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rectum redacted anal sex anus prostate gland Above the Law blog.JPGA case going to trial next month raises some, er, probing questions. From the NYT’s City Room:

Under what circumstances can a patient in an emergency room be forced to submit to a procedure that doctors deem to be medically necessary? That question — and the notion of informed consent — is at the heart of a civil case that is about to go to trial next month in State Supreme Court in Manhattan.

Brian Persaud, a 38-year-old construction worker who lives in Brooklyn, asserts that he was forced to undergo a rectal examination after sustaining a head injury in an on-the-job accident at a Midtown construction site on May 20, 2003. Mr. Persaud was taken to the emergency room at NewYork-Presbyterian Hospital/Weill Cornell Medical Center, where he received eight stitches to his head.

According to a lawsuit he later filed, Mr. Persaud was then told that he needed an immediate rectal examination to determine whether he had a spinal-cord injury. He adamantly objected to the procedure, he said, but was held down as he begged, “Please don’t do that.”

C’mon, Brian. Why not have a more open mind (among other things)? Don’t knock it ’til you’ve tried it.

As Mr. Persaud resisted, he freed one of his hands and struck a doctor, according to the suit. Then he was sedated, the suit says, with a breathing tube inserted through his mouth.

After Mr. Persaud regained consciousness, he was arrested, then taken — still in his hospital gown — to be booked on a misdemeanor assault charge. Gerrard M. Marrone, who was Mr. Persaud’s lawyer, got the criminal charges dropped, then helped Mr. Persaud file a civil lawsuit against the hospital.

For more discussion — including additional facts about the case, legal discussion, and comment from the hospital — check out the full post, by the indefatigable Sewell Chan.
Update: More about involuntary rectal exams from Slate (via WSJ Law Blog).
Forced Rectal Exam Stirs Ethics Questions [City Room / New York Times]
But I Don’t Want a Rectal Exam! [Slate]

We’re still collecting nominations for the first annual ATL Lawyer of the Year, and we’ve decided to combine last month’s open thread with today’s ATL / Lateral Link survey.
Let us know who you think should be our Lawyer of the Year, and why. To add a little fun, we’re also going to let you tell us who your favorite and least favorite partners are.
To be honest, we have no idea whether we’re going to post that last bit of information, because we’d rather not get sued. But consider it a great big tip jar. We’ll try to follow up on the juicy stuff and, when appropriate, sprinkle tidbits into our regular posts from time to time. And who knows? Maybe your favorite partner will wind up Lawyer of the Year. (But again, we reserve the right to be absolute wusses.)
Update: This survey is now closed. Click here for the results.
Earlier: ATL Lawyer of the Year: Nominations, Please

Quinn Emanuel Urquhart Oliver Hedges associate salary Abovethelaw Above the Law blog.jpgSome of you might think we have a strange obsession with Quinn Emanuel around here. That’s really not the case; it’s just that, for whatever reason, we have a lot of tipsters over there. It seems that QE associates love to talk about their firm, for good or ill.
Today, for good. From a source at the firm who is quite content:

John Quinn gave his annual State of the Firm address today and I think he really did a great job addressing the bonus fiasco. In a section of the address where he mentioned things the firm has to work on (which included an honest list of wide ranging topics), he mentioned that the partners have to do a better job of communicating the bonus system. After first noting that, historically, bonuses are awarded differently every year, he stated that the partners will provide a detailed list sometime in the middle of the year of what hours will be required, and what types of hours will apply in what amounts. He said that the amount of the bonus will stay open (of course), but the partners do believe this will help prevent future dissatisfaction. He also mentioned that the firm’s leadership did something “stupid” with the lateral hires by using the wrong denominator in calculating their special bonus. (You might not remember, but there were complaints that laterals were cheated out of an extra month of hours due to the discrepancy between QE’s fiscal year and the calendar year.) Quinn stated that they will recalculate hours and distribute special bonuses based on that recalculation.

More after the jump.

double red triangle arrows Continue reading “Quinn Emanuel: john quinn’s state of the firm address”

summer associate Above the Law blog.jpgHere’s an update to last week’s post about how various law firms fared in recruiting summer associates for this year. That post, including the comments, featured oodles of info about the expected summer class sizes at different Biglaw shops.
Now we bring you a few more data points. First, just a few short hours after our post went up, this email went around the New York office of Latham & Watkins:

As we move forward into 2008, the Recruiting Committee and the Recruiting Department would like to thank each of you for your support and participation in last year’s recruiting efforts. Your involvement in the summer program and our fall recruiting efforts was “priceless”. Thanks to your efforts, our summer program and fall hiring results were incredibly successful. The recruiting efforts resulted in 61 first years (not including judicial clerks, which we are currently in the midst of recruiting) starting next fall and a summer class of 80 summer associates (our largest to date!). Thank you all again and a very happy and healthy 2008 to each of you.

It’s nice when firms are so responsive to our inquiries.
In addition, a few tipsters emailed us unofficial information about how their firms did in the recruiting process. Check it out, after the jump.

double red triangle arrows Continue reading “The Summer Associate Recruiting Sweepstakes: Winners and Losers (continued)”

Scrabulous Scrabble Hasbro Mattel lawsuit Above the Law blog.jpgDo you have a Scrabulous problem? Are you addicted to the online version of Scrabble, which you can play via Facebook?
We had a Scrabulous addiction for a while, until we forswore the game. We’re finishing up current games; in fact, we just scored a bingo right before posting this (“OPERATED” — see board at right). But we are not starting or participating in new matches.
If you’ve been finding your own productivity impaired by Scrabulous, however, you may not need to give up the application. It may be taken out of your hands, over your protest. From the BBC:

Facebook has been asked to remove the Scrabulous game from its website by the makers of Scrabble. The Facebook add-on has proved hugely popular on the social network site and regularly racks up more than 500,000 daily users. Lawyers for toy makers Hasbro and Mattel say Scrabulous infringes their copyright on the board-based word game.

The move has sparked protests by regular fans of Scrabulous keen to keep the add-on running. Scrabulous is currently one of Facebook’s ten most popular applications – little programs that Facebook members can add to the profiles they maintain on the site….

The Scrabulous add-on was not created by Facebook but was built for the site by Rajat and Jayant Agarwalla – software developers based in Kolkata.

Apparently Hasbro and Mattel don’t look kindly on outsourcing to India — unlike, say, law firms. We’ll keep you posted about the fate of this game.
Facebook asked to pull Scrabulous [BBC]

Mike Nifong small Michael Nifong Michael B Nifong Michael Byron Nifong Above the Law maybe not.JPGFrom the Smoking Gun:

Disgraced and disbarred, Mike Nifong is now bankrupt. The former North Carolina prosecutor, whose career imploded with his botched handling of the Duke University rape case, today filed for bankruptcy, listing liabilities in excess of $180 million. A summary schedule from Nifong’s Chapter 7 petition can be found below. Almost all of that sum represents legal claims filed against the former Durham County district attorney by members of Duke’s 2006 lacrosse team, including the three players who were accused of raping a stripper at a team party.

Included among Nifong’s assets are a 2003 Honda Accord, about $9000 in personal property, and his $235,000 home. He lists nearly $5000 monthly in pension or retirement income and describes himself, charitably, as retired.

A sampling of reader comments from the WSJ Law Blog:

“I would have liked to have been his ‘credit counselor’… Now Mr. Nifong – I see you have $180 million in debt. Let’s go over ‘how to balance your checkbook’ chapter in your pamphlet…ahahah”

“Mr. Nifong can now talk to Simon & Schuster without any apprehension.”

“I know that this question is immaterial, but what nationality is the name “Nifong”? I have asked several individuals and none of them had a clue.”

“The name Nifong is of Scottish Ancestry and this member is a disgrace to that proud family.”

Mike Nifong Bankrupt: Disgraced Duke prosecutor lists $180M in liabilities [The Smoking Gun]
Michael Nifong Files for Personal Bankruptcy [WSJ Law Blog]

* Gov. Romney wins Michigan. [CNN]
* Sen. Clinton faces challenge from “uncommitted.” [CNN]
* NV Supreme Court overturns decision allowing Rep. Kucinich to debate. [MSNBC]
* Criminal prosecutions of Blackwater security guards would not be easy. [New York Times]
* Did CIA lawyers and officials implicitly sign off on the destruction of interrogation tapes? [Washington Post]
* Austrian court rules animal rights group can’t have custody of chimp; appeal will be to the European Court of Human Rights. [AP]
* DOJ to investigate Tejada? [New York Times]
* Collected news coverage about yesterday’s Stoneridge decision. [How Appealing (linkwrap)]

Samuel Kent Judge Samuel B Kent Above the Law blog.jpgAh, to be a federal judge. Life tenure means never having to say you’re sorry (unlike those state judges, like the hat-hating Holly Hollenbeck).
Judge Samuel Kent (S.D. Tex.), who has lawyered up in response to being charged with sexual misconduct by a court employee, is speaking out — sort of. In an interview published earlier this week in the Houston Chronicle, he tried to win some sympathy from the public.
Judge Kent discussed his struggles with alcohol (like Justice Thomas in his recent memoir), his diabetes, and the death of his first wife from brain cancer. But he did not address the substance of the allegations made against him:

“As with every human controversy, there are absolutely two sides to this one, and I will vigorously present mine at the appropriate time,” he told the Houston Chronicle. “It has been extremely frustrating for me, my family and my staff not to be able to speak in my defense.”…

He declined to address specifics of the misconduct allegations against him, citing federal laws that make judicial investigations secret.

So according to Judge Kent, there is another side of the story. As for what exactly it is, stay tuned.
After the jump, selected comments on the story from Houston Chronicle readers.
Kent talks of personal struggles [Houston Chronicle]
U.S. District Judge Samuel Kent Hires Dick DeGuerin, Meets With FBI [Texas Lawyer]

double red triangle arrows Continue reading “Judge Kent Doesn’t Want Your Sympathy (Or Does He?)”

Last month we asked you which holidays you worked on, or expected to work on, during 2007. About 10% of you reported that you expected to work on Christmas, and roughly 22% expected to work on New Year’s.
You were wrong.
We received about 1,300 responses to last Tuesday’s ATL / Lateral Link survey about whether you did, indeed, work over the holidays. Overall, a little over 36% of you worked at least one of those days. About a quarter of you worked on Christmas, and almost a third of you worked over New Year’s. Broken down by day, 22% of you worked on Christmas Eve, 10% on Christmas Day, 28% on New Year’s Eve, and 15% of you nursed your hangovers in the office on New Year’s Day.
Find out how it broke down by city, after the jump.

double red triangle arrows Continue reading “Featured Job Survey Results: Got Work?”

The tipster who forwarded this invite to us pretty much said it all: “Weil: Are you joking?”
Weil is currently ranked #9 on the Vault 100. How many spots should they be docked for this?
(In case you’re wondering, yes, we did contact the firm for comment. We did not hear back from them.)
Please join us at our diversity reception for first year law students next Tuesday, January 22nd! Please also note that the time for the reception has changed to 6:00pm to 9:00pm.
Our guest speaker, Star Jones, will be arriving at 6:00pm to mingle, so plan to be there early! Further details are below.
For those of you who cannot view the JPEG, here are the details for the event:
Location: STK
Date: Tuesday, January 22, 2008
Time: 6:00pm – 9:00pm
Special Guest Speaker: Star Jones of truTV (formerly Court TV)
RSVP by Friday, January 18 to [xxxx] or (212) 833-[xxxx]
Legal Recruiting Coordinator
Weil, Gotshal & Manges LLP
767 Fifth Avenue
Star Jones Reynolds [Wikipedia]
Star Jones [official website]

* How many legal blogs can land an interview with Flea? Oh wait — different Flea. [New York Personal Injury Law Blog]
* How is Stoneridge a victory for investors? Our big sibling explains. [DealBreaker]
* How many former law firm partners can claim the distinction of having appeared on the Tyra Banks Show? At least one. [Top of the Ticket / Los Angeles Times]
* How cool is it to be a lawyer? Susan Cartier Liebel opines, over at Blawg Review #142. [Build A Solo Practice via Blawg Review]

Sometimes being named Lawyer of the Day is a matter of being in the right place at the right time. From the AP:

Adam Jones Pacman Jones Above the Law blog.jpgA woman is seeking an arrest warrant against suspended Tennessee Titans cornerback Adam “Pacman” Jones [pictured], claiming he punched her at an Atlanta strip club. Fulton County Magistrate Court officials told The Associated Press on Tuesday that Wanda S. Jackson asked for the warrant after a Jan. 3 altercation at the Body Tap Strip Club.

Jackson, an attorney, says in her filing that she was in the club’s office when an angry Jones accused managers of stealing his money and bracelet.

“I was sitting in the office and he lunged at me numerous times in an effort to do grave bodily harm,” Jackson wrote in the warrant application filed Jan. 7. “Veronica Jones, an owner, went into the hall to deal with a member of his entourage. I followed to gawk. He was in the hall, surprisingly reached over or around a security guard and sucker punched me in my left eye.”

As for why a female attorney was at a strip club:

WSB-TV in Atlanta reported that Jackson said she was in the strip club because of a divorce case she is handling.

So what’s the over/under on how long it will take Jackson to file a civil suit against Jones?
Woman: Pacman Punched Her at Strip Club [Atlanta Journal Constitution]
Pacman faces trouble again [AP via]
Wanda Sherelle Jackson [State Bar of Georgia]

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