My years as a prosecutor were an extraordinary education in the negative capacity of humanity. You’re like a proctologist — looking at human beings through the wrong end.
– Scott Turow — former federal prosecutor, current Dentons partner, and critically acclaimed, bestselling novelist — at an interesting panel at this past weekend’s New Yorker Festival. The panel, moderated by Jeffrey Toobin, focused on writing about murder. Turow’s latest novel, Identical (affiliate link), is about a re-investigation of a murder many years after the fact.
We all dream of a world in which collegiality matters.
Partners at law firms are . . . well . . . partners. They look out for each other. They build each other’s practices. They work for the common good.
Perhaps that firm exists. I wouldn’t know.
From my perch here — as the guy who left a Biglaw partnership for an in-house job, and on whose shoulder other Biglaw partners now routinely cry — the view is pretty ugly. (Perhaps my perspective is distorted because of an obvious bias: Partners happy with their firms don’t come wailing to me.) What I hear these days is grim: Guys are being de-equitized or made of counsel; they think they’re being underpaid; they’re concerned that they’ll be thrown under the bus if they ever lose a step.
Several recent partners’ laments prompted me to think about something that I’d never considered when I worked at a firm. (Maybe that’s because I’m one of those guys who was perfectly happy laboring for the common good. Or maybe it’s because I’m a moron.)
In any event, here’s today’s question: I want to wrestle effectively with my own law firm. I don’t want to be nasty; I just want to be sure that I have implicit power when I negotiate with the firm. I want the firm — of its own accord, without me saying a word — to treat me right. How do I wrestle my own law firm to the ground? How do I pin my partners?
Former White House press secretary and gun regulation activist James Brady died last week. The coroner has apparently ruled Brady’s death a homicide. Nothing new happened, the coroner is simply saying that the bullet to the head that Brady took 33 years ago killed him. As murders go, this was an extremely long-tailed killing. Crim law professors of the world rejoice: life just delivered your next issue spotter.
But can a death three decades after a shooting open the door to a murder prosecution?
I’m a technology geek. I’m cognizant of the argument that a not entirely thought-out prosecution could lead to the suppression of ideas and technology, and I have no desire to do that.
– Wesley Hsu, chief of the cybercrime unit at the U.S. Attorney’s Office in Los Angeles, explaining his approach to prosecuting cases. You can check out Kashmir Hill’s interesting profile of Hsu over at Forbes.
* U.S. Attorney Preet Bharara wants to know more about why Governor Andrew Cuomo shut down an anticorruption commission. [New York Times]
* The ABA weighs in on the “unfinished business” controversy affecting bankrupt law firms, their lawyers, and their clients. [WSJ Law Blog]
* Better late than never: students and professors at UC Davis Law are pushing for the posthumous admission to the California bar of Hong Yeng Chang, who was denied a law license in 1890 solely because of his Chinese heritage. [Associated Press; South China Morning Post]
* Speaking of late, a robber sent to prison 13 years late because of a clerical error just got released. [ABA Journal]
For starters, there are the emails laid out by the SEC in its complaint, such as:
“I don’t see how we’ll get past the auditors another year.”
“I assume you [k]new this but just in case. Can you find another clueless auditor for next year?”
“I don’t know anything about [the contracts] and I don’t want to cook the books anymore. We need to stop doing that.”
“I don’t know. He’s starting to wig a little. Maybe he’s hearing and seeing too much . . . .”
Sadly for people and happily for prosecutors, regrettable emails are simply a fact of modern electronic life. Still, “I don’t want to cook the books anymore” has to be pretty high on the list of things that one is likely to regret putting in an email.
The first rule of state court is: you do not talk about state court.
* Foreclosure attorney Bruce Richardson alleges that Hogan Lovells partner David Dunn hit him with a briefcase in front of a court officer. That’s how they roll in state court. (Expect more on this later.) [New York Daily News; New York Post]
* From cop killer to nomination killer: Mumia’s the word that stopped Debo Adegbile’s nomination to lead the Justice Department’s Civil Rights Division. [Washington Post]
* In happier nomination news, congratulations to former Breyer clerk Vince Chhabria, as well as to Beth Freeman and James Donato, on getting confirmed to the federal bench for the Northern District of California. [San Francisco Chronicle]
David Boies: just one great lawyer among many at Boies Schiller.
What comes to mind at the mention of Boies, Schiller & Flexner? Perhaps the legendary named partners — David Boies, Jonathan Schiller, and Donald Flexner — or perhaps the legendary bonuses, which last year went as high as $300,000.
But there’s much more to the firm than that. Even though BSF is most famous for its litigation work, it has a sizable and well-regarded corporate practice, for example. And even though its biggest presence is in the state of New York, with offices in Albany, Armonk, and New York City, the firm has several other outposts — including a growing and high-powered presence in Washington, D.C.
Boies Schiller has been adding some impressive new talent to its D.C. outpost. Last week, the firm welcomed a leading litigatrix. Let’s learn more about her, shall we?
Jiminy jillickers! ATL editors are going all over the place over the next month or so. Or at least all over the Eastern Seaboard. If we aren’t heading to your neck of the woods on these trips, never fear, we may hit you up on the next time around. We’ve already hit up Houston, Chicago, Seattle, San Francisco, and Los Angeles in the past year.
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.
However, with these new powers come new pain points. InvestorID FirmTM provides a secure, fully hosted, cloud-based platform with a breadth of tools for your clients, including: