Few things fill a junior associate with more dread than a partner beginning a sentence with the following words: “There must be a case that holds….” Much of the time, there is no such case (especially when the issue concerns some annoying e-discovery dispute that no judge would ever want to write about).
But if a partner says to you, “There must be a case addressing whether an insurance company is liable for accidental death benefits when the decedent accidentally kills himself while engaged in masturbation that involves intentional self-electrocution” — well, now there’s a case that’s on all fours. With an electric cattle prod.
Keep reading, to learn about an ERISA opinion that is very… stimulating….
On Monday, November 16, we attended an interesting talk by Judge Gerard Lynch, formerly of the Southern District of New York and now on the Second Circuit. He spoke before the Regis Bar Association, a group of lawyers and law students who are graduates of our shared alma matter — Regis High School, an all-boys Catholic school run by the Jesuits, located here in New York.
As one would expect from a federal judge, especially one in a high-powered city like NYC, Judge Lynch has an amazing résumé. He graduated first in his class from Regis, first in his class from Columbia College (1972), and first in his class from Columbia Law School (1975). He clerked for Judge Wilfred Feinberg on the Second Circuit, followed by Justice William Brennan on the Supreme Court. Prior to his appointment to the district court in 2000, Judge Lynch was a law professor at Columbia, worked in private practice (at a firm that would later become part of Covington & Burling), and served as an assistant U.S. attorney in the legendary U.S. Attorney’s Office for the Southern District.
In September, Judge Lynch was confirmed to the Second Circuit by a vote of 94-3. He was the first Obama appointee to be confirmed to a circuit court.
Judge Lynch began his remarks to the RBA by discussing his background. He explained that he came from working-class roots and was the first in his family to graduate from college. He also noted that government lawyers and judges don’t make very much money: “As a public servant, first-year associates at large law firms have generally made more than I have,” he observed, before adding: “Thanks to the recession, that’s changed.”
(A federal district judge, which Judge Lynch was until his recent elevation, earns $169,300 a year — a bit above the New York starting salary of $160,000. As a circuit judge, he now earns $179,500. If Judge Lynch were to become Justice Lynch — he is sometimes mentioned on Supreme Court shortlists, although being a 58-year-old white male doesn’t help — he would earn $208,100, as an associate justice. Despite many years earning a government salary, Judge Lynch has done well for himself; his financial disclosures reveal a net worth of $1.6 million, with zero debt.)
Judge Lynch described being a trial judge as “the greatest job you can have.” Find out why, after the jump.
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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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