* A guy who tried to get on the bench more than once was just busted in a prostitution sting. Oops. He also spells his name weird. [The Press Democrat]
* Tomorrow, Gibson Dunn partner Miguel Estrada will argue before the Second Circuit that private parties can’t get injunctions under RICO. For those keeping score, Gibson Dunn partner Randy Mastro hangs his whole case in Chevron v. Donziger on a request for an injunction under RICO. Time to play the Distinguish Polka. [Courthouse News]
* Wait until the RIAA realizes there are royalties to be made at CIA black sites in Uzbekistan. Because the only thing more torturous than being forced to listen to this music is the tenacity of the RIAA. [Slate]
* More on the legislative fight over accrual accounting versus cash-basis accounting for Biglaw firms. To the barricades! Swear your allegiance to Generalissimo MacEwen! [Adam Smith, Esq.]
* President Obama says he’s not changing his mind on the legality of marijuana “at this time.” I guess we need Biden to go on Face the Nation this time around to get some movement on the drug war. [Volokh Conspiracy]
* California lawmakers are looking to retool its “revenge porn” — the act of posting embarrassing sex pics/videos of a significant other who screwed you over — bill. Now California won’t be able to post all those amateur vids of the organizers behind Prop 13. [WSJ Law Blog (sub. req.)]
* New York just boasted the largest seizure of illegal guns in NYC history because a rapper used Instagram to show the world a whole mess of illegal guns. Sometimes you have to avoid that “pics or it didn’t happen” tweet. [ABA Journal]
* Michael Jackson’s estate is battling the IRS. The article coyly suggests that the estate has told the IRS to “Beat It.” What they don’t understand is the IRS, as a general rule “Don’t Stop ‘Til [They] Get Enough.” [TaxProf Blog]
“In four minutes, it would be another hour; a half hour after that was the ten-minute break. Lane Dean imagined himself running around on the break, waving his arms and shouting gibberish and holding ten cigarettes at once in his mouth, like a panpipe. Year after year, a face the same color as your desk. Lord Jesus. Coffee wasn’t allowed because of spills on the files, but on the break he’d have a big cup of coffee in each hand while he pictured himself running around the outside grounds, shouting. He knew what he’d really do on the break was sit facing the wall clock in the lounge and, despite prayers and effort, count the seconds tick off until he had to come back and do this again. And again and again and again.”
Yesterday, the New York Times ran a longish piece on just what in the hell was happening at the IRS office in Cincinnati. A Kafkaesque tale of bureaucratic intrigue, the treatment does little to tell us why in the hell we care just what in the hell was happening at the IRS office in Cincinnati. I’ll leave that determination to the qualified pundits and their punditry.
But what the Times article does do is shine a light on what it means to be a lawyer. What it means to others and what it means to us. Completely by accident, the mess at the IRS tells us how important lawyers are. And how impotent we are. This makes little sense even as I type it. But bear with me. Please. It is not often that meaning comes so nicely gift-wrapped.
* Lat’s turning his serialized web fiction into a real live book, scheduled for publication in 2014. Congrats, Lat! [Supreme Ambitions]
* REMINDER: If you’re looking to enter the annual ATL Law Revue Video Contest, send us that submission by THURSDAY, APRIL 18, at 5:00 PM (Eastern time). That’s not a soft, law school deadline; it’s a hard, law firm deadline. [Above the Law]
* A reminder that yesterday’s events may be more aptly compared to the Atlanta Olympics bombing than 9/11, at least with regard to the targeting of a public event, regardless of the media’s inclinations. [Balloon-Juice]
* Employees around the country are wildly abusing Twitter’s new app, Vine, exposing themselves to retribution and disclosing confidential information. And I’m highly looking forward to the first “Biglaw associate abuses Vine” tip showing up in my inbox. [Connecticut Employment Law Blog]
* Bear Lawyer comments on the Bitcoin debacle. [Bear Lawyer]
* Congratulations to NYU Law for winning its 5th Straight Deans’ Cup over Columbia on a last second play. I’ve been waiting for video of this ever since I learned that the game ended on a buzzer beating three-pointer when an unknown NYU student informed me of it on the subway platform that night. Well, now we have our video and it is highlight worthy….
When I worked at a law firm, I knew that lawyers’ responses to audit letters — in which the firm confirms to auditors the status of litigation pending against a client — were a massive waste of time.
Firm policy dictated that we would speak only pablum in response to audit letters. We would identify each case by name, court, and number; explain that a complaint had been filed; list the causes of action; say where we stood in discovery and whether a trial date had been set; and then say that we didn’t have a clue who would win. (If we thought that the client’s chance of losing was either “probable” or “remote,” we were required to say so. I’m not sure we ever saw such a case.)
Every once in a while, a junior associate would receive an audit letter and write a real response to it — analyzing the lawsuit, the tactics, and who would win. When the powers that be learned about that mistake, there’d be hell to pay: “How could you write those things? Didn’t you run this past an audit letter review partner? We don’t actually provide information in those responses, you fool! Never do this again!”
As a partner at a firm, I knew that responding to audit letters was an expensive nuisance: A full-time audit letter assistant cranked out first drafts of responses to the letters. (That’s all she did, eight hours per day, 52 weeks per year — honest.) The appropriate client relationship partner reviewed each draft. An “audit letter review partner” (I had the misfortune to be one of those for four or five years) took another pass at the thing. Only then — after the letter had been stripped of all content — did the response go out the door. That was an awful lot of time and money invested to insure that the firm didn’t accidentally say something.
But I always assumed that someone — the client, the auditors, someone — thought those ridiculous letters served a purpose. Now I’ve gone in-house, and it turns out that audit letters serve no purpose at all. . . .
Back in April, we brought you a story about a family who had written to Dear Abby, an advice columnist, about their child’s law school loan debt. Apparently the mere thought of assisting their darling daughter with the repayment of her $100,000+ debt load was just too much to bear. The daughter had already ruined her own life, so why should they ruin theirs too? And yet, tens of thousands of students are still willing to look this student loan debt problem in the face and laugh.
Yes, in a time where the Executive Director of the National Association for Law Placement is forced to write entire columns about the fact that there is no conceivable way he could describe the current entry-level job market as “good,” others are still considering applying to law school.
For example, today we found out that the matriarch of another family sought wisdom from an advice columnist as to whether her husband should go to law school. How did she respond? Let’s just say Dear Prudence is a little more in tune with the realities of today’s legal job market than Dear Abby will ever be….
Aww... does your head hurt? Maybe you'd feel better if you DID YOUR FREAKING JOB!
This has been one hell of a day for ridiculous lawsuits. We’ve already dealt with Octomoms turned strippers and thick girls who want to go to law school. Now we’ve got an office worker who claims that the pressure of her job led to her heart condition.
Accountant Tammy Armstrong is claiming wrongful termination and intentional infliction of emotional distress because her employer asked her to do a lot of work. She also wants to be paid overtime because her employer had the audacity to claim her as a salaried worker and then paid her a salary.
Basically, if she wins, then every single junior office worker in law or finance should be able to sue their employers. Which makes me think she’s not going to win…
* Man, the economy is so bad, monks are having to go to court to fight for a new revenue stream. [WSJ Law Blog]
* We have peace between a Texas auction house and the President of Mongolia over the ownership of a Tyrannosaur skeleton. While we’re here, should anybody wish to invite me to a pre-screening of their inventive dinosaur park, I’d like to note that I’m not the type of bloodsucking lawyer who leaves children behind. [Heritage Foundation]
* Did you know Sullivan & Cromwell got involved in the birther controversy? The first one, the legitimate one with Mitt Romney’s father. Not the ridiculous one that Romney’s been embracing. [Reuters]
* Speaking of Mittens, did you know he supports for-profit colleges? That’s like supporting people jumping off the Empire State Building, so long as they pay to get in. [Salon]
Today, as you probably know, is the deadline for filing your taxes. As was the case last year, the combination of April 15 falling on a weekend and the little-known holiday of Emancipation Day pushed the filing deadline back a bit.
Did you appreciate the extra time to fill out your tax return? Partners at Dewey & LeBoeuf probably did, due to some problems with their K-1 forms.
And speaking of partners at Dewey, their numbers continue to decline. Let’s look at the latest defections, as well as the tax issue.
UPDATE (10:30 AM): The game of musical chairs continues. Six more Dewey departures, which we learned about shortly after publishing this post, after the jump.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.