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….
* Dewey know why the deadline to sign up for D&L’s proposed “clawback” settlement for former partners has been pushed back again? This time, the liability release is at issue. [WSJ Law Blog]
* In Pennsylvania, there’s been a spurt of lateral movement from people leaving in-house positions for law firms. Memo to laterals: you’re doing it wrong. No really, you are. [Pittsburgh Post-Gazette]
* The Senate confirmed four nominees to the Privacy and Civil Liberties Oversight Board, but they won’t be able to do much because they don’t have a chairman. Oh, government. [National Law Journal]
* 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.
Last week, the New York Times, the Wall Street Journal, and the American Lawyer all mentioned an unusual debt in the bankruptcy case of Dewey & LeBoeuf. A former D&L associate, Emily Saffitz, was listed as being owed $416,667 — a sum big enough to put her in the top 20 unsecured creditors of the firm. This was apparently due to a “severance arrangement.”
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….
I’ve watched Dewey’s collapse only from a distance, as have most lawyers. And I’m no student of law firm finances or management. But this struck me as I read the news:
And I’m probably overlooking other recent collapses of prominent firms, since I cobbled together that list from the names that came to mind unprompted.
This history suggests that another large, well-respected firm will collapse next year, and it’s a near certainty that a firm will collapse within the next two years. Who will it be?
As we mentioned earlier today, retired partners of Dewey & LeBoeuf received some potentially good news. These former partners, whose unfunded pensions were supposed to be funded out of firm profits, will have a voice in the firm’s bankruptcy proceedings. As reported by the WSJ Law Blog and Am Law Daily, the U.S. trustee’s office has appointed an official committee of former partners (in addition to the standard official committee of unsecured creditors). The four ex-partners on the committee are David Bicks, Cameron MacRae, John Kinzey, and John Campo.
What prompted the move? As legal consultant Edwin Reeser, whose analysis of the Dewey situation recently appeared in these pages, told the WSJ, “The retired partners have uniquely separate interests which warrant consideration as a special class of creditors.”
It’s nice that they have a seat at the table, but will the ex-partners end up with any money at the end of the process? That’s less clear. As Jerome Kowalski, another law firm consultant, told the Journal, “There has never been a law firm bankruptcy that resulted in any payment being made to the equity partners… They’ll have zero sway other than perhaps some moral imperatives, and moral imperatives don’t have much play in bankruptcy courts.”
The unsecured creditors might have more luck than the former partners. Who’s on the unsecured creditors’ committee?
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at asia@kinneyrecruiting.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
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