Hedge Funds / Private Equity

Mathew Martoma

This afternoon, here in Manhattan, a jury found former SAC Capital portfolio manager Mathew Martoma guilty of insider trading. The verdict wasn’t a shock, given the strong evidence against Martoma and the fact that another former SAC trader, Michael Steinberg, got convicted in December on weaker evidence.

The trial involved a number of boldface names of the legal profession. The office of U.S. Attorney Preet Bharara (S.D.N.Y.), one of our 2013 Lawyer of the Year nominees, was represented by assistant U.S. attorney Arlo Devlin-Brown, one of the office’s most prominent prosecutors (and a star of the college debate circuit, for those of you who used to do debate). Martoma was defended by a team from Goodwin Procter that included Richard Strassberg, an S.D.N.Y. alumnus, and Roberto Braceras, another former federal prosecutor — and the son-in-law of Judge José Cabranes. The prosecution’s lead witness, Dr. Sidney Gilman, was represented by Bracewell & Giuliani’s Marc L. Mukasey — son of former S.D.N.Y. judge and U.S. Attorney General Michael Mukasey.

And some of our readers might know Mathew Martoma. He was a student at Harvard Law School back in the 90s, before he got expelled for fabricating his transcript while applying for clerkships.

Here are some notable numbers relating to the Mathew Martoma mess:

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It’s Harvard Law School’s world, and the rest of us are just living in it.

1999: ARLO DEVLIN-BROWN writes that you never know where you’ll run into a classmate. He is prosecuting MATHEW MARTOMA (née Ajai Mathew Thomas) on insider trading charges in Lower Manhattan. Devlin-Brown has asked U.S. District Judge Paul Gardephe (unfortunately Penn ’79, Columbia ’82) for permission to talk about Matt’s expulsion from Harvard for doctoring his transcript, so get ready for fireworks! The trial is expected to last several weeks, so for anyone who missed WILLIAM PULLMAN and Lisa Frank’s (Yale ’03, NYU Law ’08, NYU Stern ’08) Christmas Eve nuptials, it would be a great opportunity for a mini-reunion!

That is Bess Levin’s imagined entry for the next edition of Harvard Law School alumni news, offered over at our sister site Dealbreaker. It’s based on a New York Times piece marveling at the many HLS folks involved in this major insider trading trial (which also include Martoma’s lawyer, Richard Strassberg of Goodwin Procter, and Lorin Reisner, chief of the criminal division of the U.S. Attorney’s Office).

A takeaway from the Martoma matter: HLS students are the best! At forgery and fraud, that is.

Years before he allegedly cheated on Wall Street, Mathew Martoma, then known as “Ajai Mathew Thomas,” cheated at Harvard Law School by fabricating his transcript when applying for clerkships. It was a sophisticated effort that fooled multiple jurists. Which D.C. Circuit judges came thisclose to hiring him as a law clerk?

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* “Some discrimination’s okay. It’s only certain kinds that aren’t good.” We’ve got a feeling we know which side the Supreme Court will come out on when it comes to the Mount Holly Gardens case in New Jersey, so fare thee well, Fair Housing Act. [MSNBC]

* Hallelujah! After last month’s miraculous news of this troubled firm finding a savior in Cooley LLP, the Left-Behinders of the Dow Lohnes partnership ranks are counting their blessings as they slowly but surely find new homes elsewhere. [Am Law Daily]

* After a political process that’s lasted for ages, now all that’s needed is the governor’s signature, and then Illinois will become the 15th state to officially have legalized same-sex marriage. Hooray! [New York Times]

* Lawyers for accused Boston Marathon bomber Dzhokhar Tsarnaev are annoyed that access to their client has been limited by jailhouse rules. A judge will slap down their motion next week. [National Law Journal]

* Bring it on: To keep things “simple,” prosecutors have dropped two felony charges against Kent Easter, the lawyer who allegedly planted drugs on a PTA volunteer at his son’s school. [Navelgazing / OC Weekly]

* What does SAC Capital’s $1.2 billion settlement with the government mean for the hedge fund industry? [DealBook / New York Times]


Welcome to today’s episode of everyone’s favorite Biglaw drama, As The Weil Turns. Today brings word of another Weil coming off the wagon — specifically, another partner defection.

And no, it’s not in Texas, where Weil Gotshal’s offices — which have lost about 15 partners in the past few weeks — are starting to feel as besieged as the Alamo. It’s up here in the northeast, closer to WGM’s headquarters in New York.

Who is leaving which Weil office?

(Please note the UPDATES added below regarding where this partner is going.)

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If the Houston office of Weil Gotshal & Manges ends up shutting down in the wake of the recent partner defections, management in New York might not shed a tear. In fact, it might have been part of their master plan.

As one Weil source told us, the Houston litigation defections were “not a surprise,” since the June layoffs “took away all but one assistant and all of the associates. The associates that were allowed to stay were switched to contract positions and have since left. Basically, it was an elimination by New York of the Houston group from the bottom up.”

Dallas, however, is a different story. It’s more of a standalone office, with a more diversified mix of practices, and it makes a bigger contribution to the firm’s bottom line.

But the latest partner departures do raise serious questions about its future. Which Dallas partners just left, and where are they going?

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Reasonable minds can disagree on how to reform law school, but here’s one thing that almost everyone can agree upon: the tuition is too darn high. In an ideal world, legal education would be much more affordable. Not everyone has wealthy parents who insist on paying for college and graduate school.

Alas, we’re probably not going to see major change on that front anytime soon. As long as the federal government keeps the loan money flowing, law schools have little incentive to lower tuition.

So, at least for now, we’ll have to settle for more modest measures at controlling cost. For example, law schools can and should devote greater resources to scholarships, which lower the effective price tag of a J.D. degree.

One leading law school just received a gigantic gift — which it’s putting towards scholarships, to its credit. Which law school is on the receiving end of this largesse, and how much is it getting?

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One hopes “black edge” wasn’t on the list. Anyway, today’s indictment against SAC, for wire fraud and securities fraud, is something to behold:

“For example, on or about July 29, 2009, a recently hired SAC PM (the ‘New PM’) sent an instant message to [Steve Cohen] and relayed that, due to some ‘recent research,’ the New PM planned to short Nokia when he started work 10 days later. The New PM apologized for being ‘cryptic’ but noted that the head of SAC compliance ‘was giving me Rules 101 yesterday – so I won’t be saying much[.] [T]oo scary.'”

Possibly the weirdest part here is that new hires got compliance lectures two weeks before they showed up at the firm? But maybe not; the DOJ takes a pretty dim view of SAC’s hiring process generally, and if you believe the DOJ that SAC’s main hiring criterion was “is good at insider trading,” then you could imagine the need for a little pre-start-date warning in email etiquette:

Continue reading over at DealBreaker….

Raj Rajaratnam

Rajaratnam’s arguments are not persuasive.

– Judge José A. Cabranes, writing for a three-judge panel of the Second Circuit in upholding the insider trading convictions of former hedge fund manager Raj Rajaratnam. On appeal, Rajaratnam unsuccessfully argued that federal prosecutors obtained a wiretap warrant with a “reckless disregard for the truth.” Rajaratnam will serve the remainder of his 11-year sentence.

(If you’re interested, continue reading for the Second Circuit’s opinion.)

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Ted Ullyot

* Given the name and origins of the Tea Party movement, it actually makes perfect sense that their groups got grief from the IRS. [Washington Post]

* Wachtell Lipton weighs in against the practice of shareholder activists offering special compensation to director nominees. [Dealbook / New York Times]

* A law professor, Joshua Silverstein, argues that schools should embrace grade inflation. (But haven’t most of them done this already?) [WSJ Law Blog]

* Facebook shareholders might not “like” this news, but Ted Ullyot plans to step down as general counsel after about five years. We’ll have more on this later. [Corporate Counsel]

* The Brooklyn DA’s office is reopening 50 murder cases that were worked on by retired detective Louis Scarcella (who looks oh-so-savory in the NYT’s photo of him). [New York Times]

* In news that should shock no one, Nicholas Speath’s dubious discrimination case against Georgetown Law has been dismissed. [The BLT: The Blog of Legal Times]

* Not long after leaving Cravath for Kirkland, Sarkis Jebejian is putting together billion-dollar deals for private-equity clients. [Am Law Daily]

* Professor Jeffrey Rosen reviews an interesting new book, The Federalist Society (affiliate link), authored by Michael Avery and Danielle McLaughlin. [New York Times]

If you’re a former Supreme Court clerk, the legal world is your oyster. In the words of one observer, “Supreme Court clerkships have become the Willy Wonka golden tickets of the legal profession. So many top-shelf opportunities within the law, such as tenure-track professorships and jobs in the SG’s office, [are] reserved for members of the Elect.”

If you work at a hedge fund, maybe after a stint at Goldman Sachs or a similarly elite investment bank, you’re the Wall Street version of a SCOTUS clerk — at the top of the field, but with way more money. There aren’t many Lawyerly Lairs out there that cost $60 million (the cost of hedge fund magnate Steve Cohen’s new Hamptons house).

What could lure four high-powered lawyers and hedge-fund types, including two former clerks to the all-powerful Justice Anthony Kennedy, to leave their current perches? How about the chance to earn the kind of money that would make a Supreme Court clerkship bonus look like a diner waitress’s tip?

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