“Best amicus brief ever” might not be saying much. Parakeets are pretty indifferent to the liners of their cages.
Every now and then, though, we come across amicus briefs that are a little unusual or interesting. Like one with somewhat surprising or high-profile signatories — say, NFL players, or leading Republicans in favor of gay marriage. Or one that takes the form of a cartoon. Or one that’s just bats**t insane.
Today we bring you an amicus brief that will make you laugh out loud — which shouldn’t be surprising, given that it’s being submitted to the U.S. Supreme Court on behalf of a leading humorist….
You get objectified and denied all control over your own sexuality. You’re welcome.
* Judge Brian Cogan has ruled that a group of New York Catholic institutions doesn’t have to provide health insurance plans that include birth control coverage to its employees because… insurance policies with provisions that other people may or may not ever invoke is a religious thing. Too bad no one told the Catholic Church in New York, which already pays for insurance that provides birth control coverage and has for years. [Jezebel]
* Judge Richard Leon’s decision ruling the NSA metadata gathering program unconstitutional makes a lot of good points, but perhaps the best is that even if you think there’s a compelling counter-terrorism concern that trumps constitutional safeguards, the NSA just can’t point to it. Of course we’ll all be singing another tune when the Moldovans take over. [Lawyers, Guns & Money]
* Here’s a tale of dealing with a Biglaw bully. I don’t get the concept — being locked in a locker is way better than spending the whole night conforming edits. [Big Law Rebel]
* Elie appeared on the Lawyer 2 Lawyer podcast to discuss drones. [Lawyer 2 Lawyer]
* Eyewitness testimony is often disastrously wrong. Suddenly that “Eyewitness News” title your awful local news channel uses seems really appropriate. [Slate]
* A guide for tech startups and software developers dealing with contracts. I’m looking in your direction, Winklevoss twins. [Alleywatch]
* An IP lawyer makes a rap video. His record may affirm that he knows IP, but I don’t think Death Row is going to be calling any time soon. Video embedded below…
A couple of weeks ago, as Obamacare was just stumbling out of the gate, we asked our readers to tell us about the state of their own health insurance plans through their firms. Since the Recession, we have heard anecdotal evidence that some firms have been using health care cost clawbacks as a stealth expense-cutting tactic and de facto pay cut. We wondered how widespread a phenomenon this practice had become. Well, perhaps that’s a bit disingenuous. We had a strong feeling that, in this time of layoffs and all the rest of the Biglaw belt-tightening measures, that no category of expenses would be immune. And our survey results resoundingly confirm those suspicions: 89% of you tell us that your health insurance premiums have gone up since you started work at your firm.
A relevant tip showed up in the ATL inbox this week. An attorney at a prominent (V25) law firm sent us a memo outlining new changes to the firm’s health plan. Here’s an excerpt: “The deductible for the CIGNA PPO plan will change from $250 single/$750 family to $500 single/$1,000 family. Also, the PPO prescription copays [will all increase]. These changes bring our PPO plan design in line with market
practice for large law firms (emphasis added)”…
With the continuing partial government shutdown and the shaky rollout of Obamacare, the issue of health insurance has never been such a central and divisive topic in the national conversation. Surely there are thousands of unemployed or temping JDs who are entering the brave new world of insurance exchanges and its attendant “hiccups.” In a development that perhaps should alarm the lowest-paid support staffers at law firms, some corporations appear poised to drop “bare bones” health-care benefits altogether for low-wage employees in favor of directing such employees to the new state exchanges.
Of course, for the lawyers at firms, such developments concerning the exchanges are essentially an abstract issue. That is not to say that attorney benefits packages are not subject to “new normal” economic pressures, or that the ultimate effect of the Affordable Care Act on private health insurance packages is unknowable. As noted here way back in 2009, some firms have added health care cost clawbacks to their expense-cutting repertoire of layoffs and pay cuts. Many associates have found themselves, post-Recession, with higher premiums and deductibles and thus, a de facto salary cut. Comparing salaries and bonuses across law firms overlooks the element of health insurance costs, about which there is no equivalent transparency. Undoubtedly there are significant variations across firms in this area, and some firms that appear to pay “market” aren’t quite doing so in light of their requiring a larger fraction of health care premiums. These variations inevitably distort direct comparisons.
We’d like to bring some transparency to this topic — but we need your help….
I nearly did not write this post this week. (I’ll pause while some of you wish that ‘nearly’ weren’t a part of that sentence.) I started the week with a mild toothache. By the time I reached my dentist on Tuesday morning, that niggling pain had bloomed into an infection that spread from my tooth to my jaw bone to the soft tissue of my face. Despite oral penicillin (and Vicodin!), I developed a high fever, the left side of my face swelled to grotesque proportions, and my jaw seized shut. I ended up in an ER on IV antibiotics.
While portions of the federal government ground to a halt due to insufficient funds, I held ice packs to my head and prayed quiet prayers about septicemia and the relative impermeability of the blood-brain barrier. Vaguely, in the background, I knew Congress and the president were arguing about health care. About funding the PPACA. Obamacare.
My heart goes out to folks harmed by the federal government shut-down this week. I also agree with those who are dismayed that Capitol Hill can’t reach a consensus sufficient to end the current crisis. It’s their job to find workable agreements, after all. That much, I hope most of us can agree on. Since we’re not here to agree, let’s talk a bit about Obamacare, the source of this week’s trouble in Washington . . . .
* Since summer’s start, Patton Boggs has been leaking lawyers like a sieve. Thus far, 22 partners and 11 associates have defected from the firm to Holland & Knight, Jackson Lewis, Arent Fox, and WilmerHale. [Blog of Legal Times]
* Considering the deadly force choke American health care reform legislation has supposedly put on employers, perhaps more lawyers ought to consider becoming Jedi masters of the Affordable Care Act. [Daily Business Review]
* The new normal for the ivory tower: Law schools are tackling falling applications by “voluntarily” decreasing their class sizes, or by “voluntarily” offering faculty and staff buyouts. [Wall Street Journal]
* But look on the bright side, professors, the ABA wants to amend its accreditation standards to save your jobs and offer greater protections. Too bad its unwilling to do the same for students. [ABA Journal]
* If you’ve been swindling clients for long enough, the law school you donated money to will try to scrub your name off its walls. That is what’s happening now at IU-McKinney Law. [National Law Journal]
* The role of lawyers in America’s Syrian policy. Everyone always tries to throw the lawyers under the bus. [Lawfare]
* Pippa Middleton has some lawyers trying to crack down on a parody Twitter account. Thankfully, the law exists to protect wealthy socialites from being mocked. [IT-Lex]
* GCs are not happy with the rates charged by outside counsel. I, for one, am shocked that GCs don’t like paying upwards of $1000 an hour for “further work.” [Consero]
* Honestly, we should have seen this coming: a Zimmerman juror is seeking a book deal. This is the juror who assumed black people had rioted over the shooting and called Trayvon a “boy of color,” so you can tell the prosecution was doing a bang-up job with its jury selection procedures. [AlterNet]
* Conservatives rejoice after several unions complain about Obamacare. Oh, the irony! Except the unions’ complaint is not that Obamacare is bad, but that it doesn’t go far enough in providing incentives to non-profit insurance plans and penalizing companies that are cutting back on hours to avoid the law. [The Volokh Conspiracy]
* You’ve seen Justice Ruth Bader Ginsburg give Justice Antonin Scalia the finger in prose, but now you can hear what it would sound like in operatic form as composed by a recent law school graduate. [NPR]
* The Fourth Circuit upheld Obamacare’s employer mandate against Liberty University, calling it a constitutional tax, just like the individual mandate. Now’s a perfect time for a sip of Campari. [WSJ Law Blog]
* The Fried Frank toner bandit was sent to the slammer, but alas, it’s unlikely that the firm will be able to recover any of its losses. Too bad, it could use the cash after its 2012 performance. [Am Law Daily]
* Crisis? What crisis? The dean of UC Davis Law refuses to trim class size, but that doesn’t really matter — the application cycle is handling the situation quite nicely. [Sacramento Business Journal]
* Pennsylvania’s Attorney General Kathleen Kane won’t defend the state against a lawsuit seeking to overturn its ban on same-sex marriage. She’s choosing the people over politics. [New York Times]
* With his trial quickly drawing to a close, George Zimmerman is growing increasingly worried about his future. Let’s face it, even if he’s acquitted, living in hiding isn’t a very good look for him. [ABC News]
* The Obama administration has decided to delay the employer health care mandate until 2015. What does that mean for you? Well, since you’re not a business, you still have to purchase health insurance by 2014. Yay. [Economix / New York Times]
* Untying the knot is harder than it looks: Gay couples stuck in loveless marriages they’ve been unable to dissolve due to changing state residency may be able to find new hope in the Supreme Court’s recent DOMA decision. [New York Times]
* Clinical professors are pushing the ABA to amend its accreditation standards to require practical skills coursework. Amid faculty purges, they’re committed to do whatever it takes for additional job security. [National Law Journal]
* If you’re heading to a law school recruitment forum and want to get ahead in the applications process, make your mark by acting professionally, not by dressing like a d-bag. [U.S. News & World Report]
* “As a parent we’re not always proud of everything they do.” Of course there’s a prosecution inquiry being made into the Don West ice cream cone picture that ended up on Instagram. [Orlando Sentinel]
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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 (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), 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.
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