It must be every billionaire wine connoisseur’s dream to own a few bottles from the cellars of the man who drafted the Declaration of Independence. The taste of the prestige must be simply delightful. But after paying $311,804 for four bottles of wine that may have been counterfeit, even the richest of men would probably be left with the awful taste of sour grapes.
This is what allegedly happened to William Koch, brother to the controversially conservative Charles and David Koch, when he discovered that the wine he purchased from Thomas Jefferson’s cache in France may have been bogus. Because when you’re worth $4 billion, it must be embarrassing to file suit over a mere pittance. But that’s exactly what this wine aficionado did; no one fools a Koch brother and gets away with it.
Alas, it seems that Koch’s claim aged more like milk than fine wine, and the Second Circuit had the unfortunate task of telling him….
* “This case has nothing to do with the United States.” We’d normally let that slide because of this law from 1789, but now the Supreme Court is suddenly skeptical about the validity of the Alien Tort Claims Act. [Reuters]
* “Why are we being punished for Dewey & LeBoeuf?” Come to think of it, former employees at the failed firm are probably wondering the exact same thing as the fictional characters on “The Good Wife.” [WSJ Law Blog]
* Reduce, reuse, and recycle your claims? New York Attorney General Eric Schneiderman filed suit against JPMorgan, alleging that the bank’s Bear Sterns business defrauded mortgage-bond investors. [Bloomberg]
* A man of many firsts: Randall Eng, the first Asian judge in the state, was appointed to lead New York’s Second Department as presiding justice, the first Asian-American to serve in the position. [New York Law Journal]
* Why shouldn’t you get a dual JD/MBA? Because hiding out in school for another year isn’t going to save you from all of the extra debt you’ve incurred earning yet another degree. [Law Admissions Lowdown / U.S. News]
In a time when many law firms are relatively less stable than their employees would like, it’s definitely not good to hear about a Biglaw executive allegedly defrauding his firm out of hundreds of thousands of dollars.
But such is the world we live in. So let’s get to it: which former executive at Chicago-based Mayer Brown is facing pretty egregious fraud charges?
* Dewey know how much it costs to keep this failed firm on life support while its remaining partners try to collect D&L’s unpaid bills? A little more than $2M a month, according to the latest reports. [WSJ Law Blog]
* Former Missouri senators — including two Am Law 200 partners — are asking begging Rep. Todd Akin to step aside so the Republicans’ chances of securing the Senate seat aren’t legitimately raped. [Am Law Daily]
* Howrey going to explain this one to the judge? The defunct firm is blaming a deadly forklift accident at a document-storage warehouse for hindering its wind-down process. [Bankruptcy Beat / Wall Street Journal]
* “No matter what they said, it’s not material? Is that what you’re alleging?” It figures that a Skadden partner argued that employment statistics were irrelevant in the fraud class action suit against Brooklyn Law School, but at least the judge attempted to set him straight. [National Law Journal]
* Alaska is suing to overturn federal oversight of its elections, because the portions of the VRA aimed at protecting African Americans aren’t applicable if you can see Russia from your house. [Chicago Tribune]
* An official at ICE is suing because his boss, a woman, allegedly “created a frat house-type atmosphere that is targeted to humiliate and intimidate male employees.” Pledging totally sucks, bro. [New York Times]
* Psst, we think we know what Victoria’s secret is, and she’s no angel. According to police, she’s got a very bad temper, and if you deny her money for booze, she may strangle you to death with her bra. [Daily Mail]
* Speaking on the condition of anonymity, one Supreme Court justice thinks that things will be back to normal at One First Street come the start of the next term, despite his colleagues’ loose lips. [National Law Journal]
* Hourly billing rates for associate are on the rise nationwide, while partner and counsel billing rates only saw modest bumps. Is Biglaw back in business, or is this just another “retention strategy”? [New York Law Journal]
* This is a really hard to believe newspaper headline: “Law firm recognizes employees have life outside of work.” Carlton Fields, what kind of gypsy voodoo magic spells are you casting? [South Florida Sun-Sentinel]
* Another day, another editorial about the “irretrievably broken” state of legal education in our country. But the ABA admins needn’t worry their oblivious little heads, because people will keep applying. [New York Times]
* And in today’s disturbing law school debtor news, Jason Bohn’s charge was upgraded to first-degree murder after a DA announced via indictment that Bohn allegedly intended to torture his victim. [New York Post]
* “Quite frankly, these are the actions of a dirty old man.” You can look, but never lick: it’s not really a good thing when a judge uses a sentence like this to describe an attorney’s alleged client relations skills. [CBS News]
* For it’s one, two, three strikes you’re out at the old ball fraud game. Lenny Dykstra pleaded guilty to bankruptcy fraud among a potpourri of other felony counts, and he’ll now face up to 20 years in prison. [CNN]
* Dewey know how many professional firms have been allowed to stay on as advisers for the largest law firm bankruptcy in U.S. history? Six out of nine firms were permitted to continue services, but Proskauer wasn’t one of them. [Am Law Daily (sub. req.)]
* In other defunct firm news, Al Togut will be presenting Dewey & LeBoeuf’s former partners with a proposed settlement on Wednesday. You’ve been warned: prepare yourselves for some Biglaw-style bitching. [Thomson Reuters News & Insight]
* Despite reports of the billable hour going the way of the dodo bird, it looks like they’re here to stay. Right now, corporate law departments are still much more excited about alternative billing arrangements than law firms. [WSJ Law Blog]
* Judge Sam Sparks, the King of Benchslaps, dismissed Lance Armstrong’s lawsuit against the USADA in record time. That ruling came too quickly — guess it’s time to investigate judicial doping. [New York Times]
* Marc Dreier’s son, Spencer Dreier, is representing himself pro se in a defamation suit against his former college roommate. Looks like Daddy couldn’t spring for his kid’s lawyer while he was in the clink. [Bloomberg]
* A California woman claims that the Food and Drug Administration’s methods regarding sperm donations are unconstitutional. Why should she have to go to an intermediary to get sperminated? [Huffington Post]
* Do you smell what The Rock is cooking? It’s not exactly something to be proud of. Actor Dwayne Johnson is listed as a “co-conspirator” in a $1.8M fraud lawsuit that’s been filed by a South Florida family. [NBC Miami]
Ever since white people arrived on this continent, we have been no end of trouble for Native Americans. You would think that after a certain point, Caucasians would give them a break. You know, after basically destroying their entire race and civilization.
But no, whitey still can’t even leave Native Americans alone to their casinos and endemic alcoholism. Which brings us to today’s Lawyers of the Day.
Which attorneys are being accused by a Florida tribe of a “secret and sophisticated scheme” to get rich off exorbitant and extraneous legal fees?
Here at Above the Law, we realize that we sometimes sound like broken records. We’re constantly bemoaning the casualties of the student loan industry, blaming law schools for preying upon poor, innocent, and financially inexperienced law students.
But at some point, there comes a time when we’ve got to stop defending law students when they make incredibly irresponsible financial decisions. Sometimes, we’ve really got to wonder: how can people be so dense? Simply put, it’s because they’re law students.
Case in point: kids at a D.C. metro-area school recently fell victim to a scam that wasn’t perpetrated by their law school, but instead, by an alleged law student whose sob story sounded just like a Sally Struthers commercial….
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at firstname.lastname@example.org in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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