Last month, DLA Piper lost a prominent former lawmaker from its ranks when Dick Armey had to step down due to controversy over his remarks about healthcare reform. This week, DLA has a new Republican to tout: former U.S. Senator Mel Martinez.
Martinez, who hails from the Sunshine State, announced last month that he was ending his senatorial term early. From the BLT:
A Florida Republican and the first Cuban-American elected to the Senate, Martinez announced in August that he would resign with more than a year remaining on his first term, saying that “it’s time I return to Florida and my family.”
The BLT says Martinez will be a partner in DLA’s offices in both Washington and Tampa, though in DLA’s press release Martinez emphasizes the time he’ll be spending in Florida: “Working in DLA Piper’s offices in Florida, I look forward to helping the firm grow its practice in Latin America and collaborating with a team of distinguished lawyers and professionals with the highest level of legislative knowledge and diplomatic skill.”
Specifically, Martinez might want to help DLA Piper grow its practice in Cuba. When Martinez resigned from Congress, he told the Washington Post:
“Even though I will no longer hold public office, my passion to work to see the day when people in Cuba will live in freedom will continue,” he said.
Over at Politico, Kenneth Vogel discusses the quick jump from the Hill to the Piper.
It’s too early to take nominations for this year’s law revue contest. But an early contender will surely be a video we received from students at Boston College Law School. It’s a spoof of BC law professor Scott Fitzgibbon’s anti-gay marriage commercial. Here’s the set-up, from the BC Student Bar Review (that’s a social organization, for 1Ls still wondering what happens outside of the library):
The next bar review will begin at 8pm this Thursday, October 1 at The Kells…. We can hear some of you already: “but guyssssss, The Kells is full of meatheads in Red Sox hats.” Well, we’ve got a news flash for you, Little Lord Fauntleroy: every bar in Boston is full of meatheads in Red Sox hats, and very few of them have dance floors as spirited or drinks as reasonably priced as The Kells. We find it to be a great place to blow off some steam, get weird on the dance floor, and accost your TA from LLRW and force him to do shots of Jameson with you.
However, as Dean Garvey reminded us in his memo, we must be respectful of those who disagree with us, no matter their beliefs. In the spirit of providing equal time, we have included a brief video message from the opposition:
The Kells is the kind of place that makes you want to bathe yourself in lye when you wake up the next morning afternoon. Here’s what the loyal opposition has to say:
After the jump, would the real Professor Fitzgibbon please stand up?
I’m a 1L at a T14 law school in the midwest. I did my undergrad at the same school, but took a year off before I matriculated to law school. Some of my college friends are now 2Ls. It’s only been a little bit of time since I came back, but over the past year it looks like my former easy-going friends have turned into complete assholes. They’ve become obsessed about the “status” of our school. They are constantly complaining about jobs and money. And they never want to do anything unless it has a direct benefit to their GPAs or their résumés.
How did this happen? Is it the economy, or does law school just do this to people? I don’t want to become like them. Is there any hope for me?
Dear Lone Ranger,
The bitter lawyer is more than a stereotype and a website. It’s a way of life. Ever wonder what happened to all those bushy tailed, fashion-Keffiyeh-wearing Creative Writing majors that went to law school for Burmese asylum cases? They’re in the office next to you working on McDonald’s debt offerings and drafting in the passive voice, their will to live creativity successfully beaten out of them after years of getting points off for failing to cite every sentence and enduring Civil Procedure puns. Neither vicious persecution nor death could crush Anne Frank’s spirit, but then again, she never attended law school.
Since it’s certain that you’ll eventually join your friends at Club Bitter, the real question is, just how bitter will you become?
A graphical representation follows after the jump.
Who says the wheels of government turn slowly? Earlier this month, we reminded you that Justice Department Honors Program applications were almost due. Now, three short weeks later, candidates are hearing back about interviews. Sources report:
“DOJ Honors interview notifications have gone out. I was fortunate enough to snare one in the Civil Division. You might want to put up an open thread for discussion.”
“Interview invites came out Wednesday, information about which component came out Thursday. Open thread?”
We aim to please. Here you go.
If interview notifications went out on Wednesday, was that ahead of schedule? According to the list of key dates on the Honors Program website, today is supposed to be the day that the DOJ “notifies candidates selected for interviews by e-mail.”
Feel free to discuss the Honors Program interview process — which components you’re interviewing with, what you’d like to know about the process, or what you already know about the process (for those of you who have been through it) — in the comments.
This Sunday marks Michael Vick’s official return to the National Football League–an event that has been widely criticized by People for the Ethical Treatment of Animals (“PETA”), as well as some sports writers and doggie bloggers.
What those who criticize NFL Commissioner Roger Goodell for reinstating Vick fail to understand, however, is that the NFL may have ultimately lacked any real choice. Had the NFL not reinstated Vick, Vick could have potentially filed an antitrust lawsuit against the 32 NFL clubs for concertedly refusing to deal with him. Even though such a lawsuit would have likely failed in the Second and Seventh Circuits (due to the holdings respectively in the Clarett and American Needle cases), a lawsuit against the NFL clubs would have likely gotten to a jury in the Third, Sixth, Eighth and D.C. Circuits–all places where professional athletes have previously won large antitrust settlements.
As a quick background in antitrust law, Section 1 of the Sherman Act, in pertinent part, states that “[e]very contract, combination … or conspiracy in the restraint of trade or commerce … is declared to be illegal.” Although most Section 1 claims involve restraints of trade related to product markets, the Sherman Act likewise prohibits restraints in labor markets, as long as these restraints occur outside of the proper workings of a collective bargaining agreement (“non-statutory labor exemption”).
Courts in general determine whether a particular restraint violates Section 1 of the Sherman Act in three steps. First, courts will determine whether a particular restraint emerges from a “contract, combination or … conspiracy” among two or more parties. Next, they will determine whether the restraint yields a net anticompetitive effect to consumers. Finally, they will assess whether any antitrust exemption would negate the finding of liability.
After the jump, how might a court weigh these factors?
* Paul G. Kirk is America’s interim, new filibuster busting Senator. [New York Times]
* Apparently, Kirsten Dunst isn’t the most powerful witness. Why didn’t her lawyers just give her a script? [New York Post]
* McKool Smith expands its New York office space. [Am Law Daily]
* A New York lawyer received a glowing recommendation in the Daily News. “[Joseph] Tacopina is the kind of lawyer who makes you want to get into trouble so he can defend you.” Long live trial lawyers. [Daily News]
* I learned a new word: Superfetation. It means “I don’t know when to stop procreating.” [Trans World News]
* If you are a pilot and you are stalking somebody, isn’t it natural that you’d do it from your plane? [CNN]
In February of this year, Senator Jim Bunning predicted that Justice Ruth Bader Ginsburg would be dead in nine months from pancreatic cancer. It was a horrible and tasteless prediction, for which Senator Bunning apologized. But might he be right? Here’s the latest news about Justice Ginsburg’s health. From the Associated Press:
Supreme Court Justice Ruth Bader Ginsburg was hospitalized Thursday after becoming ill in her office at the court following treatment for an iron deficiency.
The 76-year-old justice, who underwent surgery for pancreatic cancer in February, was taken to Washington Hospital Center at 7:45 p.m. EDT as a precaution, a statement from the court said.
* David Lat, Tony Mauro, and Matt Welch discuss how the new media covers the law. [Legal Blog Watch]
* The 25 “most dangerous” colleges in America. Yes, of course Yale is on this list! [Tax Prof Blog]
* Muammar Gaddafi has some thoughts on international law. [Miss Trials]
* Ladies, “flaunting your curves” does get you noticed. I’m not sure if that is a good thing. [Adjunct Law Prof Blog]
* Complicated laws v. Simple laws. [The Volokh Conspiracy]
* A Red Sox fan was allowed to temporarily leave jail to see a Red Sox game. This bears repeating: post the second, 2007 championship, there is no difference between Sox fans and Yankee fans. None. You’ve become what you beheld and your children will never know the joy of rooting for an underdog. [Yahoo]
Dorsey & Whitney’s managing partner, Marianne D. Short, was making the rounds in the Minneapolis office yesterday, talking to associates there about the future of the firm.
That future might be one without lockstep compensation. A source reports:
[T]he firm [suggested] it was restructuring our compensation. They did not give us any specific details. But, it seems likely that this will result in another large pay cut for associates. While hazy on the details, Dorsey management indicated that the restructuring will be something like this: we will be given a base pay rate which will be below market (whatever that means these days, but regardless, likely well below what we are currently making after our 10% pay cut), which will be supplemented by a ‘bonus’ if we make our hours to bring compensation up to market.
Alright, slow down. While it does appear that Short broached the subject with associates in Dorsey’s Minneapolis office, it appears that there are still a lot of evaluations and reviews that will have to take place at Dorsey before any final decision is made. It is premature to speculate about what kind of new base salary the firm might offer.
But it does look like the firm is considering a new system. We have statements from the firm and more from our tipsters, after the jump.
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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 six years. You can reach them by email: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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