It’s not just the federal government that’s desperate for money. The states are, too.
One way that states are looking to fill their coffers is by auditing unclaimed property on companies’ books — so-called “escheat audits.” This isn’t the world’s sexiest topic, but an in-house lawyer might serve a valuable purpose by double-checking corporate escheat policies.
In the financial services industry, many companies must deal with unclaimed deposits and securities. But even outside that sector, most companies find themselves holding unclaimed property, in the form of uncashed vendor or payroll checks, undistributed benefits payments, or the like. Complying with escheat laws may pose a challenge.
States are now doing two things related to escheat laws to increase their revenue. First, they’re shortening the amount of time that a holder can retain unclaimed funds before turning those funds over to the state. Second, states are accelerating their use of “escheat audits” — auditing corporate books to see whether companies have complied with the applicable laws.
This has recently become big business — with implications for in-house counsel….
The case for same-sex marriage should rest less upon dollars and cents and more upon fundamental principles of fairness (as recently argued by Professor Jaye Cee Whitehead in a New York Times op-ed piece). But it’s certainly the case that money matters should not be overlooked when it comes to marriage equality.
We’ve previously discussed a non-salary benefit that we’ve nicknamed the gay gross-up. Here’s one concise definition: “A ‘gross-up’ for employees who enroll same-sex partners in the Firm’s health benefits plans to offset any federal, state and local income taxes paid on the value of the partners’ benefits which heterosexual spouses are not subject to.” (Currently gay couples in which partners receive employer-provided health benefits are taxed on the value of those benefits, due to the fact that, thanks to the Defense of Marriage Act (DOMA), federal law — including federal tax law — doesn’t recognize same-sex unions.)
The gross-up is not a perk that affects a huge number of employees, to be sure. But having it sends an important message about a firm’s commitment to equality and inclusion.
Where did we obtain that handy definition of the gross-up? From the benefits page of a top law firm that recently started offering this benefit. It’s one of two elite law firms that recently boarded the gay gross-up bandwagon….
A tipster asked: “How is giving a potential future employer your Twitter ID a good idea?” Well, what if you’re getting free food?
The massive law firm of Skadden Arps is doing a fun little recruitment event at NYU Law School, during finals. They’re feeding the masses! New Yorkers have an affinity for eating food that is sold out of a truck because… well, only civilized people live with millions of strangers right on top of each other, on a rock infested with roaches and mice.
So, yeah, throwing pizza and hungry NYU students from a moving vehicle makes a lot of sense from a New York state of mind.
But would you be willing to give Skadden your Twitter handle? For a slice of pizza?
I recently met Ray Zolekhian at a wedding. He went to Harvard Law School, worked as an associate at Skadden in Los Angeles, and started his own law firm with a friend, Robin Hanasab.
As soon as I heard Zolekhian’s background, I immediately guessed that he started a personal injury firm. Isn’t that the most natural progression?
Apparently so. Founded in July 2009, Hanasab & Zolekhian, LLP began as a firm specializing in restructuring commercial real estate loans. The firm then transitioned to personal injury litigation, because the founding partners found the work interesting and lucrative. But Zolekhian had no background in personal injury; according to Zolekhian, the pair was “thrown into the fire.” They were not devoid of help, however, and benefited enormously from the resources and mentoring given by other attorneys in the close-knit plaintiffs’ bar.
Personally, I think it’s time for Biglaw associates in the class of 2010 to drink a tall glass of shut the hell up. They got jobs at a time when many of their classmates did not. They received $160K salaries just after there was a significant effort by some firms to push starting salaries down to $145K. Most of them got to start sometime in 2010… in the same year many of the people in the class of 2009 got to start. And, as far as we know, none of them have been Lathamed and had their careers aborted before they even started.
Are things as easy for the class of 2010 as they were for the class of 2006? No. But sometimes I think that the current n00bs forget that they could have been cast back down with the sodomites in the class of 2009.
But, that’s just me. And I’m old and irritable and have lost sight of the youthful exuberance that makes a person sing “I want it all, I want it all, I want it all, and I want it now.” It turns out that first-year associates don’t want to wait until they mature into a class worthy of a full bonus at the end of 2011. They want whatever bonus money they can get out of 2010, and they are angry at the firms that are not paying up.
The Cravath-level spring bonus for the class of 2010 is only $2,500 at the firms that are paying spring bonuses to first years. And so we have two disgruntled groups: people who work at firms not paying a spring bonus to first years, and people who feel the $2.5K is “illusory” because it’s prorated based on when the associate started at the firm.
Joe Flom, R.I.P. — and R.I.C.H. As you might expect from the name partner of one of the world’s largest and most lucrative law firms, Flom left behind a vast fortune.
It might seem tacky to talk about this. But that hasn’t stopped us before given Flom’s commitment to charity, it’s actually heartwarming to see all of the worthy causes that will be receiving much-needed funds from the Flom estate.
So how much are we talking about? And who are beneficiaries of his will?
So this month, we went out of our way to nominate potential Lawyers of the Month who were still breathing. The desire of our readers to bestow this honor posthumously is laudable, but we don’t want to this feature to end up like the “dead people” reel at the Oscars, where folks bet on which deceased celebrity will get the most applause.
Being forced to choose only among living candidates, Above the Law readers perhaps started another trend we’re sure to see in future Lawyer of the Month contests: they voted for a guy who is no longer a practicing attorney…
“Aww, Matt, why do you have to go around giving us a bad name?”
Ever since Matthew Kluger was charged in a massive insider trading case, involving an alleged conspiracy that spanned 17 years and generated more than $32 million in profit, the foregoing question could be asked by many groups: Cornell grads, NYU law grads, Cravath lawyers, Skadden lawyers, and Wilson Sonsini lawyers.
Tonight we can add more groups to the list: Fried Frank lawyers, and gays — specifically, gay dads.
As reported by the Wall Street Journal earlier tonight, Matt Kluger worked at yet another major law firm: Fried Frank. After he was fired by the firm in 2002, he sued, claiming that partners there discriminated against him because he’s gay — and a father of three, with parenting responsibilities.
Just when you thought this case couldn’t get any weirder, it just did. Matthew Kluger is gay. And a dad. With three kids. Thanks for sending America such a positive image of LGBT parents, Matt!
Let’s take a closer look at Kluger’s suit against Fried Frank — and additional details about Matt Kluger’s complicated personal life, gleaned from ATL tipsters….
* Some of the questions in this survey, designed to assess how law students use online media when evaluating law firms, are amusing. If you’re a law student, please take the survey — you can win a gift card — and talk about how important Above the Law is to your assessment of firms. [Survey Gizmo]
* Judge of the Day candidate #1: Linda Van De Water, for allegedly “kicking and jumping on her ex-boyfriend’s car after confronting him outside the home of another woman.” [Milwaukee Journal Sentinel]
* Judge of the Day candidate #2: Tom Carney, for allegedly wielding a gun like a gavel, in an incident with another motorist. And don’t forget that snazzy pink necktie. [Erie Times-News]
* Peter Lattman looks at David Zornow, the global head of litigation at Skadden, and Zornow’s obsession with Bob Dylan — reflected in a mock indictment of “The Judges,” drawn up by “special assistant U.S. attorney Bob Dylan.” [DealBook / New York Times]
There’s no contest today for Lawyer of the Day honors. The clear winner is Matthew Kluger, a former associate at three leading law firms, who has been charged in a massive insider trading case. Kluger stands accused of reaping more than $32 million in profit over the course of a 17-year conspiracy, which also allegedly involved a trader, Garrett Bauer. (Kluger and Bauer might not be as big as Raj Rajaratnam, who’s pretty hefty, but their supposed scheme is nothing to scoff at.)
The charges were filed by Paul Fishman, U.S. Attorney for New Jersey (disclosure: my former office). Fishman claims that Matt Kluger passed along insider information that eventually made its way, via an unnamed co-conspirator, to Garrett Bauer, who traded on it. According to the complaint, Kluger and Bauer invested more than $109 million in the scheme, which yielded profits of more than $32.2 million.
Where did Kluger allegedly obtain the inside information? From the three Biglaw firms where he once worked on M&A deals….
So you spent a considerable amount of time courting, selling and maybe even doing some friendly stalking of that attractive lateral partner candidate with a sizable book. After he or she ignored your emails and didn’t return your calls, a few weeks go by and you read a press release in the legal media announcing the recent move to a competing firm.
Rats. Another one got away from you. You cringe when you consider how much time was spent in meetings that did not bear fruit. Your heart aches when recall how you were led to believe this was a marriage made in heaven.
You have been rejected.
The sting of rejection is painful, even for fancy law firms. But you need to find a way that you can turn this disappointment into a legitimate learning experience.
No, this isn’t a pre-party before we come back next fall for the real thing. This IS the real thing. Quinn Emanuel is pushing the envelope on recruiting. The party is now. This is when you meet the partners and associates face to face. This is when we begin the dance that could land you an offer for your second summer BEFORE school starts in the fall.
First: You come to the party. Second: If you like us, you send your resume after June 1, 2014. Third: If we like each other, you get an offer.
We’re not waiting for fall. We’re not doing the twenty minute thing. This party is the real thing!
We hope you’ll join us, and look forward to meeting you.
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 (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), 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.
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