That’s right, plaintiffs’ counsel sat down to the negotiating table and cut a deal, without knowing a single thing about what cards their opponents held. For all counsel knew — for all they know even today — there are memoranda and reports in Nissan’s internal files disclosing that the LEAF’s Lithium-Ion battery suffers from a variety of defects, and that Nissan nevertheless decided to go to market with it.
– Chief Judge Alex Kozinski, filing an objection to a class action settlement between Nissan and buyers and leasers of its electric car, the LEAF. Alison Frankel of Reuters describes having Chief Judge Kozinski as an objector as a “lawyer’s nightmare.”
A lawyer who brings a lawsuit predicated on his own stupidity is a rare, beautiful, courageous creature. It’s one thing to represent with a straight face someone who tried to make out with an industrial fan, and another to admit that you personally couldn’t master simple technology.
It’s also a bold move for a partner in a law firm to admit that he’s bringing a lawsuit over losing ONE FRIGGING DOLLAR on his mistake.
That’s why this guy deserves some credit for being so comfortable publicly admitting what no one else would…
The third week of June is a frustrating time to follow the Supreme Court.
If there’s any institution in contemporary America that understands ceremony, it’s the Court. Such a self-consciously dramatic institution is, in no way, going to underestimate the importance of timing in issuing opinions. The Justices know that there’s a big difference between a story — or a history book — that starts “On the last day of the Term, the Supreme Court decided,” versus “On the third to last day of the Term….”
There is, in short, just about zero chance that this close to the end, yet not quite at the end, the Supreme Court is going to issue an opinion in the Texas affirmative action case, the Voting Rights Act case, the challenge to the Defense of Marriage Act, or the California Proposition 8 case.
And yet, the Court still issues opinions. And we still line up to hear them, or push SCOTUSblog’s liveblog viewer-count to even higher numbers, even if we all know, or should know, that the opinions we get are not opinions that will resonate through the ages.
Today, the Supreme Court did issue three opinions. And one of them is important, if only for disaffected teenagers. The rest you may not care about, unless you’re a felon with a gun or you ever signed an arbitration agreement….
* To those of you who celebrate it, Happy Easter! Welcome the holiday by voting in the ABA Journal’s fifth annual “Peeps in Law” contest. [ABA Journal]
* If law firm brackets aren’t your thing, check out Professor Kyle Graham’s brackets for (1) law school classes and (2) law blogs. I’m thankful for ATL’s #1 seed but terrified by who we’re up against (because they’ve ripped me a new one before). [noncuratlex]
* Sorry, Judge Steiner, you wuz robbed; you should have been our Judge of the Day. It’s tough to top “allegations of a sexual quid pro quo with a female lawyer and the eye-opening confiscation of carpet from [chambers] for forensic analysis.” [OC Weekly]
In August, New York Law School (NYLS) was hit with a class action lawsuit over the school’s allegedly deceptive post-graduate employment data. The case was filed by plaintiffs’ lawyers Jesse Strauss and David Anziska. In October, NYLS filed a motion to dismiss that claim. In March, the lawyers ventured down to the New York Supreme Court to argue the merits of the case, and a little more than one week later, we broke the news that the suit had been dismissed by Judge Melvin Schweitzer. The plaintiffs’ lawyers vowed to appeal that decision, and today, we’ve got news on whether the Gomez-Jimenez v. NYLS suit will live to see another day.
What result? The dismissal of the class action lawsuit filed by Team Strauss/Anziska against NYLS over its allegedly deceptive employment statistics has been affirmed….
Women often get the short end of the stick when it comes to upward mobility in their careers. Despite the fact that firms claim to be rectifying these inequities, for every two steps forward the legal industry takes, women seem to be pushed two steps back. Be it smaller salaries or fewer leadership opportunities, women lawyers are usually left holding the bag. It’s almost as if they’ve got to make up for what they lack (dangling genitalia), in all of their dealings.
Women already have a hard enough time as it is without being unfairly subjected to unspoken policies that affect both firm politics and partnership decisions. But, such is life when you’ve thrust yourself into the wonderful world of Biglaw, where the “boys club” reigns supreme, and women are essentially railroaded into the pink ghetto.
How would you like to work for a firm where men hog all of the origination credit, and do their damnedest to exclude women from client pitches? How would you like to work for a firm where women are encouraged to have intimate relationships with firm leaders in order to be promoted?
That doesn’t sound like a friendly working environment, but that’s exactly what a $200 million class action suit against Greenberg Traurig alleges….
* Bank of America agreed to pay $2.43 billion, one of the biggest securities class-action settlements in history, to put the Merrill Lynch mess behind it. According to Professors Peter Henning and Steven Davidoff, B of A “is probably quite happy with the settlement given that it could have potentially faced billions of dollars more in liability in the case.” [DealBook / New York Times]
* “Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting.” Here is Robert Barnes’s take on the SCOTUS Term that starts today. [Washington Post]
* And here is Professor Garrett Epps’s review of Jeffrey Toobin’s new book on the Supreme Court, The Oath (affiliate link). [New York Times]
* How Dewey justify paying a big bonus to a member of the management team “when it has been widely pointed out that excessive compensation to the firm’s upper management significantly contributed to the firm’s collapse in the first place?” [Bankruptcy Beat via WSJ Law Blog]
* A high-profile Vatican trial raises these questions: “‘Did the butler do it?’ Or rather, ‘was it only the butler who did it?’” [Christian Science Monitor]
* Ben Ogden, an Allen & Overy associate who was killed in a Nepalese plane crash, R.I.P. [Am Law Daily]
* Obama has made more women federal judges than any other president in history. But he still has a long way to go to match Bill Clinton’s record for being judged by women. [Wall Street Journal]
* Let’s agree that neither of the people running for president should be a tax lawyer. [Going Concern]
* This story about law firms involved in a class action suit allows me to quote one of the great Abraham Lincoln lines, as retold by the late Shelby Foote: “There’s too many pigs for the tits.” [Forbes]
Stripping is supposed to be a lucrative profession — just look at all of the law students racing to the poles in the hopes of obtaining gainful employment. And in some states, bumping and grinding on stage while wearing six-inch lucite heels is even considered an artful expression worthy of protection under the First Amendment. Unfortunately, two lawsuits in New York and Texas threaten to sabotage the erotic striptease entertainment that we’ve all come to know and love.
New York’s highest court is currently considering whether an adult club is entitled to a sales tax exemption for lap dances under the theory that they qualify as “dramatic or musical arts performances.” Meanwhile, in the Lone Star state, a plaintiff in a federal class action suit claims that strippers are misclassified as independent contractors and being forced to live on tips alone.
Now that we’ve greased the pole, let’s get ready for a feature performance from both of these suits….
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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…
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