Partners With Issues

Winston & Strawn Tries To Rewrite History By Editing Out a Problematic Partner

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It’s clear that Winston & Strawn isn’t happy about all the publicity it’s getting over Jonathan Bristol, the Winston partner — or former partner? — who has gotten entangled with Kenneth Starr

In case you haven’t been following the case of Kenneth Starr — not the one who brought us the delectable Starr Report, but the one who managed money for celebrity clients and now stands accused of a $30 million investment fraud — Jonathan Bristol did legal work for Starr. Bristol is referred to in the criminal complaint as “Associate-4″ — not as catchy as “Client No. 9,” but it’ll do.

Since the Starr story broke, Winston has refused to comment on the case or to clarify Bristol’s current status at the firm. On the latter subject, there are conflicting reports:

Bristol is a Winston & Strawn partner who arrived at the firm from the now-defunct Thelen. Bristol is not charged with any crime and faces no civil charges. But he appears to be gone from Winston, though firm higher-ups and a spokesman will not comment publicly on Bristol’s status. Two sources familiar with the matter say Bristol is indeed gone from Winston, though one source close to the case insists that Winston did not terminate Bristol.

Regardless of whether he’s still connected to the firm, Jonathan Bristol is definitely gone from the Winston website. As in really, truly gone.

Last week, Winston removed Bristol’s bio from the firm website. But that’s not all. Winston went to the trouble of taking the November 2008 press release touting Jonathan Bristol’s arrival at the firm (along with several other Thelen lawyers), revising it to omit any mention of Bristol, and then putting it back on the firm website….

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Why Did John O’Brien Leave Sullivan & Cromwell?

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John OBrien John J OBrien headshot Sullcrom Sullivan Cromwell partner.jpgBack in April, we wondered about the departure from Sullivan & Cromwell of John O’Brien, a highly regarded and well-liked corporate partner who focused on M&A work. This development captured our interest because it’s unusual for lawyers to leave the (highly lucrative) partnership of a top firm like S&C.

When partners leave a place like Sullivan & Cromwell, there’s often a story behind the departure. E.g., Carlos Spinelli-Noseda (partner left S&C after billing clients and firm for more than $500,000 in fraudulent travel and entertainment expenses).

In addition, word on the street was that O’Brien was escorted from the building by security personnel. Partners are being asked to leave their firms with increasing frequency during the recession — but they’re not usually walked out by muscle.

So we decided to do a little digging.

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Another Sullivan & Cromwell Partner Has Left the Building

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Sullivan Cromwell LLP new logo Sullcrom.jpgThis year has been an interesting one so far for Sullivan & Cromwell. There has been happy news, like firm chairman H. Rodgin Cohen — banking M&A god, and a contender for a top Treasury Department post, before he withdrew — being named Dealmaker of the Year. There has been tragic news, like the killing of one S&C secretary (and the wounding of a second).

John OBrien John J OBrien headshot Sullcrom Sullivan Cromwell partner.jpgThis latest piece of news, like the pushing back of start dates to November 2 for incoming associates, falls somewhere in between. Above the Law has learned that John O’Brien — a corporate, er, “general practice” partner at S&C, where he handled “mergers and acquisitions, investment management, [and] corporate and securities matters” — has left the firm. He joined the firm in 1992 and made partner in 2001.

Multiple sources report that O’Brien’s departure was involuntary. Apparently he was removed from the building by security personnel, sometime last week. His removal came as a shock to many. According to one S&C tipster, O’Brien was known around 125 Broad Street as “a well-respected attorney and incredibly nice individual” — one of the nicest people at S&C.

(That may not be saying much, given the firm’s reputation for hiring folks like the infamous DB. But O’Brien was also highly esteemed for his legal skills at the uber-prestigious, super-successful firm, home to many great legal minds.)

Regardless of the exact reasons for John O’Brien’s departure — if you have information, please email us — it is confirmed that he is no longer with the firm.

He no longer appears on the external S&C website. Nor is he on the firm intranet, sources at the firm inform us. We called his former direct-dial number and received no answer. We called the main S&C switchboard and asked to speak with him. After placing us on hold for a long time, the receptionist returned to inform us that O’Brien “is no longer with the company” (and that she had no forwarding information for him).

It was all very reminiscent of the Carlos Spinelli-Noseda situation. As you may recall, Spinelli-Noseda — like O’Brien, a young, highly regarded, very well-liked corporate partner at S&C — mysteriously disappeared from the firm. Several months later, it came to light that Spinelli-Noseda defrauded clients and the firm (to the tune of $500,000, through submission of fraudulent travel and entertainment expenses).

Last night, we reached out to H. Rodgin Cohen and to a firm spokesperson for comment. Neither has gotten back to us yet; if and when we hear anything, we’ll let you know. If you have inside info, please email us, or call (212-334-1871, ext. 9).

More about John J. O’Brien and Sullivan & Cromwell, including cached versions of his firm and Martindale-Hubbell bios, after the jump.

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A Funny Thing Happened on the Way to New York
Pillsbury Admits Gaffe — and Looming Lawyer Layoffs

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Acela Business Class Amtrak.jpgTime for a brief follow-up to our earlier post about Biglaw partner Robert Robbins, head of the corporate practice of Pillsbury Winthrop, and how he spoke — a little too loudly, on a crowded Acela train — about the firm’s planned layoffs. You may have already seen it in the comments, but in case it got lost in the shuffle, the firm has confirmed the gaffe (and the layoffs).

After getting its act together — the Pillsbury website was down for a while today, which some commenters attributed to web traffic resulting from the mini-scandal — the firm issued a statement to The Recorder (via Legal Pad):

It is an unfortunate fact in today’s economy that no business or law firm can rule out adjustments to their overall workforce levels. This includes Pillsbury, and, among other cost cutting measures, we will be implementing reductions to ensure that our resources are aligned with our business needs. We apologize for the unfortunate manner in which our deliberations about reductions have become public.

Robert Robbins Bob Robbins Pillsbury Winthrop.jpgWe reiterate our earlier advice: Pillsbury associates, start your engines laser printers, and crank out those résumés. It’s time to move on. Bob Robbins is coming for you.

We’ve collected selected links to coverage by other outlets — heck, it even made Gawker — of the “unfortunate” incident. Enjoy.

Update: And Instapundit, too.

Pillsbury Confirms Loudmouth’s Layoff Gaffe [Legal Pad / The Recorder]
Pillsbury Accidentally Announces Layoffs on Train [Am Law Daily]
Pillsbury Layoffs Leaked By Partner on Train [The BLT: The Blog of Legal Times]
Doughy Pillsbury Lawyer Demonstrates Why You Should Shut Up on Your Cell Phone [Gawker]
Message to Law Partners [Instapundit]

Earlier: A Funny Thing Happened on the Way to New York (Or: Pillsbury associates, brace yourselves.)

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A Funny Thing Happened on the Way to New York
(Or: Pillsbury associates, brace yourselves.)

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Acela Business Class Amtrak.jpgLaw firm partners need to watch more Gossip Girl. If they did, they’d learn the perils of talking about private matters in public places. In the age of BlackBerrys, texting, and cameraphones, it’s ridiculously easy for tipsters to leak details of overheard conversations and not-so-secret rendezvous to their favorite online gossip girl (or boy — XOXO, Lat).

Last year, we wrote about a Thelen partner who was overheard discussing her firm’s layoffs on the subway. Last night, we received this information, from a law student traveling from D.C. to New York:

This afternoon I boarded a train from Washington bound for Penn Station…. I, along with all of the other passengers, were sitting quietly when the man directly behind me decided to make a phone call using his bluetooth. He was talking so loudly that I think most people in the car were able to hear him.

His conversation, though he stressed how necessary it was to be kept secret (ah, the irony), detailed the current plans of Pillsbury to lay off somewhere in the range of 15-20 attorneys from four offices by the end of March, including a few senior associates with low billable hours and two or three first-year associates. I wouldn’t have believed it except for the fact that he identified himself to the call as Bob Robbins, who I learned is the leader of the firm’s Corporate & Securities practice section, and was talking to Rick Donaldson, who I learned was COO. What’s more, he was NAMING NAMES over the phone!

After we expressed skepticism over this wild story, including the tipster’s ability to catch the names of both Robbins and Donaldson, we received this response:

Robert Robbins Bob Robbins Pillsbury Winthrop.jpgI agree it’s pretty wild. I wasn’t trying to overhear, but I had no choice because of the proximity. The name “Robbins” I remembered because he said it so damn loud. I went to their website, and the picture [at right] was an exact match. He was big enough to fit almost two chairs.

“Donaldson” I didn’t remember as clearly. I remembered that it began with a “Do” and thought it was “Dotson,” but there was no “Dotson” on the site — just “Donaldson.” Also, he called him “Rick” a few times.

Says our source, in explaining the decision to tip off ATL:

Before today, I have never even considered posting on this website, but I was so mortified by my experience…. I’ve heard of attorneys being reprimanded for discussing client matters in an elevator. Where does airing your own firm’s dirty laundry on an express train fit on the list? I don’t know if there is a way that you can independently verify this, but if so, please do.

Partial verification, after the jump.

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(Or: Pillsbury associates, brace yourselves.)”

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Those aren’t my Herpes… Then whose Herpes are they?

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Frederick Tanne Kirkland Ellis.jpgIn September, Kirkland & Ellis partner Frederick Tanne sued his wife, her lover, and her father for giving him herpes. (We mentioned this lawsuit in passing in Morning Docket at the time of the complaint, and many of you complained about the item not getting its own post. Well, here you go!)

Tanne claimed to have discovered his wife’s infidelity when he found herpes-treatment medicine in their bathroom. According to the New York Post, Tanne got tested for herpes and “discovered he was infected with the incurable virus.” He sued his wife, accusing her of multiple extramarital affairs, and seeking compensation for medical bills, lost wages and pain and suffering.

Mrs. Tanne’s dad is a doctor, and prescribed the herpes medication Valtrex to her. He denied his daughter had an affair. His explanation:

[Amy Tanne's father, Samuel] Messing denied that his daughter was infected.

“My daughter does not have genital herpes,” he said. “This is pure nonsense. I prescribed Valtrex for a cold sore on her lip. She never had a cold sore until she married him.”

He also denied that his daughter ever had an affair.

“He just wants to make things difficult for my family,” Messing said.

The doctor may be a reliable expert witness. The embarrassing twist in the case, after the jump.

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Former Sullivan & Cromwell Partner Resigns for Defrauding Clients and the Firm (to the tune of $500K)

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Carlos Spinelli Noseda Carlos J Spinelli Noseda Sullivan Cromwell Above the Law blog.jpgBack in July, we were the first to wonder about the mysterious departure from Sullivan & Cromwell of Carlos Spinelli-Noseda, a rising star at the über-prestigious (and profitable) law firm. Some commenters viewed our interest in his departure as unseemly, prying, or reflecting bias against S&C.

We don’t mean to gloat — okay, maybe just a little — but we’ve been vindicated by recent revelations. From a report by Anthony Lin in the New York Law Journal:

A former Sullivan & Cromwell partner has resigned from the bar for billing his clients and firm more than $500,000 in fraudulent travel and entertainment expenses.

Carlos J. Spinelli-Noseda, a banking and finance specialist who joined Sullivan & Cromwell straight out of Harvard Law School in 1994 and became a partner in 2003, was facing a disciplinary investigation over a pattern of improper billing dating from roughly July 1998 to February 2008.

In a June 3 affidavit of resignation he submitted to the disciplinary committee of the First Department, Mr. Spinelli-Noseda admitted he could not successfully defend himself against charges of professional misconduct. Such resignations are frequently tendered when further proceedings are almost certain to lead to disbarment.

Read more, after the jump.

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Lawyer of the Day: Ira Schacter

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Ira Schacter Ira J Schacter Ira Schachter Ira J Schachter CWT.jpgWhen a Biglaw partner is accused of domestic violence, we can’t help but honor him as ATL’s Lawyer of the Day. But we must note that this article from the New York Daily News drips with lawyer hatred, in describing a case where the attorney was not convicted.

They didn’t even spell Cadwalader partner Ira Schacter’s name correctly. We’ve put the perceived lawyer hatin’ in bold:

A high-powered Manhattan lawyer was cleared of wife-beating charges Tuesday — even though cops said his estranged wife was hurt in a scuffle last fall at the couple’s East Side townhouse.

Ira Schachter, a partner at the white-shoe firm of Cadwalader, Wickersham and Taft, was freed despite dramatic photos that appear to show him causing a commotion outside the pricey brownstone on E. 78th St.

Manhattan Criminal Court Judge Larry Stephen also scrapped an order of protection against Ira Schachter, 48, after prosecutors said they couldn’t prove the case against him….

Ira Schachter walked out of court surrounded by an entourage of powerful lawyers, including divorce lawyer Raoul Felder and Ira Sorkin, former head of enforcement at the federal Securities and Exchange Commission.

Not to say that beating your wife is okay. His wife claims he choked her, and police photos showed bruises on her head and neck. Schacter claimed it was self-defense after his wife bit his finger “to the bone.”

What do our sources have to say about Ira J. Schacter?

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An Email Oopsie, By A Legendary Litigatrix

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It’s not just Pepper Hamilton. Email screw-ups are committed by even the most renowned lawyers — like longtime Skadden Arps partner Sheila Birnbaum, a living legend of the product liability defense bar. As we previously wrote, “Birnbaum, who heads Skadden’s Complex Mass Tort and Insurance Group, has a nickname reflecting her expertise: ‘The Queen of Toxic Torts.’”

From the Insurance Coverage Blog:

Some of [Mississippi Attorney General] Jim Hood’s proneness to gaffes must have rubbed off on Sheila Birnbaum of Skadden, Arps, a lead counsel for State Farm, when she was down in Mississippi to hear Hood testify February 6….

Birnbaum accidentally replied to all the people on the distribution list for an e-mail Hood’s press spokeswoman sent out this morning to a number of people, including reporters. Birnbaum thought she was responding to other State Farm lawyers.

Ah, the perils of “reply all.” Perhaps a CLE course should be given on how to use it properly?

(Part of the class could be devoted to client confidentiality issues. I Can Haz Ethics Credits?)

P.S. Birnbaum, by the way, does very nicely for herself. Back in May 2001, Forbes published an interesting list of some of the country’s highest-paid corporate lawyers. Birnbaum reportedly earned $3.8 million a year — and that was back in 2000-2001, before the latest Biglaw boom.

State Farm attorney mistakenly sends query about having Hood held in contempt to reporters, Hood’s press spokesperson [Insurance Coverage Blog]
Email May Hurt State Farm, Miss. Truce [AP via Forbes]
Highest Paid Corporate Lawyers – 2001 [Forbes]
Sheila L. Birnbaum [Skadden]

Earlier: ATL Practice Pointer: When Emailing Super-Sensitive Settlement Information, Double Check the Recipient List
Separated at Birth: Sheila Birnbaum and Harold Koh?

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Wherein We Hear From john quinn of Quinn Emanuel

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For whatever reason, Quinn Emanuel — the highly prestigious, super-profitable litigation powerhouse, with offices in California and New York — has received a disproportionate amount of coverage here at ATL. As we previously wrote, “we have a lot of tipsters over there. It seems that QE associates love to talk about their firm, for good or ill.”

And it’s not just associates. Last night we received an email from John Quinn, the “legal titan” and “known litigation genius” who founded Quinn Emanuel. In his long and detailed email, Mr. Quinn addresses several of the criticisms of QE that have surfaced on ATL. This was our favorite part:

it has been suggested that i do not use capital letters in my typing in an effort to be “cool.” i am not cool; wish i was, but after 56 years i don’t think it is going to happen. the fact is i am not coordinated enough to hit the shift button with one hand and a letter with the other.

Check out his complete email — in which he addresses a whole host of topics, including billables, bonuses, partnership decisions, partner compensation, and even office supplies — after the jump.

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