Remember John J. O’Brien? Back in April 2009, we wrote about the mysterious departure of John O’Brien from Sullivan & Cromwell, where he was a well-regarded and well-liked partner in the M&A department. In a follow-up post in December 2009, we noted : “When partners leave a place like Sullivan & Cromwell, there’s often a story behind the departure.”
In our December 2009 post, we reported that John O’Brien “left Sullivan & Cromwell due to an issue relating to his taxes.” We added that the problem was personal, i.e., that it did not implicate S&C or any of its clients (unlike the fraud of another former SullCrom partner, Carlos Spinelli-Noseda, who defrauded the firm and its clients of more than $500K).
Some readers pushed back on this reporting. They claimed that John O’Brien left voluntarily and for perfectly innocent reasons. They told us to leave O’Brien alone. They accused us of harboring ill-will towards Sullivan & Cromwell (even though, to be honest, large law firms are somewhat interchangeable for us here at ATL; they’re all just potential sources of news to write about).
In light of all the flak we took for our John O’Brien coverage — similar to the criticism we received for covering Theodore Freedman’sdeparture from Kirkland & Ellis, a few months before Freedman got indicted by the feds — please forgive us for gloating a little. (This gloating is directed at our critics, not at John O’Brien; we have nothing against O’Brien and wish him the best of luck in moving on with his life.)
Today brings news that John J. O’Brien has been hit with federal criminal charges. Like Ted Freedman, John O’Brien has been hit with tax-related charges. But the numbers involved are larger — a lot larger….
UPDATE (7 PM): O’Brien pleaded guilty. See the update appended to the end of this post.
* What? A former Supreme Court clerk who got passed over for a job at a law school? Nicholas Spaeth, who’s also the former state attorney general for North Dakota, is suing the Michigan State University College of Law, for age discrimination. [The BLT: The Blog of Legal Times via SBM Blog]
* Elsewhere in criminal justice news, should prisons be run on a voucher system? Dan Markel offers some thoughts on Sasha Volokh’s interesting proposal. [PrawfsBlawg]
* An interesting profile of Alan Gura, the celebrated Second Amendment litigator, by a fellow small-firm lawyer, Nicole Black. [The Xemplar]
* Hopefully this will all become moot after a deal gets done, but remember the Fourteenth Amendment argument for Obama unilaterally raising the debt ceiling? Jeffrey Rosen thinks a lawsuit against Obama would get kicked for lack of standing — or might even prevail. [New Republic]
* But Orin Kerr believes that a recent SCOTUS case might change the analysis. [Volokh Conspiracy]
* Howrey going to pay all the creditors? A lot turns on how some contingency-fee cases turn out, according to Larry Ribstein. [Truth on the Market]
* From in-house to the big house: former general counsel Russell Mackert just got sentenced to more than 15 years in prison for his role in a fraud scheme. [Corporate Counsel]
As we mentioned in the story, our coverage of Freedman’s departure was prompted by “interesting rumors.” We hoped that our post would result in additional corroboration of what we were hearing. Alas, our write-up just prompted the usual attacks from Kirkland Kool-Aid drinkers, who accused us in the comments of harboring ill-will toward K&E and engaging in shoddy journalism.
Well, this time we’ll enjoy the last laugh (not because we have anything against K&E — we don’t — but because we like being proven correct). We can share what we know about Ted Freedman, because the rumors are now embodied in a federal criminal indictment….
Last week I attended an interesting talk by Preet Bharara, currently serving as the U.S. Attorney for the (extremely powerful and prestigious) Southern District of New York. I had heard great things about Bharara from many people, including current and former colleagues in the U.S. Attorney’s office and people who previously worked with him on Capitol Hill, where he served as chief counsel to Senator Chuck Schumer. So I was eager to hear his remarks, which he delivered to the New York Financial Writers Association, a group of business and finance journalists here in New York.
Here’s my report on what he had to say — including, for those of you who aspire to be assistant U.S. attorneys, what he expects from the prosecutors who work for him….
(According to the Wall Street Journal, Rajaratnam “is estimated to have paid as much as $40 million for his defense… about two-thirds of the amount prosecutors said [his Galleon Group hedge fund] made from the insider trading addressed in the charges.”)
Raj Rajaratnam, the billionaire leader of the Galleon Group, has been found guilty.
The jury returned a verdict of guilty on all 14 counts Rajaratnam was facing — nine counts of insider trading and five of conspiracy. Rajaratnam could get a sentence of up to 19 and a half years under the federal sentencing guidelines, according to prosecutors.
Rajaratnam’s defense lawyer, John Dowd of Akin Gump, is a renowned advocate — but he’s not a miracle worker. Raj was just too big a target.
Check out our sister site Dealbreaker for continuing coverage.
After seven days of deliberations, one juror in the insider trading trial of Raj Rajaratnam has been dismissed, for unspecified medical reasons. An alternate has been seated, but this means the jury has to begin its deliberations anew. The original jurors must be thrilled.
Let’s hope that the dismissed juror was a holdout (either way). The suspense is killing us!
Readers: Any predictions on how this will turn out? Will celebrated criminal defense lawyer John Dowd — who successfully represented the fabulous Monica Goodling, among others — pull this off? Or will the prosecutors of the legendary S.D.N.Y. get their man?
“Aww, Matt, why do you have to go around giving us a bad name?”
Ever since Matthew Kluger was charged in a massive insider trading case, involving an alleged conspiracy that spanned 17 years and generated more than $32 million in profit, the foregoing question could be asked by many groups: Cornell grads, NYU law grads, Cravath lawyers, Skadden lawyers, and Wilson Sonsini lawyers.
Tonight we can add more groups to the list: Fried Frank lawyers, and gays — specifically, gay dads.
As reported by the Wall Street Journal earlier tonight, Matt Kluger worked at yet another major law firm: Fried Frank. After he was fired by the firm in 2002, he sued, claiming that partners there discriminated against him because he’s gay — and a father of three, with parenting responsibilities.
Just when you thought this case couldn’t get any weirder, it just did. Matthew Kluger is gay. And a dad. With three kids. Thanks for sending America such a positive image of LGBT parents, Matt!
Let’s take a closer look at Kluger’s suit against Fried Frank — and additional details about Matt Kluger’s complicated personal life, gleaned from ATL tipsters….
* Former Enron CEO Jeffrey Skilling’s appeal was denied by the Fifth Circuit. While he remains the smartest guy in the room, the room consists of him and a half-wit cellmate whose only discernible talent is making Prune-o. [WSJ Law Blog]
* Bruce Fein, an attorney who worked on Clinton’s impeachment and called for Bush’s impeachment as well, has drafted articles of impeachment for Barack Obama. His high crime and misdemeanor? Time theft. [Politico]
* An Ohio man has been charged with a misdemeanor for barking at a police dog. When asked why he was barking at the female dog, the man calmly replied, “Bitch owes me money.” [CBS News]
* The government rested its case in the Raj Rajaratnam trial yesterday. Of additional note is the fact that Rajabba sits ten feet behind his defense table, partially obstructed from the jury box. You can’t completely block Rajabba from view. You can only wish to contain him. [New York Times]
* The government has warned attorneys for former Madoff employees not to use money that might be associated with Madoff’s Ponzi scheme. That includes, for their own health, any ass pennies. [ABA Journal]
* The Fourth Circuit rules in favor of a pundit-professor, in a case about the free speech rights of faculty members at public universities. [Chronicle of Higher Education]
* Charlie Sheen is trying to trademark his catchphrases now. He’s overexposed like a frostbitten penis — is there anything funny left to say about him at this point? (We might try; check in later.) [Forbes]
There’s no contest today for Lawyer of the Day honors. The clear winner is Matthew Kluger, a former associate at three leading law firms, who has been charged in a massive insider trading case. Kluger stands accused of reaping more than $32 million in profit over the course of a 17-year conspiracy, which also allegedly involved a trader, Garrett Bauer. (Kluger and Bauer might not be as big as Raj Rajaratnam, who’s pretty hefty, but their supposed scheme is nothing to scoff at.)
The charges were filed by Paul Fishman, U.S. Attorney for New Jersey (disclosure: my former office). Fishman claims that Matt Kluger passed along insider information that eventually made its way, via an unnamed co-conspirator, to Garrett Bauer, who traded on it. According to the complaint, Kluger and Bauer invested more than $109 million in the scheme, which yielded profits of more than $32.2 million.
Where did Kluger allegedly obtain the inside information? From the three Biglaw firms where he once worked on M&A deals….
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.
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.
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