Partner Issues

As we noted in Morning Docket, many former partners of Dewey & LeBoeuf are less than pleased with the proposed settlement between the D&L bankruptcy estate and ex-partners of the firm. Preliminary reactions “rang[e] from skepticism to anger,” according to Am Law Daily.

In the words of Mark Zauderer, counsel to almost 60 former Dewey partners, “I’m not seeing overwhelming enthusiasm for the proposal.” A former D&L partner was even more blunt: “I think this is destined to fail. Let the trustee [of a Chapter 7 liquidation] go for it.”

But not everyone holds such negative views. One ex-partner — who claims that he’s being asked to pay more than he thought he owed, and that he’ll have to postpone his retirement by several years due to Dewey’s downfall — told Thomson Reuters that he will vote for the deal anyway. “My view is there’s nothing less desirable than having this drag out for years,” he said. “I’m willing to pay a lot of money to have this go away.”

Dewey have other issues besides how to deal with former partners? Most certainly. There are pressing problems regarding the disposition of client files, as well as issues regarding retirement benefits for former Dewey & LeBoeuf employees….

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(And bad news for D&L 401(k) participants.)

* “I think this is destined to fail.” People are not happy with the proposed settlement plan for former Dewey partners, but who are they kidding? These people don’t exactly like to part with money — not even to hand out bonuses. [Am Law Daily (sub. req.)]

* Andrew Levander, a partner at Dechert LLP, is representing ex-Barclays chief executive Bob Diamond. Diamond hasn’t been charged with anything, but this white-collar defense lawyer’s apparently been on his side since 2010. [WSJ Law Blog]

* Money talks: lawyers and law firms are the top donors by industry to presidential campaign funds, with Kirkland & Ellis leading for Romney, and DLA Piper for Obama. [Capital Business Blog / Washington Post]

* Escándalo! Louis Freeh’s report revealed that PSU’s “seriously deficient” counsel billed a whopping 2.9 hours on an incident involving Jerry Sandusky’s locker room shower with a young boy. [Centre Daily Times]

* But here’s where the football chatter comes in (not that I know a lot about football): legal experts say Freeh threw an “incomplete” with this report, because it didn’t go far back enough in time. [New York Daily News]

* Sorry, lady, but you didn’t need to attend a Justin Bieber concert for his music to allegedly cause permanent damage to your ears to the tune of $9M. All you really needed to do was turn on the radio. [Chicago Tribune]

Debtor in possession -- of a sign? Dewey still seems to have signage outside 1301 Avenue of the Americas. (Photo taken on Tuesday by yours truly.)

Ever since the once high-flying Dewey & LeBeouf filed for bankruptcy in late May, observers have been wondering about what type of financial arrangement the firm might work out with its former partners. Last month, we discussed the outlines of a possible settlement between D&L and its ex-partners, in which former partners would pay a certain amount of money into the Dewey bankruptcy estate in exchange for being released from future claims by Dewey’s estate, the firm’s creditors, and fellow ex-partners.

Would such a plan fly? We noted that the broad outlines sounded reasonable enough, but that much would turn on the specific contours of the proposal — especially the amounts that the partners would be asked to pay, and the methodology for determining those sums.

In the wake of a meeting held yesterday afternoon here in New York at a hotel in midtown Manhattan, we now have some additional information on that front….

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Big Bay Boom

* What kind of a Dewey pun will be used later today when we discuss this global “clawback” deal for former D&L partners? I dunno, but “Dewey know how f**ked we are?” seems rather appropriate at this point. [Wall Street Journal (sub. req.)]

* Judge Lucy Koh recused herself from a Facebook privacy lawsuit without providing a reason for doing so. Given that a petition to impeach her popped up online, she probably doesn’t want to piss off any other tech companies right now. [Reuters]

* Mississippi: a state where legislators want to protect women from unscrupulous abortion practitioners their own choices about their bodies. A judge has extended a temporary order to allow the state’s only abortion clinic to remain open. [CNN]

* Good news, everyone! Median starting salaries for recent law school graduates are no longer in the six-figure range due to an “erosion in Biglaw jobs.” Still think you’re going to make big bucks? [ABA Journal]

* A San Diego, California fireworks fiasco that lasted all of 15 seconds yielded not only a bunch of fabulously entertaining YouTube videos, but also great lawsuit fodder for environmental groups. [National Law Journal]

* Note to unemployed law school graduates in New Jersey: selling black-market kidneys isn’t a half-bad career choice, because if you get caught, you’ll likely only be sentenced to 30 months in prison. [Bloomberg]

As we continue to expand our coverage of law firm partners and in-house counsel here at Above the Law, we are looking for talented individuals who have experience with these constituencies in a marketing and/or editorial capacity and who wish to join a fast-paced, growing media company. The market experts will work closely with the ATL editorial, research, and business teams to develop new products and services targeting in-house lawyers and partners at large law firms.

If you are interested, please send your résumé and a cover letter explaining how you are perfect for this job — a full-time position, with benefits — to [email protected]. We welcome your ideas on how we can engage with these audiences even more, and we look forward to hearing from you.

Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, they are collected here.

I want to a be a Biglaw trial lawyer. If you could care less about trial work, but are in Biglaw, feel free to substitute whatever word you want for the word “trial” in the previous sentence — M&A, IPO, appellate, etc.

Why trial work, other than it seems like a good way to put my lack of nervousness when speaking publicly to productive use? Because I have always enjoyed days spent in court, and no matter how much fun it can be to take a contentious deposition or argue a motion, there is simply nothing like the atmosphere, teamwork, and total focus that a trial commands. Toss in the ability to avoid unpleasant obligations by saying “I am prepping for trial,” and the chance for a long vacation afterwards, and you get a great deal Biglaw-wise.

Since Biglaw is not the ideal training ground for trial work, I realize that I need to very flexible and patient if I realistically hope to have a trial practice down the road. In the meantime, I will continue looking for opportunities to work on trials, and I am willing to do some unorthodox things to accelerate my current pace of one trial every five years.

But first, some context….

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* Dewey know how many professional firms have been allowed to stay on as advisers for the largest law firm bankruptcy in U.S. history? Six out of nine firms were permitted to continue services, but Proskauer wasn’t one of them. [Am Law Daily (sub. req.)]

* In other defunct firm news, Al Togut will be presenting Dewey & LeBoeuf’s former partners with a proposed settlement on Wednesday. You’ve been warned: prepare yourselves for some Biglaw-style bitching. [Thomson Reuters News & Insight]

* Despite reports of the billable hour going the way of the dodo bird, it looks like they’re here to stay. Right now, corporate law departments are still much more excited about alternative billing arrangements than law firms. [WSJ Law Blog]

* Judge Sam Sparks, the King of Benchslaps, dismissed Lance Armstrong’s lawsuit against the USADA in record time. That ruling came too quickly — guess it’s time to investigate judicial doping. [New York Times]

* Marc Dreier’s son, Spencer Dreier, is representing himself pro se in a defamation suit against his former college roommate. Looks like Daddy couldn’t spring for his kid’s lawyer while he was in the clink. [Bloomberg]

* A California woman claims that the Food and Drug Administration’s methods regarding sperm donations are unconstitutional. Why should she have to go to an intermediary to get sperminated? [Huffington Post]

* Do you smell what The Rock is cooking? It’s not exactly something to be proud of. Actor Dwayne Johnson is listed as a “co-conspirator” in a $1.8M fraud lawsuit that’s been filed by a South Florida family. [NBC Miami]

We’ve previously written about Sullivan & Cromwell’s so-called mailroom of death. To make a long story short (see our previous coverage here, here, and here for the full background), a Biglaw mailroom mixup caused Cory Maples, a Alabama death-row inmate, to miss a deadline for filing an appeal. The Supreme Court intervened, and ruled that in light of a “perfect storm of misfortune,” Maples would not be barred from appealing his conviction because of S&C’s epic screw-up.

Of particular note, however, is the fact that this pro bono debacle came about thanks to the apparent forgetfulness of Jaasi Munanka and Clara Ingen-Housz, two former SullCrom associates. Justice Ruth Bader Ginsburg pointed this out in her majority opinion (PDF), stating that “[w]hen the associates left Sullivan & Cromwell, they never notified Maples and didn’t seek leave to withdraw.” Because when you effectively abandon a client, SCOTUS is sure to call you out for doing so.

Both Munanka and Ingen-Housz have since moved onwards and upwards. Munanka is now a partner at Hogan Lovells in Denver, and last we heard of Ingen-Housz, she was an associate at Baker & McKenzie. But as always, our tipsters have been keeping a watchful eye on the situation, and now we’ve got some news about Ingen-Housz’s employment situation….

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Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, check them out here and here.

I really enjoy the writing of Dr. Atul Gawande, the New Yorker contributor who is also a practicing surgeon. For one thing, surgeons are very interesting creatures — in many ways, they are the trial lawyers of the medical field. Just like trial lawyers (and generally litigators who do more than just brief writing), surgeons need to acquire certain basic technical skills, but the true measure of their value lies in their ability to achieve, through the exercise of leadership and artistry, a favorable result for the client or patient. And just as it takes years of residency and fellowship for surgeons to transition from technical proficiency to artistry, so too must the aspiring Biglaw first-chair trial lawyer undergo a seemingly interminable apprenticeship on the road to courtroom glory. (At least surgeons never lack, due to the frailty of the human body, practice subjects. Biglaw trials are harder to come by — but that is an issue for future exploration.)

Back to Dr. Gawande — something he recently prepared caught my eye. In early June, Dr. Gawande was invited to give the commencement address at Williams College, and his remarks were posted on the New Yorker’s website shortly afterwards. In his talk, Dr. Gawande argued that avoiding catastrophic outcomes — e.g. a stalled career, a Dewey, etc. — is possible, but only if the decision-makers are capable of recognizing the risks of their current paths and able to practice the “art of rescue”….

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Happy Fourth of July week. If you’re like me and didn’t take vacation this week, I hope you enjoy not being hassled and shopping online. If you live in D.C., I hope you are appreciating your nice, employer-provided air conditioning.

Seeing as it’s almost America’s birthday, I’m saddened to have to tell you that our president has had to withdraw his nominee to be the next ambassador to the Netherlands. I know, it’s a terrible blow, please consult with a grief counselor if you are having trouble dealing with this news.

President Obama’s nominee for this distinguished post withdrew from consideration after he was charged that most American of crimes: getting liquored up, driving around, and allegedly resisting arrest.

That’s a party in the U.S.A. It’s definitely not a Netherlands party.

And I did I mention that our guy is a Biglaw partner?

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