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Tom & Lorenzo: T LOunge

Tom & Lorenzo Fabulous & Opinionated

T LOunge Jan 31st 2013, 23:51 Darlings, settle yourselves in for a long flight, because we’re jetting off to candy-colored DUBAI tonight! Don’t dress slutty, now!     IKandy Bar, Dubai Fabulous. We’re taking a couch and not moving until our flight home is called. They have people to spray you down if you start ripening. Guest judge Susan Sarandon, Nina [...]

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Above the Law: A Closer Look at Lateral Partner Hiring

Above the Law A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts

A Closer Look at Lateral Partner Hiring Jan 31st 2013, 22:49 Musical Chairs Is lateral partner hiring a game of musical chairs that law firms can’t win? Anecdotes about unsuccessful lateral hires abound. You hear stories about high-profile partners moving from Firm A to Firm B, often lured by huge guarantees, only to leave Firm B a few years later, after failing to integrate or deliver the expected business. And some of the most successful firms in all the land, places with immense prestige and sky-high profits, do very little lateral hiring. Their refusal to engage in the lateral market hasn’t seemed to hurt them. When it comes to lateral hiring, should firms “just say no”? Well, that’s not what’s actually happening in the marketplace. Last year, lateral partner hiring climbed, suggesting that it must be working out — at least for some firms…. The American Lawyer just released its 2013 Lateral Report, a comprehensive collection of articles and data about lateral hiring in 2012. And according to Am Law, the lateral market is booming. Dewey know why? Dewey & LeBoeuf may be gone, but in the lateral market, its legacy lives on. In the 12-month period ending September 30, 2012, 280 Dewey partners flooded the market, helping drive the total number of Am Law 200 lateral partner moves to its highest point in three years. The American Lawyer’s latest lateral survey found that 2,691 partners left or joined Am Law 200 firms during the 12-month period. That was a 9.7 percent increase from the previous year, when 2,454 partners switched firms, and a 33.6 percent increase from 2010. (The numbers for 2011 were boosted in part by another big-firm failure, Howrey, which sent 208 partners into the lateral market.) All told, 2012 marks the highest number of moves since the 12-month period ending September 2009, when a record 2,775 partners changed jobs, largely because of the failure of four big firms: Thacher Proffitt & Wood, Heller Ehrman, Thelen, and WolfBlock. And the trend shows no sign of abating. If anything, it may pick up in 2013: In a survey of leaders of large firms released in October by LexisNexis and ALM Legal Intelligence, the research arm of The American Lawyer ‘s parent company, 96 percent of respondents said their firms plan to pursue lateral partners over the next two years, and nearly three out of four respondents expect their firms to increase lateral hiring over the next five years. In The American Lawyer ‘s annual Law Firm Leaders survey ["Vote of Confidence," December 2012], more than 60 percent of respondents said they spend 11–50 percent of their time hiring laterals. So some firms are investing heavily in lateral recruiting. Is the investment paying off? Not for everyone, according to a second article in the Am Law series: In 2010 a fast-growing Am Law 50 firm wanted to find out how much value it was getting from its lateral hires. The firm compared the revenues and profits generated by new hires who joined in 2007, 2008, and 2009 with the compensation paid to them. The results were discouraging, according to the firm’s chief, who asked that the firm’s identity remain confidential. As a group, the laterals were just breaking even: “From a strictly financial point of view, we found that lateral hiring had been neither accretive nor dilutive” to profits, he says. The firm in question revamped its lateral hiring process, and more-recent lateral partner hires have increased profits by about five percent. But one might wonder if five percent is a good return considering the high cost of lateral talent: Lateral partners are never cheap. Existing law firm partners and firm personnel can spend large amounts of time finding, interviewing, and vetting potential recruits, says Susan Saltonstall Duncan, president of consulting firm RainMaking Oasis Inc. (Duncan also spent a year as the chief strategy and development officer of Squire Sanders.) There can be significant travel costs incurred in the interview and integration process when partners may fly to various offices to meet new colleagues and clients. Headhunter fees can range from 20 to 30 percent of an incoming partner’s annual compensation. And the lag time in the new partner’s billings and collections means that most laterals won’t generate any revenue for the first three to six months of their tenure at a firm. Firms can improve their lateral partner hiring processes in several ways. Here are some examples, along with the firm employing the strategy: Appoint some partners to play “devil’s advocate” during the due diligence process, i.e., to argue against making the lateral hire in question (Squire Sanders). Wall off the recruiting process from the pay negotiation process, by having each step handled by different sets of partners (DLA Piper). Improve integration, perhaps by assigning multiple lawyers to help each new partner become more at home at the new firm (K&L Gates). These are all shrewd moves. There’s certainly a lot of room for improvement in the lateral process. In the longest and most detailed article in the report, Professors William Henderson and Christopher Zorn, both part of the team at Lawyer Metrics, look back at the past dozen years of data about lateral hiring. Their conclusion: [W]e find no statistical relationship between an aggressive lateral strategy and higher profits per partner. Indeed, the most profitable firms tend to have the lowest rates of lateral hiring — roughly 1 percent per year. Yet, outside this elite group, the lateral churn is substantial, with a growing proportion of The Am Law 200 wading into the lateral market. In 2000, 70 percent of The Am Law 200 hired at least one lateral partner. By 2011, the percentage had increased to 89 percent. Departures follow the same pattern. Perhaps we’re being overly pessimistic about lateral hiring. There’s nothing inherently wrong with it; in fact, it has worked out quite well for certain firms. K&L Gates, for example, estimates that 80 to 90 percent of its lateral hires are successful. But it has been disastrous for other firms. The most prominent, of course, is the dearly departed Dewey & LeBoeuf, which went on a lateral hiring spree before its collapse. At the end of the day, lateral hiring is just like any other implement in the toolkit of law firm strategy: it should be used intelligently, judiciously, and in moderation. The 2013 Lateral Report [American Lawyer] Escape Routes [American Lawyer] Building A Better Lateral [American Lawyer] Playing Not to Lose [American Lawyer] A Nothing-in-Moderation Guy: Patrick Fitzgerald [American Lawyer] All-Star Laterals [American Lawyer]

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Tom & Lorenzo: Gant by Michael Bastian Fall 2013 Menswear Collection

Tom & Lorenzo Fabulous & Opinionated

Gant by Michael Bastian Fall 2013 Menswear Collection Jan 31st 2013, 22:49 It’s WELL past boy o’clock around these parts. Let’s get caught up. Michael Bastian went large in terms of inspiration this time, turning toward the iconic imagery of legendary American illustrator Norman Rockwell, whose aesthetic can be found in the preppy, red-cheeked New England winter styles and American classics on display here. There’s a deliberate [...]

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Above the Law: Letter From LegalTech: The Thrills of E-Discovery

Above the Law A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts

Letter From LegalTech: The Thrills of E-Discovery Jan 31st 2013, 21:20 ‘If only I had an eDiscovery solution for compliance and discovery requests to efficiently manage, identify, analyze, and produce potentially responsive information from a single, unified platform. Of course, it would be hosted in a private, cloud-based environment.’ While technology has reduced costs for many areas of legal practice (e.g., research), the centrality of electronically stored information to complex civil litigation has sent discovery costs skyrocketing. Hence the rapid proliferation of e-discovery vendors like so many remoras on the Biglaw shark. Nobody seems to know how large the e-discovery market is — estimates range from 1.2 to 2.8 billion dollars — but everyone agree it’s not going anywhere. We’re never going back to sorting through those boxes of documents in that proverbial warehouse. New amendments to the FRCP specifically dealing with e-discovery became effective way back in December 2006, but if the e-discovery vendors (evangelists?) at this week’s LegalTech tradeshow are to be believed, we are only in the technology’s infancy in terms of its development and impact on the legal profession. At LegalTech, we attended a “supersession” presented by e-discovery provider Planet Data, promising to present “judicial, industry, legal, and media perspectives on where legal technology is taking litigation and how it affects you.” Don’t be jealous…. The format of the panel, comprised of an industry analyst, the editor-in-chief of the National Law Journal, and an e-discovery attorney, was a sort of moot court argument presided over by Michael Baylson, U.S District Judge for the Eastern District of Pennsylvania. The hypothetical scenario involved a discovery dispute between a “global insurance company” and “numerous and various” businesses who allege they were not informed of kickbacks to their insurance brokers. In the promotional material for this panel session, this was described as a “thrilling hypothetical.” True fact. (As Miss Jean Brodie might say, “For those who like that sort of thing, this is the sort of thing they like.”) Anyway, in this pretend discovery dispute, the faux defendants produced hundreds of documents by way of a “stringent technology-assisted review.” The imaginary plaintiffs, on the other hand, produced a mere couple thousand documents by conducting personal interviews and keyword searches. Each side was deeply, hypothetically unhappy with the other. Judge Baylson observed that there were three ways to resolve this dispute: 1) depose those individuals actually involved the review (i.e., the IT guys); 2) appoint a Special Master; and 3) sjbfwbfoe&%ubfo44…. Huh? Sorry, nodded off there for a sec. So anyway, among all the discussion of the work product doctrine and predictive coding algorithms, there emerged an interesting question: should lawyers be held to a standard of technological competence? Judge Baylson and the “attorney” for the plaintiffs, Anne Kershaw, had emphatic responses. During the discussion, Judge Baylson noted, delicately, that there is a wide range of levels of technological savvy to be found among the judiciary and that attorneys would do well to account for these variances in tailoring their arguments. Relatedly, there is a movement afoot, spurred on by a series of recent ethics opinions, and embodied in recent changes to the ABA Model Professional Rule 105A, to hold lawyers accountable for their relative (in)competence regarding all matters technological. Under the new Rule 105A, “[t]o maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” But this is an after-the-fact approach: whether a lawyer ought to be found in violation of an ethical obligation for a technological lapse. Prompted by panel member David Brown, executive editor of ALM, the question was raised as to whether there should be, along with bar passage, character/fitness, the MPRE, etc., some “technology bar exam” requirement as a condition of licensure. Judge Baylson and Anne Kershaw responded with a resounding NO, but for different reasons and from different perspectives. Judge Baylson (our paraphrase): If you look at the federal docket, you have a great many civil rights cases and employment discrimination cases that make up a huge percentage of the caseload. The discovery process in these cases — the vast majority of these cases — do not typically involve the sort of electronic discovery complexities we’ve been discussing here. There is not nor should there be a one-size-fits-all approach to this matter of technological prowess. Anne Kershaw (visibly scoffing): “Technology” is too complex, too quickly evolving, to lend itself to standardization of this type. There are some things for which people use different words, and other times the same word is used to describe different things. I have to ask 150 questions just to understand what they are trying to say. It is the job of a good lawyer to ask hundreds of questions and crystallize the issues so she can take them to the judge and the opposing party for resolution. So that’s a relief. Ted Olson can relax.

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Above the Law: Non-Sequiturs: 01.31.13

Above the Law A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts

Non-Sequiturs: 01.31.13 Jan 31st 2013, 22:12 * Rand Paul “doesn’t really understand” gay marriage. Let me help him out: it’s something that’s none of the government’s business. HTFH. [Huffington Post] * And neither does Aaron Schock. [BuzzFeed] * “Just how crippled is the legal job market? Utterly.” The Atlantic added value to the deceasing law school application story that the New York Times just repacked without linking to anybody. [Atlantic Wire] * I can see how Budweiser buying Modelo raises antitrust concerns. But since it’s a potential monopoly over “crappy beer,” I don’t really care. [Dealbook] * Sorry, but I don’t see Manti Te’o suing his gay lover mean persecutor, Ronaiah Tuiasosopo. [The Volokh Conspiracy] * If Hitler got royalties. [The Schwartz Report] * The man suspected of shooting Arizona attorney Mark P. Hummels has been found dead. And after earlier optimism, Hummels is now not expected to survive. [ABA Journal]

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Tom & Lorenzo: Leslie Mann in Marni

Tom & Lorenzo Fabulous & Opinionated

Leslie Mann in Marni Jan 31st 2013, 21:35 Leslie Mann (pictured with Paul Rudd) attends ‘This is 40′ (‘Immer Aerger mit 40′) Berlin Photocall in Marni. Marni Resort 2013 Collection/Model: Marte Mei van Haaster     [Photo Credit: Away!/PR Photos, style.com]

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Tom & Lorenzo: Cover Girl: Drew Barrymore for Harper’s Bazaar

Tom & Lorenzo Fabulous & Opinionated

Cover Girl: Drew Barrymore for Harper's Bazaar Jan 31st 2013, 20:19 Miss Drew’s been away from the spotlight in order to gestate a human, but she’s back, looking fresh and (no doubt due to Photoshop) well-rested in her new role of mommy.   Drew Barrymore covers the March 2013 issue of Harper’s Bazaar magazine photographed by Daniel Jackson. “When my daughter was born, I thought to [...]

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Above the Law: Looking Good When The Weather’s Bad: A Fashion Primer

Above the Law A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts

Looking Good When The Weather's Bad: A Fashion Primer Jan 31st 2013, 20:29 Ed. note: This is the third installment in a new series of monthly posts, brought to you by Corporette’s Kat Griffin, which will deal with topical business and lifestyle issues that present themselves in the world of Biglaw. Send your ideas for columns to us here. One of the biggest sartorial challenges that both men and women face is looking professional in bad weather. Whether it’s slush, snow, rain, or just absolutely freezing temperatures, showing up at your office, meeting, or court appearance looking like the abominable snowman is usually frowned upon. So how can you look your best but also stay warm and dry? Looking professional in cold weather is one of the biggest questions I get over at Corporette. The answer, as always, varies by office, but here are a few thoughts: Buy a winter jacket big enough to wear suit blazers beneath. For men this may be a no-brainer, but for women, yes, you may have to size up. Look for a jacket that hits mid-thigh (or longer) to stay warmest — nothing looks worse than a blazer jacket peeking out beneath a too-short wool coat (or — yeesh — a ski jacket). Shoewear can be tricky: barring absolutely horrible weather, most professional situations require you to show up with something resembling shoes (and not, say, Uggs or snowboots that make it look like you’re off to explore the Arctic afterwards.) If you’re just headed to the office, it’s usually fine to commute in galoshes or rain boots — just bring your shoes with you, or switch into shoes you keep at the office. If you’re headed to a meeting or an interview, though, it can be a bit trickier. Hunter now makes foldable rainboots, and I’ve always kept a pair of Shuellas stashed in a desk drawer. If all else fails, waterproof your shoes (or ask your shoe guy to do it for you) and hope your driver can drop you off as close as possible. Layer! If it’s truly freezing outside, silk long johns (available for both men and women) are a great way to add warmth without adding bulk. Similarly, women can get a big wool or cashmere wrap — it’s easy to layer on top of your jacket or blazer if you find yourself under dressed, but easy to use as just a scarf (or to tuck away into your bag) if you’re over dressed for the weather. If you’re traveling to a place with possibly bad weather, do a bit of research to understand the challenges. For example, here in New York in the winter, the biggest challenge is often the huge, unpredictably deep puddles in the subways and on the streets, so appropriate shoewear (and careful stepping) is always needed. Finally, one of the questions I get regularly is whether women can wear tights to interviews and other big meetings. In previous Corporette polls, readers have always generally opposed wearing tights to interviews (or with skirt suits in general). This doesn’t mean you can’t do it, but you should probably think twice about it, particularly if you’re headed into a very conservative situation. Do you find there are challenges to looking professional in bad weather? Have you found any great solutions? Kat Griffin is the founder, publisher, and editor-in-chief of Corporette. She received her JD with honors from Georgetown University Law Center, and then returned to New York to work at Cahill Gordon & Reindel LLP, where she worked as a litigator for six years; she then worked as a staff attorney at the Media Law Resource Center for two years. You can contact Kat here.

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Tom & Lorenzo: IN or OUT: Kate Mara in Dolce&Gabbana

Tom & Lorenzo Fabulous & Opinionated

IN or OUT: Kate Mara in Dolce&Gabbana Jan 31st 2013, 19:30 This dress has multiple personality disorder. Or maybe it’s just insecure and doesn’t know who it wants to be.   Kate Mara attends ‘House of Cards’ Netflix TV Series New York City Premiere in a Dolce&Gabbana dress paired with a Judith Leiber clutch and Brian Atwood sandals. Dolce&Gabbana Fall 2012 Collection/Model: Xiao Wen Ju Judith [...]

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Above the Law: From Biglaw to Boutique: Behind the Curtain

Above the Law A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts

From Biglaw to Boutique: Behind the Curtain Jan 31st 2013, 19:43 Tom Wallerstein I was grateful that Quinn Emanuel sent me to Los Angeles for a multi-week long, intensive trial advocacy training program. The instructors were incredible and the program overall was one of the most valuable training experiences of my career. Some of the sessions featured practice drills followed by critiques from practicing attorneys. In one of the sessions, that "mentor" role was filled by a junior partner in a well-known firm. He had long, wavy hair and wore a tight silk shirt with the top several buttons open, exposing his chest hair and gold chains. His cologne should have been arrested for olfactory assault. If you think of a 1980s hair-metal band you will get the right idea. Creepy-looking Mentor was constantly flipping his hair and paying far too much attention to the young, female associates. (He seemed to think it was particularly important to help them with their cross-examination posture, as he made a point of standing behind them and guiding them like a golf or tennis pro might do.) Even though the program was only "practice" — cue Allen Iverson — there was a lot of pressure because many firm partners were there watching and, presumably, evaluating us. In this particular session, the associate doing a cross examination was very nervous, and visibly shaking. When the associated was finished, Mentor said he had a relevant war story he thought would be helpful to share, and did so…. "When I was an associate, I was working with Famous Trial Attorney on his biggest case to date. We were in trial, and the whole trial was coming down to a battle of the experts. Well, wouldn't you know it, but the night before the other side's expert had to testify, something came up [I can't remember what he said], and Famous Trial Attorney told me that I would have to conduct the cross examination myself at trial!" Mentor continued: "You can imagine how nervous I was. There I was, a mere associate, and suddenly I had to conduct the most important cross examination in the firm's most important case. I tell you, when I walked into court the next day, my heart was definitely beating out of my chest. I'm sure my hands and knees were visibly shaking, too." Wow, amazing. So what happened, Fabio? "Oh, I crushed him. We won the trial because of my cross examination." Hair flip. Do you see why Mentor shared that uplifting story with us? No? Well, me either. I could not believe that this guy who embodied the worst of LA stereotypes was so loose with the truth as to tell such a ridiculously exaggerated story. The true point of his story seemed to be "of course you are nervous because you will never be as awesome as I am." Several months later, I was attending one of a series of seminars on "How to Become a Rainmaker." The panel included Junior Partner, of another brand-name firm, who was supposed to give insight into how he developed such a sizable book of business so early in his career. Junior Partner said, "I want to relay this story of how I got Very Important Client." The attendees leaned forward, eager, listening for the secret. Once again, the gist of the story was how awesome Junior Partner was, and his anecdote had absolutely zero value for anyone listening. To the contrary, the subtle, unspoken moral of Junior Partner's story seemed to be, "don't even try to be a rainmaker because you don't have the magic that I have." I wish that my experiences with Mentor and Junior Partner were anomalies, but they're not. Consistently throughout my career, I have encountered supposed mentors who were self-centered to the extreme, and whose only "advice" was thinly-disguised self-promotion. Why is this so common? With apologies to Will Meyerhofer, allow me to play armchair psychologist for a moment. I have written before that sometimes the most "successful" lawyers are not necessarily the cream of the crop; that is, the most talented or smartest practicing attorneys. Sometimes they are the Emilio Estevez and not the Anthony Michael Hall of the lawyer's Breakfast Club. Many of those attorneys who are not necessarily the best or brightest of their peers want others to believe that their success is due to some inherent, special talent, as opposed to mere good fortune. Their ego demands that they rationalize and justify their success. Humility is anathema to their psyche. If exposed, they desperately beseech you to "pay no attention to the man behind the curtain!" The best lawyers are different. They are confident about their skills and don't thrive off the admiration of young associates. They are quick to credit others for their success. It is from these types of attorneys who you should seek to learn. These are the attorneys you should seek out as mentors. I don't know if the ego problem is better or worse in Biglaw than small. But I am pretty sure that the skills needed to succeed in the law are not mysterious, or elusive, or even particularly difficult to master. I assume that mastering them, like everything else worthwhile, requires dedication and practice. Being an associate is difficult enough without buying into others' self-serving notions that, despite all your education and effort, you don't have what it takes to succeed. If you find yourself responsible for generating your own business, you will quickly discover that necessity is the mother of invention. Until then, try to seek out and learn from others who have nothing to prove and will more eagerly share the secrets behind the curtain. Tom Wallerstein lives in San Francisco and is a partner with Colt Wallerstein LLP, a Silicon Valley litigation boutique. The firm’s practice focuses on high tech trade secret, employment, and general complex-commercial litigation. He can be reached at tomwallerstein@coltwallerstein.com.

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Tom & Lorenzo: Diane Kruger in Stella McCartney

Tom & Lorenzo Fabulous & Opinionated

Diane Kruger in Stella McCartney Jan 31st 2013, 18:33 Darlings, we had every intention of putting this one up to an IN or OUT vote, but then we realized it’s Stella and asking a Bitter Kitten their opinion of the works of Stella McCartney is like eating a steak off a leather plate at a PETA meeting. You pretty much know which way the [...]

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Above the Law: Law School Offers Straight Cash To Make Students Study For The Bar

Above the Law A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts

Law School Offers Straight Cash To Make Students Study For The Bar Jan 31st 2013, 18:47 For some people, passing the bar is really easy. Some people (ahem) can spend three years of law school with a BAC approaching “flammable,” sober up for six weeks of BAR/BRI, pass the test, and move on with their lives. People who pass the bar aren’t necessarily “smart.” But they do well on standardized tests. Other people have a real problem with the bar. Those people aren’t necessarily stupid or lazy. For the most part, bar failure happens to people who don’t standardize test well and are pointlessly trying to memorize “all” the information instead of being taught how to prioritize the information they have. Of course, people who don’t standardize test well and have problems prioritizing information don’t suddenly start doing poorly on the bar exam. They probably lost points on the SAT, but maybe their raw intellectual capacity powered them through to a decent enough score. Maybe they did well at an average college, and then BOMBED the LSAT (which exists to punish people who don’t prioritize information correctly). So they end up going to a low ranked law school, but they haven’t addressed their testing problems because they think the LSAT was just “one bad day.” These kind of people spend three years making excuses for their LSAT scores, developing huge chips on their shoulders about how they’re just as smart as people who scored ten points higher (as if standardized tests give a damn about how smart you are), and figure they’ll rock out on the bar because, “Derp, I got an A in evidence, so I’ll ace that section, derp.” And then wham, the bar hits them upside the head, they fail, and they blame their law school, their professors, and the exam itself. Since drops in bar passage rates make law schools look bad, one law school has an innovative approach to reach kids before they run into a bar exam buzzsaw. And it starts with giving them cash…. New York Law School gets its fair share of people that haven’t exactly excelled on standardized tests in the past. To address this concern, they’ve created a program — they call it Jump Start — to help prepare kids to take the bar exam (and they basically beg their students to sign up for a bar exam course). People who pass the bar like to think that they’ve done so based on some feat of intellectual strength, but there are simply standardized test “tricks” that can be learned that help you tackle something as massive as the bar exam. But you have to convince students to take these courses and, a lot of times, students who think that they just had one bad day on the LSAT are unwilling to admit that they need “extra” or even “remedial” help in standardized test taking. They think the three years of law school is a “bar prep course.” I know, that’s incredibly stupid, I’m just the messenger. More maddeningly, you’ve got kids who will pay or borrow tens of thousands of dollars a semester to take “corporations” and “intellectual property,” but balk when you tell to plop down a grand for a bar prep course. Let me put it this way, paying for three years of law school and then not taking a bar prep course is like auditioning for the role of Hamlet when you need to get Hooked on Phonics. To address these problems, New York Law School is offering $500 in cash to any student that completes its Jump Start bar prep program. As one tipster put it: Given NYLS recent plunge in bar passage rates, this is both desperate and genius. I think (and I rarely say this about anything any law school does ever) that this might just be straight “genius.” Here’s the plan to give students cash, in pertinent part, as explained to students by NYLS Dean Anthony Crowell: While [the Jump Start program] does not replace the need to take a bar prep course, it will provide a solid foundation for your bar study and will help you be ready to hit the ground running and make the most of a bar prep course when you start it this summer. I believe in this program and strongly encourage you to participate. Getting early feedback on your performance on practice questions is crucial to assessing your strengths as well as areas for improvement as you begin formal bar prep. I understand that you all have many demands on you from school and work, but I believe this program is so vital that I have arranged for every student who completes all five sessions to receive $500 in cash, which I hope you will put towards a bar prep program. You can read the full plan on the next page. First of all, it’s a law school giving money to students instead of taking more money from them. That alone is noteworthy. But it’s also a program that gives students an incentive to help themselves. A source at NYLS reports that school surveys of people who didn’t pass the bar show an alarming number of students who didn’t take any bar prep course or took a random, unproven one. So if $500 in cash encourages students to complete the pre-course (which alone might make them realize that they need additional preparation to pass the bar), but also gives them a “down payment” on a full bar prep course, what’s not to like? Again, NYLS probably has a disproportionate amount of people who don’t do well on standardized tests and don’t know know the importance of test prep. If the cold reality of the LSAT didn’t get these kids to think about taking standardized tests differently, maybe $500 in cash money will. Hey, deans of other law schools reading this: check out the next page to see the NYLS plan. Yes, giving students cash is usually a good thing….

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Tom & Lorenzo: Kerry Washington on Good Morning America

Tom & Lorenzo Fabulous & Opinionated

Kerry Washington on Good Morning America Jan 31st 2013, 17:32 How freaking cute is this?   Kerry Washington stops by ‘Good Morning America’ in New York City in an A.L.C skirt paired with a Wes Gordon knit top and Christian Louboutin brogues. So perfectly schoolgirl-edgy without tipping over into twee or sexytimes. Just right. Worship the shoes. Of course, this only proves our oft-argued point [...]

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Above the Law: Where U.S. Copyrights Go To Die

Above the Law A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts

Where U.S. Copyrights Go To Die Jan 31st 2013, 17:20 Antigua & Barbuda 1 United States 0 Have you been holding off on buying your copy of Supertrain: The Complete Series in hopes of downloading it illegally without fear of reprisal? Well, you have a friend in Antigua & Barbuda. In a Monday decision by the World Trade Organization, Antigua & Barbuda can now legally offer downloads of copyrighted U.S. works, and there’s not a damn thing the U.S. can do about it. The decision marks the latest chapter in the long-running trade dispute between the U.S. and the tiny Caribbean nation over Antigua’s internet gambling industry. The U.S. banned Antigua’s internet casinos, Antigua took the U.S. to court through the WTO, and Antigua won — and has continued to win — consistently throughout the appeal process. And now, in what passes for the sentencing phase of the WTO proceedings, Antigua has earned the right to violate the hell out of U.S. copyrights up to the value of $21 million a year. Does that seem illogical? Welcome to the WTO…. The WTO would like to remind you that she started it. See, the WTO doesn’t have the power to order sovereign nations to change their laws just because the member state violates the WTO rules. Instead, the WTO authorizes the aggrieved state to break other trade rules to screw the first country to a commensurate degree. For example, if China breaks the anti-dumping rules for tires, the U.S. is allowed to unfairly tax Chinese steel to make up the difference. To recap, the WTO governs international trade like an incredibly bad parent. “Because you pulled Sally’s hair, she gets a free shot to kick you in the nuts. Justice!!!” I rarely feel sympathy for the MPAA and RIAA, but why exactly do they deserve to be screwed because a noxious cocktail of puritanical officials and gambling industry lobbyists have captured federal lawmaking and shut down online gambling? American copyright holders have been dragged into the middle of a brawl over someone else’s parking space, and will lose millions in revenue through no fault of their own. So maybe the WTO really says, “Because you pulled Sally’s hair, she gets a free shot to kick your friend from school in the nuts. Justice!!!” Lobbyists are already pressing their case with sympathetic lawmakers, hoping to cut off Antigua’s aid packages in retaliation. That’s the spirit of free trade! Now Antigua may not go forward with their clever plan to start selling intellectual property wholesale. They have threatened this before and backed off. At the end of the day, all Antigua really wants is a deal: “The economy of Antigua and Barbuda has been devastated by the United States government’s long campaign to prevent American consumers from gambling online with offshore gaming operators," Harold Lovell, Antigua’s finance minister, said in a statement. "We once again ask our fellow sovereign nation and WTO member, the United States of America, to act in accordance with the WTO’s decisions in this matter, before we move forward with the implementation of the sanctions authorized this day by the WTO." I was living in the Northwest during the great Seattle WTO riots. Many a hippie head was cracked in the name of resisting an institution that they were convinced would legitimize the U.S. running roughshod over the smaller economies of the world. Meanwhile, the proponents of the WTO claimed that it would level the playing field for smaller countries. If the WTO was really meant to prop up large trading powers, then never underestimate the capacity of an institution to buy its own hype. According to Antigua’s lawyer, Mark Mendel: “One of the messages we want to get across is that the WTO was sold to smaller countries as a level playing field and a way for them to expand the reach of commerce, subject to a set of rules that apply to everybody. I think more than anything else, this case is about fairness. The WTO is supposed to be fair.” The U.S., a prominent WTO backer, is not amused by this turn of events. And with good reason. Antigua is not the only country with online casinos seeking access to U.S. bettors. Armed with this precedent, formal complaints could proliferate. So if your practice revolves around international trade, it might be a good time to get on the phone with Vanuatu.

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Above the Law: Prosecutor Shot and Killed Near Courthouse

Above the Law A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law School, Law Suits, Judges and Courts

Prosecutor Shot and Killed Near Courthouse Jan 31st 2013, 17:50 The crime scene. Yesterday brought word of a law firm shooting in Phoenix in which a partner was injured. Today we have news of more gun violence, this time from Texas, resulting in the death of a prosecutor. This morning, an assistant district attorney in Kaufman County, Texas, was shot and killed outside the courthouse. Assistant District Attorney Mark Hasse was on his way to misdemeanor court when he was ambushed by two men and gunned down. The situation is still developing, but here’s what we know right now…. Here’s a report from KHOU out of Houston: Kaufman County Sheriff’s Department spokeswoman Pat Laney said the suspects ambushed the assistant DA on his way in to court and shot him multiple times at about 8:50 a.m. They then fled the scene. The courthouse was locked down and later closed for the day. County Judge Wayne Gent confirmed the victim’s identity as Assistant District Attorney Mark Hasse. The veteran worked as a prosecutor in Dallas County from 1983 to 1990. Gent told News 8′s Jonathan Betz that Hasse was not working on any high-profile cases that would’ve required any extra security. Investigators are following up on his caseload, however. So it’s not yet clear why Hasse was targeted. Here is information about the suspects: The Texas Department of Public Safety sent out an alert for troopers to be on lookout for a silver “older model” Ford Taurus. According to the alert, the two suspects are wearing all black and at least one is in a tactical vest. DPS choppers are flying low over the treeline in north Kaufman. Here is an email that the Dallas County district attorney’s office issued about the shooting: This message is not intended to scare anyone but please be advised. A Kaufman County prosecutor was fatally shot a few minutes ago outside the Kaufman County Courthouse in Kaufman. Two masked gunman are the suspects. They have not been apprehended yet. Please be aware of your surroundings when leaving the building for your safety. This is probably a isolated incident but until further notice if you plan to work past dark today please be careful and ask security for assistance escorting you to your vehicles if needed. I will keep you informed as to the arrest of the suspects when i am notified. Don't panic but please be aware of your environment when leaving the building. Working as an assistant district attorney can be a perilous form of public service. This is sadly not the first time we’ve written in these pages about an attack on a prosecutor. We extend our sympathies and condolences to Mark Hasse’s family, friends, and colleagues. Kaufman County Judge identifies assistant DA, calls shooting an ‘ambush’ [KHOU via Huffington Post] Kaufman County Assistant DA Shot, Killed Near Courthouse [NBC 5 / Dallas-Fort Worth] Earlier: Lawyer of the Day: Harry Batchelder

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Tom & Lorenzo: Holland Roden in Alice + Olivia

Tom & Lorenzo Fabulous & Opinionated

Holland Roden in Alice + Olivia Jan 31st 2013, 16:37 Holland Roden attends the premiere of ‘Warm Bodies’ in Los Angeles in an Alice + Olivia dress paired with Jerome C. Rousseau sandals and clutch. Alice + Olivia Spring 2013 Collection Jerome C. Rousseau Jem Python Clutch Jerome C. Rousseau Zell Strappy Sandal     [Photo Credit: Andrew Evans, Emiley Schweich, Izumi Hasegawa/PR Photos, style.com, [...]

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