Obviously, the industries and firms of all three GC panelists were rocked by the “dark, demanding and sleep-disturbing downturn in recent years,” and this forum — titled “What Keeps You Up At Night?” — was meant to provide them a chance to share their experiences and concerns with the packed house at the NYSSA. The conversation was a lively and wide-ranging one, covering such topics as reputation management, legal risk across multiple jurisdictions, the increasingly complex regulatory environment, and, most of all, how frustrating it is to deal with clueless law firms (and what the firms might do to alleviate this). Here are some highlights:
Avast, ye maties! Today is International Talk Like a Pirate Day, and what better time to look in on that hornet’s nest of screaming crazy that is the pro se community? Not that all pro se litigants are crazy, but there is a subculture of citizens who love representing themselves. And representing themselves badly. Usually while airing their personal grievances with the government the whole time.
This peek at the pro se world focuses on a hot theory among pro se crazies: the outright denial of court jurisdiction over anything because courts can only exercise admiralty jurisdiction. Apparently the entire legal system — down to and including the maritime architecture of the courtroom and the fringe on the flags in the courtroom — is an elaborate ruse by the Gubment, in association with lawyers, to hoodwink people into consenting to admiralty jurisdiction.
They got us, guys.
Here’s some more color on the nature of this encroachment of maritime jurisdiction onto our soil. Land ho!
The Supreme Court’s decision in Windsor got the attention of the day yesterday, if not the attention of the Term, even if it doesn’t instantaneously make same-sex marriage the law of the land. Shelby County’s Voting Rights Act ruling was historic, but not as historic as it might have been. Section 4’s formula was struck down, but with Section 5 still in place, Congress has an opportunity to redraft an alternative. Fisher’s remand was no mighty victory for either side of the affirmative action debate. It emphasized that strict scrutiny review demands that UT get less deference than the Fifth Circuit panel gave the school. But we really know that this week’s opinion just kicks the can down the road, teeing up next Term’s Schuette v. Coalition to Defend Affirmative Action.
In important ways, Shelby County and Fisher, and in slightly different ways Windsor, keep us talking. Talking about hard issues, but talking. That’s part of the tough stuff of democracy. But SCOTUS’s decision in the California Proposition 8 case, Hollingsworth v. Perry, shuts down democratic dialogue in a way that should make all of us wince. I would rather listen to a thousand screaming Mystals argue about affirmative action through the end of OT 2013 than live with the consequences of this week’s decision in Hollingsworth . . . .
The facts in today’s Supreme Court opinions read like a bloopers reel of our courts system. What do we do when judges are wrong on the law in a criminal case? What if a plaintiff decides, after losing, that he filed in a state court when the state court didn’t have jurisdiction? What if a lawyer doesn’t tell his client that by pleading guilty he’s going to be deported?
As the Chief Justice announced at the start of today’s session of the Supreme Court, October Term 2011 is concluded; October Term 2012 has commenced.
And what a commencement it was. Stars of the Supreme Court bar flooded into One First Street N.E. to welcome the start of the term — and also because of the massive amount of corporate amicus work brought on by Kiobel v. Royal Dutch Petroleum.
There were two cases up for argument today. One involved whether you can sue a company with a U.S. subsidiary for very bad things it does in cahoots with the Nigerian government. The other was over the scope of federal admiralty jurisdiction….
Popping open that box is the only compensation I’ll ever get for having written that book, because I’m no longer in the private practice of law (so I can no longer use a publication to try to attract clients) and I negotiated an advance payment to my firm (back when I was a partner at Jones Day) that basically guarantees I’ll never get any royalties from this project. That leaves as compensation only the joy of holding the book in my hands for the first time and the satisfaction of knowing that a few people will find the treatise to be worthwhile.
I’ve now held the book in my hands, so that little thrill is behind me. But the treatise is also worthwhile, and I’ll prove it….
As part of a nationwide tour, Above the Law is coming to the great city of Chicago.
Join preeminent law firm management consultant Bruce MacEwen, Katten Muchin Chicago managing partner Gil Sofer, and JPMorgan Chase & Co. assistant general counsel Jason Shaffer for a panel discussion (sponsored by Pangea3) on the evolutionary and market forces bearing down on the law firm business model. Come on by Thursday, November 20, at 6 p.m., for thought-provoking discussion, food, drink, and networking.
Space is limited and there will be no on-site registration, so please RSVP
Average law school debt for graduates of private universities hovered around $122,000 last year. With only 57% of new attorneys actually obtaining real lawyer jobs, recent graduates have a lot to consider when it comes to managing their student loan payments. Thanks to our friends at SoFi, today’s infographic takes a look at student loan debt, including the possible benefits of refinancing for JDs…
Kinney Recruiting’sEvan Jowers is currently in Hong Kong for client meetings and still has a few slots available through October 22. Evan will also be in Hong Kong November 14 to December 15. Further, Robert Kinney has been in Frankfurt and Munich this week and is available for meetings with our Germany based readers.
One of our key law firm clients has referred us to one of their important clients in the US, Europe and China – a leading global technology supplier for the auto industry – in order to handle their search for a new Asia General Counsel and Asia Chief Compliance Officer.
Kinney is exclusively handling this in-house search.
This position will have a lot of responsibility and include supervision of eight attorneys underneath them in the Asia in-house team. The new hire will report directly to the global general counsel and global chief compliance officer, who is based in the US. The new hire’s ability to make judgement calls is going to be as important as their technical skill set background.
The position is based in Shanghai and will deal with the company’s operations all over Asia and also in India, including frequent acquisitions in the region.
It is expected that the new hire will come from a top US firm’s Shanghai, Beijing or Hong Kong offices, currently in a top flight corporate practice at the senior associate, counsel or partner level. Of course, the candidate can be currently in a relevant in-house role.