BP Interns preparing to take over operations at Deepwater Horizon, April 19, 2010.
For the record, that was not the “royal ‘we’” in the title — here at Above the Law, we pay our interns. But a whole lot of folks don’t, because when no one else is hiring, companies can get away with offering to hire folks for the promise of experience and a cup of coffee (disclaimer: “Cup of Coffee” not provided).
Mercifully, law firms haven’t succumbed to the impulse to bring on interns for free. Oops, spoke too soon (fourth item).
But Judge William Pauley of the Southern District of New York delivered some big wins for unpaid interns yesterday…
* Crafty trial tactics out of C-Town. A Cuyahoga County prosecutor was fired after he admitted to posing as a woman in a Facebook chat with an accused killer’s alibi witnesses in an attempt to persuade them to change their testimony. [Cleveland Plain Dealer]
* If you post on Facebook asking your employer to fire you, you can’t get mad when they, you know, fire you. [IT-Lex]
Forget horse heads — this is what you wake up to if you try to unionize at Burger King.
* Burger King sells burgers by celebrating that they are built with fictional union labor while actively interfering with workers forming real unions. This would be too much hypocrisy for some, but Burger King gets to have it its way. [Buzzfeed]
* I cannot top the subject line from the tipster: “Obama calls the nation to arms on trade secret theft, but the nation is at the mall.” [Orrick]
* Step One: Collect cash from government for doing business in downtown Manhattan. Step Two: “Close” the firm and move all the partners and cases to Blank Rome. Step Three: Refuse to pay back the money. [Thompson Reuters News & Insight]
* This Craigslist job posting under “Legal/Paralegal Jobs” in San Diego: Accidental listing or sadly prophetic commentary on the legal job market? Just in case someone removes the listing, I’ll post a screenshot after the jump…
The ABA agrees that exploitation of law students and other interns is unacceptable; however, the FLSA uncertainty inhibits law firms from offering students the opportunity to work on pro bono matters in a real-life practice setting. …
Furthermore, in the current economic climate with shrunken employment opportunities for law school graduates, hindering the ability of law students and recent graduates to work side-by-side with experienced lawyers who could provide both strong mentoring and favorable substantive references unnecessarily reduces access for future employment prospects.
I imagine Mr. Pink doesn’t tip at Starbucks. Hell, I don’t “tip” at Starbucks. Occasionally, I don’t feel like having 30 cents clanging around in my pocket all day, so I throw it in the tip jar. But there’s only so much I can pay for a cup of coffee in good conscience.
Apparently, there’s a lawsuit kicking around the New York Court of Appeals over who owns the tips at Starbucks. The baristas are fighting to keep control over the jar and not share the tips with assistant managers.
It’s kind of sad. At this point, why not just dump the tip jar out on the floor at the end of the day and watch them fight over it…
When Alexandra Marchuk filed her epic lawsuit against her former firm, Faruqi & Faruqi LLP, and one of its partners, Juan E. Monteverde, she aired a lot of dirty laundry. Here’s one allegation that got a lot of attention in the corporate-law community: “[In advance of a Delaware Chancery Court hearing,] Mr. Monteverde explained that Judge [Travis] Laster was partial to good-looking female lawyers, but F&F’s female local counsel was ugly; so Mr. Monteverde wanted Ms. Marchuk to appear with him because her good looks would influence the judge in favor of F&F. Mr. Monteverde told Ms. Marchuk to wear her hair down, wear a low-cut shirt, and to try to look as alluring as possible during the hearing.”
Some wondered: did members of the Delaware Chancery Court hear about this rather embarrassing allegation? The answer would appear to be yes, based on a letter that a Faruqi lawyer recently received after moving for Juan Monteverde to be admitted pro hac vice….
Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday.
* Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY]
* Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice]
* T.J. Duane, a co-founder of Lateral Link, was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider]
* The U.S. Chamber of Commerce has asked theSupreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and it’s a free-for-all against workers. [Free Enterprise]
* Law school applications are down, but not as drastically as expected. [Faculty Lounge]
* In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money]
* A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy]
* Do potential clients really care about social media? I “Like” this story. [Associate's Mind]
* Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump…
Over the years, we’ve seen some strange and surprising law firm departure memos. They come not just from associates but from partners as well. See, e.g., this famous (or infamous) Skadden partner’s departure memo.
Today we bring you another weird farewell message penned by a partner. It’s strange because it burns bridges in a big way, making all kinds of incendiary allegations against the Am Law 100 firm involved.
You’d think that a leading employment lawyer would show greater discretion on his way out the door. Well, think again….
For connoisseurs of salacious suits, Marchuk v. Faruqi & Faruqi is the gift that keeps on giving. First Alexandra Marchuk, a young lawyer and recent Vanderbilt Law graduate, sued the Faruqi firm, claiming that she was subjected to relentless sexual harassment during the short time that she worked there. Then the Faruqis and partner Juan Monteverde fired back, filing aggressive counterclaims against Marchuk.
Marchuk isn’t taking these claims lying down. She has amended her complaint to add new causes of action and to increase her multimillion-dollar demand….
The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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 six years. You can reach them by email: firstname.lastname@example.org.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
If your firm is in ‘go’ mode when it comes to recruiting lateral partners with loyal clients, then take this quiz to see how well you measure up. Keep track of your ‘yes’ and ‘no’ responses.
1. Does your firm have a clearly defined strategy of practice groups that are priorities of growth for your office? Nothing gets done by random chance, but with a clear vision for the future. Identify the top practice areas for which you wish to add lateral partners. Seek input from practice group leaders and get specifics on needs, outcomes, and ideal target profiles.
2. In addition to clarifying your firm’s growth strategy, are you still open to the hire of a partner outside of your plan? I’ve made several placements that fit this category. The partner’s practice was not within the strategic growth plan of my client, but once the two parties started talking with each other, we all saw how it could indeed be a seamless fit. Be open to “Opportunistic Hires.” You never know where your next producing partner might come from, so you have to be open to it. I will be the first to admit that there is a quirky element of randomness in recruiting.
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