D. Maimon Kirschenbaum

So… stop me if you’ve heard this one before. Man sues staffing agency and Biglaw firm for overtime — because document review isn’t really legal work. Man then applies to the EXACT SAME STAFFING AGENCY for more document review work — touting all his legal experience reviewing documents.

Staffing agency then requests sanctions.

Maybe it isn’t the classic tale of boy meets girl, but it is pretty entertaining. Though it’s not as convoluted as it may sound. Find out all the details, and which Biglaw firm was dragged into this suit after the jump…

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Did you say threesome, Dean?

* The Magic Circle isn’t very magical across the pond in New York City. Four out of five firms from the U.K. — Allen & Overy, Clifford Chance, Freshfields Bruckhaus Deringer, and Linklaters — have yet to pull rabbits out of their hats in the Big Apple. [Am Law Daily]

* Dewey know how much this failed firm’s old domain name sold for at auction? At the conclusion of the sale, it ended up going for $210,689, which was just a shade over the initial asking price of $200,000. Someone just got ripped off. [Law360 (sub. req.)]

* The judge on this case against Skadden Arps isn’t sure that document review should count as anything other than practicing law, “even if it’s not the most glamorous.” Ahh, the luxurious life of a contract attorney. [Am Law Daily]

* Professor Raymond Ku has filed an amended complaint against Case Western Law Dean Larry Mitchell, and now the allegations are even juicier, including a possible ménage à trois. [Cleveland Plain Dealer]

* The number of people who took the LSAT in October has dropped for the fourth year in a row, this time by 11 percent. “This is a big deal” for law professors interested in keeping their jobs. [National Law Journal]

[Quinn] could have hired out-of-work actors for this.

Marc Greenwald, co-chair of Quinn Emanuel’s white collar and corporate investigations group, insisting during oral arguments before a federal judge that the firm instead hired William Henig, a contract attorney, to review documents, due in part to his legal expertise.

(Henig is suing the firm for overtime pay under the Fair Labor Standards Act, claiming he wasn’t acting as a lawyer, but rather, a mindless document monkey.)


They’re exploiting the prestige of the profession to screw a lawyer out of his rightful wages. I think there’s a general sense that if we’re a law firm and we’re doing it, then it’s legal.

– New York plaintiffs’ lawyer D. Maimon Kirschenbaum, in remarks made about his latest client’s Fair Labor Standards Act suit against Skadden Arps and Tower Legal Staffing. This is the third FLSA suit filed by Kirschenbaum in which a plaintiff claims that document reviewers are entitled to overtime pay due to the routine nature of the work.

(Keep reading for additional details about Kirschenbaum’s prior suits, and to see the latest complaint, replete with the truth on the horrors of doc review.)

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