Can a Westlaw or Lexis print-out hide your booze stash? I didn't think so.
* Are Asian American lawyers too nerdy to climb the Biglaw or corporate ladder — or is this just an outdated stereotype? [The Careerist]
* Does having your law school sob story featured on national television count as “employed upon graduation”? (Or, more seriously, here’s an opportunity for an unemployed law school grad.) [Inside the Law School Scam]
* A Notre Dame law professor, Mark McKenna, offers some courageous and deeply personal commentary on the Penn State scandal. [Slate]
* In the age of Lexis and Westlaw, hardbound law books still serve a valuable purpose. [Kickstarter]
* It’s a briefcase branded with your favorite team insignia. But real subtle-like, so other people won’t immediately know you are an alpha jock fan boy. But you will. You’ll always know. [The Fandom Review]
Plaintiffs’ lawyers in class action cases: are they heroes, or villains? Do they make too much in fees, leaving the classes they represent high and dry? Or could it be argued that they make too little for the work that they do?
* Congratulations to Ted Frank and his colleagues at the Center for Class Action Fairness on their latest victory — which appears to represent “the first time the Ninth Circuit has vacated approval of a class action settlement since 2003.” [Center for Class Action Fairness]
* Elsewhere in the Ninth Circuit, justice delayed turns out to be justice denied for a prisoner who died while waiting over five years for a federal district judge to rule on his habeas petition. (The magistrate judge had already recommended granting relief.) [Los Angeles Times]
* Trademarks, and textiles, and taboos, oh my! Take a look into the fabulous world of fashion law with Charles Colman of Law of Fashion. [Professionelle]
* When you make stock market bets on SCOTUS outcomes, you better have a lot of money to throw around. Luckily, Ted Frank has plenty. [Point of Law]
* Jackass star Ryan Dunn passed away yesterday, which is sad. While normal people mourn the man who shoved a toy car up his butt, lawyers think up ways to assign liability. [Litigation & Trial]
* A J.D. is apparently still worth all of the debt associated with it because… why? Given that landing a job right now is about as easy as nailing jelly to a tree, how is this profession worth the debt? [Kiplinger]
* The blogs of the Am Law 100 have grown a lot this year, from 126 blogs to a whopping 269. Some firms are blogging duds, but I guess they’re busy making money. [Marketing Strategy and the Law]
* It may be better to be pissed off than pissed on, but getting peed on is apparently a natural step in professional development. [An Associate's Mind]
* Attorneys fall into one of three categories when it comes to the iPad: you got one; you want one; or your firm got one for you. Here are some lawyerly apps for you to play with. [Law Degree]
Justice Scalia wrote the opinion of the Court, which was joined in its entirety by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito. SCOTUS reversed the Ninth Circuit and held that class action certification should not have been granted in this case, brought on behalf of hundreds of thousands of female Wal-Mart employees who alleged a pattern and practice of pay and promotion discrimination by the giant retailer.
Justice Ginsburg filed an opinion concurring in part and dissenting in part, which was joined by Justices Breyer, Sotomayor, and Kagan. What did RBG have to say?
Friday was not a pretty day for the stock market. The Dow Jones Industrial Average closed below 12,000, for the first time since March of this year — a 1.4 percent decline. The S&P 500 also fell by 1.4 percent, and the Nasdaq composite index fell by 1.5 percent.
Everyone is looking for an edge in this market (especially given the low returns you get by keeping your money on the sidelines, in cash, or by investing in real estate). This raises a question for legal eagles: Can knowledge of the law help you invest profitably?
One of our favorite folks here at Above the Law — Ted Frank, head of the Center for Class Action Fairness, whom we’ve dubbed the Class Action Avenger — believes the answer is yes. Earlier this month, he invested 10 percent of his net worth in a bet that one company’s stock is on the way up, based on a forthcoming Supreme Court decision.
Let’s find out which stock Frank is betting on, and why….
Did you take a BAR/BRI bar exam review course sometime in the past five years? Or are you taking BAR/BRI now, having paid for it prior to March 21? If so, keep reading.
As we recently mentioned, the deadline for joining or objecting to the proposed class action settlement in Stetson v. West Publishing Corp. is fast approaching (May 30). The lawsuit, alleging antitrust violations, was filed against West Publishing, which owns (but is selling) BAR/BRI, and Kaplan, the test prep company owned by the Washington Post. The class is defined as “[a]ll persons and entities who paid for a BAR/BRI full-service bar-review course from August 1, 2006, through and including March 21, 2011.”
Are you a class member? Let’s review your options….
UPDATE (5:30 PM): Please note the updates added to the end of this post.
As we reported last month, it looks like Leeds Equity Partners will be acquiring BAR/BRI, the well-known bar exam preparation business, from West Publishing / Thomson Reuters. If you’ve taken a bar exam prep course, odds are that you took BAR/BRI — although there are alternatives, such as BarMax and Themis (disclosure: ATL advertisers, whom we thank for their support).
If the deal goes through, Leeds will get its hands on what would seem to be a very good business. BAR/BRI courses aren’t cheap, at a few thousand a pop (often paid by law firms, which aren’t very price-sensitive). And since BAR/BRI has had its bar-prep infrastructure in place for a long time — curricula, instructors, etc. — its marginal costs for each new teaching cycle aren’t that high. In short, BAR/BRI seems like a money-making machine.
(Note: This analysis about the economics of BAR/BRI is somewhat speculative. Please correct us, by email or in the comments, if we’re wrong.)
But Leeds will also inherit complaints about BAR/BRI. Some are of the consumer variety — e.g., the website going down when people were trying to pick their course locations, the date by which books must be returned in order to get deposits back being set too early, unfair late fees, etc.
And some complaints are of the legal variety, in the form of antitrust class actions alleging collusion between (1) West Publishing, the owner of BAR/BRI, and (2) Kaplan Inc., the test prep company owned by the Washington Post Company that is known in the legal community for its LSAT courses. One of the lawsuits alleges “that BAR/BRI agreed not to compete in the LSAT business and that Kaplan agreed not to compete in the bar review business, thereby allocating to BAR/BRI the market for full-service bar review courses in the United States.” (Now, of course, Kaplan has its own full-service bar review course.)
To the legal complaints we now turn. You should follow along, since there might be some money in it for you….
[Lawyer Dennis] Gingold claims to have billed an astonishing 48,772 hours on this case—which works out to almost 9.5 hours a day, every day without a single day off, between November 4, 1995, and December 7, 2009. This includes a seven-year stretch where Mr. Gingold billed 28,230 hours—an average of eleven hours a day, every day seven days a week without a single day off.
As anyone who has had to keep billing records knows, it is rare for ten hours of billing to take only ten hours: there are bathroom breaks, coffee breaks, meal breaks, interruptions, and so forth. There are legendary accounts of tireless attorneys who forgo family and leisure; work on little sleep; and are able to regularly bill 3000 hours a year, but they are few and far between. Perhaps Mr. Gingold is one of these exceptional individuals, so far above average that he can routinely bill 4000 hours a year without loss of productivity or health, but this proposition merits scrutiny.
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.