* Mike Brown, the man at the center of the would-be South Carolina restaurant racial discrimination suit, has a post over at xoJane telling his story. [xoJane]
* Time for a Team Prenda update! Now they are making really embarrassingly terrible “your mom” jokes. [Popehat]
* Contrary to Elie’s tweet, there is kind of a legal angle to the debacle at the VMAs that was Miley Cyrus dancing with an aging Michael Keaton dressed as Beetlejuice Robin Thicke. MuckRock has submitted a FOIA request to find out how many complaints were filed with the FCC. Unfortunately, my bet is that the number is more than zero, despite the FCC having no legal authority over indecency on MTV. If you have no idea what we’re talking about, here’s a collection of GIFs. [MuckRock]
* Shots fired! Law Librarian Blog snarks on Law Professor Blogs 2.0 re-design. Palace Intrigue: Blogger Edition. [Law Librarian Blog]
* A new website provides an online course in general deposition prep for witnesses. Will this work? Pro: Deposition prep involves haphazard application of life lessons from a lawyer’s individual career and a professionalized course is beneficial. Con: Why would a firm forfeit all those billable hours to a third-party? [The Perfect Witness]
* Not every law school is cutting back. San Joaquin College of Law is expanding its enrollment. It’s not ABA-accredited, so all these students are sure to land on their feet. [KFSN]
* Since we’re likely to be at war with Syria by the end of the week, here’s a thoughtful piece on the legality of intervention in light of the UN charter and moral obligations. [Boston Review]
* The Poly Prep alumni who settled their sex abuse suit against the school are going after O’Melveny & Myers for allegedly playing a part in prolonging the litigation by doing what lawyers do best: lying. [Am Law Daily]
* If you’ve got a case up on appeal and you’re like a virgin, giving oral (arguments) for the very first time, then you should probably consider taking a look at the top 10 tips that’ll help you to prepare for it. [The Recorder]
* The California Supreme Court denied petitions from Proposition 8 proponents seeking to enforce a ban on same-sex marriage across the state. Kamala Harris, the country’s best looking AG, approves. [BuzzFeed]
* The Chapman School of Law will change its name after receiving the second-largest donation ever made to a law school. N.B. The donor isn’t a law school graduate, which certainly explains why he has cash to spare. [National Law Journal]
* Keep ya head up: Legendary lawyer Roger Rosen, whose clients range from O.J. Simpson to Phil Spector, will hang up his shingle to avoid prosecution for leaking info to Tupac’s killers. [New York Post]
* Just think, if the judge in Paula Deen’s case had permitted counsel to stay discovery, perhaps the celebrity chef wouldn’t have been able to serve up a slice of her piping hot racism casserole. [Daily Report]
When it comes to the deposition process, it can get painfully boring for everyone involved. That’s why we love it when deponents spice things up by telling attorneys to “suck [their] dick,” or by accusing counsel of asking “stupid-ass questions.”
Sometimes, even the lawyers get involved in the fun, by drawing pictures of male genitalia or asking probing questions like, “So, your jurisprudential hymen is being ruptured?” We thought that we’d seen it all when it came to deposition antics, but it seems that we were incredibly mistaken.
Has a naked man ever interrupted one of your depositions?
Place eight metric tons of butter in large mixing bowl.
Add 16 kilos of salt.
Mix in buttermilk, meat product, and two eggs.
Fry in LOW FAT cooking oil.
Inject directly into carotid artery.
Serves one baby.
– Every Paula Deen recipe ever.
By now, many of you have heard about Paula Deen’s ridiculous deposition, in which she basically admitted that she’s a horrible racist who thinks slavery was funny. But since she made a career off of being a random woman who cooks like she thinks heart disease is funny, I already have a hard time taking anything she says seriously enough to be outraged by it.
So, how about this, I won’t act like Paula Deen’s views on a “perfect Southern wedding” speak for all Southerners, and Southerners won’t feel the need to reflexively defend the offensive and racist views of Paula Deen. It’s one thing to live in the South and like butter. It’s another thing to wish for a “bevy of tap dancing little n***ers” at your brother’s Southern wedding….
Sometimes, we care about questions. Sometimes, we care about answers. Sometimes, we care about both.
When you’re reporting on a situation, remember that.
I see many, many interview reports that unnecessarily include questions when the reader cares only about answers. If you’re interviewing a witness, and the witness lived the facts (and you personally know bupkis), then we really don’t care about your questions; we care only about the witness’ answers.
So, when you’re reporting on your interview of the witness, do not assign an abbreviation to your name (Mark Herrmann, hereinafter MH), an abbreviation to the witness’s name (The Witness, hereinafter TW), and then report on your questions as though they mattered:
“MH asked . . . . TW responded . . . . MH followed up by asking . . . .”
We care only about the facts — which the witness knows, and you do not — so report only the facts:
“According to the witness . . . .” Your name should appear no more than once in the entire report, so we know who conducted the interview.
That’s a situation where we care only about answers. But there are other situations where we care only about questions . . . .
* The National Labor Relations Board, now with fewer recess appointments! Partners from Arent Fox and Morgan Lewis were nominated to fill seats necessary for the board’s quorum. [National Law Journal]
* Shearman & Sterling seems to be bucking the Biglaw system. The firm is cutting pay for high earners and increasing it for lower-ranking attorneys. We’ll probably have more on this later today. [Reuters]
* Dentons (formerly known as SNR Denton) recently poached a six-partner team led by Stephen Hill from Husch Blackwell to bolster its white collar practice. Welkom too teh furm, guise! [Am Law Daily]
* “It is technically more legal to screw a walrus than to get gay married.” You know you live in a very sad place when not only do article headlines like this exist, but they’re also CORRECT. [Death and Taxes]
* An American Eagle pilot is facing attempted drunk flying charges. Yes, that’s a thing, but come on now, anyone who’s seen the movie Flight knows you can fly a plane while you’re wasted. [Bloomberg]
* Lindsay Lohan blew off a deposition in Los Angeles yesterday. Cut the girl some slack; she had to appear on the Late Show with David Letterman, which was way more important. [Contra Costa Times]
Back in September, we declared that Lil Wayne was the best celebrity deponent of all time, but now we may have to take back that title and hand it over to Lady Gaga, who recently proved herself to be a gigantic bitch on the record in sworn deposition testimony.
In case you were unaware, Lady Gaga is the queen of all things fabulous. She can get away with wearing things — like dresses made entirely of meat, plastic bubbles, and Kermit the Frogs — that not even Madonna would consider. Her little minions monsters span the globe, and will jump to defend her highness at a moment’s notice. Her lyrics are powerful and awe-inspiring, and she’s a major proponent of gay rights, worldwide.
And last, but certainly not least, she’s a true New Yorker, as is evidenced by the f**k-laden deposition transcript that the New York Post got its grubby little hands on….
I later found out that during this whole period of time… when I was being romanced by Citibank, that they had reason to believe — in fact, they knew — that Howrey was in default of material covenants, and they didn’t tell me that.
– Stephen O’Neal, a former partner of Howrey LLP, in a deposition in his pending litigation against Citibank. O’Neal and another former Howrey partner, David Buoncristiani, allege that Citibank committed fraud by encouraging them to finance their capital contributions with Citi, claiming that Howrey was financially sound when the bank knew Howrey wasn’t.
It’s the last day of December, so it’s a good time to look back on the year that was. We’ll do what we’ve done for the past three years (wrap-up posts from 2009, 2010, and 2011 can be found here, here, and here) and identify the ten biggest stories of the past year as decided by you, our readers. With the help of Google Analytics, we’ve compiled a list of our top ten posts for 2012, based on traffic (as represented by pageviews).
By the way, for the third year in a row, the most popular category page on Above the Law was Law Schools. People have now been intensely focused on the declining value proposition of going to law school for as long as it takes to earn a Juris Doctor degree. Isn’t it time that we graduate from the current educational model?
The second and third most-popular categories on ATL in 2012 were Biglaw and Bonuses. Although this year brought us the largest law firm failure ever, nearly all other firms indiscriminately doled out offers to summer associates, and bonus season looked better for the first time in years. While the legal profession is still in transition, things are certainly looking up, and through the highs and the lows, we’ve been there to cover it all.
So what were the ten most popular individual posts at Above the Law in 2012? Let’s find out….
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.