Steven H. Davis

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….

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* 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….

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How would you like to be pursued by the Angel of Death? It doesn’t sound like much fun, right?

But it’s the latest plague to be visited upon certain former leaders of the now-bankrupt law firm of Dewey & LeBoeuf. Former D&L partner Henry C. Bunsow — nicknamed the Angel of Death by Alison Frankel of Thomson Reuters, due to his status as an ex-partner of three failed firms (Brobeck, Howrey, and Dewey) — has sued former leaders of Dewey, alleging that they misrepresented the firm’s finances.

Let’s learn about his allegations, as well as catch up on the latest wranglings in the Dewey bankruptcy case….

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The bankruptcy case of the dying Dewey & LeBoeuf rolls on. As we mentioned yesterday, other Biglaw firms are getting business out of its burial. For example, Brown Rudnick is representing the official committee of unsecured creditors, and Kasowitz Benson is representing the official committee of retired D&L partners. (This group is separate from the 60 or so ex-partners who have hired Mark Zauderer to fight potential clawback lawsuits and other claims that the Dewey estate might bring against former partners and their new firms.)

If asked to name people who might be worried about owing money to the Dewey estate, some observers might cite “the Steves”: former chairman Steven H. Davis, and former executive director Stephen DiCarmine. Some have accused the Steves of mismanaging D&L’s affairs (or worse), contributing to the collapse of a firm that was once in the top 30 U.S. law firms by total revenue.

But if you’re thinking that Steve DiCarmine wants to pay the Dewey estate some money and get on with his tanning life, think again. As it turns out, Steve DiCarmine is claiming that Dewey owes him money….

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(Plus pictures of his former office.)

The law firm of Dewey & LeBoeuf now finds itself in Chapter 11, but the story of Dewey has not yet reached its end. We’ll now turn the pages in the Bankruptcy Reporter.

Yesterday Judge Martin Glenn of the U.S. Bankruptcy Court allowed Dewey to use cash collateral to fund its wind-down operations, even though this collateral should really be seen as belonging to the firm’s secured creditors. Judge Glenn initially denied this request, at least when it was coupled with giving the secured creditors a lien on recoveries from future litigation. In deciding to let Dewey tap into the cash, Judge Glenn did not decide what the lenders might get in exchange for letting the firm use their money. That will be decided later, at a June 13 hearing.

With things quieting down on the Dewey news front, let’s turn to analysis. Here are some insights into what brought Dewey down and what other firms can learn from its fall, from a former managing partner who now works as a consultant to the legal industry….

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As we roll into the Memorial Day weekend, things are fairly quiet on the Dewey front. There’s not much news to report.

As we previously mentioned, some former partners are hiring counsel to defend them against possible clawback claims. And the ranks of ex-partners continue to grow: some nine Dewey partners, led by New York-based transactional attorney Elizabeth Powers, have moved over to Duane Morris, along with three counsel and four associates (so 16 lawyers in all).

What else can we report about Dewey? Oh yes, the winner of our meme contest….

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(Plus some news updates.)”

Last week, we asked for your entries in our Dewey & LeBoeuf Meme Contest.

There were many excellent submissions. Let’s review and vote on the eight finalists….

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Let’s talk about two of our favorite topics here at Above the Law: Dewey & LeBoeuf and real estate. They’re two great tastes that go great together.

There’s certainly news on both of these fronts. In Washington, for example, the firm is facing an eviction lawsuit. Dewey’s D.C. landlord, Property Group Partners, claims that the firm hasn’t paid $927,052 in rent on its 140,000 square feet of space.

In New York, home of Dewey’s headquarters at 1301 Avenue of the Americas, there’s bad news too. The Ben Benson’s steakhouse in the building, which was something of a company canteen for Dewey, is closing next month. Said a source: “Could it be that the building is cursed, ever since JC Penney moved out decades ago?”

Near the top of the 45-floor building, the office of Steven H. Davis, Dewey’s ex-chairman, is also getting packed up. This space, described to us as the “Taj Mahal” of law offices, is not what it once was.

Dewey have pictures? Most certainly….

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If you’re looking for the latest news on the imploding law firm of Dewey & LeBoeuf, check out Morning Docket. There are links about the ongoing criminal probe, an updated WARN Act notice, the firm’s claim that it is not “officially closed,” and a possible involuntary bankruptcy.

It might make sense for certain creditors to push the firm into bankruptcy, since under the status quo — i.e., the firm effectively liquidating itself outside of court — it’s not clear that similarly situated creditors are being treated equally. At the very least, there’s a lack of transparency, as bankruptcy lawyer Annette Jarvis of Dorsey & Whitney pointed out to Thomson Reuters. Jarvis represents one group of creditors that might be getting the short end of the stick: 51 retired partners from predecessor firm LeBoeuf Lamb, whose pensions could be in jeopardy.

As we’ve done in the past, let’s try to find some light amid the darkness. As one victim of the Dewey debacle told us, “Sometimes after you’re done crying about something, the best medicine is laughter.”

We agree. So, Dewey have a meme contest for you? Of course we do!

Keep reading for some sample Dewey memes, as well as the contest rules….

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