Back in June, when I reviewed employment data for the law school class of 2013, I sounded some cautiously optimistic notes. I wondered whether a stable job market and shrinking law school classes could produce better employment outcomes for many law grads.
Could the jobs picture be even brighter than “stable”? Check out what looks like a big expansion of the U.S. Department of Justice’s prestigious Attorney General’s Honors Program, along with other opportunities to work as a lawyer for the federal government….
The white-collar bar is a varied and wonderful thing.
On one hand, there are the large-firm players — the FCPA mongers and the folks doing criminal antitrust work who fly all over the globe representing clients in lucrative conference room litigation that will rarely see a courtroom.
These cases are well-funded. Even if the client has a higher chance of French kissing the Chief Justice during the State of the Union address than of being indicted, as long as he’s indemnified by a large company, many firms will do everything they possibly can to be completely and fully ready for an indictment that will never come. I haven’t yet heard of a mock jury for a client in an investigation that isn’t going to be indicted, but I think that’s only because no one has thought it up yet. (And, to my friends currently representing such indemnified clients, you’re very welcome for the suggestion.)
For these folks, attorney-client privilege exists and is relatively easy to preserve. It’s good to be pre-indictment and it’s good to be indemnified.
But, for the rest of the folks accused of white-collar crimes, our Department of Justice is only too happy to make folks choose between a preserved attorney-client privilege and the Sixth Amendment.
* From Big Government to Biglaw: Our congratulations go out to Benjamin Horwich, most recently of the Office of the Solicitor General at the U.S. Department of Justice, as he joins Munger Tolles & Olson as counsel. Nice work. [Munger Tolles & Olson]
* The number of law school applicants took a nose dive for the fourth year in a row, this time by 8 percent, summarily crushing the hopes and dreams of law deans praying for a change of their otherwise most dismal fortunes. [National Law Journal]
* Considering the latest slump in applicants, whether a law school evaluates your average LSAT score or highest LSAT score matters little. Admissions officers will jump for joy that you have a pulse. [Law Admissions Lowdown / U.S. News]
* “You don’t have to convict on every count to have a win.” Azamat Tazhayakov, friend of accused Boston Marathon bomber Dzhokhar Tsarnaev, was convicted of obstruction and conspiracy to obstruct justice. [Bloomberg]
* Per documents filed by a lawyer appointed to represent Philip Seymour Hoffman’s children, the actor didn’t set aside money for them because he didn’t want them to become “trust fund kids.” [New York Post]
Well, you’ve got to hand it to them: if we’re going to say that corporations are people, then we need to start subjecting them to criminal sanctions for committing victimless crimes. It’s only fair. So it’s heartening this morning to see that the government has secured an indictment — based on a 9-year investigation — of a major corporation for dealing drugs. Welcome to personhood in America!
And this is not some pharma company trying to get America hooked on the new Prozac. We’re talking about a non-pharma company peddling illegal drugs and getting called out on it by the feds….
With the Supreme Court’s 2013 term concluding on Monday, many Americans are assessing how they feel about the judicial branch of their government. Even if you are still reeling about some of the decisions made recently by the least dangerous branch, don’t forget the executive. The president and his agencies can also make you wonder how the American experiment is panning out.
On Tuesday, U.S. District Judge Reggie Walton issued an order to hear oral arguments from lawyers representing the Internal Revenue Service and the conservative nonprofit True the Vote. True the Vote is one of the conservative groups claiming IRS improperly targeted its application for nonprofit status based on the group’s political and philosophical affiliation. True the Vote filed a motion for a preliminary injunction and expedited discovery on Monday, calling for an independent forensics examination of any IRS hard drives, servers, or other computer hardware involved in the government agency’s possible targeting of conservative nonprofits’ applications for tax-exempt status. It wants an outside computer expert to try to ascertain how and when any electronic evidence, such as former IRS Commissioner Lois Lerner’s emails, may have been lost. Also, it would be great if the government didn’t spoliate — I mean “recycle” — any more evidence….
* 17 bizarre lawsuits. I don’t know, I view the people making sure I get every delicious inch of my meatball sub as heroes. [Crime Wire]
* Dallas just threw its support behind reparations for slavery. Because obviously they didn’t bother to read the resolution. Democracy in action! [Gawker]
* J. Christian Adams misunderstands an election law. This shocks me not at all. In the past, he complained to me that Pam Karlan didn’t understand voting rights based on a panel I covered. She’s now the Deputy Assistant Attorney General for Voting Rights and Adams is still spouting off (affiliate link) about how the DOJ is bending over to service the Black Panthers. [Election Law Blog]
* Did you know the history of drones in America dates back to the Civil War? Well, now you do. And knowing is some proportion of the battle. Infographic below…. [Criminal Justice Degree Hub]
Last week, I wrote about why so few people go to trial, and I talked about some of the challenges of going to trial in a criminal case in federal court, particularly in a white-collar case.
This week, I’d like to talk about another challenge with going to trial — statements made to law enforcement by the person who is accused of a crime.
After Zachary Warren was indicted in connection with the Dewey implosion, there was a lot of coverage of why, exactly, a smart, educated, fancy lawyer would talk to law enforcement without a lawyer present. (See, e.g., here, and here, and here).
As these prior pieces talk about, there’s a tactical problem with talking to law enforcement in the first place — the agent may say that he or she is just giving you a chance to “tell your side of the story” or “get the truth out” but, really, that person’s interest is in getting a conviction so they get a stat. They’re trying to build a case against you and that has less to do with celebrating the importance of impartial truth seeking, and much more to do with boxing you in so that a trial would be hopeless (see this on one way to think about the agent’s priorities when they’re taking a statement).
There is, though, another problem with talking to law enforcement — one that, hopefully, DOJ is actually making better.
* This is a literal way of sticking it to the banks — man arrested for attempting to have sex with an ATM machine. He was charged with public intoxication. And solicitation… goddamned $3.00 out of network charge. [The Smoking Gun]
* A new NFL lawsuit alleges that the NFL illegally used painkillers to cover up injuries. This story is brought to you by the letters D, U, and H. [Sports Illustrated]
* In an interview, the admissions dean of the University of Texas says the school “extend[s] opportunities to students who aren’t 100% perfect on paper.” No kidding. [Tipping the Scales]
I have lawyers who are extremely well-connected at the Justice Department who usually can, with one phone call, get [Attorney General Eric] Holder on the phone. And they actually have gotten the people they wanted to get on the phone. And those people have been very unusually unforthcoming about what their thinking is or what’s happening, even to the extent of not being willing to tell them whether there’s already an indictment filed under seal or whether there’s a grand jury investigation…. [T]hey clearly want me to linger in this state of uncertainty.
– Lawyer turned journalist Glenn Greenwald, famous for his reporting on NSA surveillance, discussing with GQ the legal limbo he finds himself in.
(What Greenwald thinks about Hillary Clinton — hint: he’s not a fan — after the jump.)
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.
The JOBS Act created new tools for companies to publicly advertise securities deals online. As a result, thousands of new deals have hit the market and hundreds of millions in capital has been raised, spurring a wealth of new business development opportunities for attorneys.
Fund deals, startup capital raises, PIPE deals and loan syndicates are just a handful of the transactions benefiting from the JOBS Act. InvestorID FirmTM is a platform designed to help attorneys equip their clients with the workflow, marketing and compliance tools to publicly solicit a securities offering online. By providing clients with the tools to painlessly navigate the regulatory landscape of general solicitation, InvestorID FirmTM helps attorneys add value above just legal services.
The Jumpstart Our Business Startups Act (JOBS Act) went into effect in 2013 and permits Regulation D offerings of securities to be advertised publicly. This means that funds and companies can now use social media, emails and web sites to market transactions to new “accredited” investors.
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