Orrick Herrington & Sutcliffe

Unless you are working on fixing this, you might not be ‘essential’ today.

I was feeling pretty goddamn sorry for myself yesterday afternoon. I was working when it felt like everybody else on the Eastern seaboard had the day off. I wanted to sit in bed and watch Homeland instead of writing whatever the hell I wrote yesterday. I couldn’t even get a pizza delivered. When New York City immigrants aren’t out there trying to make a buck, you know things are shut down.

But then a crane nearly fell down and I realized that a bunch of people were “remoting in” and trying to work or appear to be work, and it made me feel better. Who are these clients that needed “service” yesterday? What the hell do they want today? Honestly, the worst part about being a lawyer with clients is that I believe “client” is Greek for “unreasonable omega-hole.”

Did you work yesterday? What is your firm’s “storm plan” to keep you billing hours instead of taking A DAY OR TWO off? There are some fun stories about Cravath’s and Orrick’s emergency keep working plans. Let’s take a look and take a poll to see who is really working today…

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Scenic waterfront of Wheeling, West Virginia. And the town got a traffic light too!

We’ve written extensively about the offices of Orrick in Wheeling, West Virginia. It’s the place where non-partner track associates go to perform the kind of quasi-paralegal tasks that you really shouldn’t have to pay somebody $160,000 a year to get done.

Here’s the thing about these “onshore,” “insourcing” operations: they are successful. Ridiculously successful. In an article in the Pittsburgh Post-Gazette, Orrick chairman Ralph Baxter called the decision to open the Wheeling center “one of the smartest decisions we’ve ever made for the firm and our clients.” And that’s coming from a man who made the smart decision not to merge with Dewey Ballantine.

That’s why every Biglaw managing partner, and every law student thinking of taking out hundreds of thousands of dollars to go to law school, should pay attention to what’s going on in Wheeling…

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Hey boss, plz stop thnx.

* Global agribusiness group Monsanto Co was awarded $1 billion in a patent infringement case against DuPont for improperly duplicating some kind of crazy seed technology. [New York Times]

* For particularly thick-headed employers who don’t understand it’s a bad idea to ask employees for Facebook passwords, now Illinois will fine them $200 for doing so. [Chicago Tribune]

* A federal judge in Washington sanctioned well-known plaintiff’s attorney Joy Ann Bull for filing grossly inflated fee statements. She was consequently asked to resign her partnership at Robbins Geller Rudman & Dowd. Welcome to the breadline! [LegalNewsline]

* Should a trial judge who is a Brooklyn Law grad recuse himself from a case against Brooklyn Law filed by Brooklyn Law alumni? Meh… [National Law Journal]

* As Ralph Baxter nears retirement, who will be chosen to lead Orrick, Herrington & Sutcliffe? [Am Law Daily]

* The Ninth Circuit already issued an injunction against Arizona’s new late-term abortion ban. Like they say, it’s all about shakin’ hands and killing kissin’ babies. [Thomson Reuters News & Insight]

* The psychiatrist James Holmes was seeing at the University of Colorado was so alarmed by his behavior sometime before his alleged shooting spree that she notified the school’s “threat assessment team,” but apparently nothing was done. Looks like someone missed the assessment boat, by like, and ocean or two. [Denver Post]

We have covered the lawsuit filed — and tenaciously fought — by Paul Ceglia against Facebook and Mark Zuckerberg for quite some time now. The embattled entrepreneur/businessman/whatever claims he owns 50 percent of Facebook, according to a contract allegedly signed between him and Zuckerberg back in 2003.

To be frank, Ceglia is not the most popular litigant. He has been fined by the court, dropped as a client by several respected firms, and roundly criticized by Facebook’s counsel and by the media (including some writers for this particular publication).

Today, we have some updates in the case. Facebook’s attorneys at Gibson Dunn are not impressed, but Ceglia claims the new developments could be game changers. Oh yeah, and we also have an interview with Paul Ceglia, where he dishes on the Facebook case, his other inventions, and his general opinion of the legal profession…

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That’s the question the WSJ Law Blog just asked about the [pick your favorite adjective: beleaguered / collapsing / flailing / troubled] law firm of Dewey & LeBoeuf. Today brings big, bad news for Dewey: bankruptcy superstar Martin Bienenstock is taking his practice to Proskauer Rose. He’s moving with five other partners — Philip Abelson, Irena Goldstein, Timothy Karcher, Michael Kessler, Judy Liu — and nine associates.

Dewey’s loss is Proskauer’s gain. “He is absolutely the crown jewel over there, a fantastic lawyer who will be a great partner,” a current Proskauer partner told us. “This is going to vault us into the company of Kirkland and Weil, giving us one of the top bankruptcy practices in the country. We are really thrilled.”

As you may recall, Bienenstock was a member of the five-person Office of the Chairman at Dewey. As my colleague Staci Zaretsky wondered earlier today, “Dewey seriously have one chairman again?” With Bienenstock to Proskauer, Jeffrey Kessler to Winston & Strawn, Richard Shutran to O’Melveny & Myers, and Steve Davis off to who knows where, only Charles Landgraf remains in the chairman’s office. (Note that Landgraf’s bio is still on the Dewey website.)

Bienenstock’s departure doesn’t mark the end of Dewey’s difficulties. Let’s review the latest news….

Of course we’ve added UPDATES, after the jump.

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(Plus an actual lawsuit, a possible lawsuit, and a partner’s theory of blame.)”

About two weeks ago, we covered reports about Dewey & LeBoeuf possibly shedding some of its overseas offices. We noted at the time, however, that the reports were vague, and we added that some D&L sources denied the existence of plans for closing any specific foreign office.

Well, the reports are getting increasingly detailed. Word on the street is that D&L might shutter three of its offices in the Middle East. And the firm’s Moscow office is reportedly being courted by other major U.S. law firms.

Which offices are being considered for closure? And who are Dewey’s suitors in Moscow?

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(Plus more about Dewey’s loan covenants.)”

The firm of Orrick, Herrington & Sutcliffe has been a leader in instituting a merit-based compensation system. Two aspects of their system make Orrick’s commitment to merit-based seem genuine:

1. Partners put in significant time so that merit evaluations are more than just hours cut-offs.
2. Orrick is transparent about how many people get paid.

You can’t run a merit-based system with a Jones Day-like approach to transparency without everybody feeling like they are secretly getting screwed. If you do it out in the open, at least the low-hanging fruit will know that other, better work paid off for others in their class.

So let’s look at the memo. While Orrick generally does a good job of looking at associate productivity instead of mere man-hours, make no mistake, the firm still wants you to bill, and in a timely fashion….

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This morning’s news that Boies Schiller is making a mockery of the Cravath bonus scale simply reinforces the prevailing view (pace David Lat) around here that the 2011 Cravath bonus scale is fundamentally unfair.

Agreeing on this point is former Kirkland & Ellis partner Steven Harper (whose apparent pro-associate stance may make him a sort of Biglaw apostate). As Harper points out, “equity partner profit trees have resumed their growth to the sky. As the economy struggled, Cravath’s average partner profits increased to $2.7 million in 2009 and to $3.17 million in 2010 … That’s not ‘treading water.’ It’s returning to 2007 profit levels — the height of ‘amazing’ boom years that most observers had declared gone forever. Watch for 2011 profits to be even higher.”

And yet associate bonuses remain stagnant at 2009 levels. Furthermore, as ATL commenter “The Cravath Cut” is so fond of noting, when viewed as a percentage of profits, bonuses appear especially measly, at least from the associate p.o.v. (The current $7,500 market rate for first-years is just 0.23% of Cravath’s profits per partner. Back in 2007, first-year bonuses equalled 1.36%.) Despite these numbers, if history has taught us anything, it is that you can kill anyone Biglaw’s rank and file will follow Cravath’s lead.

Cravath is among the most profitable firms in the world. We thought it would be interesting to see what the implications of matching Cravath are for those firms with much lower profit margins. Which firms’ partners willingly take the biggest hit by keeping up? Are these firms arguably more “generous”? After the jump, check out those firms that pay the largest percentage of PPP in bonuses.

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Welcome to the West Coast edition of the Career Center’s Top Partners to Work For. For the past few weeks, we have revealed the best partners to work for in New York and Washington, D.C., as nominated by you, our readers.

Now we make our way across the country to present you with the first set of California partners who hail from the prestigious firms of Sidley Austin, Sedgwick, DLA Piper, Orrick, Arent Fox, and Sullivan & Cromwell.

Let’s find out why these six partners are truly stellar….

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Stop sexually harassing me.

* Now trending on the Election 2012 campaign trail for Republicans: attacks on the federal court system. Be prepared for SCOTUS term limits and other ridiculous propositions. [New York Times]

* After some bratty behavior from MGA Entertainment, Orrick was allowed to withdraw as counsel. Maybe they’re using the unpaid $3.85M in legal fees to buy noses for their dolls. [WSJ Law Blog]

* Paul Ceglia’s latest lawyer, Dean Boylan, is used to working with fabricated evidence. He was just ordered to pay $300K in damages for creating some fake kiddie porn. [Bloomberg]

* Cate Edwards got married this weekend. Was daddy sporting another $400 haircut when he walked her down the aisle? [Hollywood Reporter]

* Who wins the prize for being the number one deadbeat taxpayer in New York’s Upper West Side? A lawyer with $1.2M in tax liens, that’s who. [New York Post]

* “It would be better if you didn’t wear any underwear to work.” The trials and tribulations of being a female bartender in Manhattan, now brought to you in lawsuit form. [New York Daily News]

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