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David Bernick

As we just noted in Non-Sequiturs, the litigation powerhouse of Boies Schiller & Flexner has managed to fill the — possibly peep toe? — shoes that were recently vacated by Elizabeth Wurtzel. Trading one famous name for another, the firm just hired celebrated litigator David Bernick (as reported earlier today by Thomson Reuters).

So it seems that there will be two David B’s in the building. Boies Schiller was founded, of course, by the legendary David Boies, one of the greatest litigators of our time — known for his work on such marquee cases as Microsoft, Bush v. Gore, the Perry / Prop 8 case (which could end up in the Supreme Court), and too many others to mention.

Let’s take a closer look at David Bernick’s résumé, and analyze what his arrival means for BSF….

double red triangle arrows Continue reading “Musical Chairs: Star Litigator David Bernick Joins Boies Schiller”

As some of you may have noticed, I spent yesterday in the San Jose Federal Courthouse, watching (and furiously tweeting) the Apple v. Samsung trial. The trial is on recess today, and I’m back in my blogger cage bedroom office. I’ve got a rundown of all the excitement, awkwardness and humiliation that can only happen in a highly publicized celebrity murder, err, patent trial.

Click through to see what’s shaking as the trial progresses….

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Erika Awakening

Sometimes attorneys are desperate to find a way out of the legal profession. Sometimes that desperation will lead them down a strange road to an entirely new career — and not just a new career, but a new way of life.

Meet Erika Frick, a graduate of Stanford University and Harvard Law School. After graduating from HLS, Frick worked for the antitrust division of the Department of Justice and for the U.S. Attorney’s Office for the Northern District of California. But if you’re a member of the pickup artist community, you know Frick better as Erika Awakening, a New Age life coach and self-proclaimed guru of the seduction community. How frickin’ fabulous is that?

What would cause a Harvard-educated attorney on a rather prestigious career track to turn her focus to the Law of Attraction? Let’s find out….

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  • 13 Jul 2012 at 2:52 PM
  • Jobs

HEARING OFFICER

Grade: G Salary Range: Min: $72,926 / Mid: $91,158 / Max: $109,390

Playing a vital role in the economy of New York State and Connecticut, Metro-North Railroad, a subsidiary of the Metropolitan Transportation Authority (MTA), is the busiest commuter railroad in the nation with an annual ridership of over 82 million. A dynamic organization with a strong focus on customer service, safety, and new technologies, Metro-North employs approximately 5,900 people. Operating out of its home base in New York City’s historic Grand Central Terminal, the railroad’s three lines serve 120 stations in seven counties in New York and two counties in Connecticut. In 2011, Metro-North received the prestigious International Brunel Award for Overall Excellence in Railroad Design, recognizing its continuing work as a more efficient operation, its commitment to sustainability, and its focus on providing excellent customer service. Metro-North was the first American railroad to win this coveted award in its 26-year history. The competition is open to all passenger and freight railroads in the world. Metro-North has a reputation for rewarding employee resourcefulness and innovation, and offers excellent job opportunities in a challenging and diverse environment.

POSITION OBJECTIVE
Assist in the administrative functions of the Operations Division pertaining to the contractual disciplinary process, with the primary responsibility of conducting the disciplinary investigations required by the collective bargaining agreements and Metro-North Railroad policies and procedures.

RESPONSIBILITIES
Direct and conduct all aspects of the Operations Divisions’ contractually mandated disciplinary process. This involves the following responsibilities:
• Make a pre-charge assessment of the necessity for disciplinary action.
• Draft or approve the draft of the disciplinary charges.
• Review and approve all waivers of discipline.
• Schedule the disciplinary investigation and make all necessary arrangements and notifications.
• Authorize postponements of investigations.
• Ensure that witnesses are prepared and that all relevant documents and evidence are available and produced at the investigation.
• Conduct the disciplinary investigation.
• Make recommendation to charging department as to veracity of witnesses and the appropriateness of discipline.
• Ensure compliance with all contractual procedures and time limits.
• Provide support and assistance to the Senior Hearing Officer and Operations Division staff personnel.

REQUIRED QUALIFICATIONS
• In depth working knowledge of Collective Bargaining Agreements as they relate to disciplinary procedures.
• In depth working knowledge of investigation, trial and/or hearing procedures.
• Excellent investigative and interviewing skills with the ability to remain composed under adverse situations.
• Good understanding of arbitration process.
• Excellent analytical, oral and written communication skills.
• Excellent interpersonal skills with the ability to interact with all levels in the Company and union officials.
• Excellent reasoning and negotiation skills.
• Knowledge of standard safety policies and procedures.
• Working knowledge of Microsoft Office and/or comparable applications.
• Must be available to be on call 24/7 as required.
• Must have a valid Driver’s license.

PREFERRED QUALIFICATIONS
• In depth knowledge of Metro-North Railroad’s Collective Bargaining Agreements.
• In depth knowledge of Metro-North Railroad’s Operating Manual and General Safety Instructions.
• Knowledge of an integrated financial system, preferably PeopleSoft.

REQUIRED EDUCATION/EXPERIENCE
• Bachelor’s Degree in Labor Relations, Industrial Relations Transportation, Public Administration and/or related field.
• Demonstrated equivalent experience, education and/or technical credentials may be considered in lieu of degree.
• Seven (7) years of experience in an Industrial/ Labor Relations environment which includes conducting hearings, trials and/or investigations of disciplinary actions.

PREFERRED EDUCATION/EXPERIENCE
• Experience in an Operation environment as a manager or supervisor, which includes experience in conducting hearings, trials and/or investigations of disciplinary actions.

OTHER
This is a safety sensitive position and subject to toxicological testing.

SELECTION CRITERIA
To be selected for a position, an applicant must: (1) meet the minimum requirements in the job posting, (2) satisfy a
background investigation (which includes credit, if applicable), and (3) pass an oral interview, during which the interviewers will further evaluate the applicant’s qualifications for the position. Because the selection process is competitive, not all qualified applicants are granted an interview. If the Company extends a conditional offer to an applicant, it may require him/her to undergo a medical examination, which may include toxicological testing.

We offer a competitive salary and a comprehensive benefits package.

TO APPLY & SEE FULL JOB DESCRIPTION:
Please visit us at http://www.mta.info/mta/employment/

All Applicants must apply online to be considered. Metro-North no longer accepts paper copies of resumes.

MTA Metro-North Railroad is an Equal Opportunity Employer.

  • 05 Jul 2012 at 10:00 AM
  • Jobs

Associate Counsel

Grade: G Salary Range: Min: $72,926 / Mid: $91,158 / Max: $109,390

Playing a vital role in the economy of New York State and Connecticut, Metro-North Railroad, a subsidiary of the Metropolitan Transportation Authority (MTA), is the busiest commuter railroad in the nation with an annual ridership of over 82 million. A dynamic organization with a strong focus on customer service, safety, and new technologies, Metro-North employs approximately 5,900 people. Operating out of its home base in New York City’s historic Grand Central Terminal, the railroad’s three lines serve 120 stations in seven counties in New York and two counties in Connecticut. In 2011, Metro-North received the prestigious International Brunel Award for Overall Excellence in Railroad Design, recognizing its continuing work as a more efficient operation, its commitment to sustainability, and its focus on providing excellent customer service. Metro-North was the first American railroad to win this coveted award in the award’s 26-year history. The competition is open to all passenger and freight railroads in the world. Metro-North has a reputation for rewarding employee resourcefulness and innovation, and offers excellent job opportunities in a challenging and diverse environment.

POSITION OBJECTIVE: Represent and defend Metro-North in federal and state court and before administrative agencies, focusing on labor and employment law; provide legal advice and counsel to employees concerning labor and employment law; supervise and assist outside counsel.

RESPONSIBILITIES
• Litigation experience, with a substantive background in labor and employment law (e.g., federal, state and local EEO laws, FMLA, ADEA, ADA) and strong research, writing, and analytical skills;
• Effective negotiation and conflict resolution skills;
• Excellent oral and written communication skills;
• Ability to function independently, conform to specific time limitations and deadlines, and prioritize and manage varied caseload;
• Strong interpersonal skills and the ability to interact with all personnel levels within Metro-North and with external contacts;
• Demonstrated research and writing skills, including command of computer-based research tools, e.g., LexisNexis®;
• Working knowledge of Microsoft Office Suite and/or comparable applications.

REQUIRED QUALIFICATIONS
• Minimum three years of litigation experience with demonstrated facility in all phases of litigation, including preparing pleadings, conducting discovery, and making dispositive motions;
• Admission to the New York bar and “good-standing” status.

REQUIRED EDUCATION/EXPERIENCE
• Minimum three years of litigation experience with demonstrated facility in all phases of litigation, including preparing pleadings, conducting discovery, and making dispositive motions;
• Juris Doctorate from an accredited law school;
• Bachelor’s degree from an accredited college or university.

PREFERRED EDUCATION/EXPERIENCE
• Litigation experience in representing railroads, airlines or other transportation providers;
• Litigation experience involving the Railway Labor Act and the Federal Rail Safety Act;
• Admission to the Connecticut bar and “good- standing” status.

SELECTION CRITERIA
To be selected for a position, an applicant must: (1) meet the minimum requirements in the job posting, (2) satisfy a background investigation (which includes credit, if applicable), and (3) pass an oral interview, during which the interviewers will further evaluate the applicant’s qualifications for the position. Because the selection process is competitive, not all qualified applicants are granted an interview. If the Company extends a conditional offer to an applicant, it may require him/ her to undergo a medical examination.

We offer a competitive salary and a comprehensive benefits package.

TO APPLY & SEE FULL JOB DESCRIPTION:
Please visit us at http://www.mta.info/mta/employment/

All Applicants must apply online to be considered. Metro-North no longer accepts paper copies of resumes.

MTA Metro-North Railroad is an Equal Opportunity Employer.

Ed. note: Above the Law will not be publishing on Monday, May 28, in observance of the Memorial Day holiday.

UPDATE (5/28/2012, 11 PM): Unless, well, Dewey files for bankruptcy.

* This is a crazy idea to contemplate: Do bosses’ wives sabotage the advancement of women in the workplace? [The Careerist]

* Mary mother of pearl. This is terrifying. I wouldn’t pull this on my worst enemy. Well, maybe the worst, like an Emperor Commodus-level nemesis. [New York Personal Injury Law Blog]

*The LSAT is bad enough as it is, but no one warns you about how it can lead to getting L-fat. [Life in the Law School Lane]

* Petty crime, penny crime. Same difference. [Legal Juice]

* It’s a wonderful plot of land. You have the hillside, a great view, and if you walk down this way, you’ll see the mine field and our chemical weapons collection. We are offering a discount for… wait, why are you running away? [Courthouse News]

* Wow. Google says it removes a million copyright infringing links… every month. Last month more than half of the requests came from Microsoft. [Threat Level / Wired]

I work in a highly competitive sales market. Underhanded deeds, though never perpetrated by my clients, are de rigeur in this field. There seems to be an ethical handbook for sales folks that has a theme of “ethics smethics –- close the deal at all costs.”

At quarter-end, or worse, year-end, this mantra can infect an attorney’s most rigid values. It is at these times when we must be on guard against the pressure to close. The pot at the end of the rainbow will look rather less shiny when tarnished by an ethics violation. None of this is news to most in-house folks.

With an economy on a slow crawl back to health, and internal pressures from all sides to cut costs and maximize revenue, shenanigans from sales people are rife in war story lore. But what of bad behavior by customers? I can tell you that after my years in-house, when I thought I’d already seen it all in private practice, I was quite wrong….

double red triangle arrows Continue reading “House Rules: Sometimes The Customer Isn’t Always Right”

Matthew Powers: 'pimp hands' don't knot neckties.

The renowned IP litigator Matthew Powers, founding partner of Tensegrity Law Group, has a nickname here at Above the Law. We like to call him Matt “Pimp Hand” Powers. Back in 2008, a paralegal at Weil Gotshal alleged in a lawsuit that Powers, former cochair of litigation at Weil, ruled over his domain by alternating between use of the “pimp hand” and the “mojo hand.” The “pimp hand” was used to intimidate and coerce, while the “mojo hand” was used to stroke and cajole.

Over the years, numerous litigants have felt the sting of Powers’s pimp hand. He has been described, quite accurately, as “one of the most feared, respected, and successful patent litigators in the country.” As noted on his website bio, Matt Powers “is known for taking tough cases to trial and winning them,” on behalf of leading technology companies like Apple, Oracle, Microsoft, and Intel.

But now the tables have turned. Powers recently found himself on the receiving end of a benchslap — from a lowly administrative law judge, ick….

double red triangle arrows Continue reading “Benchslap of the Day: Leading IP Litigator Gets Taste of ‘Pimp Hand’”

The common narrative, echoed by Mitt Romney supporters and others who hate dogs, is that Wall Street types are dropping the President like Randolph and Mortimer Duke tried to drop Billy Ray Valentine in Trading Places. It’s like all of Wall Street said, “A Negro running our country, don’t be ridiculous.”

That’s the movie the GOP would like to write.

But, as happens so often, Republican fantasies bear little relationship to reality. A new report from Bloomberg shows that Obama is doing just fine when it comes to support from employees working at Wall Street’s best banks. It’s probably because female contraception is a lot cheaper than paying child support.

Obama isn’t just raising money from employees at banks. Quite a few lawyers are also in the tank for Obama. Employees at one Biglaw firm are leading the charge, and given the firm, we imagine that the money is pouring in from all parts of America, parts of Europe, and perhaps even the firm’s exploratory office in the Marianas Trench….

double red triangle arrows Continue reading “Which Biglaw Firm Is a Top Obama Super PAC Contributor?”

And so last week I wrote about mentors, questioning whether today’s young lawyers considered them crucial to professional and personal development. I questioned whether the high calling of being a lawyer has today been reduced solely to a desire for cash, and as such, nothing more than the hope to be “first” on Google and have a “game changing” web presence.

Which brings me to what you can call “Part II” of last week’s mentoring post, and an example of a lawyer to emulate.

There are certain lawyers that bring to mind a one- or two-word description. David Boies — Bush / Gore, Morris Dees — Civil Rights, Clarence Darrow — Criminal Defense, and when I hear “First Amendment,” I think Marc Randazza.

When I hear “first page of Google,” I can’t name one lawyer, and if I can, it’s not a lawyer that matters, except maybe to a bunch of lawyers looking to be the next internet sensation. Being an internet sensation as a lawyer is no different than having been a yellow pages sensation in the previous generation. Ever seen an obituary of a lawyer that said: “She was respected for her two-page, multicolored ads that were placed ahead of all other lawyers in the yellow pages”?

Marc Randazza isn’t an internet sensation. He’s only got about 275 followers on Twitter (and is therefore clearly on his way out of the profession if you ask any social media expert), but Marc Randazza matters.

Would you like to matter in this profession? Will you ever do anything important — anything that causes others to think of you as “that” lawyer for “that” type of case or issue? Or are you just hoping to win that stupid lawsuit against your law school for forcing you to go there because they promised you a job? Or maybe you’ve just bought in to the lie that to survive as a lawyer, you must vomit all over the internet with whatever your marketer tells you is the latest trick to game Google?

And before the commentariat’s collective head explodes, yes, Marc Randazza is my lawyer. I’m in the group currently being sued by Joseph Rakofsky….

double red triangle arrows Continue reading “The Practice: A Lawyer to Emulate — Marc Randazza”

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