Why did we expect fireworks from discovery? Because of the lurid nature of Marchuk’s allegations, including severe sexual harassment and (effectively) sexual assault, and because of the Faruqi firm’s aggressive response, which included suing Marchuk for defamation and claiming that it was Marchuk who was obsessed with Monteverde.
But it wasn’t just another “he said, she said” type of situation. Both sides claimed that third-party witnesses and contemporaneous documents would corroborate their respective and conflicting accounts.
Discovery is now underway in the case. Witnesses have been deposed, and documents have been produced. What kind of portrait do they paint?
“You have plenty of assets, like that fat milky white ass. I will tear that shit up, destroy it, every position until you can’t walk or feel the inside of your anus.”
These are just some of the colorful terms that have been used to describe me, and one of the messages publicly posted about me, in the nearly four years that I’ve written both pseudonymously and under my real name here at Above the Law. Our comments are hidden for our readers’ protection because they can be quite vile, but as editors, we have to look at them, and sometimes moderate them.
It’s difficult being a minority online, whether that word is used to describe race, gender, or sexual orientation. If you’re interested in learning how to engage your commenters, you should attend Above the Law’s inaugural Attorney@Blog conference, where I will moderate a panel on racism, sexism, and homophobia in online commenting platforms, featuring the following distinguished panelists:
Vivia Chen, chief blogger at The Careerist, who has been covering law and business — with a focus on career and women — for more than 10 years;
This panel will explore the various strategies and best practices (along with their intellectual underpinnings) available to legal bloggers in managing the dark side of the internet: the “trolls” who engage in offensive and hateful (albeit protected) speech.
For more information and for tickets to the conference, please click here. CLE credit will be available, and early bird pricing remains in effect until February 1. We look forward to seeing you on March 14.
We enjoy a good holiday card here at ATL. We hold an annual competition to crown the firm that maximizes the opportunity to spread cheer to its friends and professional acquaintances. And if a card is really doing its job, it makes clients remember that you run the most interesting firm in the world.
And then there are cards like this. So if you want to see exactly how out of touch with the modern era this law firm is, click on….
On Wednesday, the United States Supreme Court heard oral arguments in McCullen v. Coakley, a constitutional challenge to a Massachusetts law creating buffer zones, sometimes called “zones of exclusion,” around abortion clinics. The law at issue, Mass. Gen. Laws ch. 266 § 120E ½ (2007), provides in part as follows: “No person shall knowingly enter or remain on a public way or sidewalk adjacent to a reproductive health care facility within a radius of 35 feet of any portion of an entrance, exit or driveway of a reproductive health care facility.” Eleanor McCullen, one of the challengers of the law, is a 76-year-old grandmother who in the past has stood on public sidewalks near abortion clinics in order to initiate one-on-one, non-confrontational conversations with women seeking abortions. The petitioners claim that, over the years, hundreds of women have accepted offers of help from McCullen and the other petitioners. They argue that the new law violates their right to free speech.
The First Circuit opinion below characterizes the plaintiffs’ appeal as advancing “a salmagundi of arguments, old and new, some of which are couched in a creative recalibration of First Amendment principles.” That opinion finds that “[t]he Massachusetts statute at issue here is a content-neutral, narrowly tailored time-place-manner regulation that protects the rights of prospective patients and clinic employees without offending the First Amendment rights of others.”
Unfortunately, the First Circuit is wrong about each of those points. Even more unfortunately, this law does the exact opposite of what most of us would hope . . . .
Did you know you can do a clinic at Yale Law School if you are a 1L? I’d imagine that a lot of schools offer this kind of experiential learning given the current market conditions, but Yale Law has been doing it for a while. It seems a bit aggressive to allow 1Ls to talk to real people with actual problems, but I spent my first year trying to figure out how to keep my drinking up at college levels, so what do I know?
Apparently Yale Law touts first-year clinical experience as a “thing” that sets Yale apart — as if its top ranking wasn’t enough for students with an embarrassment of good choices. Our own David Lat took part in a clinic as a 1L; it continued into his 2L year, when he conducted a trial and got a published opinion (he won the case, because of course he did).
Lat got to do all that, and he is a man. I’m not saying that those two things are connected, but some people at YLS are questioning whether these clinical placements are equally open to women…
* While we’re celebrating recently anointed Biglaw partner classes, let’s take a minute to call out the firms that haven’t bestowed the honor upon a single woman this year. Cheers, jerks. [Am Law Daily]
* The results of the NLJ’s Law Firm Billing Survey are out, and lo and behold, one of the top partners in the country is pushing $2,000 an hour for his services. Congrats, Ted! [National Law Journal (sub. req.)]
* Everyone’s buzzing about the federal law clerk who’s been accused of attempted aggravated rape and solicitation of a minor under 13. Don’t let that legendary 4.0 GPA go to waste. [Times-Picayune]
* Iowa is thinking about allowing law grads to practice ASAP instead of having to pass a bar exam. Paired with its recent tuition cuts, the Hawkeye State is looking better and better. [Des Moines Register]
* If you’re in the unfortunate situation of still having to look for a law job once OCI has ended, then you might want to start considering applying for some of the other law jobs that don’t want you. [Mashable]
University of Denver law professor Nancy Leong continues her quest to make the internet safe for female law professors who engage in questionable scholarship. When last we heard from Leong, she was getting called out by Paul Campos for “research” that involved putting up white versus Asian profiles on Ashley Madison.
But Leong is better known for her ongoing dispute with online commenter “dybbuk.” Dybbuk made a number of nasty, racist, and sexist comments about Leong. Leong says that the comments have made her fear for her safety. She’s figured out who Dybbuk really is and is now asking his state bar to launch an ethics inquiry into his online behavior.
If you don’t like people trying to make your life awful, you shouldn’t talk on the internet. I think that rule applies equally to Leong and Dybbuk…
* “Either access to abortion will be dramatically restricted in the coming year or perhaps the pushback will begin.” We’re moving back in history. Here’s hoping pro-choice advocacy will be born anew in 2014. [New York Times]
* George S. Canellos, the SEC’s co-chief of enforcement, announced his departure on Friday, and people are already wondering whether he’ll return to his old stomping grounds at Milbank Tweed. [DealBook / New York Times]
* We hope legal educators had fun at the Association of American Law Schools annual meeting, but we hope most of all that they learned what needs to change to really make legal education pay. [WSJ Law Blog]
* “I believe women lawyers can contribute a lot to the legal system.” Saudi Arabia now has its first female law firm dedicated to bringing women’s issues to the country’s patriarchal courts. Congratulations! [RT]
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.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.