Boies Schiller

Andrew Shirvell

* Andrew Shirvell questioned himself for over an hour today in defense of himself from Chris Armstrong’s defamation lawsuit. I’m telling you, life is so much easier when you don’t care about a person’s sexual orientation. [Detroit Free Press]

* It looks like Boies Schiller somehow filled the spot left by Elizabeth Wurtzel. [Thomson Reuters News and Insight]

* Election Law professor Rick Hasen is disappointed with the Pennsylvania voter ID decision today. [Election Law Blog]

* Grumpy baby boomer blogs angrily about law and life, a.k.a. my future. [Grumpy Baby Boomer]

* How to dress like a female lawyer from a television show. Funny, I didn’t know “breast implants” were a fashion accessory now. [Levo League]

* The Daily Caller dug up an article Michelle Obama wrote about critical race theory while at Harvard. She makes some pretty good points, especially considering the perspective of a young black person trying to deal with Harvard Law School in 1988. But I suspect the context of the article, the theory, the history, the university, and everything else will be missed by most of the readers of the Daily Caller. [Daily Caller]

* Here’s a new social network for law students. [Indiana Lawyer]

* Buy Tyler Coulson’s book (affiliate link), save a dog. You don’t want to kill puppies, do you? [PR Web]

* Lat is on a proposed SXSW panel about haw law firms should (and should not) be using Twitter and other social media. I hope firms don’t listen to him, because it’ll make my job easier. [SXSW PanelPicker]

Elizabeth Wurtzel

Last week, Elizabeth Wurtzel left Boies Schiller & Flexner. The bestselling and critically acclaimed author of Prozac Nation and other books, and a contributor to such publications as the New Yorker and the Wall Street Journal, Wurtzel started working at the formidable firm in 2008. She was personally hired by legendary litigator David Boies, after she graduated from Yale Law School.

We heard some interesting rumors about what led to La Wurtzel’s departure from BSF. On Friday afternoon, one tipster breathlessly told us the following: “Wurtzel was fired from Boies Schiller after she demanded a window office (she had been working in an internal office similar to what staff use). The partners looked at her hours — which are so minimal that it’s amazing she is still employed at all — and gave her the boot. She is also still not licensed. She passed the bar — but what about character and fitness?”

(The potential character and fitness issues arise out of Wurtzel’s wild pre-law life. As the New York Times put it, Wurtzel is someone “whose attempted suicide, drug use, self-mutilation and indiscriminate sex have made her famous” — thanks to her turning these experiences into the books Prozac Nation and More, Now, Again. To learn more, read her nomination blurb in our contest for Yale Law’s most disgraceful graduate.)

The notion of Wurtzel getting fired over a dispute about office space struck me as a little… well, like Office Space. Did she demand a red Swingline stapler too?

I reached out to Liz Wurtzel and Boies Schiller to find out what actually went down. Here’s what I learned….

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The new Vault Rankings are out. It’s a fun day for large law firms — a day when their prestige is matched against that of their peers.

The day is even more significant this year, since it appears that so-called “top” Biglaw firms are now paying bonuses largely in “prestige points.”

Vault ranks the prestige of firms based on nearly 17,000 surveys sent to law firm associates all across the country. Just by looking at the top ten firms, I think we can agree that associates who fill out these surveys have no memory and have really enjoyed this period of salary stagnation.

As I mentioned last week when talking about associate hours, it seems Biglaw partners really know what they’re doing. Whether we’re talking about prestige or associate hours, partners have figured out that associates will take less money and like it….

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Last week, I headed downtown to meet with Stephen A. Weiss and Eric Jaso, partners at the Seeger Weiss litigation boutique. Weiss co-founded the firm with Christopher Seeger in 1999. Jaso, who just joined the firm from Stone & Magnanini, is a friend and former colleague of mine from the U.S. Attorney’s Office. They kindly agreed to be interviewed about what it’s like to work at an elite, plaintiff-side litigation firm.

Here at Above the Law, we’ve always had strong coverage of the large, defense-oriented firms that collectively constitute Biglaw. In the past few years, however, we have dramatically expanded our offerings related to smaller law firms. We currently have three columnists — Brian Tannebaum, Tom Wallerstein, and Valerie Katz — writing in this space, in addition to the small-firm coverage generated by our other writers.

Consistent with this editorial expansion, I was eager to meet with Weiss and Jaso and hear about Seeger Weiss (which is relatively large for a plaintiffs’ firm, but small compared to a Biglaw firm). I’ve always wondered why more law school graduates don’t go into plaintiffs’ work and why we don’t hear about this side of practice as much. It can represent a chance to do well while also doing good, by vindicating victims’ rights or blowing the whistle on misconduct — especially in the qui tam practice area, a focus of Seeger Weiss.

Here’s what Weiss and Jaso had to say….

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President Barack Obama now supports marriage equality. And so do many major law firms, it seems. More than 30 top firms provide the “tax offset for domestic partner health benefits” or the “tax equalization for same-sex health benefits.” (If you’re not familiar with this benefit, also known as the “gay gross-up,” see this explanation.)

Since our last discussion of which Biglaw firms offer the tax offset, a few more names have jumped on the bandwagon. Let’s find out which ones, shall we?

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Over the past few weeks, we’ve heard some surprising rumblings of discontent from Boies Schiller. Why do we say “surprising”? Because the complaints have been about compensation, which is typically something that BSF lawyers never complain about.

Boies Schiller, the litigation powerhouse founded by the legendary David Boies, is an amazing firm. Its lawyers work on some of the biggest and most important cases of our time, and their compensation reflects that. In addition to paying above-market base salaries — the BSF scale starts at $174,000 — the firm pays bonuses that blow the NYC market out of the water.

In recent years, Boies has made two bonus payments to associates, one in December and one in April. But this year, April came and went, and many lawyers did not receive any payout. Of those who did receive payments, many were surprised at the small size.

So what happened? Did the relative cheapness of the disappointing spring bonuses at Sullivan & Cromwell trickle down (or up) to Boies Schiller? Let’s discuss….

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She definitely loves wieners.

* Vedel Browne has been charged in the machete robbery of Supreme Court Justice Stephen Breyer. He faces up to 20 years if convicted, and with that sentence, we’re betting he wishes he got away with more than $1,000. [CNN]

* ¡Viva México! These days, Mexico’s got more than just drug cartels, violence, and prison riots. More and more U.S. and international law firms (like DLA Piper) are crossing the border to set up shop. [Wall Street Journal]

* Which Biglaw firms own New York’s congressional delegation in terms of donations? The same Biglaw firms that have handed out bigger bonus dollars: Boies Schiller, Davis Polk, and Paul Weiss. [Politicker]

* Jury selection in the Tyler Clementi case is under way. Dharun Ravi, the Rutgers student who allegedly spied on his roommate, faces up to ten years in prison. Should’ve taken the plea bargain, bro. [New York Post]

* Some women like their wieners with a side of abuse, but that doesn’t mean they want the encounter memorialized on film. A federal judge says that’s too bad, so let the cameras roll. [Hollywood Reporter]

* Katherine Darmer, a Chapman University law professor, passed away after falling from a building last week. Her death is now being probed as a possible suicide. Rest in peace, professor. [Los Angeles Times]

Morning Docket: 12.29.11

I know why the caged bird tweets.

* Here’s a nice round-up of some of the most controversial laws that will be enacted in 2012. Looks like California is going to have some fabulously multicultural litigation. [Associated Press]

* What do you get when you cross an artist with a penchant for Rastafarians with the son of a Boies Schiller name partner? The biggest copyright fair use appeal ever. [New York Times]

* A Massachusetts town paid Phoebe Prince’s family only $225K to settle. With lawyer’s fees, it’s almost not even worth suing if your kid gets bullied to death. [ABC News]

* Everyone is going cuckoo over Iowa’s conservatives, even the Eighth Circuit. Iowa Law’s former dean is facing a political discrimination suit. [WSJ Law Blog]

* Apparently, this PhoneDog Twitter account case is a pretty big deal in the world of social media law. I’ll turn discussion of this issue over to our social media expert, Brian Tannebaum. [CNN]

* An employee at a presumably small law firm in New York had her jaw shattered while a thief ransacked the office. Give this woman a bonus. Hell, give her a raise, too. [New York Post]

Just to be clear, the people who think that Cravath is the “compensation leader” in terms of Biglaw firms are incorrect. Wachtell Lipton, for example, regularly pays more than the people at Worldwide Plaza. Cravath does not set the top of the market in terms of associate bonuses.

The first firm to make Cravath associates feel impoverished this season appears to be Boies Schiller. Yep, the house that David Boies built is once again paying money to its people like bonuses are a reward for hard work.

But some say the payouts don’t appear to be quite as generous as last year. Others disagree. But you really don’t have to try that hard to beat Cravath anymore…

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Last night we wrote about a high-profile lawsuit: 3M v. Lanny Davis. Yes, that’s right: the maker of Post-its and Scotch tape is going after Lanny J. Davis, the noted D.C. lawyer and lobbyist, along with his client, Porton Capital (a group of private investors).

It’s a strange lawsuit, but the allegations in it aren’t new. Similar suits were filed by 3M in June and July, in New York state court. (And one of them is still pending, despite the filing of an action in D.C. federal court.)

The primary parties, 3M and the Porton Group, have crossed swords before. In fact, they’re litigating against each other right now in merry olde England, before the High Court in London. In the U.K. litigation, 3M is being sued by Porton Capital and by the British government (in the form of Ploughshare Innovations, an entity owned by the U.K.’s Ministry of Defence).

According to the Wall Street Journal, Porton and Ploughshare allege that 3M failed to diligently develop the BacLite testing technology, “a product already proved and used in Europe as a cheap and quick way of detecting methicillin-resistant staphylococcus aureus, commonly known as MRSA, a hospital infection.” The reason this is so upsetting to Porton and Ploughshare is that they were contractually entitled to receive royalties from 3M’s sales of BacLite. The plaintiffs in the U.K. case claim that 3M abandoned BacLite less than a year after buying it — after botching the BacLite trials, and declaring the testing technology non-viable — “in order to protect a 3M-developed detection product known as Fastman from the less expensive rival posed by BacLite.”

Got that? Okay. Now, some updates to our prior coverage….

UPDATE (9/2/11, 9:30 AM): An update to our updates: a statement from William A. Brewer III, counsel to 3M, has been added below.

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