* In light of Chief Justice Roberts’s historic vote to uphold Obamacare, should we expect JGR to be more liberal going forward? According to Jeffrey Toobin, author of The Oath (affiliate link), “Do not expect a new John Roberts. Expect the conservative he has always been.” [Talking Points Memo via How Appealing]
* “[A]ny robot or high school graduate can calculate numbers in a matrix to arrive at the highest possible sentence. But it takes a Judge — a man or woman tempered by experience in life and law — to properly judge another human being’s transgressions.” [Justice Building Blog]
In light of the possibletrouble that may lie ahead for large law firms, it should come as no surprise that some of them are battening down the hatches. One way to prepare for a tough economic climate is to reduce one’s expenses. And one way to reduce expenses is to conduct layoffs, of attorneys or of staff.
But the work, the work that generates revenue for firms, still needs to get done. One way of reducing expenses while still getting all the work done is to outsource certain functions to an outside service provider. This effectively gets job positions “off the books” of the law firm, which no longer has to pay salaries or benefits for the lawyers or staffers in question; the law firm just has to pay the vendor. (This could be viewed as a form of financing; as you may recall, cash-strapped Dewey used vendors for many services — vendors who are now its creditors in bankruptcy.)
Let’s learn about the latest firm that is reducing the ranks of its staff in favor of relying on an outside company….
* Patton Boggs partner Benjamin Ginsberg serves as the Mitt Romney campaign’s top lawyer, and he’s taking flak for GOP rules revisions that have been likened to “killing a fly with a sledgehammer.” [Am Law Daily]
* “I am still shocked that I did everything right and find myself on the brink of destitution.” This just in from the Things Everyone Already Knew Desk: even law firms have been hit hard by the recession. [Washington Times]
* The lead lawyer in the inquisition against Madam Justice Lori Douglas turned in a resignation letter. Perhaps he grew tired of being part of judicial farce that’s spread wider than Her Honor’s legs. [Canadian Press]
* A would-be law student wants to know if he has a good chance of getting into a top 20 school with a low 150s LSAT and an average GPA. You’ll get in everywhere you apply! [Law Admissions Lowdown / U.S. News]
* Roger Fisher, Harvard Law School professor and co-author of “Getting to Yes,” RIP. [WSJ Law Blog]
If you’re a lawyer who managed to make your way into a large law firm, congratulations. For attorneys, the world of Biglaw seems to be somewhat stable. Revenue and profits are up by modest amounts, and it has been a while since we’ve seen major lawyer layoffs (setting aside the collapse of Dewey & LeBoeuf, of course).
Things have not been so happy for staff. Over the past year or so, we’ve covered staff layoffs at several prominent Biglaw firms. Many of these reductions appear to be fueled by either outsourcing or improvements in technology that allow firms to get by with fewer staff.
The latest firm with news of staff layoffs — and unconfirmed reports of lawyer layoffs — is Fish & Richardson. Fish is a leading intellectual property shop, and the world of IP litigation certainly seemsbusy these days. But maybe it’s not busy enough?
Let’s get the details on the recent cuts at Fish….
The law firm of Fulbright & Jaworski is a leader in many fields — at least 31 of them, according to the latest Chambers rankings. In addition to recognizing Fulbright as a leading firm in 31 categories, the influential Chambers guide also named 99 Fulbright lawyers as leading individuals in their practice areas.
* What information Dewey know about the ongoing criminal investigation that’s being conducted by the Manhattan District Attorney’s office? From the sound of it, ex-chairman Steven Davis’s LeBoeuf may be cooked. [Am Law Daily (reg. req.)]
* Dewey know when to admit defeat? A spokesman for the failing firm has insisted that it’s “not formally closed.” Great, because that’ll certainly make it easier to prepare for the involuntary bankruptcy filing that’s in the works. [Reuters]
* Meanwhile, D&L amended its WARN notice with the New York State Department of Labor to raise its total employee count by 100, for a grand total of 533 — 433 of whom have been laid off thus far. [Bloomberg]
* “The defense wasn’t sexy, but the defense doesn’t want sexy. It wants an acquittal.” John Edwards’s legal team rested its case yesterday without calling any of the major players involved to testify. [Associated Press]
* Show me your papers: the California Supreme Court will be deciding whether a law license should be granted to an illegal immigrant who’s already been certified by the State Bar of California. [Los Angeles Times]
* Thank you, Jesus! Utah’s S.J. Quinney College of Law now has an additional $4M in its collection plate to put toward a new building thanks to the Church of Jesus Christ of Latter-day Saints. [National Law Journal]
Based on recent remarks by current and former leadership at Dewey & LeBoeuf, it seems that the firm is going to end with a whimper, not a bang. The current plan apparently involves no bankruptcy filing or dissolution vote, but just the defection of one partner after another, until nobody is left.
* Dewey need to declare bankruptcy yet? While the delusional firm has “no plans to file bankruptcy,” partner defectors and retirees are being advised to contact personal bankruptcy lawyers ASAP. [New York Times]
* When Dewey become a part of the great unwashed? When you’re being sued for $300K in unpaid janitors’ bills. But that claim’s going to be nickel and dimed, just like the firm’s partner guarantees. [Businessweek]
* Maybe Greenberg Traurig ditched its merger talks with D&L because they had problems of their own. The firm apparently laid off staff to achieve a 4-to-1 attorney-secretary ratio. [Daily Business Review (sub. req.)]
* The judge presiding over the John Edwards campaign finance trial denied a motion to dismiss the charges against the former presidential candidate. Like all the rest of us, Judge Eagles probably just wants to see if he and his baby mama, Rielle Hunter, will take the stand. [MSNBC]
* In the wake of the Elizabeth Warren controversy, many have wondered what goes into law school hiring decisions. Generally, they look for good teachers, but being 1/32 Native American certainly helps. [ABC News]
* Try to bring up ethics charges on the Wisconsin justice who allegedly choked a bitch in chambers, and you might find your career as Chairman of the state’s Judicial Commission in a stranglehold. [Telegraph Herald]
* Dewey seriously have one chairman again? Good Lord, this law firm is literally falling apart! Martin Bienenstock had “no plans to file bankruptcy” because he knew he was taking the first life raft off this sinking ship. [WSJ Law Blog]
* When Dewey WARN people? When it’s already too late. In case you missed it last night, the firm was served with its first suit following its en-masse layoffs. The more the merrier, because it’s a class action. [Bloomberg; WSJ Law Blog]
* Elizabeth Warren can’t decide whether she’s white or Native American. Apparently it depends on her geographic location, because she was white at UT Law, but a minority while at Penn Law. [Boston Globe]
* Racial profiling still ain’t easy, but Arizona Sheriff Joe Arpaio “will fight this to the bitter end.” The Department of Justice has filed a civil rights suit against the no-nonsense Sheriff and his department. [Associated Press]
* New Jersey Governor Chris Christie must be gearing up for his inevitable 2016 presidential run, because yesterday he vetoed an online insurance marketplace required by the Affordable Care Act. [New York Times]
* Syracuse Law recently broke ground on a $90M building that will serve as its new home. May political plagiarizers continue to grace the law school’s halls for years and years to come. [National Law Journal]
This past Friday, we broke the news of the troubled Dewey & LeBoeuf law firm issuing WARN Act notice to its employees. This federal law generally requires an employer “to provide notice 60 days in advance of covered plant closings and covered mass layoffs.”
That was Friday, May 4. Earlier this week, Dewey informed many support staff members that their last day of work would be this Friday, May 11. It then informed many associates that their last day of work will be this coming Tuesday, May 15. Both staffers and associates will be paid through the 15th and will have health insurance through May 31st.
My math skills have atrophied from disuse, but I am still capable of counting to 60. And it seems to me that Dewey did not provide its employees with 60 days notice of its mass layoffs.
Watch to find out what some of our subscribers received in their May box!
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We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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