* The feds and the ACLU wrangle over a classified document. Is such use of the grand jury subpoena creative, or improper? [New York Times]
* A Swift (& Co.) crackdown: federal raids on meatpacking plants in six states result in over 1,200 arrests on immigration charges. [Associated Press]
* MoveOn and those Swift Boat Veterans get fined. [New York Times]
* “Seventh Circuit reinstates claim asserting that … members of the plaintiff classes have bought products or services from some of the defendants that they would not have bought had the defendants not concealed their involvement in slavery.” [How Appealing]
* Girls Gone Wild guy gets community service for filming underage women. [MSNBC]
* “College Student Gets Mother-in-Law to Co-Sign $10,000 Loan to Buy Apple Computer, Has $7,800 DOI Income When He Repays Only $2,200 After Taking High-Paying Job at Microsoft.” [TaxProf Blog]
* A British police inquiry rejects conspiracy theories concerning the death of Princess Diana, concluding that the 1997 car crash was a “tragic accident.” [Associated Press]
* Does anyone know if “ABV D LAW” is taken? [WSJ Law Blog]
S.D.N.Y.
- 7th Circuit, ACLU, Cars, Conspiracy Theories, Crime, Deaths, Immigration, Morning Docket, Politics, S.D.N.Y., Sex, Tax Law, Videos
Morning Docket: 12.14.06
By B Clerker
The latest news in the world of Borat-related litigation:
A judge on Monday told lawyers who filed a $30 million lawsuit accusing the makers of the hit movie “Borat” of misleading residents of a remote Romanian village that they must make specific allegations in their lawsuit if they want it to have a chance at success.
The lawyers said they would refile the lawsuit, which alleged the residents were duped into participating into what they thought was a documentary that would benefit them rather than the comedy hit “Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan.”
U.S. District Judge Loretta A. Preska reminded the lawyers that the lawsuit would have to have specific enough facts alleging the villagers were misled before she could order defendants to turn over documents that might help the villagers build their case.
Judge Preska, by the way, is a super-stylish judicial hottie. Perhaps the defendants will refuse to settle the case, insisting on going to trial, just so Borat can have a little “sexytime” in her courtroom.
Update: We completely agree with this comment, by TJ. Every “hip” Civil Procedure professor in the country is going to use a “Borat” hypothetical for his or her final exam.
NYC Judge Questions Villagers’ ‘Borat’ Lawsuit [Associated Press]
Judicial SIGHT-ations: Federal Judges Busting Out All Over! [Underneath Their Robes]
- Biglaw, Martha Stewart, Musical Chairs, Options Backdating, S.D.N.Y., Simpson Thacher, U.S. Attorneys Offices, Wachtell Lipton, Weil Gotshal, Willkie Farr
Musical Chairs: 11.27.06
By David LatWe’ve fallen a bit behind in telling you who is going where, and why. So here’s a short recap of notable recent moves within the legal profession:
From Law to Finance:
* It’s rare for partners to leave Wachtell Lipton, but it does happen. Earlier this month, former WLRK corporate partner Mitchell Presser left the firm, to join Fox Paine. Presser, renowned at Wachtell for his impeccable taste in sushi, focuses on deal structuring and new investment opportunities at Fox Paine.
New Partners:
* Simpson Thacher & Bartlett: Eight new partners in New York. Corporate: Barrie Covit, John Ericson, Ellen Reilly Patterson, Kathryn King Sudol. Executive compensation and employee benefits: Gregory Grogan. Real estate: Sasan Mehrar. Litigation: Michael Garvey and George Wang (whom we know, and who are both very fine lawyers — congrats, guys).
* Willkie Farr & Gallagher: Eleven new partners in New York. Corporate and financial services: Leah Campbell, Mark Cognetti, Morgan Elwyn, Rita Molesworth (luv the name), Adam Turteltaub. Litigation: Mary Eaton, Scott Rose, and former AUSA Michael Schachter. Tax: Christopher Peters. Business reorganization and restructuring: Rachel Strickland.
You may recall Michael Schachter as the superstar federal prosecutor in the Southern District of New York, who helped send Martha Stewart to prison (where she learned to make delicious dishes using vending machine fare and the inmates’ communal microwave).
* Weil Gotshal & Manges: Twenty new partners around the country. That’s too many for us to reprint here, so check out the list in the press release.
A majority of these twenty partners are women, and two are “flex-time partners.” Details here.
Out the Door:
* Myron Olesnyckyj, former general counsel of Monster Worldwide Inc. (which owns Monster.com). Stock options backdating. Yawn.
* And a bunch of execs at ACS and Quest Software, also because of backdating. Some lawyers, some not. Double yawn.
NY Biglaw Associates Making Partner [NYLawyer.com]
Another GC Axed Over Stock-Options [NYLawyer.com]
Backdating: More Resignations, More Legal Business [WSJ Law Blog]
Weil Gotshal Elects Twenty to Partnership and Appoints Five as Counsel [Weil Gotshal & Manges]
Weil’s Partnership Class Has More Women Than Men: News? [WSJ Law Blog]
- Allen & Overy, Biglaw, Clifford Chance, Holland & Knight, Latham & Watkins, Magic Circle, Milbank Tweed, Musical Chairs, O'Melveny & Myers, S.D.N.Y., Skadden Arps, U.S. Attorneys Offices, Willkie Farr
Musical Chairs: 10.31.06
By David LatTons of moves to report today — and these are just the highlights:
New Partners:
* Latham & Watkins — which, as discussed yesterday, is very popular with Supreme Court clerks — has elected 26 new partners, in offices around the country. That’s enough lawyers to start a whole new law firm.
You can check out their names here. If you graduated from law school around 1998, you probably know some of them.
“Magic Circle” Hiring Spree:
The top British law firms — aka the “Magic Circle” firms — continue to cast spells over U.S. practitioners, who have been flocking to their American offices in droves.
* Louis Kimmelman, former co-chair of O’Melveny & Myers’s international arbitration practice, is heading to Allen & Overy’s rapidly growing New York office. Kimmelman regularly appears before the International Court of Arbitration of the International Chamber of Commerce, the American Arbitration Association, and other tribunals.
* Finance lawyers Zarrar Sehgal and Anthony Lopez III, to Clifford Chance (NY), from Milbank Tweed and Cahill Gordon, respectively.
Lateral Moves:
* Corporate and securities lawyer Michael Student, to Brown Rudnick, from Holland & Knight.
* Tax lawyer James Tander, corporate lawyer Patrick de Carbuccia, and real estate lawyer Michael Pollack, to Reed Smith (NY). They come from, respectively, Skadden Arps, Willkie Farr, and Withers Bergman of (New Haven, CT).
Government to Private Sector:
* Sharon McCarthy, a former deputy chief of the U.S. Attorney’s Office for the Southern District, to litigation and tax boutique Kostelanetz & Fink, as a partner.
Internal Promotions:
* Paul Tvetenstrand, a partner in the structured finance practice group, has been elected chairman and managing partner of Thacher Proffitt & Wood.
Latham & Watkins Elects 26 New Partners [Latham & Watkins]
NY Partners Switching Firms, NY Lawyers On the Move [NYLawyer.com]
More NY Partners Switching Firms [NYLawyer.com]
Firm Promotes 26 to Partnership [NYLawyer.com]
NY Practice Leader Switches Firms [NYLawyer.com]
- Biglaw, Bingham McCutchen, Jenner & Block, King & Spalding, Magic Circle, Money, Musical Chairs, Partner Profits, S.D.N.Y., Sullivan & Cromwell, U.S. Attorneys Offices
Musical Chairs: 10.26.06
By David LatNew Partners:
* Sullivan & Cromwell: Jeffrey Chapman, Michael Escue, Hydee Feldstein, Stacey Friedman, Brian Hamilton, Julia Jordan, Eric Kadel, Jr. and Juan Rodriguez.
The partnership promotions will be effective January 1, 2007. Congratulations, kids!
Like many other top New York firms, Sullivan still has a single-tier partnership structure. All partners are equity partners.
And all S&C partners are doing very well for themselves. In 2005, the firm enjoyed average profits-per-partner of $2.4 million. See here (subscription required).
Lateral Moves:
* Private equity lawyer Stephen Culhane, to Linklaters (10 points — Magic Circle!!!), from King & Spalding.
Government to Private Sector:
* Harry Sandick, to Jenner & Block, from the venerable S.D.N.Y. U.S. Attorney’s Office (where he served as deputy chief appellate attorney and, before that, as acting chief of the violent crimes unit).
* Hawyood Haywood Gilliam, to Bingham McCutchen, from the well-regarded San Francisco U.S. Attorney’s Office (N.D. Cal.).
[Ed. note: See this comment, and this juicy article. It appears that the office has slipped in the past few years.]
Haywood Gilliam headed the securities fraud section of the U.S.A.O. and worked on various stock options backdating cases. His move to private practice is timely, given the explosion of backdating scandals in Silicon Valley. But Gilliam will presumably be conflicted out of a bunch of cases that he worked on while at the U.S. Attorney’s Office.
UK Firm Adds Another NY Partner [NYLawyer.com]
Former Federal Prosecutor Joins Firm in NY [NYLawyer.com]
In Timely Hire, Firm Grabs Backdating Prosecutor [NYLawyer.com]
- Baker Botts, Biglaw, Cadwalader, Davis Polk, Dorsey & Whitney, Federal Government, HP, Irell & Manella, Kirkpatrick & Lockhart, Milberg Weiss, Money, Musical Chairs, Orrick Herrington & Sutcliffe, Pillsbury Winthrop, S.D.N.Y., Securities and Exchange Commission, U.S. Attorneys Offices, White-Collar Crime
Musical Chairs: 10.05.06
By David LatOodles of juicy moves today, especially out of and into the federal government. As the leaves change, so do the lawyers.
Government to Private Sector:
* Federal prosecutor John Hueston, a leader of the team that prosecuted Enron execs Kenneth Lay and Jeffrey Skilling, is heading for the greener pastures of Irell & Manella.
All around the country, AUSAs with white-collar criminal experience are leaving U.S. Attorney’s Offices — including our former workplace — for the more lucrative precincts of private practice. The trend is especially pronounced in the legendary Southern District of New York, as noted by Anna Schneider-Mayerson.
Private Sector to Government:
* Corporate and securities lawyer Michael Halloran, a partner at Pillsbury Winthrop, has been appointed to serve as deputy chief of staff and counselor to Christopher Cox, chairman of the U.S. Securities and Exchange Commission.
Lateral Moves:
* Broker-dealer compliance specialist Steven Lofchie, to Cadwalader, Wickersham & Taft, from Davis Polk & Wardwell. (In this day and age, compliance is a hot area. We’re guessing Lofchie got offered a nice deal.)
* Tax lawyer John Narducci, to Orrick, Herrington & Sutcliffe, from White & Case.
* IP lawyer Robert Wasnofski Jr., to Dorsey & Whitney, from Baker Botts.
* M&A lawyer Sandy Feldman, to Kirkpatrick & Lockhart Nicholson Graham, from Torys.
Retirements:
* Plaintiffs’ lawyer Alan Schulman, of Bernstein, Litowitz — and formerly of the indicted Milberg Weiss — is retiring at the end of the year.
Not Going Anywhere — Yet:
* Apple CEO Steve Jobs and HP CEO Mark Hurd are sticking around — despite the problems that their companies face.
NY Practice Leader Leaves One Elite NY Firm for Another [NYLawyer.com]
More NY Partners Switching Firms [NYLawyer.com]
Milberg Weiss: Merger Talks Break Down; An Alum Retires [WSJ Law Blog]
Enron Prosecutor John Hueston to Join Irell & Manella [WSJ Law Blog]
The Gang That Shot Straight Is Disbanding, For a Profit [New York Observer]
- Akin Gump, Cadwalader, David Brooks, Hotties, Mary Tobler, Max Minzner, New York Times, Paul Weiss, S.D.N.Y., State Judges, Weddings, Yale Law School
Legal Eagle Wedding Watch: July 30, 2006
By David LatIf you’re like us, you read the New York Times wedding announcements religiously every week. It’s one of the most addictive forms of résumé porn. Consider the trenchant analysis of David Brooks:
The wedding page is a weekly obsession for thousands of Times readers and aspiring Victor Hugos. Unabashedly elitist, secretive (believe me, I’ve tried to get information out of the page’s editors), and therefore totally honest, the “mergers and acquisitions page” — as many of its devotees call it — has always provided an accurate look at an important chunk of the American ruling class. And over the years it has reflected the transformation of the American establishment….
[As the WASP elite has declined,] a new elite has coalesced, and it is found — as much as anywhere — on the wedding page of the New York Times. Whereas the old establishment was based on birth and breeding, this new establishment rests on education and career.
And what educations! What careers! Reading the Times wedding page and secretly comparing yourself to all the featured brides and grooms is a recipe for depression.
Well, we’re here to help. Each week we’ll read the Times wedding page, so you don’t have to. We’ll pick out selected marriages involving members of the legal profession and offer colorful commentary on them. Think of it as like the Veiled Conceit blog, but centered on lawyers.
We’ll score each couple in three to four categories: (1) their résumés; (2) their families; (3) couple balance (how well-matched they are); and (4) beauty (but only if there’s a picture of the happy couple). We’ll average these scores to produce an overall score. The couple with the highest overall score is the winner for that week!
The inaugural installment appears after the jump.
We used to work in a U.S. attorney’s office, so we know firsthand that federal government service ain’t Fat City. Having to chip in $25 to attend a colleague’s farewell party, at a venue bearing a suspicious resemblance to a Knights of Columbus Hall, would never happen in the private sector. Law firm good-bye lunches are held at Le Bernardin and Jean-Georges. There’s a reason they call it public service.
But it seems fiscal conditions have worsened since we left government service. The Los Angeles Times reports:
At the [Los Angeles U.S. Attorney's] office in the downtown federal courthouse, basic supplies, like envelopes and binder clips, are scarce.
“It’s nickel-and-dime stuff,” said another member of the office. “If you want to fly a witness in or travel to interview someone, they’re really taking a look at that stuff now.”
Attorneys have been advised to remove microwaves and small refrigerators from their offices because high power bills have prompted their landlord, the General Services Administration, to threaten to raise the rent.
What’s next? Telling assistant U.S. attorneys that “if it’s yellow, let it mellow; if it’s brown, flush it down”?
And it’s not just a West Coast problem. Sources also tell us that a number of U.S. Attorney’s Offices on the East Coast have unofficial hiring freezes in effect. These include the venerable Southern District of New York — the traditional “golden child” of federal prosecutors’ offices — and its neighbor across the river, the District of New Jersey. The New Jersey office has over a dozen AUSA vacancies right now, roughly ten percent of the total positions in the office.
The upshot: It’s hard out here for an AUSA.
Attorney’s Offices’ Staffing Is Decried [Los Angeles Times]
Lawmakers Urge Funds for U.S. Attorneys [Washington Post]
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