Attorneys for Facebook went on the offensive yesterday, filing a bold motion to dismiss Paul Ceglia’s lawsuit, which claims a 50 percent ownership stake in the company.
Among other things, the motion, which is a product of an extensive forensic investigation, calls Ceglia’s case “a fraud and a lie.”
I am excited to see this motion, and I hope it succeeds. Ceglia and his cockamamie lawsuit have had their day in the sun. It’s time for Mark Z. to move on to bigger and better things, like handling the company’s impending IPO and fixing the stupid Timeline, which is currently only useful for seeing exactly how terrible my friends’ tastes in music are.
Anyway, let’s look at Facebook’s extensive allegations, as well as Ceglia’s unsurprisingly oddball responses….
The rumor mill has been churning nonstop over the past week about Dewey & LeBoeuf. In our recentstories about the firm, we’ve discussed reports of financial difficulties, partner departures, and possible layoffs of lawyers and staff.
During this time, firm management has remained fairly tight-lipped. But earlier this evening — a Friday evening, of course — the firm broke its silence. Chairman Steven H. Davis sent out a firm-wide memo, acknowledging the rumors and confirming that yes, Dewey will be conducting some layoffs and engaging in other cost-cutting measures.
We recently wrote about various developments at Dewey & LeBoeuf. There have been reports of the firm having some financial issues, and there have been some notable partner departures as well. Sources we’ve heard from at Dewey feel significant anxiety right now about the direction of the firm.
Let’s hear about the latest partner defections, as well as reports about how people are feeling at the firm right now….
DLA Piper scouts locations for its Mexico City job fair.
Some major law firms might be closing offices, but others are in expansion mode. For example, Sidley Austin is opening a Houston office, with partners snagged from several other big players in town. And that’s not the only expansion taking place in the southwest.
This led me to joke about a fictitious DLA Guadalajara office.
Evidently, my imagination failed me. It’s not “clear parody” if it’s something that could possibly happen. Next time we joke about a DLA expansion, we need to go to straight fiction. We need to start making DLA Mustafar jokes. Because expanding to Mexico just got real….
In 2009, Professor Martin H. Redish of Northwestern Law School published a book arguing that class actions are in large part unconstitutional: Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit (Stanford Univ. Press 2009). Where is the practicing bar?
I understand that nobody reads law review articles or books published by an academic press. And I wouldn’t condemn any practicing lawyer to reading any issue of a law review from cover to cover. But I don’t think it’s asking too much to insist that lawyers remain gently abreast of the academic literature in their field and deploy new ideas aggressively when scholars propose them. Redish’s book shows why in-house counsel should demand more of their outside lawyers.
This post is a two-fer: I’m going both substantive — by summarizing Redish’s argument about why many class actions are unconstitutional — and pragmatic — by criticizing law firms that ignore ideas springing up in the academy that should be used in litigation. (For me, drafting that two-fer is an unusual trick. As regular readers know, it’s typically hard to find even a single thought tucked into one of my columns.)
What does Redish say about class actions, and how have most law firms been derelict?
If you look back at the great law firm departure memos of years past, you’ll see that almost all of them were written by associates. When partners leave Biglaw, they tend to do so in rather staid fashion, presumably because they have less to complain about (although query whether that’s always the case; see, e.g., A Partner’s Lament).
Every now and then, you’ll come across a colorful farewell message penned by a partner. One such email, sent out last Friday by a longtime partner leaving a major law firm, is now making the rounds. Here’s a teaser: “I have realized that I cannot simultaneously meet the demands of career and family. Without criticizing those who have chosen lucre over progeny, let me just say that I am leaving the practice of law.”
Wow. So who’s the partner in question, which firm did he just leave with such flair, and what’s he planning to do next?
It’s hard to believe that another year has passed, but here we are. It’s December 31st, New Year’s Eve. The weather is turning cold, the Republican presidential contest is heating up, and it’s time to review this year’s biggest stories on Above the Law.
Consistent with past practice, we will refrain from offering our subjective judgments on the most important stories of the year. Instead, just as we did back in 2010 and 2009, we’ll identify the ten biggest stories of the past year as decided by you, our readers. With the help of our friends at Google Analytics, we’ve compiled a list of our top ten posts for 2011, based on traffic.
In terms of overall topics, the most popular category page for the year was Law Schools, for the second year in a row. This shouldn’t come as a surprise, since the year was an eventful one for the legal academy. It would be fair to describe 2011 as an annus horribilis for the law school world, with various forces laying siege to the ivory tower. The attackers include not just unemployed lawyers turned scambloggers, but the mainstream media, led by David Segal of the New York Times; plaintiffs’ lawyers, who have already sued several law schools (and have announced plans to sue at least 15 more in 2012); and even a tenured law professor calling for reform (Paul Campos, currently in the lead for 2011 Lawyer of the Year).
The second most-popular category at ATL: Biglaw. Although we’ve expanded our small-firm and in-house coverage dramatically here at Above the Law, adding multiple columnists in each space, our coverage of large law firms still draws major traffic and drives discussions.
Now, on to the ten most popular individual posts on Above the Law in 2011….
In the world of Biglaw, the subject of bonuses is a hot-button issue. People will disagree, often vehemently, on whether the bonuses paid by a particular firm are generous or cheap. To paraphrase an old joke, if you ask two people about bonuses, you’ll get three opinions.
Given these frequent differences of opinion, whenever we publish an Associate Bonus Watch post, we’re eager to get opinions and additional information from you, our readers. As you can see from looking back at our prior bonus coverage, we often update our bonus posts to add new information or another point of view. You can send us reactions to your firm’s bonuses — or news of bonuses we have not yet covered — by email or by text message (646-820-8477 / 646-820-TIPS).
Full disclosure: I have a disproportionate amount of lawyer friends who work at Sidley Austin. Their bonuses have caused all sorts of fun to happen in my inbox. Without even seeing the actual bonus memo, I could tell what was happening based on Gchats and text messages. Friends said things like:
“This joke stopped being funny days ago.”
“Is ATL hiring?”
“Sidley proves you right every single day.”
I like it when friends making three times as much money as I make feel comfortable complaining to me.
A college graduate without student loan debt is akin to reading a kind quote about Kim Kardashian in a tabloid—it’s rare.
In the past eight years, student loan debt has nearly tripled to a whopping $1.1 trillion, and in the past 10 years, the percentage of 25-year-olds with such debt has risen from 25% to 43%
It’s gotten so bad, in fact, that New York Fed economists warned last month that the burden of student debt could stilt consumer spending by twentysomethings, as well as further hamper the recovery of the housing market and economy.
To get a better idea of what massive student loan debt (we’re talking over $100,000 massive) looks like, we talked to an attorney who graduated with a large student loan debt. We also consulted LearnVest Planning Services CFP® Katie Brewer to see just how their repayment plans stack up.
S. Fischer, 36, Attorney Graduated: 2001
How Much I Borrowed: $100,000
What I Still Owe: $45,000
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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@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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