street. We apologize for being late with this, especially the news about Tom Saunders (who was hired back in August 2005 for OT 2007).
If you have any more news — for example, whether Justice Samuel Alito has made offers yet based on his recent round of interviews — please email us.
After the jump, an updated tally of Supreme Court clerks for next Term.

double red triangle arrows Continue reading “SCOTUS Clerk Hiring: Two More for October Term 2007″

gossip legal gossip whisper whispering Above the Law Above the Law Above the Law.jpgWe’re a little late in commenting on this; we’ve been overwhelmed by a tremendous amount of news and gossip, on multiple fronts. But if you have an interest in blogging, or blogging about blogging, you should definitely check out this most interesting PrawfsBlawg post (if you haven’t done so already):
An Online Experiment: Take the Legal World, Add Gossip, Shake
Professor Matt Bodie offers some thoughtful (and thought-provoking) reflections upon Above the Law, as well as gossip blogging more generally. Money quote:

[L]aw professor blogs have pretty much shied completely away from law professor gossip. There are a lot of really good reasons for this. Liability concerns may be a factor, but I think they’re a small part. No law prof yet has been willing to go on record as the mouthpiece for gossip.

And why should they? Being a gossip conduit is costly to one’s reputation. It’s trivial. It’s non-scholarly. It’s hurtful to others. And besides — if you already know the gossip, what good does it do you to bring others in on the secret?

We don’t have time to respond in much detail. We have some VERY juicy Aaron Charney dish that we need to write up.
But for those of you who are curious, our thoughts on Bodie’s post appear after the jump.
Update: HA. We seem to misapprehended the point of Professor Bodie’s post. Please see his explanatory comment, available here.
(The irony, of course, is that we misinterpreted his post due to being defensive and oversensitive — even as we take the position that people in general need to be less sensitive when criticized or gossiped about.)

double red triangle arrows Continue reading “Wherein We Suffer From an Existential Crisis as Gossip Bloggers. Or Not.”

100 dollar bill Above the Law Above the Law law firm salary legal blog legal tabloid Above the Law.JPGWe don’t have memos, but we can confirm associate pay raises at two large law firms:

(1) D.C. powerhouse Wiley Rein & Fielding, former home of the new White House counsel, Fred Fielding; and

(2) Wilson Sonsini Goodrich & Rosati, home of Silicon Valley legal god Larry Sonsini (although a god who, in the past year or so, has shown signs of being fallible).

More details, plus your comments, after the jump.

double red triangle arrows Continue reading “Skaddenfreude: ‘W’ Firms, and Morning Open Thread”

Morning Docket: 02.07.07

* Lower wages for women? Always. [MSNBC]
* Trial date set for only charged Abu Ghraib officer. [Jurist]
* Racial controversy: the breakfast of champions. [WSJ Law Blog]
* Gay groups not really satisfied about Super Bowl ad; Snickers pulls it. [AP via Findlaw]
* North Dakota, now slightly less boring, but not really, issues hemp permits. [AP via Yahoo!]

WSJ Law Blog 2 Peter Lattman Aaron Charney Aaron Charney Peter Lattman Aaron Charney.jpgOne of the allegations in Sullivan & Cromwell’s countersuit against its former associate, Aaron Charney, is that Charney leaked sensitive internal documents to the Wall Street Journal.
The firm’s Complaint implies that Charney physically removed — i.e., stole — confidential documents from the files of a partner. S&C alleges that Charney then leaked these materials to the Wall Street Journal.
And who, pray tell, was the Journal reporter who received the leaked documents? None other than Peter Lattman, author of the WSJ’s popular Law Blog, as well as a reporter for the print edition of the Journal.
Charney hasn’t admitted anything, so S&C’s allegations haven’t been proven (although the circumstantial evidence is very, very strong). How can the allegations be definitively established and thoroughly explored? Through the testimony of Peter Lattman, of course.
Thus far, Lattman isn’t giving up his source. When contacted by the New York Law Journal, the WSJ, through a spokesman, said that it “does not comment on sourcing.”
Has Peter Lattman said anything about his role in this controversy over at the Law Blog? No. Why not? Because he hasn’t been around.
Earlier today, a Lattman fan sent us this email:

Can you find out if Peter Lattman is away from the Law Blog this week because of his role in the S&C documents being made public? Usually he tells us when he’s going to be away. Who is Marmor?

After redacting our reader’s name and email address, we forwarded this query to the Law Blog. About ten minutes later, this post went up:

We’ve had some inquiries as to Peter Lattman’s whereabouts this week. Sorry we didn’t notify our loyal readership sooner, but Peter’s out of town through Wednesday on assignment. Meanwhile, thanks to colleague Jessica Marmor for stepping up and pitching in!

So P. Latt is away “on assignment.” Is that what they’re calling it these days? [FN1]
Very interesting. We previously speculated that Peter Lattman might make an appearance at Thursday’s hearing in S&C v. Charney. But in light of his delicate position at the eye of the storm, we doubt that he’ll show. In fact, he will probably try to stay as far away from 60 Centre Street as possible.
Judith Miller Judy Miller New York Times Above the Law Above the Law Above the law.jpgIf “Charneygate” is the Biglaw version of the Valerie Plame saga, then Peter Lattman is our Judith Miller. Judy Miller went to jail to protect her sources. How far will Peter Lattman go? [FN2]
To lawyers who practice in First Amendment and media law: (1) Does New York have a reporter’s privilege and/or shield laws? (2) If so, what are the general standards that must be satisfied to invoke those protections?
[FN1] We have no reason to doubt that Peter Lattman is, in fact, out of town on assignment. But we love drama and mischief-making, so please indulge us.
[FN2] Yes, we know — any exposure Peter Lattman might have if he refuses to testify in a civil case is nothing compared to what Judith Miller faced. He might just have to pay a fine rather than go to jail (assuming he can even be held in contempt at all). But we love drama and mischief-making, so please indulge us.
Update: This comment makes a good point (and our clouded thinking is probably a sign that we need to step away from the computer now). But we love drama and mischief-making, so please indulge us.
Where’s Peter? [WSJ Law Blog]
Earlier: Prior ATL coverage of Aaron Charney and Sullivan & Cromwell (scroll down)

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