Email Scandals

* In November, Supreme Court justices engaged in the “totally unnecessary” practice of releasing 41 pages of nondecision opinions. In all fairness, we can’t really blame them for enjoying hearing themselves speak. [National Law Journal]

* These D.C. Circuit judges of differing political viewpoints “disagreed less than 3 percent of the time” over the course of two decades. Please, keep arguing about the court’s “ideological balance.” You’re accomplishing lots. [New York Times]

* With more tie-ups than ever before and another record broken, 2013 is officially the year of full-blown law firm merger mania. Query how many more we’ll be able to add to the already huge list of 78 by the end of December. [Am Law Daily]

* Speaking of which, Baker Hostetler is merging with Woodcock Washburn, an intellectual property firm with a name that sounds like the aftercare instructions for a painful sex toy injury. [Philadelphia Inquirer]

* Of course a fired ADA’s scandalous emails landed on BuzzFeed. This is one more embarrassing chapter in the Brooklyn District Attorney’s Office’s terrible, horrible, no good, very bad year. [New York Times]

* It’s amazing how things can change in a year. In 2012, New York bar pass rates for in-state schools fell. In 2013, they’re up — except for one school, which is way down. Which one? [New York Law Journal]

Dewey & LeBoeuf: gone but not forgotten.

We recently learned that Justice Antonin Scalia is not a fan of women cursing. What would he make of partners at a leading law firm cursing?

And not just garden-variety cursing, but rather colorful deployment of highly profane language. As Hamilton Nolan of Gawker puts it, “The biggest law firm collapse in history began with ‘f**kwad’ emails.”

Which former Dewey & LeBoeuf partner referred to various former partners as “pathetic,” “little prick,” and “f**kwad”? Let’s take a look at James Stewart’s New Yorker magazine article on what caused Dewey’s demise….

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Have you ever sent an email to the wrong person? I remember sending co-defendant’s counsel a random musing about my office because Microsoft Exchange autocompleted the address to the name partner I was working with rather than the associate sitting down the hall with the same first name. Thankfully, my musing was not damaging or uniquely embarrassing.

The same cannot be said of this lawyer. After a state supreme court heard oral argument on his case, he wrote the lawyers who argued the case and questioned the wisdom of the jurists.

But, of course, he also sent it to the court’s chief justice….

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I think that if they really wanted to do this, [the Technology Oversight Group should have said,] “We’ll buy you guys an iPad. . . . It’s less than my billable rate for one hour.”

– An anonymous associate commenting on King & Spalding’s policy of blocking access to personal email accounts on firm computers, which has now been in effect for several months. The firm ranked 125th out of 134 Biglaw firms in the latest American Lawyer Associate Tech Survey, part of the magazine’s midlevel survey measuring associate satisfaction.

Juan Monteverde and Alexandra Marchuk

In our last story about Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, we noted the acrimonious nature of the dispute: “The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.”

When we last checked in on the case, Marchuk’s lawyers announced their intent to seek sanctions against the defendants. The basis for that move: the defendants’ counterclaims against Marchuk, alleging that she defamed the defendants by creating or helping to create an anonymous Gmail account that was used to disseminate her lawsuit over email. Marchuk’s lawyers denied that their client emailed her complaint around and said that they would seek sanctions from the defendants for the “frivolous and abusive” counterclaims — which sought a whopping $15 million from Marchuk.

Until now, the stakes have only gotten higher and higher. But today brings word of a possible de-escalation in this hard-fought battle….

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Juan Monteverde and Alexandra Marchuk

Many discrimination cases brought against law firms end in quiet settlements. But I suspect that Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, could go the distance and make it to trial.

Why? The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.

Consider the latest move in the case, a declaration of intent to seek sanctions….

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Were you part of that email catastrophe this past Friday? It seems that the American Bar Association added the world to one of its email listservs, and the crowd went wild.

No? You weren’t? Here’s what happened.

An email arrived from a 2007 John Marshall Law School graduate (that’s how we’re supposed to refer to lawyers here because when and from where they graduated means everything in the world, right?), via an ABA listserv:

Just as a reminder, the YLD Antitrust Law Committee, the Section’s Joint Conduct Committee and Distribution and Franchising Committee will host a live webinar entitled “Antitrust Fundamentals for Distribution and Franchise Practitioners” this coming Monday, September 9th.

It had one of those typical endings about how to get off the list — email or call the ABA. Or, of course, email the whole list…

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Welcome back, law students!

It’s a brand-new year, full of so much potential for embarrassment. And nothing says “school’s back” more than a classic school-wide email screed.

It only took two days this year, so kudos!

This time it’s a noise complaint blasted to the entire student body. It sounds like the denizens of Mercer Hall #[redacted] had quite the party last night….

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Marni Halasa

* Is Justice Ginsburg, our favorite judicial diva, foiling her own jurisprudential legacy by refusing to retire from the Supreme Court before another president takes office? [Daily Beast]

* Year-over-year, there’s been a double-digit drop in demand for legal services, so now is a great time to start speculating about which firm will be the next to conduct layoffs. [Am Law Daily]

* Don’t despair, the results of the Am Law Midlevel Survey are out, and associates are more satisfied than ever — except for the women. They’re “leaning out,” so to speak. [Am Law Daily]

* New York City (d/b/a Mayor Michael Bloomberg) wants Judge Shira Scheindlin to stay her stop-and-frisk rulings pending appeal, because racial profiling is an effective crime fighting tool. [New York Law Journal]

* If you want to know why law school is three years long instead of two, it’s because back in the day, the T14s of the world were convinced it’d “stop the proles from sullying the image of the bar.” [The Economist]

* In an effort to keep law school deans’ listserv drama and email scandals to a minimum, the American Bar Association just doled out some rules to keep their ivory tower talk in check. [WSJ Law Blog (sub. req.)]

* “[I]f I die because of this, my life will have been worthwhile.” The HSBC whistleblower would face death to talk about the big bank’s money laundering — and to see the lovely Marni Halasa. [Huffington Post]

Juan Monteverde and Alexandra Marchuk

I just finished reading Gone Girl (affiliate link), the riveting and disturbing novel by Gillian Flynn. It brilliantly demonstrates, in a way that lawyers can appreciate, how the exact same set of events can be explained in radically different ways.

Given its focus on fighting, in terms of the war between the sexes and the battle for the truth, Gone Girl was appropriate to read in between the latest filings in Marchuk v. Faruqi & Faruqi. The salacious sexual harassment lawsuit has the entire legal world talking.

Yesterday we wrote about Alexandra Marchuk’s second amended complaint. Now let’s dive into the answer, filed with impressive swiftness after the complaint, which paints a very different picture of events and of the plaintiff….

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