* Presidential campaigns for Election 2012 are focusing in on the Supreme Court and future appointments to the high court, and Vice President Joe Biden is really not a fan of Justice Scalia. [POLITICO]
* Dewey know what the ramifications of D&L’s $50M insurance policy will mean for the resolution of the failed firm’s bankruptcy proceedings? Well, Steve Davis is probably happy. [Thomson Reuters News & Insight]
* Howrey going to pay off all of our creditors? Probably by dipping into the coffers of the 70 other law firms that took on our defectors. Have fun with all of those subpoenas. [Capital Business / Washington Post]
* The percentage of women in Biglaw partnership positions is up 2.8% since 2003, but the equity gender gap remains. At least some progress is being made. [National Law Journal]
* “I thought your papers were terrific, I just disagreed with them.” Kleiner Perkins isn’t a fan of backhanded compliments, so the firm is appealing a judge’s decision to keep Ellen Pao’s case out of arbitration. [Reuters]
* James Holmes, the alleged shooter in the Aurora movie-theater massacre, is scheduled to make his first court appearance today for an initial advisement. Thus far, he’s facing at least 71 charges. [Denver Post]
* The class action suit filed against Cooley Law over its allegedly deceptive employment statistics has been dismissed, much like the NYLS lawsuit before it. More on the dismissal to come later today. [WSJ Law Blog]
* “Sex isn’t going to buy me dinner.” Michael Winner, the attorney accused of offering “pro boner” assistance to female inmates, claims in an interview that the allegations against him are “just plain false.” [WSB-TV Atlanta]
* Following yesterday’s hearing, Kleiner Perkins may be able to get a second bite at the proverbial apple after a judge tentatively denied the firm’s bid to arbitrate Ellen Pao’s gender discrimination suit. [The Recorder; Bits / New York Times]
* Ogletree Deakins has allegedly got 99 299 problems, and a b*tch ain’t one billing errors are all of ‘em. Arizona’s Maricopa County wants a refund, and it plans to debar the firm from additional work for the next three years. [ABA Journal]
* Not everything’s bigger in Texas: attorneys for Lance Armstrong have refiled a shorter version of his lawsuit against the U.S. Anti-Doping Agency after suffering a brutal benchslap at the hands of Judge Sam Sparks. [Los Angeles Times]
* Screw your ban on non-lawyer investors, we’ll expand anyway! Jacoby & Meyers merged with Chicago’s Macey Bankruptcy Law to create a 300-attorney adventure in awful lawyer advertising. [National Law Journal]
* “I don’t care what the law says, you’re getting a summons.” Sorry, officer, but you don’t mess with a Brooklyn Law student’s booze, because he’ll challenge New York’s open-container law. [City Room / New York Times]
Suppose you’re doing business in a country that is perceived as being corrupt. For example, Myanmar, North Korea, and Somalia take the bottom three slots in the 2010 Corruption Perceptions Index.
Okay, let me rephrase that: Suppose you’re doing business in a country where it’s actually lawful to do business, but the country is perceived as being corrupt. Cambodia or Zimbabwe might fit the bill. (On reflection, it strikes me that my own company may actually do business in those two places. If we do, then I, naturally, love the judicial systems in Cambodia and Zimbabwe. If my company is ever in court in one of those places, please don’t hold this column against us. It’s just that terribly unfair perception of corruption that gives you guys a bad name.)
How do you conduct business there?
Very carefully, of course.
As a matter of compliance, your company must implement policies that forbid payments that are customary in the corrupt place, but forbidden by U.S. law. And your company must enforce those policies, perhaps by having a regional group that approves third parties with whom you do business or otherwise strives to comply with the law.
But that’s the front end. What do you do at the back end, if you find yourself in a dispute in the corrupt place?
* So you made some anti-war comments, touched Dick Cheney, got arrested, claimed your First Amendment rights were violated, and your case made it all the way to SCOTUS. Greatest accomplishment? Not getting shot by Cheney. [Huffington Post]
* Whoa, whoa, whoa. You mean to tell me that Wachtell’s name partner, Martin Lipton, the man who created the “poison pill,” supports staggered boards? Consider my mind blown. [DealBook / New York Times]
* M&A maven Dennis Block and real estate rock star Jeffrey Feil each donated $1M to their alma mater, Brooklyn Law School. See, you don’t need to go to a T14 school to make bank. [National Law Journal]
* Protip: not even Dov Charney’s world-renowned creepiness can save you from an arbitration agreement. A former employee’s $260M sex slave suit has been tossed out of court. [New York Daily News]
Many former partners at major law firms spend their post-Biglaw years living large — as well they should. After all, they worked very hard, for many years, to amass seven-figure, eight-figure, or even nine-figure fortunes. After leaving behind the life of billing 2000+ hours a year, they finally have time to enjoy the fruits of their labor.
But not all ex-partners find themselves on Easy Street. Take, for example, these two ex-partners in California — one whose civil suit against her former firm isn’t going so well, and one who might be going from Biglaw to the Big House….
Last month, Juliette Youngblood, an ex-partner at the elite California law firm of Irell & Manella, filed suit against her former firm. In her lawsuit for sex discrimination and wrongful termination, Youngblood advanced a whole host of salacious allegations — including a report of sexual harassment by Morgan Chu, arguably the nation’s #1 intellectual-property litigator.
Irell did not respond to the lawsuit at the time. Now it has, in a blistering 22-page filing that calls Youngblood’s claims “meritless” and “utterly false, complete fabrications manufactured out of whole cloth.”
What does the firm have to say about the specific claims made by Youngblood — such as the allegation that a drunken Morgan Chu made inappropriate and offensive comments to her at a firm happy hour, including remarks about her physical appearance and about “objects entering [Youngblood's] body”?
And what do ATL sources, including readers familiar with both Youngblood and Irell, think of the situation?
I came of age in the law in the late 1980s. At the time, arbitration was viewed as a big deal and a possible threat to the judicial system. Many corporations were adding arbitration clauses to their contracts; companies were agreeing to arbitrate, rather than litigate, disputes; and pundits feared that the judicial system would suffer.
What were the perceived benefits of arbitration?
It’s private. Companies wouldn’t have to share their dirty corporate laundry with the world.
You get to pick your own decision-maker. If you fear generalist judges, you can select an industry specialist as your arbitrator.
Arbitration is cheaper. Limited (or no) document production; no depositions; no silly, time-consuming motion practice. No serious appellate review, and thus relatively few time-consuming appeals.
This was perceived as being not just good, but great! Parties could design their own processes to have private judges resolve disputes quickly and efficiently, and corporations would spare themselves the expense and indignity of appearing in court.
Indeed, a couple of decades ago pundits feared that arbitration would soon threaten the judicial system. Parties with means would plainly prefer arbitration to litigation, so there would be ample demand for arbitrators’ services. Arbitrators are often paid at the rate of private practice lawyers, rather than public servants, so good judges would leave the bench in droves to accept more lucrative jobs as private arbitrators. The quality of judges would decline, and America would be left with a two-tiered system of justice: High-quality, private arbitration for the rich, and low-quality, public courts for the poor.
Although the matter is still being contested — Northland has asked a court to reduce its bill still further, to zero — the arbitrator’s finding calls into question the business model Goodwin and many other large law firms have relied on for decades: Deploying huge legal teams to pursue clients’ cases, often assigning more than a dozen lawyers to compile research, conduct depositions, and draft motions.
— an article in the Boston Globe about a recent fee dispute between Northland Investment Corp. and Goodwin Procter, in which an arbitrator concluded that Goodwin overcharged Northland by more than $540,000 (gavel bangs: ABA Journal and WSJ Law Blog).
When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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@example.com.
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