Ed. note: This is the latest installment in a series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” takes a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.
One of the thorniest issues any leader has to deal with is telling senior-level underperformers that they’d be better off elsewhere. It calls on every skill in the manager’s bag of tricks, from financial analysis to subtler cultural and personality judgments, and accurate perspective on the impact on the organization overall of asking a high-profile person to leave.
To be honest, it’s also one of the most difficult challenges we deal with in advising firms about their paths forward. Although at times it’s crystal clear what needs to be done, far more often you have no such luxury of being able to shortcut analysis and judgment, and you have to work through all the potential interactions and repercussions to decide with some degree of confidence what to do. Then of course you actually have to do it. You’d be surprised — or maybe you wouldn’t — how often otherwise hard-headed and decisive leaders never quite get around to that part of it….
The ongoing legal fight, in which a bunch of US tech and internet companies — namely Google, Facebook, Microsoft, Yahoo and LinkedIn — are suing the US government, claiming a First Amendment right to publish some details on the number of requests they get from the NSA under Section 702 of the FISA Amendments Act, as well as the number of users impacted by those requests, is getting ever weirder. The government had filed its response back at the end of September. And, you might notice, large portions of it are totally redacted. For example, here is page 13 of the document (though, numbered page 8):
* Citi reports that firms saw a revenue jump of 2.7 percent in the third quarter. Revenue has now finally outpaced expenses for the year. Let the good times roll? [The AmLaw Daily]
* In regulatory fun, the Comptroller of the Currency issued some regulations on how banks can use consulting firms to comply with enforcement orders. In a nutshell, consultants should do their jobs rather than be a rubber stamp for the banks. Once again regulation arrives long after common sense required it. [Washington Post]
* A new company called Fantex Holdings might turn your fantasy football chatter into insider trading when it starts securitizing athletes. Now TacoCorp can endure an SEC investigation just like real companies. [Corporate Counsel]
* Microsoft’s IP counsel is opening a new office of Shook, Hardy & Bacon. Congratulations of the Ctrl+Alt+Deleting your career as an outside counsel. [Corporate Counsel]
* Harvey Updyke, the Alabama fan who destroyed Auburn’s landmark trees, owes $796,000 according to a judge. Roll Tide. [Courthouse News Service]
* Veterans applying to law school should take these tips to heart. [Blueprint Prep]
* The Amanda Knox trial has a ton of experts involved. No defendant, but a ton of experts. [The Expert Institute]
* Biglaw’s billing bonanza: at least 12 firms are advising on the multi-billion dollar deals going on between Microsoft / Nokia and Verizon / Vodafone, and Simpson Thacher landed a seat on both. [Am Law Daily (sub. req.)]
* Standard & Poor’s is now accusing the Department of Justice of filing its $5 billion fraud lawsuit in retaliation for downgrading the country’s credit rating. Aww, we liked the “mere puffery” defense much better. [Reuters]
* The new ABA prez doesn’t think Obama meant what he said about two-year law degrees. He thinks it’s about cost. Gee, the ABA should probably do something about that. [National Law Journal (sub. req.)]
* Meanwhile, New York Law School wants to condense its offerings into a two-year honors program that comes complete with a $50,000 scholarship. Sweet deal if you can get it, but it sounds like most people won’t. [Crain's New York Business]
* Stewart Schwab, the dean of Cornell Law School, will be stepping down at the end of the academic year. The search for someone new to oversee the filming of amateur porn in the library is on. [Cornell Daily Sun]
* Crisis? What crisis? Nothing is f**ked here, dude. Amid plummeting applications, GW Law increased the size of its entering class by about 22 percent. The more lawyers, the better, right? /sarcasm [GW Hatchet]
* Jacked up! Attorneys for NFL player Aaron Hernandez got a stay in the civil suit accusing the athlete of shooting a man in the face until after the athlete’s murder charges have been worked out. [USA Today]
* Even the election law controversies are bigger in Texas. The Department of Justice is currently planning to intervene in one lawsuit and file another against the Lone Star state over its voter identification law and redistricting plans. [National Law Journal]
* Here’s an especially helpful ruling for people who have been living their lives without landlines (so, basically everyone). You can gratefully thank the Third Circuit for allowing you to block those annoying robocalls on your cellphones. [Legal Intelligencer]
* Well, that was quick — a Biglaw pump and dump, if you will. After only a year, David M. Bernick, former general counsel of Philip Morris, is leaving Boies Schiller and will likely be taking a position at Dechert. [DealBook / New York Times]
* “[L]ife got in the way.” Who really needs loyalty in Biglaw these days? More than half of the nearly 500 associates and counsel who made partner in 2013 started their careers at different firms. [Am Law Daily]
* Another one bites the dust. John McGahren, the New Jersey managing partner of Patton Boggs, just resigned from an office he opened himself after some major attorney downsizing. [New Jersey Law Journal]
* “In a community of 98,000 people and 640,000 partners, it isn’t possible to say there will never be wrongdoing.” Comforting. Microsoft is under the microscope of a federal bribery probe. [Corporate Counsel]
* Ronald Motley, a “charismatic master of the courtroom” who founded Motley Rice, RIP. [WSJ Law Blog]
* As we wait for the biggest cases of this term, the question that seems to be on everyone’s minds is: “What would Justice Kennedy do?” We might find out the answer today if we’re lucky. [New Yorker]
* At least we know what Justice Kennedy wouldn’t do. He’d never disrespect his elders like Justice Alito did yesterday after rolling his eyes at Justice Ginsburg while on the bench. [Washington Post]
* Meanwhile, although the Supreme Court punted an important affirmative action ruling yesterday, Jen Gratz’s life has been defined by a more meaningful one made about a decade ago. [Washington Post]
* It’s not what you know, it’s who you know: Covington, the firm where ex-DOJ lawyers go to make money, is representing some very big tech companies in their dealings with the NSA. [Am Law Daily]
* Fox Rothschild picked up a small Denver firm to reach a “critical mass” of attorneys in its new office and offer full service. FYI, “full service” in Colorado means weed law now, you know. [Legal Intelligencer]
* “[G]iven the significant decline in law school applications,” Cincinnati Law is pushing for a 30 percent tuition and fees reduction for out-of-state students. That’s a step in the right direction. [WCPO ABC 9]
* This guy had the chance to go to law school, and I bet he’s really kicking himself now after choosing to be a member of the Boston Red Sox bullpen instead. Poor kid, he could’ve had it all. [MassLive.com]
If you enjoy streaming movies at home through Netflix or Amazon Prime (or whatever other service you use), get ready to start paying more, because there’s a new technology just dropped off at the patent office that promises to keep you from enjoying movies with a few friends.
If you’re wondering why anyone would let this technology into their home, rest assured thousands will. Even you might, unwittingly.
And who’s to blame for this patent? Wait for it after the jump…
As everyone knows, IT professionals and lawyers often want to stab each other’s faces with butter knives have a little trouble seeing eye-to-eye. Practitioners of both the law and computer sorcery tend to be headstrong and preternaturally assured that they are correct 100 percent of the time.
It only makes sense then, that several of Wednesday’s panels at the Legal Technology Leadership Summit dealt with the crucial and interdependent relationship between law dogs and mysterious IT folks. Throughout the day, discussion leaders from both sides of the aisle discussed ways to avoid (or at least mitigate) data breaches and to use technological tools to ease billing nightmares. One session was dedicated to lamenting the top ways IT staff and attorneys drive each other nuts.
For reasons why your boss isn’t thrilled about your sweet new 128 gigabyte flash drive and some classic ha-ha-lawyers-don’t-understand-technology anecdotes, keep on reading….
* Arizona Gov. Jan Brewer tapped the brakes on the Insane Train yesterday, vetoing one measure that would allow guns at schools and another that would require presidential candidates to prove they weren’t Kenyan immigrants hellbent on the destruction of Lee Greenwood. [TucsonSentinel.com]
* Microsoft went before the Supreme Court yesterday to argue that patents should be easier to challenge. Sotomayor spent the entire oral argument asking the Microsoft attorney how she could fit more Miami Sound Machine on her Zune. [Reuters]
* Customer accounts have been frozen following the indictment of online poker companies. Bloomberg decided this was the perfect time to upload their stock poker photo, featuring the caption “A royal flush, circa 1950.” [Bloomberg]
* And here’s a rundown of the potential attorneys and firms who will work the defense side in said p-p-p-poker case. [Am Law Daily]
* The Taco Bell soylent beef lawsuit was dropped yesterday. Posting will be light today while Elie makes a run for the border. [NPR]
* Yo, Mr. Dopeman, you think you’re slick. You sold crack to my sister and now she’s sick. But if she happens to die because of your drug, federal judges will have a difficult time sentencing you. Oof, that N.W.A. lyric took a weird turn, didn’t it? [New York Times]
* The Supreme Court rejected an appeal by five Uyghurs being detained in Guantanamo Bay. On a related note, I just wasted a good ten minutes listening to this pronunciation of Uyghur. [CNN]
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.
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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.”
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