An associate at an LA law firm sent us the following language, found in the governing law/disputes section of a software license agreement:
“This agreement is governed solely and exclusively by the principles written in the Holy Bible. All disputes must be mediated by a mediator nominated by the Institute of Christian Conciliation under the Rules of Procedure for Christian Conciliation.”
Our source asks “Have you ever seen this before? How are disputes resolved? If you don’t pay the other side what you owe, are you going to hell?”
If only you had gone to Regent Law School.
This email message, from Professor Erwin Chemerinsky to Duke law school faculty and students, went out ten minutes ago.
Also, here’s some coverage from the Los Angeles Times.
———- Forwarded message ———-
From: “Erwin Chemerinsky”
Date: Mon, 17 Sep 2007 13:07:53 -0400
It is with excitement and sadness that I am writing to tell you that I have accepted the position to be the founding dean of the Donald Bren School of Law at the University of California, Irvine. After meeting with Chancellor Michael Drake at length this weekend, I accepted his renewed offer. He provided me the greatest possible assurance of academic freedom for the dean and all faculty.
It has been one of the strangest and most difficult weeks of my life. I cannot possibly express my thanks for all of the support that I received from the law school’s faculty, administrators, and students. I am sad to be leaving this wonderful supportive community, though excited about the new challenges ahead. Chemerinsky to return as UC Irvine law dean [Los Angeles Times]
We heard about this first from a tipster with an offer. But it’s confirmed by the firm website of Winston & Strawn:
Winston & Strawn associates who join the firm from judicial clerkships receive a clerkship bonus. Currently, the bonus paid to U.S. Court of Appeals and District Court clerks is $50,000. U.S. Supreme Court clerks receive a clerkship bonus that is competitive with the bonuses paid by other large national firms.
There’s no longer any doubt that $50K is the going rate for clerkship bonuses. But we will keep covering the subject, even if it’s not super-exciting, to encourage the firms that have yet to match to ante up.
Are you aware of clerkship bonus news that we haven’t previously reported? If so, please email us (subject line: “Clerkship Bonus Watch”). Thanks. Judicial Clerks at Winston: Compensation & Benefits [Winston & Strawn]
Okay, so the folks over at TMZ.com don’t chase them around yet. But here at ATL, we adore legal celebrities — and invite you to send in your encounters with them, for our Eyes of the Law sightings column.
Last Friday, for lovers of legal boldface names from the left or the right, William & Mary School of Law was the place to be:
William and Mary Law School (and the College) had a series of speakers of today, all wedged into a very tight schedule. They included:
At noon, former Dean of UC Irvine School of Law Erwin Chemerinsky. Unfortunately, I didn’t go to his talk, so I can’t say whether he talked about the controversy.
At 1 PM, UC Berkley professor (and evil incarnate if you believe some blogs) John Yoo spoke. Yoo said in his introduction that he was being “wedged in” between “the former Dean of UC Irvine” and Stuart Taylor, who was speaking at 2 on his book on the Duke rape case, “Until Proven Innocent.”
We also had a panel on Saturday on “Judicial Modesty,” which included such leading lights as Dahlia Lithwick, Michael McConnell, Carter Phillips and Jeffrey Rosen. See here (PDF).
Quite the weekend for legal geeks! (Er. You know. If I was one of them).
Although this tipster wasn’t at the Chemerinsky talk, other ATL readers were. Check out this video, posted on the blog of the W&M chapter of the American Constitution Society. Isn’t Chemerinsky adorable?
Additional discussion of the Erwin Chemerinsky and John Yoo appearances, after the jump.
Jeffrey Rosen’s book about famous court personalities and rivalries is an interesting history packed into a professorial thesis. [A] biography of Justice Clarence Thomas by the Washington Post’s Kevin Merida and Michael Fletcher is a credible, but limited, look at the justice. In addition, Thomas himself was paid a reported $1 million to write a book that is slated to come out this fall.
If you’re interested in the Supreme Court as an institution and as a collection of personalities, though, Toobin’s is the book to read.
Hey Nina, what about the book by that rather attractive lady reporter?
Supreme Conflict, by ABC’s Jan Crawford Greenburg, contains a fair amount of good conservative gossip about the nomination of Chief Justice John Roberts and Justice Samuel Alito, but it lacks the balance, substance, and context of Toobin’s book.
Are you wondering what’s going on in the case of Aaron Charney v. Sullivan & Cromwell? You’re not alone.
We went to check the case’s status on the electronic docket, but couldn’t find the case by party name or by index number (Charney v. Sullivan & Cromwell LLP: 100625/2007; Sullivan & Cromwell LLP v. Charney: 600333/2007). This caused us to wonder: Has the litigation been settled?
Apparently not. Sources close to the case tell us that it hasn’t been settled and that there was a court hearing not too long ago. We don’t have more details, but if we get them, we’ll pass them along.
So what can we tell you?
1. S&C Man of Mystery Gera Grinberg — perhaps the critical witness in this case, who left the firm under mysterious circumstances — had his birthday last month. A reader pointed us to his attorney registration information on the New York courts website.
This tipster also noted that Grinberg’s attorney registration status was recently updated, but does not list an employer. This suggests he has not yet found new employment since leaving 125 Broad Street. Does anyone know where he might be?
2. Could the Charney case be affecting S&C’s recruiting this year? Possibly. We reprint an interesting tip, suggesting that it’s affecting the firm’s reputation, after the jump.
Do you have any inside info on the latest developments in the Charney case? If so, please drop us a line. Thanks.
We reminded you on Friday, but we fear our post got lost in the shuffle. If you’re part of the plaintiff class in the Bar/Bri class action — and since you’re reading ATL, you probably are — then the deadline for filing your proof of claim is this Monday, September 17. So if you want your $125 or so, you need to act now.
Is the settlement a good deal? We largely agree with this commenter:
That settlement is a disgrace. The plaintiff class was sold up the river…. But I’ll take the money and run.
Just like most of you (see poll results), we filed a claim, knowing that we’re being undercompensated. And knowing that we’re acting against the advice of The Legal Diva — a named plaintiff in the case who now opposes the settlement. From The Recorder:
Loredana Nesci, a 2005 graduate of Quinnipiac College School of Law in Connecticut, said lead attorney Eliot Disner initially convinced her he’d built a strong case against BAR/BRI and would seek to break the company apart. “We were promised the moon and stars by Disner,” she said.
But Nesci said everything changed after Disner’s former firm — Los Angeles’ Van Etten Suzumoto & Becket — was acquired by McGuireWoods.
“After that merger, I think that McGuireWoods took Eliot, gagged him [and now] he’s in a basement in their firm, because I can’t find the guy,” said Nesci, now a practicing attorney based in Studio City.
It seems that the Legal Diva — er, Ms. Nesci — was right about Disner. Her “gagged in a basement” comment appeared in a February 2007 article. A few months later, in May 2007, Eliot Disner was fired by McGuireWoods (after he criticized the settlement). For more on her Diva-ness, check out her website, which is a real trip. Her bio describes her past work as a police officer for the LAPD, explains how she earned the title of “Legal Diva,” and boasts of how she was “quickly gaining notoriety for being a colorful and cunning attorney.” It also mentions that she “enjoys working with feral cats,” which sounds apropos for a Legal Diva. MEOW!
(See especially the super-cute testimonials from her clients, including Doug Smith, at right. We don’t want to know what types of matters she handled for him….) Bar/BRI Class Action Litigation [official website] The Legal Diva: Loredana Nesci [official website] $49M Disappoints Some in Lawyers’ Class [The Recorder] Earlier: A Friendly Reminder: The BAR/BRI Proof of Claim Deadline Is Monday!
As promised, here’s an update on the recent, sudden passing of a first-year student at Yale Law School. From the Yale Daily News (which we alerted to the story):
A first-year Yale Law School student was found dead in his apartment Thursday night.
“From what we know at this point, we only have reason to believe he died of natural cases [sic],” Yale Law School Dean Harold Koh said in an address to the entire law school community Friday afternoon. “We need to draw on our sense of community.”
Authorities are still investigating whether a gun was used when O.J. Simpson and others entered a Las Vegas hotel room and, after a heated argument, walked off with sports memorabilia.
The incident was reported to police during a 9-1-1 call as an “armed robbery,” though Simpson claims no break in or crime was committed and he was simply retrieving his own possessions.
And then he drove off in a white Bronco.
Okay, not really — but the story is similarly bewildering. It seems O.J. was engaged in a bit of self-help, conducting a “sting” operation against collectors he believed were in possession of sports memorabilia that really belonged to him. But it’s not clear how the collectors came into possession of the memorabilia in the first place.
If you care about this story — we’re trying hard, but not really feeling it — the AP has more details here. Theft Probe: Police Question O.J. Simpson, Search For Gun [Fox 5] Simpson Named Suspect in Casino Break-In [Associated Press via Las Vegas Review-Journal]
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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: firstname.lastname@example.org.
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.
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.