In our last story about Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, we noted the acrimonious nature of the dispute: “The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.”
When we last checked in on the case, Marchuk’s lawyers announced their intent to seek sanctions against the defendants. The basis for that move: the defendants’ counterclaims against Marchuk, alleging that she defamed the defendants by creating or helping to create an anonymous Gmail account that was used to disseminate her lawsuit over email. Marchuk’s lawyers denied that their client emailed her complaint around and said that they would seek sanctions from the defendants for the “frivolous and abusive” counterclaims — which sought a whopping $15 million from Marchuk.
Until now, the stakes have only gotten higher and higher. But today brings word of a possible de-escalation in this hard-fought battle….
Each year, Corporate Counsel compiles a list of the law firms that Fortune 100 companies use as outside counsel. This year, to change things up a bit, it seems like the list has been expanded to cover the entire Fortune 500. From Apple to Yahoo, and every billion-dollar company in between, these corporate clients expect nothing short of the best in terms of legal representation when dealing with high-stakes litigation and deals. If you’re looking to line your firm’s pockets, you better head to the RFP line when these companies seek lawyers.
Up until last year, only the most prominent Biglaw firms (like Cleary, Davis Polk, Cravath, and Simpson Thacher) topped the list of those that had the pleasure of doing business with the country’s biggest companies. Things changed rapidly, however, when Big Business tried to cash in on deals for legal services. The firms that were willing to cave to the pressure of providing alternative fee arrangements won in a big way, and the rest were left in the dust.
Have these prestigious firms changed their ways? Is Corporate America again willing to open its fat wallet for them? Let’s find out…
* If you care about the business end of the law, you’ll want to see which firms are representing Corporate America. This is a list that matters. We’ll have more on this later today. [Corporate Counsel]
* Biglaw firms in Chicago are shrinking, with headcount at the 25 largest firms dropping by 15 percent since 2008. Don’t worry, this is the “new normal,” everything’s fine. [Crain's Chicago Business]
* Show me your poker face: UNLV Law’s dean wants to raise the school’s profile in the eyes of new students by bulking up its gaming law program and letting the chips fall where they may. [Las Vegas Sun]
* It looks like the wage and hour ruling against Rick’s Cabaret has started an avalanche of lawsuits filed by angry, underpaid strippers. Now, they want $10 million inserted into their g-strings. [New York Daily News]
The old saying goes, “you can’t judge a book by its cover,” and it usually preaches that people are different on the inside, and generally for the better. That’s kind of a stupid saying when you think about it because a cover is an image specifically selected by the author and a publisher to entice people to read the book. It’s designed to reflect the book. If anything, a cover misleads the consumer into buying a book that’s not as good as the cover. So if you’re judging a book by its cover, there is only a risk that the reality is going to be worse.
This is all a roundabout way of pointing out that a business structured around a couple of guys who affirmatively choose to dress up like evil clowns and sing “F**k Celine Dion and f**k Dionne Warwick, you both make me sick, suck my dick,” have been sued for sexual harassment.
The allegations are kind of crazy, and claim other criminality as well….
The American Bar Association is out there, fighting for the rights of law students to labor without pay. Wait, that doesn’t sound right. Maybe that sentence should go, “The American Bar Association is out there, fighting for the rights of legal employers to not pay their laborers.” Yes, that makes much more sense.
The Department of Labor sent a letter to the ABA, assuring the organization that hiring unpaid law students to do pro bono work is totally fine. This news makes the ABA happy for some reason. The ABA applauds the Labor Department declaration because of something about “service” and “experience” and other things that sound really nice when you can already pay your bills…
* You skip over the footnotes when you’re reading for class, but Justice Ruth Bader Ginsburg doesn’t think you should. She’s a proponent of the most important footnote in all of constitutional law. [New Yorker]
* New York will modify its pro bono requirement for LL.M. students to allow public service completed outside the country. Well, so much for closing the state’s justice gap. [New York Law Journal (sub. req.)]
* Everything’s bigger in Texas, including the government-initiated trademark infringement actions over “Don’t Mess With Texas.” Like “I <3 NY," the Lone Star State's slogans are off limits. [New York Times]
* You can sue Lady Gaga for overtime pay all you want, but you do not want to face her wrath. The pop star is due in court in early November where she’ll tell a judge “exactly what f**king happened.” [Daily Mail]
Many discrimination cases brought against law firms end in quiet settlements. But I suspect that Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, could go the distance and make it to trial.
Why? The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.
Consider the latest move in the case, a declaration of intent to seek sanctions….
* Earlier this week, Verizon faced off against the Federal Communications Commission in a net neutrality battle royal before the D.C. Circuit. Next time, make FiOS work before trying to get a do-over on the way the internet runs. [New York Times]
* “I see my job as an air traffic controller. And I see an unending line of airplanes.” Federal judges are buckling under the heavy weight of their caseloads, and from the sound of it, they’re not at all happy about the situation. [National Law Journal (sub. req.)]
* Which Biglaw firms strike the most fear into the hearts of their opponents when it comes to litigation? One firm got the boot from last year’s list, and we’ll have more on this later today. [Law360 (sub. req.)]
* Duane Morris is the first U.S. firm to open an office in Myanmar on some prime real estate. Be jealous of their associates as they bask in the splendor of its beautiful architecture. [Philadelphia Business Journal]
* A trio of Quinn Emanuel partners, including John Quinn himself, teamed up to open a high-class sushi joint in L.A. If he waits tables, he’ll definitely need someone to break a hundred. [Am Law Daily (sub. req.)]
* The Sixth Circuit affirmed the dismissal of a former student’s suit against Thomas M. Cooley Law School, and now he’ll have to live with shame for all eternity after being branded a cheater. [Law360 (sub. req.)]
* Strippers aren’t independent contractors, they’re employees entitled to minimum wage, says a judge. Taking off their clothes for only $7.25 an hour will do wonders for their self-esteem. [New York Daily News]
* Lady Gaga is being taken to trial over the wage-and-hour lawsuit filed by her former personal assistant. We wonder if the pop star will be as foul-mouthed on the stand as she was in her deposition. [ABC News]
There’s a great episode of 30 Rock where Twofer (the black character who went to Harvard) gets offended when Tracy Morgan (the black character who did not go to Harvard) says “the n-word” to him, colloquially, as black people allegedly say to each other based on movies and music. Twofer threatens to sue Tracy Morgan for workplace harassment, while Tracy argues that it’s okay for black people to use the word. Then there’s a great, great scene where Tina Fey, Alec Baldwin, and Tracy Morgan try to get Twofer to say the word too.
It doesn’t go well. He says it, Morgan threatens to punch him, and Fey says, “It just sounds so hateful coming from you.” The scene pretty much explains why I personally don’t use the word. I don’t say it around white people, I don’t say it to other black people, I don’t use it when I’m getting a haircut, and I don’t use it around the dinner table with my family at Thanksgiving. It’s not a word that I can “pull off” (I can pull it off in writing when I use it ironically, I think), and I’m totally okay with that.
Don’t get me wrong, I’m not one of those people who sees intense hypocrisy in the fact that some black people can and do pull it off while no white person (outside of Louie C.K. and maybe Bill Maher) is allowed to try. White people got a 400-year head start in the New World, and black people can deploy an extra noun when listening to Jay-Z. There are greater tragedies.
But the N-word is not a “professional” word, and I don’t think it should be used in that context. It doesn’t matter if you are black or white or from whatever racist planet Rush Limbaugh is from. At the point where you are using the n-word to talk to your employees, you need to help yourself to a thesaurus.
Apparently, there’s a jury of my peers who agrees with me…
It turns out the most dangerous jobs really are logging and fishing. Transportation accidents also account for the highest rate of fatal at-work accidents. That means that reality shows like Ax Men, Deadliest Catch, and Ice Road Truckers are actually about pussies who don’t do their jobs in a very hard-core way, otherwise there would be at least one on-screen death per season.
Lawyers have the safest jobs, according to this report. So I guess we’re not counting “suicide” as a workplace accident….
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.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
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.
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.