Nicor Gas claims that all customers recorded heard a ‘warning’ before being recorded, and ‘consented’ by remaining on the line after the warning was given. But under the law, any consent only gave Nicor Gas a right to record, not to divulge or use the recordings. Any ‘consent’ they got from customers that permitted them to record was for the limited purpose of internal quality assurance – not for divulgence to outside parties, and certainly not for use in public court proceedings
– Adam Levitt, a lawyer with Grant & Eisenhofer, in a class action filed against Nicor Gas, a natural gas distributor in northern Illinois. Nicor had a plan. They were so proud of using their recordings of customers in their defense. Too bad Illinois has an Eavesdropping Act that prohibits that. D’oh!
Ascension to Biglaw partnership demands, obviously and above all, an enormous amount of first-rate legal work, in addition to political savvy, endurance, timing, and luck. A would-be partner’s chosen practice area also undoubtedly plays no small role. If firm leadership believes that there will be a spate of major Chapter 11 filings or trademark litigations on the horizon, obviously that will redound to the benefit of the potential bankruptcy or IP partners (although, as recent news reflects, partnership isn’t necessarily the lucrative, secure lifetime position it once was).
Late last year, ATL took a close look at the newly minted partner classes for the Vault 10 firms. Despite the great profitability and prestige of this select group, it is difficult to draw conclusions about the general direction of the legal market from the composition of these partnership classes. First of all, this is a small sample size. Second, we are witnessing an important shift in the allocation of the business within the market. A recent AdvanceLaw survey of general counsel at major global corporations found that three-quarters of general counsel were inclined to engage “less-pedigreed” firms (e.g., outside the Vault 10 or Magic Circle) for “high stakes” legal work. This survey of GCs (including those from Google, Nike, 3M, Unilever and Deutsche Bank) indicated their willingness to engage firms lower down the Biglaw totem pole.
Because of the apparent diminishment of the brand value of the most historically prestigious firms, as well as the broader trends toward disaggregation and unbundling of legal services, one must account for a larger set of law firms in order to see the fullest picture of the market for high-end legal services. With that in mind, today we look at the practice areas of the entire Biglaw partnership class of 2013….
* Another lawyer is going on The Bachelor! This time it’s Andi (pictured), a Wake Forest Law grad who is described as a federal prosecutor (though other sources say she works at the district attorney’s office). She says she got a murder conviction in 8 minutes, which is impressive for someone who graduated last year. Like, hard-to-believe impressive. Well, now she’ll be trading in all that self-respect for roses and 15 minutes of reality TV fame. [Huffington Post]
* The law of underground trespassing — when drilling sends contaminants into neighboring land. “I poison your milkshake. I poison it up!” [Breaking Energy]
* At least a couple readers have had a bad exam experience already this term. Here’s how to deal with it. The advice is pretty good except for advising you to avoid alcohol. Alcohol is always the answer. [Law School Toolbox]
* It’s time to start making moves to improve your long-term quality of life. [Law and More]
* Kevin Underhill of Lowering the Bar has a new book about all the stupid laws on the books out there. It’s called The Emergency Sasquatch Ordinance. [Lowering the Bar]
* When you hear about the similarities between Obamacare and the Heritage Foundation plan from the old days, recognize you’re getting spun. [Lawyers, Guns & Money]
* Trying to balance out religious symbols in public spaces for the holidays is dumb. All you need is the Festivus pole. Lest you forget the story of Festivus, there’s a video embedded beyond the jump…. [PrawfsBlawg]
There were things that I did in Ecuador in the foreign legal system that were I felt appropriate for the foreign legal system based on what I observed as an American lawyer. And there are things down there that, no, would not be appropriate here.
* The shutdown has shuttered the Nuclear Regulatory Commission. I’m not really comfortable living without those regulators. [Breaking Energy]
* Don’t bother Goldman Sachs’s general counsel with your silly little questions. [Dealbreaker]
* The decisions you make in your twenties are rarely life-threatening. So get out there and make some atrocious life-decisions, kids! [Legal Cheek]
* Lawyer sent to prison for plotting to help a client hide jewels. That sounds way dirtier than it is. [ABA Journal]
* In scary news, Adrian Peterson’s 2-year-old son was brutally beaten. [TMZ]
* In case you missed our round-up, here are ten more highlights from a recent interview with Justice Scalia. He’s apparently a big Duck Dynasty fan, which explains a lot. Video embedded after the jump… [Bloomberg Law via YouTube]
* A lawyer fresh out of law school botched a domestic violence case by gushing all over Tom Hanks… who was serving as a juror. Which, in fairness, was awfully Big of him. [TMZ]
* Federal prosecutors are seeking at least 27 years in prison for a Massachusetts man who authorities say plotted to kill and eat his children based on a search of his home and car, which is presumably a Saturn. As one law professor observed, “Perhaps the lawyer will make a free exercise argument and claim that eating children is a requirement of his religion.” [CNN]
* If you’re going to drink and drive, be sure to toss a few back with the judge first. [KVUE]
* A criminal defense lawyer who begins every cross by making the cop look more humane and respectable. I thought the public defender from My Cousin Vinny was the lowest criminal defense could go in the comical incompetence department. [Katz Justice]
* Putin crony claims 100 percent of profits in a “public” oil company by flat ignoring minority shareholders. Shhhh! Stop giving Exxon ideas. [Breaking Energy]
* Elizabeth Wurtzel knows music (a subject she covered for the New Yorker for New York Magazine). In this article, she writes about The Replacements (something Wurtzel has made her past employers, including Boies Schiller, become familiar with). [The Daily Beast]
* On Monday, the American Constitution Society will host a preview of the upcoming Supreme Court session. Panelists include Pamela Harris, Randy Barnett, Joshua Civin, Andrew Pincus, and David Strauss. [American Constitution Society]
* The Mars Curiosity rover played “Happy Birthday to You” to itself on the first anniversary of its landing on the Red Planet. It takes about 13 minutes for transmissions from Mars to reach the Earth. Time Warner sued NASA 14 minutes after Curiosity’s performance. [io9]
* Fans of the Colorado Rockies… fans? Huh, okay! Anyway, the case posits that Rockies ticket holders should be allowed to sell them on the secondary market. If they can’t unload Rockies tickets, they may be forced to watch a team 11 games out of first place flounder. [Forbes]
* Paul Rampell, Donald Trump’s lawyer, advocates for replacing marriages with leases with defined terms. It gives new meaning to “trading in for a new model.” The thrice married Trump nods approvingly. [Washington Post]
* The Rumpus interviews Dean Frank H. Wu of UC Hastings. Turns out he’s writing “a bad trashy novel.” So it probably won’t make the 25 Greatest Law Novels ever list. But then again, they put The Fountainhead on that list, so don’t give up hope, Dean Wu! [The Rumpus]
* Poetry Corner: Kenneth Branagh Prepares Evidence For Trial. So long as he’s not preparing to direct another awful Thor movie, I’m fine. [Poetic Justice]
* Just what do Americans even want from an energy policy? That Cuisinart fusion reactor from Back to the Future, that’s what. [Breaking Energy]
* A defendant called a judge “Hon,” and it did not go well. I wonder what Judge Montes gets called at the club? [Sun Sentinel]
* Anthony Weiner once explained that he was “inspired” by a book about a lawyer who wants to cheat on his wife. Indeed. [BuzzFeed]
* The hottest barristers in London. Meh. Holding out for the hottest solicitors countdown. [Legal Cheek]
* A lawyer should get suspended for smuggling stuff out of prison for a client. But shouldn’t the punishment be a tad more severe for smuggling a HIT LIST out of prison for a client? [Mercury News]
* The Ten Competencies that law schools should teach. I’d add “understanding how to order from Seamless at 4AM,” but otherwise it’s a solid list. [Associate's Mind]
* Penn State has approved a $60 million settlement in the Sandusky cases. Which is less than the football program makes in a year. [Deadspin]
* Apparently, the laws and other conditions surrounding America’s oil industry make it only the fifth friendliest place to extract petroleum in the world. Thanks a bunch you granola-eating socialists. [Breaking Energy]
* Ed O’Bannon asks the NCAA to agree in writing not to retaliate against any current athlete that joins his lawsuit against the organization. How sad is it that a non-profit organization committed to helping students needs to be reminded not to retaliate against students? In other news, NCAA Football 14 (affiliate link) came out today. [USA Today]
* More SCOTUS Term analysis. Tom Goldstein, Adam Liptak, and Jess Bravin have been invited to explain to the Heritage Foundation what an awesome term it had. [Heritage]
* The Shelby County decision completely lacks any foundation for the argument that the Voting Rights Act violates the Constitution. Yeah, but besides that… [Lawyers, Guns & Money]
* What is wrong with soccer fans? Referee stabs player and then ends up like Ned Stark. [Legal Juice]
A deadly explosion killed eight people and destroyed 38 homes in San Bruno, California on September 9, 2010. The cause of the destruction was a natural gas pipeline owned by Pacific Gas & Electric that ran underneath the homes.
The subsequent investigation turned up a litany of failings on PG&E’s part that contributed to the explosion. PG&E’s regulator, the California Public Utilities Commission, issued a recommendation that PG&E pay no fine, noting that the money the company was spending to modernize its pipelines to prevent future accidents was punishment enough.
This is when a number of CPUC attorneys took a stand against their boss, and their boss clumsily aired the office turmoil in public. And, yes, this all eventually involves the Taliban and a gun-toting enforcer…
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.
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…