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S.D.N.Y.

Mr. Mukasey Goes to Washington

Michael Mukasey Chief Judge Michael B Mukasey SDNY Above the Law blog.jpgWe've done relatively little about the nomination of former judge Michael Mukasey to serve as attorney general. While the WSJ Law Blog was dredging up his third-grade book reports -- okay, not quite, but some college newspaper articles that he may or may not have written -- we didn't have much. But now we'd like to atone for that, with a piece we just did for the New York Observer.

We speculate that Michael Mukasey might be in D.C. longer than he might expect, especially if his good friend Rudy Giuliani wins the presidency (and possibly even if fellow New Yorker Hillary Clinton does). We discuss how he might have come to be picked as AG, despite not being a D.C. denizen like Ted Olson, Laurence Silberman, or George Terwilliger:

Mr. Mukasey was simply more of a known quantity to the White House than the typical Beltway outsider. The White House staff includes three former assistant U.S. attorneys from Manhattan, as well as other ex-New York lawyers who regularly practiced before Mukasey as a judge. Among the New Yorkers at 1600 Pennsylvania Avenue, Mr. Mukasey enjoyed great respect, and was viewed as ideologically acceptable too, especially on war on terror issues.

The rest of the piece, including a discussion of what might be called the Curse of the Southern District (from President Bush's point of view), is available here.

Mr. Mukasey Goes to Washington [New York Observer]
An Old Friend Joins Giuliani in a Spotlight [New York Times]

Who Will Be the Next AG? Michael Mukasey

Michael Mukasey Chief Judge Michael B Mukasey SDNY Above the Law blog.jpgNo official announcement has been made (despite the claim of Wikipedia that "[o]n September 16, 2007, President George W. Bush nominated Mukasey to serve as the 81st Attorney General of the United States"). But numerous news outlets are reporting that President Bush has selected Michael B. Mukasey -- currently a partner at Patterson Belknap Webb & Tyler in New Yorker, and former chief judge of the S.D.N.Y. -- as his attorney general nominee, to replace Alberto Gonzales.

We'll have more to say after an official announcement, which could come as early as tomorrow morning. In the meantime, read Judge Mukasey's interesting, frequently cited Wall Street Journal op-ed piece, on the Jose Padilla case (which he handled in part).

If you have firsthand experience with Judge Mukasey -- e.g., as a litigant who has appeared before him, or as one of his law clerks -- please share your thoughts in the comments, or by email. Thanks.

Bush plans to pick Mukasey for A.G. [Politico.com]
Bush Settles on Mukasey to Replace Gonzales [Washington Post]
Bush Expected to Name Judge as Gonzales's Successor [New York Times]
Judge Top Contender to Replace Gonzales: Aide [Reuters]
Bush Picks Mukasey as Attorney General [AP]
Sources: Retired judge may replace Gonzales [CNN]
Jose Padilla Makes Bad Law [Wall Street Journal]
Michael B. Mukasey [Wikipedia]

Judge Richard Conway Casey, R.I.P.

Richard Casey Judge Richard Conway Casey blind Above the Law blog.jpgThe Honorable Richard Conway Casey, of the Southern District of New York, passed away yesterday. He was well-known for being the first blind person to be named a federal trial judge. (Appeals court judge David Tatel, of the D.C. Circuit, was the first blind federal judge.)

An amusing anecdote about Judge Casey, from the AP:

Judge Richard Conway Casey recalls the time he accidentally bumped into a courtroom wall at the beginning of a mob trial. Lawyers and spectators shifted uncomfortably - for just a moment.

"You're fired!" Casey, 68, told his law clerk, who had accompanied him. "Bring back my guide dog!"

The courtroom burst into laughter.

We extend our condolences to Judge Casey's family and to his extended family of former law clerks.

Richard C. Casey bio [FJC]
Richard C. Casey [Wikipedia]
Blind Federal Judge an Inspiration [Associated Press]

Who Should Be the Next Attorney General?

Patrick J Fitzgerald Patrick Fitzgerald Pat Fitzgerald Above the Law blog.jpgYeah, we know: Attorney General Alberto Gonzales remains in office.* But his days are looking numbered. He's received the kiss of death -- a presidential expression of "confidence" -- and even some Republicans are calling for his resignation.

So we have to ask:

If Alberto Gonzales steps (or gets pushed) aside, who should take his place as Attorney General?

We're rooting for Shanetta Cutlar. But if she doesn't get tapped, Andrew Cohen floats this interesting idea.

Right now, Patrick Fitzgerald is most well-known for his (successful) work on the Scooter Libby case. This may preclude his selection as AG, given the political hot potato that it turned into -- and the embarrassment it caused for the Bush Administration.

But let's not forget that, setting aside the Libby case, Fitzgerald has the background that one would normally seek in an Attorney General. He's the U.S. Attorney for the Northern District of Illinois (Chicago), one of the nation's most prestigious prosecutor's offices, and he has some serious additional credentials.

After graduating from one of our nation's finest high schools (shameless plug for our alma mater), Pat Fitzgerald went on to Amherst College and Harvard Law School. Before taking over as the U.S. Attorney for the Northern District, he was a line prosecutor in the legendary Southern District of New York. As an AUSA in the SDNY, he worked on some major prosecutions, including the trials of Omar Abdel Rahman and Ramzi Yousef. He has been praised for his work as U.S. Attorney in Chicago.

Thoughts? Nominating Fitzgerald as AG might be kinda crazy, but kinda brilliant. It would change the story line big time, in a way that the White House might welcome.

(Some other random names we've heard as possible AG candidates: former Deputy Attorney General James B. Comey; SEC Chairman Christopher Cox; and Judge Laurence H. Silberman, of the D.C. Circuit.)

* It's a rainy Friday afternoon, not much is going on, and people aren't paying attention to the news. If you'd like to step down, Mr. Attorney General, there are still several hours of prime resignation time available to you.

The Case for Attorney General Patrick Fitzgerald [Washington Post / Bench Conference]

Two New Arguments in Favor of Higher Pay for Supreme Court Justices

Listen up, Chief Justice Roberts! Here are two new arguments you can use to make the case for higher judicial pay.

1. From the Drudge Report:

Drudge Report Judge Judy Judith Sheindlin.jpg

Shira Scheindlin Judge Judith Sheindlin Judge Judy Above the Law.JPGAccording to Forbes, Judge Judy has a net worth of $95 million. She earns $25 million a year -- over 100 times the Chief Justice's salary.

Random aside: Contrary to rumor, and despite their shared irascibility, Judge Judy Sheindlin (at left) and Judge Shira Scheindlin (S.D.N.Y.; at right) are NOT related. As you can see, their last names are spelled differently. Despite this difference, Judge Scheindlin of the Southern District regularly receives telephone calls from people in search of televised justice.

2. Because of his low pay, Justice Clarence Thomas has been reduced to eating at ESPN Sports Zone.

(Yes, we know, CT got a seven-figure advance for his memoirs. But when you enjoy Corvettes, luxury RVs, and fine cigars, the money goes fast.)

Wonk'd: Barely Legal [Wonkette]
The Richest 20 Women In Entertainment: Judith "Judge Judy" Sheindlin (#13) [Forbes]

Barry Ostrager of Simpson Thacher: Bad at Deadlines, Bathroom Etiquette

Barry Ostrager Barry R Ostrager Simpson Thacher Bartlett STB.jpgWe now interrupt your regularly scheduled programming of Charney v. Sullivan & Cromwell to bring you some embarrassing news about another ultra-prestigious New York law firm: Simpson Thacher & Bartlett.

From Decision of the Day:

From the "it can happen to anyone" file, the Second Circuit dismisses a cross-appeal by Travelers Insurance Company because its law firm filed the notice of appeal one day late. After the losing party in the district court filed a notice of appeal, Travelers had 14 days to file its notice of cross-appeal. However, the firm calculated the 14 days from the date it received the notice, not from the date the notice was actually filed. The district court denied Traveler’s motion to extend the deadline by one day, explaining that this was a case of "garden variety attorney inattention" and not excusable neglect. The Second Circuit affirms (PDF).

The law firm that made this rookie mistake was one of the whitest of the white shoes, the venerable Simpson Thacher & Bartlett. The partners on the brief have stunning resumes, and the fifth-year associate has done plenty of litigating, given that he is admitted to practice in three jurisdictions and thirteen courts. So, yes, it can happen to anyone. (And in case you’re wondering, no, STB did not reject me.)

Decision of the Day is too nice to name the STB lawyers on the brief, but we have no such qualms. These are matters of public record. The attorneys who screwed up here are partner Barry R. Ostrager, partner Andrew T. Frankel, and associate Robert J. Pfister.

Barry Ostrager, by the way, is routinely named as one of the country's top business litigators and trial lawyers. See, e.g., here, here, and here. He's not particularly nice; as one litigator diplomatically observed, Ostrager "doesn't suffer from the need to be loved." But he has been very successful for his clients.

Given Ostrager's stellar reputation, this latest defeat is particularly embarrassing. It's one thing when you litigate a case as best you can, then lose because the law just isn't on your side. It's another thing when a federal trial judge finds you guilty of "garden variety attorney inattention," and then an appeals court affirms, holding that your "attorney inadvertence" -- a charitable phrasing -- does not constitute "excusable neglect." Great litigators, after all, are supposed to be careful, attentive, and detail-oriented.

But this is not Barry Ostrager's only lapse. His failure to pay attention to detail extends to the men's room -- as we have had the misfortune of observing, firsthand.

Read all about it, if you dare -- don't say we didn't warn you -- after the jump.

Continue reading "Barry Ostrager of Simpson Thacher: Bad at Deadlines, Bathroom Etiquette"

Musical Chairs: 01.02.07

musical chairs 2 Above the Law legal blog above the law legal tabloid above the law legal gossip site.GIFA few of the more prominent moves within this noble profession:

From government to private sector:

* Former Interior Secretary Gale Norton is joining Royal Dutch Shell, as general counsel for its "unconventional resources division" (e.g., extracting oil from "oil shale" and "extra heavy oil" -- don't ask us, we don't know).

(A WSJ Law Blog commenter sniffs: "One would think that she could have secured a more lucrative and high profile job, given her resume." We agree somewhat on the "high profile" part, but don't know enough about the filthy lucre associated with this gig.)

* Former assistant U.S. attorney Mauro Wolfe, with whom we used to work, to Dickstein Shapiro. He will be a partner in the firm's securities practice, in the New York office.

* Mark Paoletta and Andrew Snowdon, to the D.C. office of Dickstein Shapiro (as partner and of counsel, respectively). Paoletta previously served as served as Chief Counsel for Oversight and Investigations on the House Committee on Energy and Commerce; Snowdon previously served as a lawyer on the Oversight and Investigations Subcommittee. They join the government law & strategy practice.

Within government:

* The United States Attorney for Connecticut, Kevin O'Connor, has been named associate deputy attorney general at the Justice Department. His DOJ work will focus on violent crime, gangs, and guns. O'Connor plans to retain his post as U.S. Attorney for at least six months.

Lateral moves:

* M&A lawyer Michael Aiello, to Weil Gotshal, from Dewey Ballantine (as previously noted).

* Finance lawyer Philip Haber, to Kirkpatrick & Lockhart Nicholson Graham, from Nixon Peabody.

New partners:

* Cadwalader, Wickersham & Taft: Seven new partners. Names here (PDF).

* LeBoeuf Lamb: Five new partners. Names here.

* Patterson Belknap: White-collar defense lawyer Daniel Ruzumna, promoted from counsel to partner. Ruzumna served for six years as an AUSA in the legendary Southern District of New York. His final post in the S.D.N.Y. was Acting Chief of the Major Crimes Unit.

The voluminous links are collected after the jump.

Continue reading "Musical Chairs: 01.02.07"

The Eyes of the Law: The S.D.N.Y. "Courthouse Follies"

Jed Rakoff Jed S Rakoff District Judge SDNY Above the Law.jpgWe've solicited funny holiday party stories from you. We haven't received much thus far.

But from the legendary Southern District of New York, probably the nation's most distinguished district court bench, we did get this account of its celebrated "Courthouse Follies" (which took place on the evening of Friday, December 15):

Item: The Southern District of New York's "Courthouse Follies," tonight.

Showstopping performance: A boisterous musical number by Judge Jed Rakoff (at right), Judge Laura Taylor Swain, Magistrate Judge Ronald Ellis, and Chief Magistrate Judge Lisa Margaret Smith. Sung to the tune of "There Once Was a Man" from Doris Day's "The Pajama Game," with additional lyrics and dialogue by Judge Rakoff, the act featured Judge Rakoff in a blond fright wig, Judge Swain in a Groucho mask with cigar, Judge Ellis in an oversized red polka-dot bow tie, and Judge Smith in what I can characterize only as a goofy black hat.

Was that a woman's blond fright wig? If so, Judge Rakoff can kiss any elevation hopes good-bye. Senator Brownback opposes all judicial nominees who have appeared in drag.

Highlight: A musical shoutout to Underneath Their Robes! The patter leading up to the song was about changes in the courthouse under the new chief judge. One of them was (I'm paraphrasing slightly), "I get all my case info from www.underneaththeirrobes.com."

Less a joke than a name check, but it suggests that Judge Rakoff is a fan.

Interestingly enough, the new chief judge of the Southern District is none other than Kimba M. Wood -- the reigning Superhottie of the Federal Judiciary, per UTR.

P.S. In case you're wondering, yes, we will be holding a new Superhotties of the Federal Judiciary contest. Look for it in 2007.

Musical Chairs: Andrew Cuomo Raids the S.D.N.Y.

Andrew Cuomo Andy Cuomo Attorney General New York.JPGShortly after we predicted that he'd be making some personnel announcements, Andrew Cuomo, New York's Attorney General-elect, made some personnel announcements. From the AP:

Cuomo, the eldest son of former Gov. Mario Cuomo, named Robin Baker as his executive deputy attorney general for criminal justice. Baker was the deputy chief of appeals for the U.S. Attorney's Office in Manhattan Southern District of New York. She has worked in that office since 1996, prosecuting gangs, terrorism, organized crime, narcotics, and other criminal cases.

Eric Corngold was named executive deputy attorney general for economic justice. He has served as chief assistant U.S. Attorney in Manhattan since 2005. He headed the office's business and securities fraud unit from 1999 to 2005 and its general crimes unit from 1997 to 1999.

Baker and Corngold are impressive hires. They're veterans of the S.D.N.Y. and E.D.N.Y., two of the most prestigious prosecutor's offices in the country (recent setbacks notwithstanding).*

Correction: Thanks to "Ferris Reynolds" for this observation. Contrary to the AP report, Corngold was an AUSA in the Eastern District of New York, not the Southern District of New York. See, e.g., here and here.

Two other key Cuomo appointments announced today: Mylan Denerstein, head of legal affairs for the New York City Fire Department, was named executive deputy attorney general for social justice; and Jenny Rivera, of the New York City Commission on Human Rights, was named special deputy attorney general for civil rights.

* There appears to be a mini-trend of tristate attorneys general looking to federal prosecutors' offices for talent. On the other side of the Hudson, Stuart Rabner, New Jersey's new attorney general, has recruited from his former office, the U.S. Attorney's Office in Newark. For example, he picked John Vazquez, one of the U.S.A.O.'s most promising young prosecutors, to serve as his Special Assistant for criminal justice matters.

Cuomo Hires A Staff [The Politicker via The Daily Politics]
Cuomo names four appointments to attorney general's office [Associated Press via Newsday]

Earlier: Coming Soon: Andy's Kids

Judge Denny Chin: Born To Run

Denny Chin Judge Denny Chin Above the Law.jpgTime for a quick break from Biglaw and bonuses. Earlier this week, Judge Denny Chin (S.D.N.Y.) dismissed a lawsuit by a Florida man who blamed the Atkins diet for his heart troubles. As the WSJ Law Blog points out, Judge Chin offered some dieting tips in the opinion:

In a footnote, Judge Chin wrote that he has had success with his own “much simpler diet, which can be described in four words: Run more, eat less.”

We'd like to supplement this coverage. Judge Chin is one of many federal judges who enjoy running, and he runs regularly with his law clerks. They go for a vigorous morning jog through downtown Manhattan or along the Hudson River, then stop for steamed Chinese pork buns on the way back to chambers.

(But given all the weight that Judge Chin has successfully lost since taking up the sport, we're guessing he consumes the Siu Bao in only moderate quantities.)

Judge Chin took up running only seven years ago. Since then he has completed the New York City marathon four times:

Denny Chin New York Marathon NYC Marathon history.JPG

In his best performance, in 2001, Judge Chin finished the marathon in 4:24:11 -- a most respectable time, especially given the course's grueling nature. Congratulations, Your Honor!

NYC judge tosses Atkins diet lawsuit [BusinessWeek.com]
Judge Denny Chin Dishes Diet Advice from the Bench [WSJ Law Blog]
Denny Chin bio [FJC]

Earlier: The Eyes of the Law: But Can He Outrun Justice Souter?

Morning Docket: 12.14.06

* 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]

Exactly What Kind of Sex Toy Was Attached to Plaintiff's Stump?

Borat Above the Law Legal Blog Law Gossip Borat.JPGThe 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]

Musical Chairs: 11.27.06

musical chairs 2 Above the Law legal blog above the law legal tabloid above the law legal gossip site.GIFWe'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]

Musical Chairs: 10.31.06

musical chairs above the law legal blog above the law legal tabloid above the law legal gossip site.GIFTons 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]

Musical Chairs: 10.26.06

musical chairs above the law legal blog above the law legal tabloid above the law legal gossip site.GIFNew 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]

Musical Chairs: 10.05.06

musical chairs above the law legal blog above the law legal tabloid above the law legal gossip site.GIFOodles 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]

Legal Eagle Wedding Watch: July 30, 2006

legal eagle wedding watch david lat above the law legal blog law blog david lat david lat atl.JPGIf 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.

Continue reading "Legal Eagle Wedding Watch: July 30, 2006"

Uncle Sam: Even Cheaper Than You Thought

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]