The leading law firm of King & Spalding, which came under fire from LGBT rights groups after its defense of the Defense of Marriage Act (DOMA) became public last week, has moved to withdraw from the litigation. The firm cited problems with the vetting process applied to the engagement.
And Paul Clement, the former U.S. Solicitor General and King & Spalding partner who was going to spearhead the DOMA defense, is now a former K&S partner. He resigned from K&S this morning, in response to the firm’s withdrawal decision. Clement will continue his representation of the House of Representatives in DOMA litigation from his new home, Bancroft PLLC, the high-powered D.C. boutique founded by a fellow alum of the Bush Department of Justice, Georgetown law professor Viet Dinh.
UPDATE (12:20 PM): We reached out for comment to Professor Dinh, who said: “Paul wins the biggest cases and Bancroft solves the most complex problems. This is a no brainer. We will continue to do what Paul and I love doing most, which is to serve the best interests of our clients.”
Let’s take a look at King & Spalding’s stated justification for dropping the DOMA representation, and at Paul Clement’s resignation letter….
[A] lawyer who defends an individual or a law, no matter how unpopular or distasteful, helps ensure that the outcome is viewed as fair. If DOMA is struck down, the fact that it was defended effectively will make the victory for its opponents more credible…. We hope [Paul] Clement loses, but we don’t begrudge him the assignment. Even a lawyer of his skills will find it hard to defend a discriminatory law like DOMA.
They say that everyone is entitled to a lawyer. [FN1] But is everyone entitled to the services of former U.S. Solicitor General Paul Clement, one of our nation’s finest appellate advocates? At a discounted rate, no less?
As we mentioned in yesterday’s Non-Sequiturs, the U.S. House of Representatives has hired Paul Clement and Clement’s law firm, the venerable King & Spalding, to defend the Defense of Marriage Act. DOMA, which essentially bars recognition of same-sex marriages for purposes of federal law, has been struck down in part by various federal courts, and the Obama Administration has decided to stop defending the 1996 law in constitutional challenges.
So the House Republicans have stepped up to the plate to defend DOMA. And they’ve hired some high-powered counsel for the task, namely, Clement and King & Spalding.
The contract between the House and King & Spalding was made public today by the office of House Minority Leader Nancy Pelosi (after Speaker John Boehner declined to release it). The agreement contains some interesting tidbits, including the hourly rate the House will be paying, as well as a cap (although an adjustable one) on the fees to be paid to K&S.
* House Speaker John Boehner and former U.S. Solicitor General Paul Clement, now at King & Spalding, have joined forces to fight marriage equality by defending DOMA. Talk about two people who will not be taking their talents to South Beach. [The BLT: The Blog of Legal Times]
* The tax returns of Barack Obama and Joe Biden have been made public. Notes Professor Paul Caron: “It’s amazing how much more politicians give to charity in years in which they know their tax returns will be released to the public (although Biden still tosses around gifts to charity like manhole covers).” [TaxProf Blog]
* If you were underwhelmed with OCI at your law school, a new service — JD Match, founded by law-firm consultant and blogger Bruce MacEwen — wants to try to match you up with employers ready to hire. [WSJ Law Blog]
* People keep acting like their law firms are hunting for associates expressing discontent. But law firms aren’t as paranoid as Roger Ailes. [Gawker]
* It’s always nice when our nation’s legal system comes to the defense of punk bands. [Los Angeles Times]
* It’s almost time for the anniversary of the historical basis for Texas thinking it’s better than everybody else. [The Defense Rests via Blawg Review]
Ed. note: Gabe Acevedo will be covering LegalTech for Above the Law this year. If you are interested in communicating with someone from ATL about LegalTech coverage, please contact Gabe at email@example.com. Thanks.
It seems that judges are no longer afraid to unleash the power of the gavel when it comes to e-discovery violations.
1. Superhero name: Crab Stabber AKA Senorita Foulmouth
2. Special power: Crazed Crustacean Impaling / Spanish Profanity
3. Summered: King & Spalding, Houston, Summer 2004 or 2005 (“can’t recall”)
4. Claim to fame: The allegations, according to our tipster:
“K&S Houston used to have this boondoggle of a recruiting trip to the Four Seasons resort in Punta Mita Mexico for a weekend. Excellent way to get to know your summers, their spouses, and how they behave socially. And did I mention it is at a Four Seasons in Mexico?”
“Anyway, a group of people were sitting at a beach campfire, drinking some adult beverages and making smores and other goodies on the fire. Our heroine takes her skewer and proceeds to stab a crab, roughly 8 inches in diameter, that was trying to sneak by the people on the beach. Not a small crab. She then proceeds to roast it on the fire. There is a famous picture, which she more or less posed for, with her holding the crab on the skewer with a maniacal grin on her face. Let’s just say some of the partners, spouses and others sitting around the campfire were a little shocked.”
“At another point during that summer, our heroine was sitting in at the beginning of a lunch seminar with other summers, attorneys and paralegals. That summer, [a lot] of the SAs happened to be fluent in Spanish and would speak Spanish to each other in the halls, etc. Well, our heroine was talking to another summer in Spanish and apparently cursing like a Caracas sailor in mixed company, when a paralegal politely said: “You may want to be careful, other people speak Spanish here, too.” To which our heroine shot back: “Are you an attorney?” Ummm… no, but let’s just say that the paralegal knew a few.
5. What happened next: “Ummmm…. no offer.”
The rules still apply. Don’t be a d-bag and name the Crab Stabber or try to guess who she is. Thanks a bunch.
The day that many of you have been waiting for has arrived. Today ATL goes to ATL: the fair city of Atlanta!
Based on NALP forms and priornewsarticles, it seems that starting salaries in the Big Peach generally range from $130,000 and $145,000 (similar to Philadelphia).
At $130K: Alston & Bird; Arnall Golden Gregory; King & Spalding; Kilpatrick Stockton; McKenna Long & Aldridge; Morris, Manning & Martin; Paul Hastings; Powell Goldstein; Smith Gambrell & Russell; Sutherland Asbill & Brennan; Troutman Sanders; Womble Carlyle.
At $135K: Jones Day
At $145K.: Dow Lohnes; Hunton & Williams; McGuireWoods; Schiff Hardin.
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
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.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.