Earlier this week, we wrote about a pair of prominent partners at Skadden Arps who got hit with a big-time benchslap. A federal judge in Chicago issued an order to show cause, requiring the Skadden lawyers to explain why they should not be sanctioned for failing to cite a highly relevant (arguably dispositive) Seventh Circuit case when briefing a motion to dismiss. The judge also set “a status hearing in open court…. [at which the attorneys] are all directed to appear in person.”
The Skadden partners filed a contrite response. They apologized profusely to the court, explained why they viewed the Seventh Circuit as distinguishable, and argued that even though they erred, their conduct didn’t merit sanctions. They announced to the court that they had settled the case in question, with Skadden “contributing to the settlement amount in order to personally redress plaintiffs’ counsel for responding to the motion to dismiss.” (In a classy move, they also extracted their associate from under the bus, explaining that he played no substantive role in the briefing.)
Despite the apology and the settlement, the status hearing went forward as scheduled yesterday. What happened?
On the transactional side, things seem to be going gangbusters for Skadden Arps. As we noted yesterday, the firm took the top spot in three separate rankings of 2012 M&A work. In 2011, a different firm sat atop each set of rankings, but in 2012, Skadden ruled them all.
On the litigation side, though, the new year has brought new headaches for Skadden. Earlier this month, a high-profile partner at the firm, along with another partner and an associate, got hit with a big benchslap. A federal judge issued an order to show cause, asking the Skadden lawyers to explain why they should not be sanctioned, and set “a status hearing in open court…. [at which the attorneys] are all directed to appear in person.” Ouch.
Skadden recently filed its response to the OSC. Let’s review the benchslap, then see what the Skadden lawyers had to say for themselves….
* “I’m sorry Ms. Jackson, I am for real. Never meant to make your planet cry, I apologize a trillion times,” is likely what Barack Obama told Lisa Jackson when he found out she was stepping down as EPA administrator. [New York Times]
* Cook County, Illinois, is experiencing problems wherein the kookiest of judges get “electoral mulligans” every six years. Public humiliation and harsh ratings might be a great way to finally put an end to this practice. [Chicago Magazine]
* Another way to get revenge against the schools that screwed grads with their allegedly misleading employment stats: disciplinary action for ethical violations committed by those licensed to practice law. [WSJ Law Blog (sub. req.)]
* What happens in Vegas, stays in Vegas, unless you’re accused of being a murdererbirderer. Boalt Hall law students Justin Teixeira and Eric Cuellar have now been criminally charged for their alleged roles in the decapitation of an exotic bird. [Las Vegas Sun]
* Harvard Law is offering a free online copyright class, and anyone can enroll — even 13-year-olds. This may be your only chance to take a course at an Ivy League school, so hurry up and apply. [National Law Journal]
* George Zimmerman and his lawyer are being sued by a private detective for failure to pay $27K for security services, which included a detailed escape plan to get the murder defendant into a hidey-hole. [Boston Herald]
As you might expect from the founder of one of the world’s great law firms, Frederick Winston was an impressive individual. He graduated from Harvard Law School in 1852. His first law partner, Norman Judd, was the delegate who nominated Abraham Lincoln at the 1860 Republican National Convention. His next law partner, after Judd became President Lincoln’s ambassador to Germany, was Henry Blodgett — no, not thatHenry Blodget (one “t” versus two) — who later served as a federal judge. In 1894, Frederick Winston became law partners with Silas Strawn — and the rest, as the say, is history.
If you’d like to own a piece of history, you can purchase the 1896 mansion that was built for Frederick Winston. It’s now on the market, for just under $10 million.
No, this is not an apartment building (although it could be converted into one). It’s a single-family house — the house that Winston built….
Back in July, we brought our readers a story about an Illinois judge who had allegedly been using his courthouse computer to view hardcore pornography while in chambers. Most would’ve lodged an objection to the judge’s alleged behavior, because after all, he could’ve waited until he got home to sate his supposed desire for untoward viewing pleasures, just like everyone else.
After the inception of a judicial ethics inquiry, some of the porn sites the judge visited were revealed by a Chicago-area newspaper (and based on his pervy predilections, it seems the good jurist is a chubby chaser). But alas, the only thing the judge is chasing now are his hopes of keeping himself on the bench.
Late last week, the alleged porn procurer found himself before the Illinois Courts Commission (ICC) to defend his honor and his livelihood. During the hearing, the judge confessed to many of his sins, and revealed the reason why he couldn’t wait until he was within the comforts of his own home to visit his favorite XXX sites….
* When it comes to the art of law firm valuation, you may be surprised when you find out which Biglaw firm is worth the most. Here are a few hints: it’s not Baker & McKenzie, and it’s not DLA Piper or Skadden, either. [American Lawyer]
* Evening students are capable of doing more than ruining your class rank. Jacob Lew, once a night student at Georgetown Law, is now the White House chief of staff assisting with fiscal cliff negotiations. [New York Times]
* For now, the only thing that’s keeping Florida from gaining another law school is a lack of square footage in the real estate rodeo. But that’s probably a good thing, because adding a twelfth law school would be more than a little ridiculous. [Daytona Beach News-Journal]
* Samsung’s trying to get out of paying $1.05B to Apple, and their lawyers are trying to pin knowledge of the jury foreman’s misrepresentations on their technological nemesis to get the verdict thrown out. [Bloomberg]
* Shakira’s hips don’t lie, but her contracts allegedly do. The sexy singer’s ex-business partner (who’s also her ex-boyfriend) is suing her for $100M to “recover his share of past and future partnership profits.” [Billboard]
During the 2000 presidential campaign, Al Gore famously alluded to “powerful forces and powerful interests” that were out to get ordinary Americans. He received derision from some quarters for his vague invocation of mysterious forces that were conspiring to keep the people down — but maybe he had a point? As Henry Kissinger famously observed, “Even a paranoid has some real enemies.”
This brings us to the first of our two Judges of the Day, both out of the Chicago area. The first claims that she is “being persecuted extensively by many people in many ways.”
Let’s learn about the mysterious forces who are supposedly causing trouble for this jurist. Does she have actual enemies, or is she simply cuckoo in Cook County?
When renowned federal prosecutor Patrick Fitzgerald stepped down as U.S. Attorney in Chicago, he reacted skeptically to the suggestion that he join the dark side jump over to private practice and become a defense lawyer. When asked about this at a press conference regarding his departure, he quipped, “Can you see me as a defense attorney?”
Well, pooh-poohing something isn’t the same as rejecting it out of hand. Yesterday brought news that Pat Fitzgerald will be entering private practice after all.
* “You’re paying a partner $800 to $1,000 an hour and they’re charging you because they ordered sushi.” In-house counsel are paying more attention to their bills, and they’re refusing to pay for things like photocopies and food. [Wall Street Journal (sub. req.)]
* According to litigators, who are the ten most notable federal district court judges to watch? Three come from S.D.N.Y., but one from N.D. Cal. captured our hearts this summer when she asked counsel for Apple if he was “smoking crack.” [American Lawyer]
* A guide for law students with disabilities says: “If you are thinking that you’re a shoe-in for LSAT accommodations since you had accommodations in undergrad, think again.” But thanks to these suits, LSAC’s policies may soon be changing. [National Law Journal]
* Seeing as there are only nine law schools in Illinois, and given the abysmal job market for new law grads, it’s clear the state needs a tenth school. Say hello to Bradley University College of Law. [Peoria Journal Star]
* Jets backup quarterback Tim Tebow trademarked “Tebowing.” Yes, seriously. But don’t worry, he didn’t do it to make money, he just wants to “control how it’s used, make sure it’s used in the right way.” [Washington Post]
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: email@example.com.
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.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
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