Proskauer Rose

Afternoon Docket: 04.29.13

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A needed essential for Justice Breyer?

Ed. note: Apologies for the technical difficulties that have prevented us from posting until now. Thanks for your patience!

* Attention prospective law school applicants: affirmative action, at least as we currently know it, may not be long for this world. A decision in the Fisher v. University of Texas case is expected as early as this week. Stay tuned. [Reuters]

* Justice Stephen Breyer had to get shoulder replacement surgery after having yet another bike accident (his third, actually). Please — somebody, anybody — get this man some training wheels. Justice is at stake! [New York Times]

* “We’re not going to take it, goodbye.” That’s what retired Justice Sandra Day O’Connor wishes the high court would have said when it came to the controversial Bush v. Gore case. [Chicago Tribune]

* Thanks to the sequester, the Boston bombings case may turn into a “David and Goliath” situation. Sorry, Dzhokhar, but your defense team may be subject to 15 days of furlough. [National Law Journal]

* George Gallantz, the “founding father” of Proskauer’s sports law practice, RIP. [New York Law Journal]

* Leo Branton Jr., the defense attorney at the helm of the Angela Davis trial, RIP. [New York Times]

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Career Alternatives for Attorneys: Startup Founder

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The stereotypical lawyer is risk-averse. But every stereotype has exceptions. Some lawyers — perhaps you? — have ideas for innovations that they leave the law to pursue.

Are you interested in leaving the practice of law to pursue an entrepreneurial venture? Maybe you can learn some lessons from the experiences of today’s lawyer turned businessperson….

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Does Ropes & Gray Hate the Old and Gray?

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Patricia A. Martone

“You can’t eat the orange and throw the peel away — a man is not a piece of fruit.”

– Arthur Miller, Death of a Salesman (affiliate link)

Take this famous line and replace “man” with “law firm partner,” and you’ve captured the gist of the lawsuit against Ropes & Gray brought by Patricia Martone, who alleges age and sex discrimination by her former firm. (Martone, a former IP litigation partner at Ropes, is now a Morrison & Foerster partner.)

When I broke the news of this lawsuit back in 2011, I expected a speedy settlement. Would Ropes really want to go toe to toe with a pair of high-powered litigatrices, namely, Martone and her formidable employment lawyer, Anne Vladeck?

But here we are, two years later, and the battle rages on. Ropes has hired a third leading litigatrix to defend itself. Let’s learn the latest news….

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Morning Docket: 03.08.13

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‘What, no power rings for the Law School Avengers?’

* In case you didn’t catch this yesterday when it was announced, Osama bin Laden’s son-in-law, Sulaiman Abu Ghaith, is currently being held for trial in New York City. This will be the most unbiased jury in the world. /sarcasm [New York Times]

* According to Justice Anthony Kennedy, democracies shouldn’t depend “on what nine unelected people from a narrow legal background have to say.” Well then! I suppose we should look forward to the uprising. [The Big Story / Associated Press]

* Cooley and Winston & Strawn are working on the $600 million sale of everyone’s favorite store for slutty Halloween costumes, Hot Topic. Apparently that store still exists. I had no idea. Good to know! [Am Law Daily]

* Proskauer Rose is now the most powerful Biglaw firm in the sports world. It just goes to show that even if you’re too awkward to play ball, it doesn’t mean you can’t hit it out of the park in court. [Sports Illustrated]

* “I would love to blink and wake up in 10 years and see where all this ends.” Unemployed law grads are probably saying the same thing, but hopefully these law school law firms will be beneficial. [New York Times]

* A group of legal heavy hitters — “The Coalition of Concerned Colleagues” — submitted a cutting letter to the Task ABA Force on Legal Education. Next time, try “The Law School Avengers.” [WSJ Law Blog (sub. req.)]

* If it’s proven that enough Native Americans find the Redskins team name offensive, the Trademark Trial and Appeal Board may cancel the mark. Would it be offensive to call the TTAB Indian givers? [National Law Journal]

* An apple a day may keep the doctor away, but benchslaps are another thing entirely. Sorry, Gibson Dunn, but your document production “mistake” was “unacceptable” in Judge Paul Grewal’s courtroom. [Bloomberg]

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Non-Sequiturs: 02.12.13

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* BREAKING: Law enforcement appears to have cornered Chris Dorner in Big Bear. Two injured in a shootout. [NBC News]

* Ranking the rankings? Who’s a bigger joke: National Jurist or Cooley? If only we had a ranking system for rankings. Hmm, that gives me an idea… [Brian Leiter's Law School Reports]

* A 2009 Harvard Law grad and Proskauer associate Megha Parekh just took over as the General Counsel of the Jacksonville Jaguars. She’s a much better hire than Blaine Gabbert. [Big Cat Country]

* Looking for a clerkship in the present state of anarchy in the post-Clerkship Scramble world? This new website can help. [PrawfsBlawg]

* Call 911 for a sexy emergency! [Legal Juice]

* Papal resignation is a little more complex than you’d think. But what’s all this stuff about Benedict XVI having to “take the Black” and move somewhere called “The Wall?” [Volokh Conspiracy]

* When is a blogger a journalist? This question becomes pretty important when a state boasts a shield law for journalists. [Simple Justice]

* The profiled study here asks whether judges prefer plain language or legalese? Unfortunately, it doesn’t consider the fact that some judges prefer neither. [Associate's Mind]

* After the jump, watch some video of what happened when hackers hit the Montana emergency alert system and said zombies were taking over….

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Biglaw Perk Watch: Adoption Benefits
(Plus an update on the gay gross-up.)

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When it comes to the employee benefit known as “tax equalization for same-sex health benefits” (aka the “gay gross-up”), maybe the pertinent question should be which firms don’t offer it. Since our recent write-up, we’ve heard about more leading law firms that offer this perk, taking the total number of firms that have it to more than 40. (The new firms are mentioned below.)

So let’s move on to the next front, which we also alluded to in our prior post: adoption and surrogacy-related benefits. They’re not nearly as common as tax equalization for same-sex health benefits, but a handful of firms appear to offer them.

Let’s find out which ones, shall we?

UPDATE (2/8/2013, 1:00 AM): A noteworthy update about the legal status of surrogacy, after the jump.

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(Plus an update on the gay gross-up.)“

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Morning Docket: 01.08.13

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* After 22 years of dedicated service, William K. Suter, the clerk of the U.S. Supreme Court, will be retiring come August. Now don’t get too excited about that, it’s not really a job you can apply for; you have to be appointed, so keep dreaming. [Blog of Legal Times]

* A Biglaw hat trick of labor deals: if you’re looking for someone to thank for bringing a tentative ending to the management-imposed NHL lock-out, you can definitely reach out to this group of lawyers from Skadden Arps and Proskauer Rose. [Am Law Daily]

* “Thanks for helping us out, but you can go f**k yourself.” AIG, a company that was bailed out by the government, is now considering suing the government with its shareholders. [DealBook / New York Times]

* Apparently there’s such a thing as the “Nick Saban Corporate Compliance Process.” And as we saw from last night’s game, that process involves efficiency, execution, and raping the competition. [Corporate Counsel]

* Guess who’s back in court representing himself in a racketeering trial? None other than Paul Bergrin, “the baddest lawyer in the history of Jersey.” Jury duty for that could be a fun one. [WSJ Law Blog (sub. req.)]

* Too bad last night’s football game between Alabama and Notre Dame wasn’t played by their law schools. In that case, the final score on factors like tuition, enrollment, and employment would’ve been a tie. [HusebyBuzz]

* This just in: when studying for the LSAT, you should focus on scoring the best you can. This is actual advice that the future law students of America need to hear. [Law Admissions Lowdown / U.S. News & World Report]

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Associate Bonus Watch: Cleary Gottlieb and Proskauer Rose Match Cravath

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Congratulations to the new partners at Cleary Gottlieb and Proskauer Rose. Cleary elected eight new partners and Proskauer elected three new partners, both good-sized classes.

And congratulations to the associates at Cleary and Proskauer. They just learned that their firms will be matching the robust bonuses announced by Cravath earlier this week.

Let’s get the details — including the early payment date at Cleary, and the lovely memo from Proskauer….

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Sports Law, Spaw, Lorts: O.J. Simpson Edition

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It’s difficult to put into words just how racially divisive the O.J. Simpson trial was. That’s my first excuse for why this post is so bad. For nearly a year and a half, the entire nation was tuned into the trial. An entire constellation of ridiculous people became our first reality stars: the poodle-haired Marcia Clark, smooth-talkin’ Johnny Cochran, n-bomb aficionado Mark Furman, hirsute little person Lance Ito. Or maybe the stars were DNA evidence and reasonable doubt. Because for a year and change, America was riveted by a criminal trial. By lawyers and evidence and rulings and motions and cross examinations. And while we still occasionally watch trials of the century, we don’t do it with near as much vigor as we did when Orenthal James Simpson was indicted. And we definitely don’t break down along nearly the same rigid racial lines.

To put it into terms that current law school students will understand (an overwhelming majority of whom don’t remember the trial), O.J. Simpson was a lot like Justin Bieber. Like, that polarizing.

Let’s talk sports….

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Morning Docket: 10.25.12

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The ‘very, very pretty’ Cristina Fierro.

* Covington, Skadden, and Proskauer really like representing professional sports leagues: from 2010 to 2011, the NHL paid a combined total of $8.8M to all three, and Covington received $16.3M from the NFL over the last three years. [Am Law Daily]

* The Department of Justice sued Bank of America yesterday for doing the “hustle.” No, not the popular disco disco dance, but rather, a supposed elaborate scheme to defraud the government out of billions of dollars. [DealBook / New York Times]

* Rajat Gupta was sentenced to a whole two years behind bars for insider trading, but my colleague Elie Mystal thinks that the more appropriate punishment would’ve been to force him to reenact the seminal 80s film, Trading Places. [HuffPost Live]

* Unfortunately, Siri wasn’t able to be helpful with this one. A federal judge had to recuse himself in a patent case involving the Siri voice assistant app because of his “interest” in Apple (likely stock ownership). [CNET]

* Was Wednesday the day of departing deans? NYU’s Richard Revesz said farewell, and so did Sydney Beckman of Duncan Law, but the latter flat out quit amid accreditation uncertainty. [Knoxville News Sentinel]

* “We’ll fight another day. This is not over.” While a jury found that Teresa Wagner’s First Amendment rights weren’t violated by the University of Iowa College of Law, the judge declared a mistrial on her equal protection claim against the school. [Huffington Post]

* Somebody really should’ve told Lawrence Taylor that when testifying in an underage sex trafficking case, it’s probably not a good idea to mention that your accuser was “very, very pretty” and “very sexy.” [Associated Press]

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