Yesterday, after whining about law schools on NPR, I motored over to the Fox headquarters on Sixth Avenue. They wanted me on to to talk about a post I did a couple of weeks ago, encouraging oil-spill victims to take their BP money from the $20 billion fund being administered by Ken Feinberg, instead of pursuing private lawsuits against BP. For the debate, they brought on a plaintiff’s lawyer.
I thought it was a good segment, and I do believe the BP fund will be better for the victims (and the justice system) than a slew of plaintiff’s lawyers jumping on BP — and taking a sizable cut out of whatever damages a judge (most likely) reduces.
Ellie [sic], I think you are on the brink of finally embracing the fallacy of prudential regulation and the idea that government or semi-government programs are ever going to be able to take care of someone who refuses to take the most basic steps of self-preservation. I saw you on Fox News and I bet you vote Republican this November.
I don’t think I was accessing my inner elephant. But check out the clip and tell me what you think…
As we mentioned this weekend, the BP oil spill has been capped (for the time being), and now we can fully focus on who needs to get paid. As with so many things, it’s Ken Feinberg’s world and we’re just living in it. Bloomberg reports:
Kenneth Feinberg, who is overseeing a $20 billion fund to pay damage claims from BP Plc’s oil spill, pledged to create a system “more generous and more beneficial” to spill victims than taking the company to court.
More generous than court? Ooohh, judicial system, Czar Feinberg is calling you out. You gonna just take that?
* Yesterday was a big day at the Supreme Court. Who were the Biglaw winners and losers at One First Street? [Am Law Daily]
* Of the four opinions from yesterday, McDonald v. Chicago, aka “the guns case,” seems to have generated the most headlines. [How Appealing (linkwrap)]
* And Solicitor General Elena Kagan wants to get in on all the fun. Dana Milbank summarizes yesterday’s confirmation hearings in five words: “talking about Elena is boring.” [Washington Post]
* Federal prosecutors have accused 11 people of being part of a Russian spy ring — including couples living apparently normal lives in places like Cambridge, Massachusetts, and Montclair, New Jersey. [New York Times]
Not many people are happy about the massive BP oil spill in the Gulf of Mexico — with the possible exceptions of (1) Elena Kagan, whose confirmation to the Supreme Court is all but guaranteed (since everyone’s too distracted to oppose her); (2) the lawyers who are getting work out of this disaster (as discussed below); and (3) whoever is behind the fake BP Twitter account, which currently has over 167,000 followers.
But today brings some news that might make some people a little less angry at BP. Even though the government probably couldn’t have forced the oil giant to set up a $20 billion fund to pay oil spill claims, for the reasons explained by Professor David Zaring, BP is setting up such a fund voluntarily. The New York Times reports:
The White House and BP agreed on Wednesday that the oil giant would create an independent $20 billion fund to pay claims arising from the worst oil spill in American history.
Bowing to pressure from the Obama administration, the company also said it would suspend paying dividends to its shareholders for the rest of the year and would compensate oil field workers for lost wages.
There are actually several legal angles to the BP drama. For example, who will administer this massive fund? And which firms are getting a piece of all the defense-side action?
Jamie Gorelick is a Washington D.C. power lawyer. She’s a former Deputy Attorney General, former general counsel to the Defense Department, and current partner at WilmerHale, where she chairs the national security and public policy practice groups. She’s had — and continues to have — an amazing career.
Former Deputy Attorney General Jamie Gorelick will head the legal team for British oil giant BP PLC as it prepares to respond to legal challenges related to the oil spill in the Gulf of Mexico, Greenwire reported Wednesday.
“We have been retained to help the company respond to the numerous congressional inquiries that are underway,” Gorelick, now of Wilmer Cutler Pickering Hale and Dorr LLP, said in an e-mail to Greenwire. “We have not been retained to advocate for any position.”
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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: firstname.lastname@example.org.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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