* On the even of the Supreme Court’s conference that will determine whether a gay marriage case will be on the docket in 2013, a federal judge ruled that Nevada can ban the practice in the state. Not fab. [BuzzFeed]
* A bankruptcy judge gave Dewey & LeBoeuf’s unsecured creditors the go-ahead to sue the pants off Joel Sanders and the Steves (a moniker for what likely would’ve been an extremely orange band). [Am Law Daily]
* Hostess Brands received final approval to wind down its business and begin selling off its Twinkies to satisfy its creditors, but not before $1.8M in bonuses payouts were authorized. [DealBook / New York Times]
* UCLA School of Law recently announced its plans to offer an LL.M. in Law and Sexuality. Now, recall that just one month ago, Justice Scalia advised students not to take “law and _____” courses. [National Law Journal]
* Dominique Strauss-Kahn agreed to settle a suit brought against him by a hotel maid who accused him of rape. We still don’t know the dollar amount, but we bet he kept his aggravated pimp hand strong. [Bloomberg]
* A day in the life of Lindsay Lohan includes an arrest for assault in New York, followed by charges related to a car crash in California. Her legal drama is almost as bad as Liz & Dick. [Daily Dish / San Francisco Chronicle]
Whatever happened to the Manhattan district attorney’s investigation into the failure of Dewey & LeBoeuf? It seems like we haven’t heard about it for weeks. Today we finally have some news to pass along.
As we mentioned in Morning Docket, this morning the Wall Street Journal ran a piece about the current state of the investigation. There are a few additional details, but on the whole, we don’t know very much at this point.
We know more about how you can get your hands on part of Dewey’s art collection. Keep on reading for details on that subject….
* “I don’t think that we even need to have a race box on the application.” Abigail Fisher is getting even more time in the spotlight thanks to this media interview, which is sure to be the first of many. [New York Times]
* “[T]hey didn’t do anything wrong civilly — and they certainly didn’t do anything wrong criminally.” Tell that to the prosecutors who are looking into the circumstances of Dewey & LeBoeuf’s epic fail. [Wall Street Journal]
* Lateral hiring in midsize/regional firms seems to be up for those with “real-world experience,” but the starting salaries aren’t anything to write home about — they’re still on the “low” side. [Connecticut Law Tribune]
* Jerry Sandusky’s sentencing hearing is today, and in addition to the tape he already released, he’s planning to read a statement before he receives what’s likely to be a life sentence. WE ARE… kind of tired of hearing about his supposed innocence. [CNN]
* “There are fewer interviews and fewer schools interviewing.” This week, would-be law profs who attend the AALS “meat market” will get a taste of what recent graduates have been experiencing. [National Law Journal]
* Steven Davis, D&L’s former chairman, really wants to make sure he’ll be able to use the firm’s insurance policy to defend himself, or else he’ll “suffer undue hardship.” Sorry, but after all the undue hardship you caused, nobody feels bad for you. [Am Law Daily]
* As it turns out, the Mitt “47 Percent” Romney recording may have been illegally taped, but Florida authorities aren’t investigating — a victim hasn’t come forward to complain. What, no “off the cuff” remarks this time, Mitt? [Washington Wire / Wall Street Journal]
* Even if you get disbarred, you can still go on to work for a Biglaw firm. In other news, apparently you can last about a month at Lewis Brisbois while using a stolen identity before you get fired. [Las Vegas Review-Journal]
* Arizona’s governor was really excited that the injunction against SB 1070′s “show me your papers” provision was lifted by Judge Susan Bolton. She won’t be as excited when all of the lawsuits start rolling in. [Bloomberg]
* It’s probably bad if your dean resigns before the school opens. J. Michael Johnson, the ex-dean of Louisiana College School of Law, left to take a “great job offer” (i.e., not a law school deanship). [Shreveport Times]
* Good news, ladies! A serial subway “grinder” in NYC avoided jail time after ejaculating on three women in separate incidents, and now city pols are trying to make it harder for perverts to get off. [New York Daily News]
The Dewey & LeBoeuf drama continues to unfold. As we mentioned in Morning Docket, there have been a few notable recent developments. Citibank just filed a vigorous response to allegations by Steven Otillar, a former Dewey partner, that Citi colluded with Dewey to take advantage of individual partners. Meanwhile, three former leaders of the firm — former chairman Steven Davis, former executive director Stephen DiCarmine, and former CFO Joel Sanders — have filed objections to the global settlement with former partners.
It’s not a pretty picture. And here’s what we’re wondering: Could it happen to another major law firm, sometime in the next twelve months?
* Come on, people, Dewey really think that it’s fair that these proposed partnership clawback settlements blame only us for the firm’s implosion? The Steves and ex-CFO Joel Sanders don’t think so. [Bloomberg]
* “[E]ven if partners’ capital contributions were used to repay Dewey’s indebtedness—so what?” Well, that’s certainly one way to defend a suit alleging Citibank’s participation in a Ponzi-like scheme. [Am Law Daily]
* A $280K bonus sure seems nice, but do all Supreme Court clerks choose life in Biglaw once they’ve completed their stints at the high court? As it turns out, the answer is no — some view the money as “golden handcuffs.” [Wall Street Journal]
* Because nobody can ogle these crown jewels except Prince William: the royals’ potential suit against Closer magazine over topless pics of Kate Middleton has turned into full-blown privacy proceeding. [New York Times]
* If you’re struggling in law school, it may be wise to take some advice from those who’ve been there before you, like SullCrom’s Rodge Cohen, or the Ninth Circuit’s Chief Judge Alex Kozinski. [National Law Journal]
Many of the lawyers from the bankrupt law firm of Dewey & LeBoeuf have found new professional homes. But what about the managers? Since the firm filed for bankruptcy, we haven’t heard much about the fates of D&L’s leadership troika: former chairman Steven Davis, former executive director Stephen DiCarmine, and former chief financial officer Joel Sanders. What’s going on with them? Have they found new jobs?
Of course, they can afford to take some time off before returning to the workforce. As we previously reported, DiCarmine and Sanders each received more than $2.9 million — in salary, bonuses, and expense reimbursement — in the year leading up to the firm’s bankruptcy filing.
So, assuming he has reasonable living expenses, former CFO Joel Sanders can afford to coast for a while. But that’s not what he’s doing. He’s already back in the workforce.
What if we were to tell you that the chief financial officer of Dewey has found a new position? At a law firm — a pretty sizable one, in fact?
Today at 5 p.m. is the deadline for former partners of the bankrupt Dewey & LeBoeuf law firm to sign up for the “Partner Contribution Plan.” Under the terms of the Plan, which in its latest iteration seeks $90.4 million in “clawbacks” from ex-partners, participating partners would contribute specified amounts to the Dewey bankruptcy estate in exchange for releases from future liability (to the Dewey estate, to other participating partners, and to Dewey lenders, thanks to recent revisions to the PCP).
When talk of the Plan first surfaced, I opined that “[s]uch a deal sounds reasonable in principle.” I later observed that even if the PCP might not be perfect, “[i]f you’re a productive partner, happily ensconced at a new and stable firm, and just want to forget the D&L debacle and return to serving your clients, this deal may Dewey the trick.”
But now, after numerous revisions to the Plan, seemingly endless extensions of the deadline to join, and a still-insufficient amount of participation, I’m beginning to think that maybe it just won’t fly — and Dewey should just be allowed to die, i.e., slip into a straight-up liquidation. Perhaps Dewey’s bankruptcy advisers should stop trying to flog a product that nobody seems interested in buying.
UPDATE (4:35 PM): It looks like the Dewey estate’s perseverance has paid off. The $50 million participation threshold has been reached.
Here’s one good thing about the Partner Contribution Plan: thanks to the PCP, we now have detailed information about how much each of Dewey’s partners received from the firm in 2011 and 2012. And yes, we’re willing to share the data for the top earners with you, in spreadsheet form.
Some people are big believers in the virtues of black-box compensation. But here at Above the Law, we’re all about transparency….
* Presidential campaigns for Election 2012 are focusing in on the Supreme Court and future appointments to the high court, and Vice President Joe Biden is really not a fan of Justice Scalia. [POLITICO]
* Dewey know what the ramifications of D&L’s $50M insurance policy will mean for the resolution of the failed firm’s bankruptcy proceedings? Well, Steve Davis is probably happy. [Thomson Reuters News & Insight]
* Howrey going to pay off all of our creditors? Probably by dipping into the coffers of the 70 other law firms that took on our defectors. Have fun with all of those subpoenas. [Capital Business / Washington Post]
* The percentage of women in Biglaw partnership positions is up 2.8% since 2003, but the equity gender gap remains. At least some progress is being made. [National Law Journal]
* “I thought your papers were terrific, I just disagreed with them.” Kleiner Perkins isn’t a fan of backhanded compliments, so the firm is appealing a judge’s decision to keep Ellen Pao’s case out of arbitration. [Reuters]
* James Holmes, the alleged shooter in the Aurora movie-theater massacre, is scheduled to make his first court appearance today for an initial advisement. Thus far, he’s facing at least 71 charges. [Denver Post]
* The class action suit filed against Cooley Law over its allegedly deceptive employment statistics has been dismissed, much like the NYLS lawsuit before it. More on the dismissal to come later today. [WSJ Law Blog]
* “Sex isn’t going to buy me dinner.” Michael Winner, the attorney accused of offering “pro boner” assistance to female inmates, claims in an interview that the allegations against him are “just plain false.” [WSB-TV Atlanta]
Clean-up efforts are underway at Dewey & LeBoeuf — and we’re not talking about the work of the janitors (at least not the ones who were allegedly stiffed on $300,000). Rather, we’re talking about the work being done by Dewey as debtor, aided by its high-priced advisory team, to put its affairs in order and to maximize the recovery for its creditors.
One of the biggest messes: how to deal with the firm’s hundreds of former partners. Dewey’s lead lawyer, Albert Togut of Togut Segal & Segal, has already made clear his plans to seek some funds from them.
In a conference call yesterday afternoon, Dewey’s bankruptcy advisers informed ex-partners about the contours of a possible global settlement….
Hey, have you read Above the Law for like one single minute in the past month? If so, you probably know that we’re having this big blogger conference on March 14th at the Yale Club. Yeah, the Yale Club. You’ll be able to recognize me: I’ll be the only big… blogger guy surreptitiously holding a can of crimson spray-paint.
Speaking of coming, you should come. We’ve got CLE and all that. Click here to buy tickets to get CLE credit for listening to bloggers scream about stuff on the internet.
To refresh your memory, details on the panel that I’m moderating — almost entirely sober, mind you — follow.
My panel is called Blogs as Agents of Change, and we’re going to talk about whether all of these spilled pixels are actually making a difference. You know my view… just ask Lawrence Mitchell, but here are the panelists:
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.
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