* It’s Alito time, bitch! If you were wondering about any of the cases in which the justice recused himself last year, his latest financial disclosure report is quite telling. [Blog of Legal Times]
* Yet another appellate court has ruled that Obama’s recess appointments to the NLRB were unconstitutional. Alright, we get it, just wait for the Supreme Court to rule. [TPM LiveWire]
* Hey baby, nice package: With stock awards soaring, general counsel at some of the world’s largest companies had a great year in 2012 in terms of compensation. [Corporate Counsel]
* NYU professors want Martin Lipton of Wachtell Lipton to swallow a poison pill and step down from the school’s board of trustees over his ties to the University’s unpopular president. [Am Law Daily]
* Now that they’ve stopped acting like the doll they were arguing about in court, MGA has put aside its differences with Orrick to amicably settle a fee dispute in the Bratz case. [National Law Journal]
* Who needs to go on a post-bar vacation when you can take a vacation while you’re studying for the bar? This is apparently a trend right now among recent law school graduates. Lucky! [New York Times]
* A man puts assets into his pin-up wife’s name on advice of counsel, she files for divorce, and the firm allegedly takes her as a client. This obviously happened in Florida. [Daily Business Review (sub. req.)]
* Homeland Security Secretary Janet Napolitano is leaving the cabinet to head the University of California system. That’s a natural transition because UC already treats its students like threats to national security. [The Faculty Lounge]
* Texas banning tampons from the Texas Capitol building in advance of abortion vote. Guns are still fine though. In the words of the inimitable Spencer Hall, “But what about a gun that FIRES tampons, Texas?” [Huffington Post]
* Three years for stealing an iPhone from a child. I guess it’s like taking Candy (Crush) from a baby. [Law and More]
* If you stop to think about it, someone should totally have sued the camp from The Parent Trap (affiliate link). If for no other reason than the likelihood Lohan was dealing to all the other campers. [Crushable]
* An iOS app for creating semi-bespoke contracts. That’s cool, but I’ll stick to Temple Run, thanks. [Associate's Mind]
Ed. note: Above the Law will not be publishing on Monday, May 27, in observance of the Memorial Day holiday.
* Manhattan Justice Paul Wooten has ordered CBS to produce all emails between it and the Brooklyn DA’s office concerning “Brooklyn D.A.” and ordered a hearing this afternoon. CBS attorneys are irritated. Now they know how everyone feels when they have to watch Two and a Half Men. [WiseLaw NY]
* Lois Lerner, the embattled IRS supervisor at the heart of the recent scandal, invoked the Fifth Amendment in her congressional hearing, but in a way that may open the door to contempt. Ironically, maintaining innocence while invoking the Fifth opens one up to “heightened scrutiny.” As noted in Morning Docket, she’s been put on administrative leave. [Simple Justice]
* T.J. Duane, a co-founder of Lateral Link, was named one of the 17 Stanford business students who is going to change the world. Duane is working on technology to “provid[e] solo and boutique attorneys the benefits without the drawbacks of big law.” That’s much better than my proposal to provide solo and boutique attorneys the drawbacks without the benefits of big law, which is just a device that passive-aggressively second-guesses every decision a lawyer makes. [Business Insider]
* The U.S. Chamber of Commerce has asked theSupreme Court to uphold the D.C. Circuit’s decision holding Obama’s NLRB recess appointments unconstitutional because the appointments caused “major confusion for both employers and employees alike.” They’ve got a point. Not having a quorum on the NLRB because the Senate refuses to confirm anyone and plays parliamentary games does provide certainty… the certainty that the NLRB cannot function and it’s a free-for-all against workers. [Free Enterprise]
* Law school applications are down, but not as drastically as expected. [Faculty Lounge]
* In any event, law schools are facing an economic reckoning dubbed “Peak Law School.” [Lawyers, Guns & Money]
* A new CBO report analyzes the impact of a carbon tax, in case you’re preparing to start papering cap-and-trade deals. [Breaking Energy]
* Do potential clients really care about social media? I “Like” this story. [Associate's Mind]
* Courtesy of the ABA Journal, you can check out the swag Chief Justice Roberts and Eric Holder got from foreign nations in 2010 after the jump…
* The National Labor Relations Board, now with fewer recess appointments! Partners from Arent Fox and Morgan Lewis were nominated to fill seats necessary for the board’s quorum. [National Law Journal]
* Shearman & Sterling seems to be bucking the Biglaw system. The firm is cutting pay for high earners and increasing it for lower-ranking attorneys. We’ll probably have more on this later today. [Reuters]
* Dentons (formerly known as SNR Denton) recently poached a six-partner team led by Stephen Hill from Husch Blackwell to bolster its white collar practice. Welkom too teh furm, guise! [Am Law Daily]
* “It is technically more legal to screw a walrus than to get gay married.” You know you live in a very sad place when not only do article headlines like this exist, but they’re also CORRECT. [Death and Taxes]
* An American Eagle pilot is facing attempted drunk flying charges. Yes, that’s a thing, but come on now, anyone who’s seen the movie Flight knows you can fly a plane while you’re wasted. [Bloomberg]
* Lindsay Lohan blew off a deposition in Los Angeles yesterday. Cut the girl some slack; she had to appear on the Late Show with David Letterman, which was way more important. [Contra Costa Times]
Merrick Garland, chief judge of the U.S. Court of Appeals for the D.C. Circuit since last week, is dreading March 1.
With heavy stress on “not,” Chief Judge Garland said he does “not look forward” to the potential sequester because he knows that it would mean cuts and that he would have to make them.
Garland, along with fellow D.C. Circuit Judge Thomas Griffith and Senior Judge Laurence Silberman, spoke Saturday at the Georgetown University Law Center, as part of the J. Reuben Clark Law Society’s annual conference. I attended the panel presentation.
One positive of the new job for Garland is that he can make more writing assignments. Like Justice Breyer, he was a longtime junior judge. Translation: He had to take what he was given to write.
“The public has seen [Garland’s] last opinion on energy law,” Griffith predicted.
Read more about the panel, including Silberman’s jabs at the recess appointments decision, Griffith’s magical (?) clerk gift, and Garland’s limited edition headgear for a court party, after the jump….
It’s been so long since Obama lost something I was beginning to forget what it looked like.
In a reminder that just because the Senate is a dysfunctional band of elderly people doesn’t mean you can put them in a home and wait for them to die, the U.S. Court of Appeals for the D.C. Circuit knocked down some of the president’s recess appointments.
In January 2012, Obama made some recess appointments to the National Labor Relations Board when the Senate wasn’t really in recess. The D.C. Circuit today says that he can’t do that.
Which might, you know, throw out a year’s worth of NLRB work. And it might be bad precedent for the big recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau…
* Even if law schools changed their teaching methods to include more experiential learning opportunities, would anyone care? To that, the latest hiring patterns say: “LOL, srsly?” [National Law Journal]
* Joran van der Sloot has been sentenced to 28 years for the murder of Stephany Flores. Parents will now be able to allow their college-aged kids to spend spring break in Aruba until 2038. [CNN]
* There’s a new chief legal officer at Morgan Stanley: Eric Grossman, a former Davis Polk partner, replaces Frank Barron, a former Cravath partner (who joined Morgan Stanley not that long ago; if you know more about this odd situation, email us). [Bloomberg Businessweek]
* Will anybody be surprised if it turns out that Ron Paul likes to fire people too? [Politico]
* Most people will just ignore the balanced budget amendment as proposed by Chuck Woolery (yes, that Chuck Woolery), but on the off chance that somebody actually says to you, “You know, Chuck Woolery has some really good ideas,” here’s somebody who took the time to smack the Chuckster down. [Recess Appointment]
Four months ago, you revised your company’s policy on employees’ use of social media. The policy said all the right things: When employees use social media, they should respect the rights of others and treat people with dignity; obey the company’s code of business conduct; maintain corporate confidences; and so on.
Unbelievably, some recent communications from the National Labor Relations Board suggest that each of those provisions (except for the “and so on”) could actually cause your company some labor pains. Why?
Here’s the easy part: The National Labor Relations Act protects employees who engage in “concerted activities” for the employees’ “mutual aid or protection.” Those words apply across the workforce and are not limited to unionized employees. An employee acting solely on his or her own behalf is not engaging in “concerted activities.” On the other hand, consider an individual employee who is working with (or on the authority of) other employees, or is trying to induce a group of employees to act, or is bringing group complaints to the attention of management. The NLRA may protect all of those activities, and an employer may violate the NLRA if it maintains a rule that could reasonably “chill employees in the exercise of their” rights.
What does that mean for the three examples suggested in the opening paragraph of this post?
Moreover, some fundamental rules of online conduct are beginning to look like artifacts from a bygone era when people were crazy for RAZRs and nu metal.
Gone are the days of not Facebook friending coworkers. Online oversharing on social networking sites has simply become sharing. And workplaces have to adjust their rules and policies accordingly.
A National Labor Relations Board report released last week attempts to explain the changing legal standards for social media usage in the workplace. Written by the NLRB’s general counsel, Lafe E. Solomon, the document provides several case studies to illuminate how much smack-talking employees can do online while remaining legally protected.
In short, it’s a lot. Still, not quite everything is different. Calling your boss a “super mega puta” will still land you in the chokey. More on this and some of the other case studies, after the jump….
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.