I love the Raiders and I love being a Raiderette, but someone has to stand up for all of the women of the NFL who work so hard for the fans and the teams. I hope cheerleaders across the NFL will step forward to join me in demanding respect and fair compensation.
– Lacy T., a cheerleader for the Oakland Raiders, commenting on her proposed wage-and-hour class action lawsuit against the team. Lacy alleges that when all cheer squad commitments are taken into consideration, including time spent rehearsing, performing, and appearing at required events, she makes $5 per hour, which is less than the California state minimum wage of $8 per hour.
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.
I don’t know about you, but I find talent markets fascinating. They have several characteristics that make them quite distinctive from regular old goods and services markets:
Talent is extremely heterogeneous; it’s not as if there’s another Honda Accord where that one came from.
Talent is what economists call both “excludable” and “rivalrous,” meaning that if I hire you Suzie can’t hire you at the same time. (Knowledge is the classic non-rivalrous and non-excludable good; everyone can know the same thing at the same time without its impairing anyone else’s knowledge of that same thing, and without shutting off anyone else’s access to it.)
Talent is notoriously difficult to judge in advance, without actually experiencing it, that is to say, without actually hiring the individual and putting them to work in your organization. Some other markets approach this condition of “ignorance until purchased,” such as attending performing arts events or taking a vacation to a previously unknown locale, but the stakes tend to be much higher for all parties concerned in talent markets.
Once talent is hired, it’s stickier than most other purchases. You can walk out of the movie theater or reconfigure your travel plans, but once you hire someone, short of felonious or otherwise appalling behavior, you’re stuck with them for a decent interval.
All this leads to a number of devices and stratagems that attempt to mitigate uncertainty and delay serious resource commitments until some firsthand evaluation can be performed.
Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.
It’s almost that time of year again, when many of us lesser beings will gather together to watch super-human men on all manner of PEDs and deer antler urine sprays smack each other around while an oblong leather ball sits somewhere in the background. We’ll leap for the pizza and chili like salmon during mating season while, between whistles, obligatory commercials with Avatar-like production budgets glow at us. That’s right sports fans, it’s [editor redacted] time!
Wait, hey! What the hell? I said it’s [editor redacted] time! Oh, come on. I can’t say [editor redacted]? Fine, what about a euphamism, like [editor redacted]? No, can’t say that either? Maybe [editor redacted]? Damn it, this is stupid. I’m talking about something that rhymes with “Pooper Hole” (heh, got you, editor!)….
* Lanny Breuer’s resignation from his post as the assistant attorney general for the Criminal Division of the Department of Justice is neither fast nor furious enough for his critics. [Blog of Legal Times]
* “I don’t reimburse for taxi and car services around Manhattan.” Judge Martin Glenn is none too pleased with costly expenses billed to the Dewey & LeBoeuf bankruptcy estate by Togut, Segal & Segal, and he’s started slashing fees left and right. [Am Law Daily]
* The Florida Space Coast School of Law? This totally necessary school has a name that no one will ever be able to make fun of. Please let there be an equally necessary space law concentration. [Daytona Times]
* “Being rude is not illegal,” but thanks to The Dirty, it might have some damning consequences for CDA § 230. Maybe it’s a good thing the jurors in this sexy teacher’s defamation case were deadlocked last night. [KY Post]
* Julie Taymor settled her suit against the producers of Broadway’s musical adaptation of Spider-Man. It turns out all the judge had to do was schedule a trial date to get the parties to turn off the dark litigation. [Bloomberg]
* Here’s an example of legal Kaepernicking: the NFL got to flex its muscles when it strong-armed a football fan into abandoning his trademarks on “Harbowl” and “Harbaugh Bowl” in anticipation of the Super Bowl. [ESPN]
Mirroring the profession it covers, this website has whiplashed from ecstasy to agony since its inception, from bottles and models to pink slips and loan debt. Like a rap career in reverse, the site has gone from frivolity to gritty realism in the time it took the legal market to absolutely crater. And that’s okay, really. Train wrecks can be beautiful. Like a pictorial essay of Detroit. The idea behind this column was to talk about a world immune from such harrowing turns of event. To talk about a world filled with Peter Pan syndromes who won the genetic lottery and behave as if what is owed to them is much more than just the world. You know, like young Biglaw attorneys circa 2006.
But this hasn’t been the case, sadly. This space has been the province of pedophiles and et cetera and so forth, and I’ve gotten to cover none of the Entourage-like excess that I had hoped. Today? Today we have another unemployed lawyer. Another statistic. Another godforsaken down-in-the-mouth sad sack who can’t keep a job and makes me want to cry because if he can’t keep his job, what does that foretell for my own “career” if you can even call it that — because I really can’t, I mean, why did I even go to law school in the first place? Good God and baby Jesus, was that a mistake…
This guy’s a football coach with a J.D. from Harvard. Let’s talk sports….
Ed. note: This new column is about sports and the law. You can read the introductory installment here.
Do you remember what you wrote on your law school application essay? I do. Since I knew (and know) next-to-nothing about the law, I chose to focus the theme of my essay on issues of justice and how my childhood and young adulthood had been shaped by a sort of visceral response to injustice that practically forced my hand. That literally compelled me to learn more about the law so that I could fight injustice like some fey Batman, ridding the world of evil. I must have spent days puzzling over what in my life’s experience could be offered up as proof of my worthiness to study the law. Truthfully, I couldn’t think of a single thing in my childhood that was weighty enough for this most holy of callings. A midwestern, middle class, middle-of-the-pack upbringing had left me woefully unprepared for this self-selected mission.
And so it was that a white kid from Kansas decided to say that he was drawn to the law because of the Spike Lee joint, Do the Right Thing. I might have even mentioned that I cried when Radio Raheem was murdered by New York City cops. That the feeling I had while watching a movie as a child was a clarion call to justice. That the arc of the moral universe is long, but it bends towards my admittance to a T14 law school.
This is all to say that several years from now, some idiot very much like your humble correspondent might mention the injustice of the Seattle Seahawks victory Monday over the Green Bay Packers as the moment when he decided to go to law school.
Let’s talk sports, referees, and four-fingered rings that say LOVE and HATE.
* What price can you put on freedom (or lack thereof)? Jeffrey Deskovic, who served 16 years in prison for a rape and murder he did not commit, sued a whole host of defendants after his exoneration — and won more than $5 million. [Cruel and Unusual]
* One way of dealing with opposing counsel is to grope them and expose yourself to them. I didn’t say it was a “good” was to deal with opposing counsel. [New York Personal Injury Law Blog]
* George Zimmerman’s wife was arrested for perjury. Good thing she wasn’t wearing a hoodie while she allegedly lied, ’cause you know how that goes. [Orlando Sentinel]
* When studying for the bar, you have to at least pretend that there’s going to be a job afterwards. Don’t torture yourself with reality. [Law Riot]
* As a boy with a girl’s name, I’m always worried that something like this will happen to me. Trust me, my son will not have this problem. I’ll call the kid Mars Glock The Penismightier Mystal or something. [The Daily Dolt]
* Is the NFL going to end up like Big Tobacco? [Forbes]
* I’ll be moderating a panel at this year’s American Constitution Society National Convention. That means I’m coming to D.C.! If you want to hang out, I’ll be drinking with Marin at Off the Record — which is downstairs at the Hay-Adams — starting at about 8:30 tomorrow night. [American Constitution Society]
As many of you may know, on Wednesday May 23, the NFL Players Association filed suit against the 32 NFL teams in the case White v. National Football League, arguing that the NFL teams “engaged in a secret, recently-revealed collusive … agreement” to suppress player salaries and impose a $123 million salary cap for the uncapped 2010 season. Last week, Elie Mystal shared his thoughts on the lawsuit. Elie has since invited me to add some thoughts from a sports law perspective….
The National Football League seems to be an unstoppable force of nature, led by a commissioner, Roger Goodell, who has managed to collectively bargain his way into being judge, jury, and executioner of league policy. NFL players often have to go outside of league offices and to United States courts to have their grievances heard, except that the NFL is just as indomitable in court as it is everywhere else.
But if you are going to defeat the NFL in court, claiming collusion is a better bet than most. The NFL has been busted for it before. And it’s really not that hard to infer when 32 or so owners get together to make a market crushing deal….
* Football’s labor lockout legal fees: which Biglaw firms scored huge touchdowns thanks to their collective bargaining work? The three top billers included Latham, Dewey & LeBoeuf, and Patton Boggs. [Am Law Daily]
* The sanctions for filing a 9/11 conspiracy claim cost $15K, but forever being remembered as the lawyers who got benchslapped for drafting “a product of cynical delusion and fantasy” is priceless. [Reuters]
* Jared Loughner is still incompetent to stand trial, and he’ll remain in the loony bin for another four months. You know what that means? Time to make this kid swallow some more pills. [Arizona Republic]
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
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: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.