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Articles by Daniel Roark
Lateral Upwards
“Opportunities multiply as they are seized, but you need the first opportunity.” – Sun Tzu, The Art of War If you are a biglaw or regional law firm associate, you may (justifiably) feel you have got it made. Yes, the hours are long and the clients demanding, but you are paid handsomely for your time, the work is important, and by objective standards life is good. Most importantly and whether true or not, your employer has made clear that your job is secure.
Don’t Freak Out About Applying To Law School During The Pandemic
I know you know this, but it’s a weird time to be alive right now. Nothing is typical and that includes law school admissions. Instead of the standard LSAT that generations of law school applicants have learned to love/hate, COVID-19 has forced the advent of the LSAT-Flex. The LSAT-Flex is similar to the traditional LSAT but is composed of three 35-minute scored sections instead of five 35-minute sections (four scored and one unscored).
Bill Barr Will Defund ‘Anarchist Cities.’ Bill Barr Will Also Define ‘Anarchist Cities.’ Convenient!
(Photo by Mark Wilson/Getty Images) Bill Barr is going to defund the police! And schools, and Medicaid, and housing, and the environment, and everything else that receives federal subsidies in New York, Portland, and Seattle because ANARCHISTS DESTROYING AMERICAN CITIES! No, they really aren’t.
A Lack Of (Good) Faith: Why Social Media Needs To Respect Section 230 Immunity
Sometimes you really need to be careful with what you have — especially if you are a social media platform. In today’s current political climate, this point is a compelling understatement.
The Way Women Are
(Photo by Joanne Rathe/The Boston Globe via Getty Images) While we all know a lot about Ruth Bader Ginsburg, few of us (even lawyers) have studied her opinions. They say the way to know a person’s mind is through her words, and one of the best ways to appreciate how RBG thought is to read the recently released book, The Way Women Are, Transformative Opinions and Dissents by Justice Ruth Bader Ginsburg.
Liberal Calls For Court Packing Gain Steam, And Mitch McConnell Couldn’t Be Happier
(Photo by Melina Mara/The Washington Post) Joe Biden is on record that he opposes court packing. Earlier this primary season, Biden explained, “I’m not prepared to go on and try to pack the court, because we’ll live to rue that day.” As it so happens, the former chair of the Senate Judiciary Committee knows what it’s like to rue a day thanks to Republican senators.
Thinking Outside The ‘Lawyer’ Box
Despite common stereotypes about the profession, individual lawyers don’t fit neatly into any box. While in a herd, we may be stubborn, risk-averse, and adversarial, on our own, we’re human beings — complex and containing multitudes. Even among “lawyers,” there are scattered gems of varieties — different personalities, experiences, and talents. So why not bring that complexity to your life and day-to-day work and enjoy the full spectrum of experiences in the workplace?
Bar Examiners: ‘This Will Be Fine!’ Also Examiners: ‘We Need To Hire The Mass Shooting PR Firm.’
The technical problems with the upcoming online bar exams continue to mount. Over the the last several days, we’ve had whole classes of computers banned, a discriminatory breakdown in facial recognition, and the bar exam just… refusing to answer the phones. In the latter case, it’s not that they don’t want to be answering the phones, it’s that the volume of calls from applicants suffering through technical difficulties now two weeks before this exam have shut them down — which is actually worse.
Morning Docket: 09.21.20
* Dr. Dre’s estranged wife has filed a lawsuit claiming she co-owns the trademark to his name. Maybe she owns the “Dr.” part… [Yahoo News] * Julian Assange was allegedly offered a presidential pardon in exchange for revealing the source of leaked Democratic National Committee emails. [Bloomberg Law] * A Florida attorney is in hot water over allegedly misappropriating client funds.
To Others, The Visuals Matter - Your Creativity, Not So Much
When you’ve presented your closing argument to the jury with reference to a summary chart, they may have no idea how creative you were in finding the particular claim or defense that got you to this point. When you make a seemingly perfect, pithy argument regarding a case distinction in your brief, the judge or her clerk reading your brief may have no idea how hard it was to find that seemingly on-point case.
Electronic Legacies: Miles, Coins, And Handles
Children, assets, estranged relatives. These are the common issues that testators address when writing a last will and testament. Who should raise the kids? Who can manage the money? Who should have nothing to do with my estate and my legacy? In recent years, another concern has been determining who will control, review, and collect one’s electronic accounts and assets upon death. Social media, email, and online business transactions are not just for millennials.
Some ‘Competitive’ Biglaw Firms Will Likely Bow Out From The COVID Bonus Wars
‘Why did I pick this firm?’ A lot will have pressure to do it, and maybe some will and some won’t. I think the [financial] variation is causing many law firm chairs to be performing a very delicate balancing act. There will be a group of firms, perhaps as large as a quarter of the Am Law 200, that doesn’t have as much flexibility to stay as competitive as they historically have.
Biglaw COVID Appreciation Bonuses Come To The West Coast
The excitement over COVID appreciation bonuses is just getting started! Cooley got the COVID appreciation bonuses ball rolling earlier this week. But Davis Polk did not come to play, and they wowed with more money and others have matched that more generous scale. It remains to be seen exactly which firms will pony up the cash to meet the top of the market, but we have at least a partial answer: Irell is in.
Am Law 100 Firm Announces Attorney Layoffs, Salary Cut Rollbacks
One by one, Biglaw firms that introduced austerity measures in the spring due to the coronavirus crisis are now reversing them, but in some cases, the news isn’t all good. When announcing salary cut reversals, some firms have managed to slip in news about layoffs in the same breath.
Online Bar Exams Rely On Facial Recognition Tech And Guess What? It’s Still Racist!
There’s a lot out there about the racist history of facial recognition algorithms. Academics have noted that the , a 2019 government study confirmed it, and states are looking into banning it. But for thousands of soon-to-be attorneys across the United States, this technology will decide whether or not they’re cheating on their bar exams in a couple weeks. What can possibly go wrong?
Morning Docket: 09.18.20
* Nicki Minaj has scored a win in a lawsuit alleging that one of her songs infringed on another artist’s copyright. Hope there were live performances at the motion hearing… [Vulture] * If you ever wanted to know the amazing story of New York personal injury powerhouse Cellino and Barnes, check out this article…and listen to the jingle. [Intelligencer] * InfoWars founder Alex Jones has been denied a delay in a defamation lawsuit stemming from Jones’ statements about the Sandy Hook shootings.
COVID Appreciation Bonuses Are The New Biglaw Hottness - See Also
Bar Exam Debacle Continues: Desktop computers now banned… for some reason. And Bar Exam Complainer Gets In-Depth C&F Treatment: I’m sure it’s a coincidence. Best Midsize Firms To Work For: The latest list.
Where There’s Smoke…
(U.S. Forest Service photo by Mike McMillan) Have you ever lived in a stale ashtray? A fireplace? That’s what it is like now up and down the West Coast. If you have travel plans to come this way in the immediate future, change them. Do not come. We haven’t seen blue sky, at least here in California, for more than a week. We’ve had the worst smog in almost three decades. Friends who can escape do, to Wyoming or Utah or places further east.
Vault ‘Quality Of Life’ Rankings: The Best Midsize Law Firms To Work For (2021)
Vault recently published the 2021 edition of all manner of its closely watched rankings for the largest law firms in the country, proving that money — in the form of Cravath’s perennially competitive pay scale — can buy prestige and happiness. But what about the nation’s midsized and regional firms? Which ones are the best to work for, and will young associates be happy there as associates Today, Vault released the latest edition of its list of the 25 Best Midsize Law Firms to Work For.
Another Elite Firm Affirms Their Commitment To The Top Of The Bonus Scale
Elite boutique Hueston Hennigan has also entered the COVID bonus fray. The firm, which traditionally blows the Biglaw market year-end bonuses out of the water, has announced a second round of bonuses at the firm. Back in April, the firm bucked the austerity trend that was making its way through Biglaw. Then they offered staff a special $1,000 bonus to assist them or their families with any unexpected expenses during the pandemic.
After Criticizing Bar Examiners, Bar Applicant’s Character & Fitness Review Mysteriously Ramped Up
The Florida Board of Bar Examiners told Brian Heckmann that he had a clean, qualifying record in 2018.
Morning Docket: 09.17.20
(Photo by Michael Loccisano/Getty) * Kayne West said he was going to tweet his recording contracts since he apparently needs “every lawyer in the world to look at these.” Can all of us lawyers send him a bill if we review the agreements? [Hollywood Reporter] * Joe Biden is purportedly assembling an army of lawyers for a possible post-election legal fight.
Milbank Wades Into COVID-19 Bonus War
We called it yesterday, the COVID-19 bonus wars are upon us. Cooley’s announcement got the ball rolling — and sent a signal to elite Biglaw firms that they’re going to have to pony up additional bonus money, on top of year-end bonuses — as a special thank you for all the hard work associates have been putting in during this difficult time. Then Davis Polk came over the top, offering associates a lot more money than Cooley did. Now we have our first match.
Cheating Concerns For The Online Bar Exam - See Also
COVID Stories: Sidestepping Doomscrolling and Staying Sane During Coronavirus COVID Stories: Sidestepping Doomscrolling and Staying Sane During Coronavirus Doomscrolling: It’s that compulsive need to check news sites over and over again. It’s not just a bad habit, it can also be downright damaging to your mental health. So what can you do about it? Learn more in Rocket Matter’s latest blog post. Doomscrolling: It’s that compulsive need to check news sites over and over again.
Shocking Exactly No One, Male Biglaw Partners Get Paid A Lot More Than Women
Ed. Note: Welcome to our daily feature Trivia Question of the Day! According to a retrospective survey of partner compensation data compiled by Major, Lindsey & Africa, from 2000 to 2018, by what percentage did compensation go up for male partners? Hint: For women, compensation only went up 22 percent over that same time period. See the answer on the next page. Love ATL? Let's make it official. Sign up for our newsletter. We will never sell or share your information without your consent.
DC To ‘Potentially’ Offer Emergency Diploma Privilege
As recent graduates are about to enter their sixth month of preparing for a bar exam that may or may not happen and/or kill them, most jurisdictions can’t overcome their own intellectual laziness to address the mounting concerns over the licensing process.
MacBooks May Be Able To Cheat The Online Bar Exam
Can a user cheat on the upcoming online bar exam and ruin the curve for everyone? It’s an overriding concern for applicants who understand that — despite the claims of bar examiners — the exam does not test “minimum competency” as much as ensure that around 20-25 percent of applicants fail.
Morning Docket: 09.16.20
* The New York Attorney General has announced a settlement with Dunkin’ over a security breach. I don’t mind others knowing how much pumpkin coffee I’ve been drinking… [CBS News] * Oral arguments at New York’s highest court were cancelled earlier this month because one of the attorneys had a high temperature. [Brooklyn Eagle] * The Justice Department is looking into whether John Bolton (not Michael Bolton) improperly divulged confidential information in his new book.
Now That’s What You Call A Special Bonus! - See Also
The COVID-19 Bonus Wars Have Begun: Fresh off Cooley’s announcement yesterday, Davis Polk comes over the top. Bar Examinee Tests Positive For COVID After Exam: These in-person bar exams are totally a great idea. Reversing Pay Cuts: At Duane Morris and Squire Patton Boggs. Working From Home Is Here To Stay: Herbert Smith Freehills has a new policy to codify that. The Best Place To Work In Biglaw: I guess not everyone hates working at law firms.
In Biglaw, The Rich Partners Keep Getting Richer
Ed. Note: Welcome to our daily feature Trivia Question of the Day! According to a retrospective survey of partner compensation data compiled by Major, Lindsey & Africa, from 2000 to 2018, by what percentage did compensation go up for top-earning partners? Hint: For low level partners, compensation only went up 15 percent over that same time period. See the answer on the next page. Love ATL? Let's make it official. Sign up for our newsletter.
3 Questions For A Litigation Finance Consultant (Part II)
This week, I continue my written interview with Rebecca Berrebi of litigation finance consultancy Avenue 33 LLC, regarding her experience in the legal industry and her decision to launch her new firm. Please see below for Rebecca’s answers to my second and third questions, focused on her view of the rapidly evolving field of litigation finance, especially in light of the stress on legal budgets presented by the COVID-19 pandemic.
Unsubscribing, Solidarity Statements, Critical Race Theory, And The Enervation Of One Quadruple-Minority Professor
Avoiding work around midnight on the 31st of August, I took a moment to avoid working (yes, law professors work) on my Biz Orgs slides. So that’s what led me to my trash folder. Oftentimes, being the minority puts you in an awkward spot. It is difficult to feel connected to people who have different realities than me. So, I send all of my listserv e-mails to my trash folder as an Outlook rule.
WOW!!! Davis Polk Raises The Bar On Bonuses
That cheering you hear is coming from the offices of Davis Polk, where associates were just handed a cascade of good news beginning with some special bonuses. Remember when we were applauding Cooley LLP for giving senior associates $7,500? Well, Davis Polk decided to blow up that scale like they were making a Michael Bay movie. Domestic associates in good standing will be receiving special Fall bonuses in recognition of their hard work throughout [gestures wildly at everything].
Billion-Dollar Biglaw Firm Reverses Pay Cuts For Associates
The Biglaw good news keeps on coming. We are seeing more and more firms that slashed salaries in the early days of COVID-19 do an about face and restoring compensation levels to where they were before the pandemic. The latest firm to do that is Squire Patton Boggs. Back in May, Squire Patton Boggs announced a 20 percent salary cut for all associates. Staff saw a range of cuts, between 10 and 20 percent, depending on salary.
Vault ‘Quality Of Life’ Rankings: The Best Law Firms To Work For In America (2021)
Last week, Vault released the 2021 edition of its closely watched law firm rankings, proving that money — in the form of Cravath’s perennially competitive pay scale — can buy prestige. But can that money buy happiness?
Morning Docket: 09.15.20
* A Florida city has repealed an ordinance against saggy pants over claims that the law unfairly targeted people of color. [Fox News] * An Iowa lawyer, who transferred a case to another lawyer without client consent, has been suspended from practice. [Bloomberg Law] * The Mayor of Rochester, New York has fired the city’s police chief and suspended the Rochester City Attorney over the death of Daniel Prude.
Devin Nunes’s Family Sues Reporter For Defamation, Now They Can Answer His Questions Under Oath
If Devin Nunes’s family is trying to stop Americans from reading Ryan Lizza’s September 2018 Esquire article Devin Nunes’s Family Farm Is Hiding a Politically Explosive Secret, forcing it back into the news cycle every three months is a weird way to go about it.
Biglaw Firm Keeps Salary Cuts In Force, Will Make Associates Do Extra Work To Recoup Lost Pay
As more and more firms make moves to reverse their COVID-19 austerity measures, either in whole or in part, Biglaw associates have come to expect the retroactive payment of compensation that was cut and some have been left wanting. But at some firms, the extra work associates need to do to recoup their lost cash just doesn’t seem to be worth it.
The Best Laid Plans Of The Texas Bar Exam….
It never seemed like a great idea when Texas decided to go forward with its bar exam by shoving applicants into a hotel “bubble.” Sure it was better than forcing folks to take it in a convention hall, but logistical hurdles always seemed to crop up at every turn. The examiners put out their intense and only slightly unintentionally hilarious training video, and it certainly gave the impression that they’d thought of everything. It turned out they had not.
You Have One Job, Judges! - See Also
Come On, People!: State Supreme Court refuses to perform its most basic duty. Some Good News: Eversheds and Dentons deliver some positive compensation news. End Of An Era: Davis Polk moves on from pure lockstep compensation. Please Don’t Discuss Our Crazy: Harvard Law School wants to clamp down students telling the world how busted things are there.
Davis Polk Confirms That We’re In The Twilight Of The Lockstep Firm
For decades, one marker of a truly prestigious law firm was a commitment to lockstep partner compensation based on seniority. It reflected a “one-firm” philosophy that every partner’s practice contributed to the overall success of the firm and that long-term partnership buy-in was a mark of strength.
We Appreciate ATL’s Advertisers
COVID Stories: Sidestepping Doomscrolling and Staying Sane During Coronavirus COVID Stories: Sidestepping Doomscrolling and Staying Sane During Coronavirus Doomscrolling: It’s that compulsive need to check news sites over and over again. It’s not just a bad habit, it can also be downright damaging to your mental health. So what can you do about it? Learn more in Rocket Matter’s latest blog post. Doomscrolling: It’s that compulsive need to check news sites over and over again.
Sorry Associates, But This Many Of You Are Not Going To Make Partner
Ed. Note: Welcome to our daily feature Trivia Question of the Day! According to Law.com’s 2020 Midlevel Satisfaction Survey, what percentage of midlevels say they’re on track for partnership? Hint: Only 11.4 percent of respondents have a much more statistically realistic perspective and say they are not on track to make partner. See the answer on the next page. Love ATL? Let's make it official. Sign up for our newsletter. We will never sell or share your information without your consent.
Yes, There Is (Professional) Life After Biglaw
It’s been three years since Connie Bertram helped to shake up the staid world of Biglaw by being one of the early trend setters of partners suing their firms, in her case it was Proskauer Rose.
Am Law 50 Firm Offers Voluntary Deferral To Incoming Associates Until Fall 2021
Thanks to the coronavirus crisis, the legal landscape for Biglaw firms seemed a little rocky for a few months, leading incoming associates to grow worried about their future careers — and rightly so. Amid salary cuts, furloughs, and stealth or outright layoffs, first-year start dates were delayed at many firms until January 2021 and beyond. Were we witnessing a repeat of what happened during the Great Recession?
Morning Docket: 09.10.20
* A Rhode Island woman is accused of stealing around $740,000 from her godmother’s law firm. Maybe she should have made her an offer she couldn’t refuse… [WPRI.com] * A federal appeals court has upheld the dismissal of a lawsuit against the WWE over brain damage allegedly sustained by former wrestlers. [Chicago Sun Times] * George Bizos, an anti-apartheid lawyer who represented Nelson Mandela, has died of natural causes at 92.
The Biglaw Firm With The Most African-American Attorneys
Ed. Note: Welcome to our daily feature Trivia Question of the Day! According to Law.com’s 2020 Diversity Scorecard, which Biglaw firm has the greatest percentage of African-American attorneys? Hint: Even though they’re at the top of the rankings for African-American attorneys, only 8.4 percent of attorneys at this firm are Black. See the answer on the next page. Love ATL? Let's make it official. Sign up for our newsletter. We will never sell or share your information without your consent.
Vault 100 Rankings: The Most Prestigious Law Firms In America (2021)
What do associates at major law firms care about more than money? Prestige, of course. But, at the end of the day, sometimes being a leader when it comes to compensation is enough to boost a firm’s prestige. As luck would have it, the closely watched Vault 100 rankings are here to remind lawyers at the nation’s largest law firms about exactly which ones are considered the most prestigious.
The Screwball Antics Of The Department Of Justice
U.S. Department of Justice (photo by David Lat). One of America’s most venerable legal institutions has fallen into rank buffoonery and it’s genuinely tragic to watch. From Bill Barr declaring racism over — except on college campuses — to a stumbling effort to get Michael Flynn out of his own sworn testimony, Joe is joined by ATL and Wonkette columnist Liz Dye to discuss what’s gone wrong over there.
Canelo Alvarez Sues Golden Boy And DAZN For More Than $280 Million
Canelo Alvarez has initiated a lawsuit based on what he claims to be the breach of the single largest contract in the history of boxing and one of the largest contracts in all of sport. The complaint, filed on September 8 in the U.S. District Court for the Central District of California, includes Alvarez’s longstanding promoters Golden Boy Promotions and Oscar De La Hoya, as well as sports broadcaster DAZN, as defendants.
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