* How Jamie Dimon (and Stephen Cutler and Rodge Cohen) reached JPMorgan Chase’s tentative $13 billion settlement with Eric Holder and the Department of Justice. [DealBook / New York Times; Wall Street Journal (sub. req.)]
* Congratulations to all the New Jersey couples who got married since midnight, in the wake of the state supreme court’s decision not to stay a lower-court ruling in favor of marriage equality. [Newark Star-Ledger]
* Lawyers aren’t the only folks who know how to overbill; defense contractors do too, according to federal prosecutors who allege that a company provided prostitutes and kickbacks to Navy personnel. [Washington Post via The BLT]
* Judge Oing, this really isn’t that hard. Here’s a draft opinion for you in the long-running litigation between Macy’s and J.C. Penney over the right to sell Martha Stewart merchandise (by James Stewart, no relation to Martha). [New York Times]
* If you’d like to run with the bulls without schlepping to Spain, former lawyers Rob Dickens and Brad Scudder can help. Presumably their legal training helped them draft ironclad waivers. [BuzzFeed]
* TSA lets 9-year-old through without a ticket or adult help. Our security is top-notch in this country. [Lowering the Bar]
* New York attorney Bradley Dizik is the working to save Detroit’s Masonic temple from its financial woes. How screwed is Detroit? Even the international Freemason conspiracy can’t help. [Detroit News]
* Interested in national security — and getting CLE credit? [Lawfare]
* A Georgetown Law student was killed over the weekend. On a personal note, I knew Mark and he was truly great guy and my thoughts go out to his family and friends. [Washington Post]
With the continuing partial government shutdown and the shaky rollout of Obamacare, the issue of health insurance has never been such a central and divisive topic in the national conversation. Surely there are thousands of unemployed or temping JDs who are entering the brave new world of insurance exchanges and its attendant “hiccups.” In a development that perhaps should alarm the lowest-paid support staffers at law firms, some corporations appear poised to drop “bare bones” health-care benefits altogether for low-wage employees in favor of directing such employees to the new state exchanges.
Of course, for the lawyers at firms, such developments concerning the exchanges are essentially an abstract issue. That is not to say that attorney benefits packages are not subject to “new normal” economic pressures, or that the ultimate effect of the Affordable Care Act on private health insurance packages is unknowable. As noted here way back in 2009, some firms have added health care cost clawbacks to their expense-cutting repertoire of layoffs and pay cuts. Many associates have found themselves, post-Recession, with higher premiums and deductibles and thus, a de facto salary cut. Comparing salaries and bonuses across law firms overlooks the element of health insurance costs, about which there is no equivalent transparency. Undoubtedly there are significant variations across firms in this area, and some firms that appear to pay “market” aren’t quite doing so in light of their requiring a larger fraction of health care premiums. These variations inevitably distort direct comparisons.
We’d like to bring some transparency to this topic — but we need your help….
I nearly did not write this post this week. (I’ll pause while some of you wish that ‘nearly’ weren’t a part of that sentence.) I started the week with a mild toothache. By the time I reached my dentist on Tuesday morning, that niggling pain had bloomed into an infection that spread from my tooth to my jaw bone to the soft tissue of my face. Despite oral penicillin (and Vicodin!), I developed a high fever, the left side of my face swelled to grotesque proportions, and my jaw seized shut. I ended up in an ER on IV antibiotics.
While portions of the federal government ground to a halt due to insufficient funds, I held ice packs to my head and prayed quiet prayers about septicemia and the relative impermeability of the blood-brain barrier. Vaguely, in the background, I knew Congress and the president were arguing about health care. About funding the PPACA. Obamacare.
My heart goes out to folks harmed by the federal government shut-down this week. I also agree with those who are dismayed that Capitol Hill can’t reach a consensus sufficient to end the current crisis. It’s their job to find workable agreements, after all. That much, I hope most of us can agree on. Since we’re not here to agree, let’s talk a bit about Obamacare, the source of this week’s trouble in Washington . . . .
Over the last two decades, a dedicated Supreme Court bar has gained prominence, focusing on arguing the increasingly few cases before the justices each term. These lawyers face fierce competition in persuading clients to hire them, participating in a not-so-glamorous competition known in the industry as a “beauty contest.” At these lawyerly pageants, attorneys competing to take the case make their pitch and try to persuade the client that their firm is the best suitor.
In my new book, Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), I go backstage and look at two of the most high-profile beauty contests in Supreme Court history: who would represent (1) the National Federation of Independent Business (NFIB) and (2) twenty-six states in their respective challenges to the constitutionality of Obamacare.
How did these litigants go about choosing their counsel? Which lawyers and law firms got passed over?
A new school year is beginning for millions of U.S. schoolchildren. Most parents of wee ones know that states require a battery of immunizations in order for kids to enroll in public school.
Exemptions were once reserved for a vanishingly tiny minority of religious families whose beliefs prohibit certain kinds of medical treatment. There was nothing trendy or sexy about it. Thanks, however, to a burgeoning anti-vaccine movement and celebrity spokespeople like Jenny McCarthy, the number of families seeking exemptions has grown dramatically in recent years. With this trend, significantly more people have been getting sick, and sometimes dying, from diseases none of us had to worry about a generation ago.
When state laws make it easier for parents to withhold vaccinations from their children, more children get sick. And you might too….
For those who are brilliant (and lucky) enough to get hired, being a law professor is a great job. You get to write and teach about interesting subjects. You get the summers off — yes, we know you have articles to work on, but you have total flexibility about your hours and location. You get to be a public intellectual, writing for newspaper op-ed pages and magazines. And you get paid well, too.
If you have an unusual personality, don’t sweat it. Legal academia is welcomingto sociopaths. And sadists, too.
If you enjoy inflicting pain on others, being a law prof is a great gig. Using the Socratic Method, you get to torture 1Ls — and many of them will eat it up. As a law professor, the winner of multiple teaching awards, once told me, “The students like it when you’re a hard-ass; they like to be challenged.”
Many law students don’t mind verbal victimization, but they’d probably draw the line at physical contact. Which brings us to a high-profile law professor who goes around sticking needles in people….
Many moons ago, around this time of year, I worked as a summer associate at Wachtell Lipton. I enjoyed many a fine meal that summer (although Wachtell’s program is more work-focused and less lunch-focused than many others). One of my favorite occasions was a dinner at Jean-Georges with partner Karen Krueger, her husband, myself, and a girlfriend of mine.
Oh how times have changed. It’s rare to see partners leave the gilded cage of Wachtell Lipton, where annual profits per partner regularly exceed $4 million. But Krueger had the guts to make the jump. She left the practice of law and now works as a nationally certified teacher of the Alexander Technique.
What is the Alexander Technique? If you suffer from pain, perhaps as a result of your stressful law firm job, it could be your salvation. And it might help you with your poker game, too….
Have you ever thought that your law professor was a sadistic bastard? Have you ever felt like the prosecutor across the table was an emotional black hole? Would it freak you out if you turned out to be clinically right?
We’ve talked a lot about mental health recently, from panic buttons to Asperger’s (or autism spectrum disorder, if you prefer). But today we’ve come across a truly chilling article from a law professor who admits that she’s a sociopath and writes about how law is the perfect field for people like her.
I’m turning the snark meter way down on this post because, well, I don’t want to be murdered…
Note the UPDATE at the end of this post concerning the professor’s possible identity.
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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 seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.