Author: TSA Press

Lisa: Cheer up, Dad. Did you know the Chinese use the same word for ‘crisis’ as they do for ‘opportunity’?
Homer: Yes. Crisitunity.

As usual, Homer Simpson’s got the right idea. The COVID-19 outbreak pushed the legal community to adopt new virtual practice models and put a stop to the face-to-face interactions and networking opportunities that mark the profession. In the face of this, why not take the opportunity to try something new and innovative? And if it can be for a good cause, that’s even better.

There aren’t any solid, CLE-awarding conferences to fly to right now, so Rocket Matter has created one virtually. Rocket Aid, as it will be called, will be a first-of-its-kind opportunity to show off just what we can do with conferencing technology. The $25 registration fee will be donated directly to United Way’s COVID-19 Fund, Pro Bono Net, as well as Feeding America, a charity network of more than 200 food banks.

Rocket Aid will stream live, online on April 16th and 17th, from 10am to 4pm EDT each day. The content will cover cutting-edge topics on running an online practice, ways to generate more revenue, and embracing modern tools that will help law firms adapt and thrive in a changing world. In addition to attending educational sessions, participants will have the ability to network during face-to-face virtual “happy hours” and breakout sessions.

To attend the show, register online here.

The programming for the two day show includes a number of talks offering insight either directly or indirectly related to practicing in a pandemic. There might even be an opportunity for you to join the roster of presenters for a few of these talks.

Rocket Aid’s content is mostly in place already, but the conference has a call for speakers for panels and additional suggested talks. Planned sessions include the following:

• Panel: COVID-19 and Law Firm Operations: What are We Learning?
• Session: Remote Lawyering Overview: The Tools You Need
• Session: Hidden Gems of Office 365
• Session: How to Increase Profits and Sanity by Running a Lean Law Firm
• Session: Saying “Adios” to Billing Headaches and “Hola” to Increased Profitability
• Session: A 12-Month Plan for Going Paperless
• Session: Cybersecurity for the Remote Lawyer
• Panel: COVID-19 Coverage and How to Think About PR
• Panel: Remote Technology Do’s and Don’ts
• Panel: Staying Sane While Working Remote
• Mini-session: An Economic Outlook for Lawyers During and After COVID-19 (non-CLE)
• Mini-session: Setting Up an Ergonomic Home Office (non-CLE)

Rocket Matter is also looking for speakers for mini 3- and 6-minute sessions on their remote successes as well as lawyers who would like to offer their thoughts on panels.

To apply for a speaker position, please apply here.

Consider just how quickly this has all come together. Less than a month ago, many of us were in Chicago for ABA Techshow. In a couple of weeks, we’ll be attending a virtual conference that hadn’t even been conceived back then.

As someone who, like most of you, has been locked away for a couple of weeks now, I look forward to seeing you all on April 16th and 17th!

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Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Just because it’s Friday doesn’t mean the Biglaw austerity measures have taken a break. After all, time is meaningless in a quarantine, so let’s just pile on with the COVID-19 cost-cutting measures, Friday (Zoom) happy hour be damned.

Anyway, the latest firm that’s looking to control their expenses as the coronavirus-inspired economic decline rages on is Mintz Levin. The firm — one that takes the 87th place in the latest Am Law 200 ranking — announced a series of reductions that all employees will face. Managing partner Robert Bodian said in the email (available in full on the next page) that the firm’s priority is to maintain the health of the firm and keep everyone employed, but “[e]veryone will make some sacrifices.” The specific cuts vary on the employee’s position:

Associates, Of Counsel, Special Counsel and Practice Group Associates:
10% base pay cut.
No discretionary bonus (which would have been paid in June).
On-Track Associate and Of Counsel hours bonus will be paid in full.
Health insurance premium co-shares will not change.
No layoffs or furloughs (beyond ordinary course) are currently anticipated.

Patent Agents and Technical Specialists:
5% base pay cut.
No discretionary bonus (which would have been paid in June).
Health insurance premium co-shares will not change.
No layoffs or furloughs (beyond ordinary course) are currently anticipated.

Professional Staff:
5% base pay cut, subject to not falling below a $75k floor.
Base pay freeze – i.e., no merit or other increases this spring.
Overall discretionary bonus pool will be reduced by 50%.
Health insurance premium co-shares will not change.
The 401(k) match will be made for March but thereafter suspended.
No layoffs or furloughs (beyond ordinary course) are currently anticipated.

The partners are also shouldering their share of the financial burden. In a separate email (available in full on the next page), Bodian shared that among the steps taken to reduce costs is increasing the equity partner holdback to 40 percent, and reducing partner draws by 5-10 percent.

Hopefully these measures mean no other cuts will be needed at Mintz Levin.

If your firm or organization is slashing salaries, closing its doors, or reducing the ranks of its lawyers or staff, whether through open layoffs, stealth layoffs, or voluntary buyouts, please don’t hesitate to let us know. Our vast network of tipsters is part of what makes Above the Law thrive. You can email us or text us (646-820-8477).

If you’d like to sign up for ATL’s Layoff Alerts, please scroll down and enter your email address in the box below this post. If you previously signed up for the layoff alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each layoff, salary cut, or furlough announcement that we publish.

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Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Many years ago, after a cold email to Etsy’s Founder/CEO, I flew myself from Rochester, New York, to New York City and used research, writing, and speaking accomplishments to convince him to hire me for a position that only existed in my head, Etsy’s first lawyer (I’ll save the entire story for another column). After over a decade of working in-house at Baby Unicorns, I entered the next phase of my career the only way I knew how: by creating my own opportunity. This time, after reaching out to an acquaintance, I took a subway to a ramen restaurant and used my handmade career to convince the executive co-director of the NYU Law School Engelberg Center to hire me as a legal fellow. One project would be mentoring students who are interested in the intersection between in-house law, technology, and startups.

A Google Doc was sent around to several law school student groups with various dates and times for small-group lunches. The document was oversubscribed within an hour. I proudly cracked the code to getting law students’ attention: free food.

The first mentorship meal consisted of a mix of 1Ls, 2Ls, and even a 3L with unique business law aspirations. One student hoped to land a position at a startup after gaining big law patent experience. Another student was looking to enter the world of art law. After graduation, a third student hoped to launch a sustainable furniture company. The first mentorship meeting was a success, but it was also my last “normal” meal out. The next day, COVID-19 officially changed the way New York City operated.

My in-person plans magically evaporated. They were replaced by the desire to flatten the curve; a newfound appreciation for toilet paper; and financial, societal, and health concerns. So, I did what any business-savvy self-isolated professional in the 2020 pandemic would do. I put on sweatpants and pivoted some plans, including the mentorship project, to Zoom.

I predicted a drop off in attendance for an online mentoring lunch given that virtual free food typically has less appeal than actual free food. I was wrong.  As we chatted about career aspirations and brainstormed next steps, I realized that in today’s climate, both law students and experienced lawyers are facing an unknown future and similar feelings of unease. Our profession has seemingly changed overnight.

As we cope with feelings of a loss of control, perhaps we can focus on adding value to communities. As a side effect of these efforts, the practice of law may improve, and careers may scale. If you’re fortunate enough to be healthy and safe, here are four opportunity-creating tips (all of which comply with social-distancing measures).

Tip	Explanation	My Example
1) Connect with your legal motivation(s).	What subjects, cases, or news stories spark your legal curiosity? What drew you to law school or to your specific practice areas? You may have several legal motivations, and they may be related or unrelated to your past expertise.	I was initially motivated by the copyrights, trademarks, and small, creative businesses.
2) Research and connect with legal and nonlegal communities.	What communities are impacted by your legal motivation? Where does each community (virtually) share information, meet, and connect? Who are the players and the decision makers? Join these communities.  Nonlegal groups may support and benefit from your projects. Legal communities may collaborate on projects or offer insights.	I completed some art classes, met with artists and gallery owners, and subscribed to several craft-focused newsletters and magazines. I absorbed content and participated in Etsy’s community. I met generous thought leaders, attended seminars, and participated in legal committees. I asked targeted questions when I cold-contacted experts, authors, professors, and attorneys who specialized in various aspects of art law, startups, and small businesses.
3) Listen, learn, and prioritize (or pitch) to add immediate value.	What are the community’s legal or business concerns?  Who is currently addressing these issues and adding value? What are some projects you can complete to add value? Prioritize the projects and set reasonable deadlines for yourself.	Small businesses and artists seemed confused about aspects of intellectual property law and fair use. I aimed to pitch one piece of writing or speaking gig per week. I outlined plain-English copyright articles to the editors of a handful of niche magazines. I asked the owner of a local gallery if I could teach an IP seminar to small businesses. I self-published a legal e-book.
4) Get out of your own way.	Be kind to yourself and others. Your legal brain may warn you that you’re not qualified. It may demand perfection. It could paralyze you with fear that you’ll get sued. Congrats! I’m officially calling you qualified and giving you permission complete a project imperfectly. Keep iterating as you learn. And, be smart, add a disclaimer, get insurance, you know the drill. When faced with rejection, keep positive. When you earn good news, make note of the accomplishments.	I aimed for quality work and for progress. Many contacts and pitches were rejected. Worse, and more often than not, I never received a reply.  But sometimes I was introduced to a mentor, had an empowering conversation, joined a group, had a piece published, or spoke at an event. I imperfectly and quickly created a personal website, posted on social media, and updated my resume.  My personal brand keeps evolving over time.

By focusing on others’ needs, I created career opportunities for myself, which led me to Baby Unicorns and to Zoom calls with NYU law students. We have the power to emerge on the other side of this worldwide trauma with value added to our careers and to the communities that need bright legal minds. Each of us can drive positive impact. We are responsible for our own journey, whether it consists of physically slurping ramen or socially distancing ourselves while wearing sweatpants.

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Sarah was the General Counsel / first Lawyer at Etsy and Vroom.  She’s a co-founder of The Fourth Floor, a creator and producer of Legal Madness, an NYU Law School Engelberg Center fellow, a board member, an investor, and a speaker. You can also find Sarah hammering silver, eating candy, and chasing her child. sarahfeingold.com.

In a wide-ranging interview with Laura Ingraham, who clerked for Clarence Thomas but now makes a living pretending not to understand the First, Fifth, and Fourteenth Amendments, Attorney General Bill Barr promised that arrests of those Deep State Obama Justice Department Trump haters are coming soon!

“My own view,” Barr said Thursday when the topic of the Russia investigation came up, “is that the evidence shows that we’re not dealing with just mistakes or sloppiness. There is something far more troubling here, and we’re going to get to the bottom of it. And if people broke the law, and we can establish that with the evidence, they will be prosecuted.”

If people broke the law, one might expect that DOJ Inspector General Michael Horowitz would have mentioned it in his 400-page report. Instead he found that the investigation was properly predicated and conducted without bias. But never fear, because Barr is priming the pump for an October surprise from Connecticut U.S. Attorney John Durham, whose “primary focus isn’t to prepare a report. He is looking to bring to justice people who are engaged in abuses if he can show that there were criminal violations, and that’s what the focus is on.”

“Without any basis, they started this investigation of his [Trump’s] campaign, and even more concerning, actually is what happened after the campaign,” Barr told Ingraham. “[There was] a whole pattern of events while he was president … to sabotage the presidency … or at least have the effect of sabotaging the presidency.”

Hey, remember when the Trump administration pretended they were firing James Comey because he made public statements about Hillary Clinton’s BUT HER EMAILS in the absence of an indictment? LOL forever!

Barr also had #Thoughts on the firing of Intelligence Community Inspector General Michael Atkinson, whom Trump trashed at one of his daily MAGA pressers this week, saying, “He took a whistleblower report, which turned out to be a fake report — it was fake. It was totally wrong.  It was about my conversation with the President of Ukraine. He took a fake report and he brought it to Congress, with an emergency. Okay? Not a big Trump fan — that, I can tell you.”

Unsurprisingly, Bill Barr agreed, insisting that “[Atkinson] is obliged to follow the interpretation of the Department of Justice, and he ignored it.” Nowhere in the statute does an obligation to run investigations up the flagpole for approval make an appearance, but perhaps it’s written in invisible ink that only Federalist Society Members can see.

Having mangled the law, Barr moved on to loyally flogging Trump’s plan to reopen the economy at the end of the month, describing the social distancing measures supported by medical and public health officials as “draconian.”

“We cannot keep for a long period of time our economy shut down just on the public health thing. It means less cancer. Cancer researchers are at home. A lot of the disease reaches researchers who will save lives in the future. That’s being held in abeyance,” he said, confusingly. “The money that goes into these institutions, whether philanthropic sources or government sources, is going to be reduced. We will have a weaker health care system if we go into a deep depression. So it just measured it in lives. The cure cannot be worse than the disease.”

Look, the “public health thing” is all well and good, but if you don’t let Donald Trump kill you with covid, you’re going to die of cancer, okay?

“It’s very disappointing because I think the president went out at the beginning of this and really was statesmanlike, trying to bring people together, working with all the governors,” Barr rhapsodized. “Keeping his patience as he as he got these snarky, gotcha questions from the White House media pool and the stridency of the partisan attacks on him has gotten higher and higher.”

Remember when Donald Trump joked about being “under” a model, but not like a coronavirus model, HAR HAR? Why can’t the press be less snarky when confronted with such gravitas and statesmanship, that’s what Bill Barr wants to know!

And then the nation’s top law enforcement officer accused the media of being on a “jihad” against the unproven antimalarial drug hydroxychloroquine as a treatment for COVID-19. Because, on top of everything else, Bill Barr is a doctor now.

This is your brain on Fox News. Clearly the only way we’re going to survive this pandemic is through collective action. Quick, take your mask and gloves, sneak into your parents’ house, switch the channel to PBS, and STEAL THE REMOTE. It’s our only hope!

Barr says Trump was right to fire intel watchdog, calls Russia probe ‘one of the greatest travesties’ [Fox]

Barr disappointed by partisan attacks leveled at President Trump, says media on a ‘jihad’ against hydroxychloroquine

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Elizabeth Dye lives in Baltimore where she writes about law and politics.

Talk about amping up the anxiety! I’m sure the folks at Baker McKenzie are trying for transparency, but the effort leaves something to be desired.

According to multiple tipsters, the North American offices of Baker McKenzie had an all-hands conference call today. The message was clear — pay cuts are coming. But the specifics weren’t revealed, and firm leadership said exactly how much their paychecks would be impacted would be revealed next week. And tipsters aren’t happy at this partial reveal:

The rather tactless announcement left everyone reeling over the lack of specifics…which will no doubt carry over into every employee’s holiday weekend.

The amount of the planned salary cut is plainly important. During the course of the COVID-19 austerity measures, we’ve seen a wide variety of pay cuts implemented — some as low as 5 percent and others as high as 30 percent. The difference in take-home pay between those extremes could easily be the difference between being able to make your mortgage payment and being unable to swing living expenses.

While the exact pocketbook impact remains a question, we do know that both staff and attorneys making over $100,000 are on the chopping block. But as a tipster revealed, at this point, the firm intends to institute true-up bonuses when this whole mess is over and has kept the door open for high-biller bonuses.

The town hall also revealed the firm has no current plans for economic layoffs. But, in the opinion of one tipster, the phrasing of the announcement leaves the door open for the dreaded stealth layoffs:

Also mentioned that this should result in no layoffs “for pure economic reasons”… wording and emphasis on that felt suspicious to me that layoffs for other reasons may be coming.

We reached out to the firm, but they did not immediately respond to our request for comment.

Hopefully those at the firm will be able to weather the coming salary cuts, no matter how large they may be.

If your firm or organization is slashing salaries, closing its doors, or reducing the ranks of its lawyers or staff, whether through open layoffs, stealth layoffs, or voluntary buyouts, please don’t hesitate to let us know. Our vast network of tipsters is part of what makes Above the Law thrive. You can email us or text us (646-820-8477).

If you’d like to sign up for ATL’s Layoff Alerts, please scroll down and enter your email address in the box below this post. If you previously signed up for the layoff alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each layoff, salary cut, or furlough announcement that we publish.

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Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Things just keep getting worse for bar examiners around the country.

After struggling to figure out a suitable time to reschedule the canceled summer administration of the exam, they’ve hit a new obstacle. Specifically, where are you going to cram all these people to ensure that everyone’s a nice six feet distance from each other? It’s sure not the Javits Center!

And that’s why NY is teasing a monumental twist — maybe the bar exam is going to run a lot longer than two days.

The examination has been rescheduled to WEDNESDAY-THURSDAY, SEPTEMBER 9-10, 2020. The application period for the rescheduled examination is presently scheduled to open on May 5, 2020 at 12:00 AM and to close on May 30, 2020 at 11:59 PM.

HOWEVER, DUE TO THE FACT THAT THE BOARD DOES NOT EXPECT TO BE ABLE TO USE THE LARGE VENUES IT TYPICALLY USES TO ADMINISTER THE EXAM, THE BOARD WILL NOT BE ABLE TO TEST ALL THE CANDIDATES WHO WOULD TYPICALLY APPLY TO TAKE A JULY BAR EXAM. THE BOARD WILL BE REQUIRED TO PRIORITIZE GROUPS OF CANDIDATES AND EXPECTS TO ANNOUNCE A STAGGERED SCHEDULE FOR AND NECESSARY LIMITATIONS ON APPLICATIONS.

Staggered schedule. Are we going to be having administrations every week for a month or something? How is that going to dovetail with other states? They are also reporting that the New York law schools are offering up space for test-takers. That’s nice and all, but even with the extra real estate that’s still going to require a lot of dates to get through everyone and eventually those schools are going to have to go back in session.

Or are we just going to tell large swaths of the application pool that they’re just going to have to wait until February… or even next July? That’s a terrific burden to drop on students who are going to have to go find work in the meantime and then find some way to study while holding down a legal gig.

It sure seems like a diploma privilege plus regime would solve all these problems. But, as Kermit would say, that’s none of my business.

On the other hand, we may all be overreacting here. While it’s commendable that the Board of Law Examiners is thinking ahead about how it’s going to pull off this logistical nightmare, realistically game-planning this all out seems like overkill. Because let’s be clear: if we’re still social distancing like this in September, I’m not positive we’ll still be a nation of laws.

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Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

This decision arises out of our conclusion that, given current and expected conditions, we cannot provide for a meaningful summer experience that allows our students to perform to their full potential.

— a spokesperson for Pepper Hamilton, commenting on the firm’s recent decision to cancel its summer associate program alongside that of its merger partner, Troutman Sanders. Both firms have extended full-time job offers to the affected law students who would have spent their summers at the firms, offering “financial assistance” to them as well. The merger between Pepper Hamilton and Troutman Sanders is being postponed until July 1, 2020, due to the coronavirus.

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Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

By all accounts, Goodwin Procter is a pretty successful law firm. In 2018, the most recent year for which full financials are available, they joined the Billion Dollar Club. With gross revenue of $1,198,625,000 that year, the firm takes the 26th spot in the 2019 Am Law 200 ranking. But even those impressive financials can’t stop the economical upheaval caused by the novel coronavirus.

According to Above the Law tipsters, ~50 staff members were laid off by the Biglaw firm. A Goodwin Procter spokesperson confirmed the cuts and provided the following statement:

We recently reviewed the performance and size of our global operations team given the current and anticipated effects of the coronavirus pandemic on the global economy. As a result of our analysis, we made the difficult decision to ask a limited number of our global operations team members to leave the firm. We are providing severance packages, based on tenure, to impacted employees. In addition, we will make continued contribution to healthcare benefits through September 30, 2020 for all affected personnel. Our global operations team continues to play a key role in supporting the firm’s operations, lawyers and clients across the business of law.

And while the firm certainly seems to be doing the best they can by these now former employees, from the tips we’ve received, folks aren’t impressed. One tipster reported being “shocked” and these are a sampling of the more choice comments ATL has received:

Gave blood and sweat to this firm for [XX} years and this is how we get treated.

They made one billion last year and they just laid off 50 people in the middle of this virus. Corporate greed.

We here at Above the Law wish the best to all those who find themselves without work during this global health crisis.

If your firm or organization is slashing salaries, closing its doors, or reducing the ranks of its lawyers or staff, whether through open layoffs, stealth layoffs, or voluntary buyouts, please don’t hesitate to let us know. Our vast network of tipsters is part of what makes Above the Law thrive. You can  or text us (646-820-8477).

If you’d like to sign up for ATL’s Layoff Alerts, please scroll down and enter your email address in the box below this post. If you previously signed up for the layoff alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each layoff, salary cut, or furlough announcement that we publish.

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Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

Arkansas law firm Mostyn Prettyman put together a new advertisement to alert their clients and potential clients that they’re adapting to the COVID-19 outbreak the same way everyone else is.

It starts out with the standard, way-too-stilted delivery style we’re accustomed to from years of legal advertisements, but the firm has a little fun streak as the ad goes on to help put a wry smile on your face.

Take care out there.

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Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.