Earlier this week, we wrote about a pair of prominent partners at Skadden Arps who got hit with a big-time benchslap. A federal judge in Chicago issued an order to show cause, requiring the Skadden lawyers to explain why they should not be sanctioned for failing to cite a highly relevant (arguably dispositive) Seventh Circuit case when briefing a motion to dismiss. The judge also set “a status hearing in open court…. [at which the attorneys] are all directed to appear in person.”
The Skadden partners filed a contrite response. They apologized profusely to the court, explained why they viewed the Seventh Circuit as distinguishable, and argued that even though they erred, their conduct didn’t merit sanctions. They announced to the court that they had settled the case in question, with Skadden “contributing to the settlement amount in order to personally redress plaintiffs’ counsel for responding to the motion to dismiss.” (In a classy move, they also extracted their associate from under the bus, explaining that he played no substantive role in the briefing.)
Despite the apology and the settlement, the status hearing went forward as scheduled yesterday. What happened?
On the transactional side, things seem to be going gangbusters for Skadden Arps. As we noted yesterday, the firm took the top spot in three separate rankings of 2012 M&A work. In 2011, a different firm sat atop each set of rankings, but in 2012, Skadden ruled them all.
On the litigation side, though, the new year has brought new headaches for Skadden. Earlier this month, a high-profile partner at the firm, along with another partner and an associate, got hit with a big benchslap. A federal judge issued an order to show cause, asking the Skadden lawyers to explain why they should not be sanctioned, and set “a status hearing in open court…. [at which the attorneys] are all directed to appear in person.” Ouch.
Skadden recently filed its response to the OSC. Let’s review the benchslap, then see what the Skadden lawyers had to say for themselves….
It’s the last day of December, so it’s a good time to look back on the year that was. We’ll do what we’ve done for the past three years (wrap-up posts from 2009, 2010, and 2011 can be found here, here, and here) and identify the ten biggest stories of the past year as decided by you, our readers. With the help of Google Analytics, we’ve compiled a list of our top ten posts for 2012, based on traffic (as represented by pageviews).
By the way, for the third year in a row, the most popular category page on Above the Law was Law Schools. People have now been intensely focused on the declining value proposition of going to law school for as long as it takes to earn a Juris Doctor degree. Isn’t it time that we graduate from the current educational model?
The second and third most-popular categories on ATL in 2012 were Biglaw and Bonuses. Although this year brought us the largest law firm failure ever, nearly all other firms indiscriminately doled out offers to summer associates, and bonus season looked better for the first time in years. While the legal profession is still in transition, things are certainly looking up, and through the highs and the lows, we’ve been there to cover it all.
So what were the ten most popular individual posts at Above the Law in 2012? Let’s find out….
* “To do nothing in the face of pending disaster is to be complicit. It’s time to act. It’s time to vote.” What a convenient time to discover that the Department of Justice tabled new gun control proposals in favor of an upcoming election campaign. [New York Times]
* Rumor has it that the president will nominate Senator John Kerry to be secretary of state for his second term. Upon hearing the news, Hillary Clinton updated her Tumblr page before she caught a case of the vapors, fainted, and got herself all concussed. [CNN]
* “If you don’t know, then you have to plan for the worst.” Everyone’s pissed off about the possibility of being pushed off the fiscal cliff, but on the bright side, it’s creating a mountain of billables. [National Law Journal]
* Remember the judge who resigned after he accidentally showed a colleague a picture of the “judicial penis”? He was removed from office by a judicial ethics panel. How very effective. [Seattle Post-Intelligencer]
* And for the talent portion of the competition, Alicia Guastaferro, the pageant princess who was picked up for prostitution after getting caught with an attorney, will have her hooking charges dropped. [Huffington Post]
The only people who hate final exams as much as students are the professors who must eventually grade them. Some professors look at finals with open disdain. It takes them away from scholarship and they don’t even get the thrill of hearing themselves talk in a packed lecture hall.
Maybe it’s because so many professors hate giving exams that there seem to be so many screw-ups. Mistakes will happen, but often it doesn’t seem like schools have a clear plan of fixing mistakes in a way that is fair to all students.
NYU Law School has had its fair share of exam mishaps. It’s a long and embarrassing list.
But maybe NYU Law is finally starting to learn from past mishaps. Oh, the faculty still make mistakes when it comes time to administer exams, but this time the solution is that the professor is going to do extra work.
Then again, maybe it’s working extra hard after you’ve made an error that separates this famous NYU professor from the rabble….
There’s always something interesting going on over at Greenberg Traurig. Over the summer, we covered their capital call. Earlier in the year, we wrote extensively about the drama in Coquina Investments v. TD Bank, a case in which the firm got sanctioned. Last month, we mentioned in passing the firm’s quiet settling of claims brought by current and former NFL players alleging that the firm failed to warn them adequately about investing in an ill-fated Alabama casino project.
Last December, we brought you a story about some rather embarrassing news for Joe Amendola, Jerry Sandusky’s attorney (no, not this attorney). Apparently Amendola suggested that anyone who believed Mike McQueary witnessed a rape, reported it, and nothing was done about it, should dial 1-800-REALITY. As it turns out, 1-800-REALITY is a gay sex hotline, whose opening message begins like so: “Hey guys, welcome to the hottest place for triple-X action.” Amendola’s faux pas was shockingly inappropriate given the nature of Sandusky’s crimes.
Today, we’ve got yet another story about a law school graduate who inadvertently gave out the number for a phone sex line, but this time he’s not a defense attorney — he’s the Governor of Florida….
Lawyers aren’t exactly a loosey-goosey bunch when it comes to making mistakes. Sometimes they even intentionally blow small mistakes out of proportion in order to prevent goofs down the line. So what do you do when someone makes a pretty egregious mistake on the cover of a state legal guidebook? Well, as a tipster suggests, maybe “klil” yourself.
Barring such drastic measures, we recommend making jokes instead. Click thru to see the photo for our latest caption contest….
If you are considering a virtual law practice, you know that many of today’s solo firms started that way. But why are established, multi-attorney law firms going virtual?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Reduces malpractice risk
Enables you to gather the best attorneys to fit the firm, regardless of each person’s geographic location
Leverages mobile devices and cloud technology to enable on-the-spot client and prospect communication
Transitioning in-house is something many (if not most) firm lawyers find themselves considering at some point. For many, it’s the first step in their career that isn’t simply a function of picking the best option available based on a ranking system.
Unknown territory feels high-risk, and can have the effect of steering many of us towards the well-greased channels into large, established companies.
For those who may be open to something more entrepreneurial, there is far less information available. No recruiter is calling every week with offers and details.
In sponsorship with Betterment, ATL and David Lat will moderate a panel about life in-house and we’ll hear from GCs at Birchbox, Gawker Media, Squarespace, Bonobos, and Betterment. Drinks, snacks, networking, and a great time guaranteed. Invite your colleagues, but RSVP fast, as space is limited.
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 seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.