Isn’t Jewel v. Boxer a great case name? Doesn’t it sound like one of the classics of the 1L curriculum, right up there with Pierson v. Post, Hawkins v. McGee, and International Shoe?
It is definitely a case that lawyers ought to know. This appellate decision, handed down by a California court in 1984, remains the leading case on how to divvy up attorneys’ fees generated by cases that were still in progress at the time of a law firm’s dissolution. Dewey care about this case? Absolutely.
But Jewel might not maintain its status as the key precedent on so-called “unfinished business,” at least if one judge has anything to say about it. Check out an interesting ruling that just came down from the Southern District of New York, arising out of one of the biggest Biglaw bankruptcies of recent years….
Biglaw partners sell their time and attention to clients who want legal help. Partners devote plenty of thought and attention to the mechanics of selling — the how, the what, and even the why regarding client’s selection of counsel. Biglaw firms rightfully obsess about these issues, spending untold sums on robust marketing departments, consultants, and the like, in the hopes that their partners will magically all become rainmakers (or at least adept “cross-sellers”).
But while the how, what, and why of rainmaking get a lot of attention, there is a glaring lack of attention and discussion of the “who” — as in, who are the people making the decisions to purchase the gold-plated services offered by Biglaw. You would think determining the profiles of your target customers, and targeting sales approaches accordingly, would be an important endeavor for a professional-services outfit. You would also think that Biglaw firms would discuss with their current and future rainmakers strategies for appealing to various types of purchasers of Biglaw services. Neither of the Biglaw firms I have been a partner at have done so — at least when it comes to adopting different approaches to pitching female in-house counsel. I would bet my experience is typical.
What does this have to do with “Biglaw Lady Issues”? Easy. While the statistics tell us that women — in part because of the challenges posed by the timeline I discussed last week, among other factors — are not really moving the needle much in terms of becoming Biglaw equity partners, there is no doubt that they are entering Biglaw in substantial numbers, and leaving to take in-house positions — again in substantial numbers. As Old School Partner reminded us, Biglaw is within a lifetime of being a “men’s only” club. Those days are over, as are the days when someone like Old School Partner could build a firm of men selling to male-run businesses with exclusively-male in-house counsel. But nobody really talks about the impact that the increasing number of female in-house counsel do (and should) have on Biglaw marketing efforts and client retention. Seems crazy that this is the case….
So it seems that there will be two David B’s in the building. Boies Schiller was founded, of course, by the legendary David Boies, one of the greatest litigators of our time — known for his work on such marquee cases as Microsoft, Bush v. Gore, the Perry / Prop 8 case (which could end up in the Supreme Court), and too many others to mention.
Let’s take a closer look at David Bernick’s résumé, and analyze what his arrival means for BSF….
Ed. note: This is the second column by Anonymous Partner based on his interview of a more-senior partner, “Old School Partner” (“OSP”). You can read the first column in the series here.
“It was a nice profession,” Old School Partner told me, especially for a senior partner at a white-shoe firm. Collegiality, interesting work, and a good living were his. Despite occasional internal dust-ups about compensation within the partnership, partners were generally content with what they were making.
But things were about to change, and what had been a guarded and close-knit segment of the legal profession was soon thrust into an unwanted spotlight. It was a “watershed” moment for partners.
The “watershed” that mucked things up? The launch of American Lawyer magazine….
* With drinks flowing and asses shaking, Rick’s Cabaret can do no wrong — except when someone dies. The club’s drink-sales policy is currently the subject of a wrongful death lawsuit in Texas. [Houston Chronicle]
* Chris Danzig will be attending and live tweeting the Apple v. Samsung trial today. Follow him! [Twitter]
Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, they are collected here.
I did not know what to expect. Almost a month had passed since my initial invitation for a senior Biglaw personality to contact me, and someone had. After a bit of back-and-forth regarding confidentiality and logistics, we had arranged to meet. Even though I had intended to script out questions, my natural inclination to wing it took over. I had done some research on my subject (web bio, history of his firm, etc.), but was otherwise unsure of how things were going to go. My subject is not actively practicing anymore (and I would love to hear from an high-level “Insider” currently working in-house or in Biglaw), but he was able to give me both historical perspective and sagacious insight into how Biglaw has become what it is, and what it can do to meet the challenges ahead.
The setting of our meeting turned out to be very apropos of the glimpse into Biglaw history that I was going to receive. The wood paneling, uniformed attendants, and heavy furniture all but sang “elite,” and reflected the long traditions of the institution whose name was on the door. Considering I was meeting with a former leading partner at a white-shoe firm, it seemed an appropriate location. His suggestion, not mine of course. I had been there before, for a firm event back when I was an associate, but the mood this time was different, because the assumption underlying this meeting was that I, as a current Biglaw partner, belonged in some measure to this world. Debatable, but I definitely felt more comfortable than on my previous visit as a guest. I was aware throughout that we were literally sitting in the shadows of many Biglaw offices, and at the same time, that we were mere blocks from the place where my late grandfather (who came to America as a refugee) had made his living.
Ed. note: This is the latest column by our newest writer, Anonymous Partner. In case you missed his prior posts, check them out here and here.
Devotees of international soccer, and I have come across quite a number of them in my Biglaw career (from foreign-born colleagues to more recent converts like myself), are currently enjoying one of the world’s foremost tournaments, the European Championship or the “Euros.” Because the tournament is played in Europe, the games have been on during lunchtime and the early-afternoon hours here on the East Coast, perfect for sneaking out to a local bar for a slightly longer than usual lunch break to watch. I would imagine that most Biglaw Euro watching is being done via Espn3.com, on the “second screen” that most IT departments insist on hooking up in order to enhance the lawyer’s “productivity.” Truth is that when it comes to work, the second screen is fantastic — but it is more fun when it acts as a substitute television.
Now, ESPN’s wall-to-wall coverage of this year’s Poland/Ukraine-based tournament has definitely raised the Euros’ profile in the USA — but for those unaware or uninterested in the proceedings, realize that each match draws as much interest and television viewership as the Super Bowl. And the level of play on display is absolutely top-notch, as each team is composed of hardened veterans of the top European leagues, those renowned for attracting the top soccer talent worldwide with the allure of riches and fame.
As an aside, knowing something about soccer, just like speaking a foreign language, is a great normalizer when dealing with clients and colleagues in overseas offices. Sports and business are intertwined, and as professional services providers in increasingly international businesses serving an increasingly global clientele, it behooves firms to ensure that both partners and associates have some familiarity with the world’s most popular game (in both amount of fans and corporate support).
In what way is soccer like Biglaw, and what lessons might it have for those of us who toil in law firms?
* The first day of jury deliberations in the Rajat Gupta insider-trading case ended without a verdict. Benula Bensam’s boredom is epic — the poor girl can’t even blog about the trial anymore. [Bloomberg]
* Baker & McKenzie is celebrating its 50th year in Toronto, Canada by handing out spring bonuses luring in lateral hires. Welcome aboard to Kent Beattie, formerly of Slavies Davies. [Globe and Mail]
* You can run, you can hide, but you can’t escape Sandusky’s love. Alleged Victim No. 9 testified that he screamed for help in vain while staying in the former coach’s allegedly “soundproof” basement. [CNN]
* It’s hard out here for a shoeshiner: Cooley Law grads suing their alma mater over allegedly misleading employment statistics may face an “uphill battle” when it comes to fraud allegations. [WSJ Law Blog]
* The CEO of Caesars Entertainment has proclaimed that he has “tremendous confidence” that online poker will become legal in the near future. So much for keeping your poker face on that one, eh? [MSN Money]
* Imagine my surprise when I found out that a yet another man in Springfield, MA, was arrested for assault and battery with a dangerous weapon. Here’s the surprise… the dangerous weapon was wasabi sauce. [TIME]
Last week, I headed downtown to meet with Stephen A. Weiss and Eric Jaso, partners at the Seeger Weiss litigation boutique. Weiss co-founded the firm with Christopher Seeger in 1999. Jaso, who just joined the firm from Stone & Magnanini, is a friend and former colleague of mine from the U.S. Attorney’s Office. They kindly agreed to be interviewed about what it’s like to work at an elite, plaintiff-side litigation firm.
Here at Above the Law, we’ve always had strong coverage of the large, defense-oriented firms that collectively constitute Biglaw. In the past few years, however, we have dramatically expanded our offerings related to smaller law firms. We currently have three columnists — Brian Tannebaum, Tom Wallerstein, and Valerie Katz — writing in this space, in addition to the small-firm coverage generated by our other writers.
Consistent with this editorial expansion, I was eager to meet with Weiss and Jaso and hear about Seeger Weiss (which is relatively large for a plaintiffs’ firm, but small compared to a Biglaw firm). I’ve always wondered why more law school graduates don’t go into plaintiffs’ work and why we don’t hear about this side of practice as much. It can represent a chance to do well while also doing good, by vindicating victims’ rights or blowing the whistle on misconduct — especially in the qui tam practice area, a focus of Seeger Weiss.
Why did Dewey agree to pay an associate from the class of 2006 more than $400K in severance? According to the Times, Saffitz received this severance agreement after she “complained over how she was treated by a former Dewey partner and told the firm’s management.” According to the Journal, she filed “a complaint regarding sexual discrimination by a Dewey partner who is no longer with the firm.”
Inquiring minds want to know: Who was the partner in question? And what did he allegedly say or do to Emily Saffitz?
Finding out such details is difficult. Settlements in cases of alleged sex discrimination or sexual harassment often contain non-disclosure or non-disparagement provisions that prevent the parties from speaking about what took place.
So we didn’t expect we would ever find out which former Dewey partner triggered complaints from Emily Saffitz. Until, well, he emailed us….
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When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
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…
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