Jay Powell Takes Literal “Same Sh!t, Different Day” Approach To Today’s Congressional Testimony

Big Pow is back on The Hill for a second day of questions, and he is making it clear he has a whole lot of nothing new to say.

How To Get Your Small Firm Financial House In Order

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It’s probably true that some people go to law school because — as rumor has it anyway — no math is required. What is indisputable is that nobody goes to law school hoping to spend their time on accounting and bookkeeping matters. Too boring. But as anyone who has ever tried to run a small legal practice (or any business for that matter) knows, the boring stuff matters.

In today’s fiercely competitive legal services market, it is imperative that smaller law firms get their bookkeeping, billing, and financial houses in order.  Proper accounting is not mere beancounting — it’s crucial for tracking the success of your practice.

Join our free webinar on December 13th at 1 p.m. ET and learn how to leverage cutting-edge technology bring your small or medium-sized practice the “Biglaw” advantage of back-office efficiencies and vital financial insights like the profitability of particular client relationships, practice areas, and matter types.

Learn how to monitor costs and revenues to maximize your profit margins.  Our webinar will be moderated by legal technology maven Bob Ambrogi who will be joined by T.C Whittaker, CPA MBA, of PwC.

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Brett Kavanaugh Doing A FedSoc Event Hosted By Facebook Is Kinda Why We Live In Hell

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The normalization of alleged attempted rapist Brett Kavanaugh continues in all the ways these bad people get reintegrated into polite society. Kavanaugh enjoys the support of roughly half of the country who either believe that a childhood calendar exonerates the man of serious charges, or just straight up don’t care about how he treats women. His colleagues, who happen to be justices on the United States Supreme Court, say positive things about him in public as they try to forge a working relationship with a man who can, on a whim, take away the rights of vulnerable people. The press that covers him, with a few notable and heroic exceptions, has largely been made to understand that fighting Kavanaugh makes it harder for them to do their jobs, so accepting him is just much easier.

Kavanaugh should be toxic. In addition to the credible attempted rape allegations, there’s the issue of the 83 ethics complaints filed against him and dismissed because nobody can hold a Supreme Court justice accountable, except through impeachment. There’s the record of lying under oath at confirmation hearings; his closeness with disgraced judge Alex Kozinski; and, oh yeah, he sneeringly promised to use his position as Supreme Court justice to exact revenge against his enemies.

Instead of treating him like the drunk uncle who shouldn’t be left alone with the children at Thanksgiving, the Federalist Society is honoring him at an event tonight at their annual National Lawyer’s Convention. This is classic FedSoc: As long as you are committed to taking away the rights of women and minorities, anything you do in your private life that is hurtful to women or minorities is also okay.

In a reasonable world, we would view Supreme Court justices speaking to partisan organizations as incredibly problematic. The Federalist Society is a partisan, agenda-driven organization which has actively promoted legal arguments designed to upend precedent and crush individual rights. Even if one agrees with Federalist Society teachings, a sitting Supreme Court justice should not be giving them aid and succor by appearing at their national events.

Of course, we’re talking about Brett Kavanaugh here. This is a man who does ex-parte photo ops with people who have current business in front of the Supreme Court. Expecting Kavanaugh to not appear at a FedSoc event is like expecting a dog to not root around in the trash when it spends half of the day licking its butt anyway.

The wrinkle with this appearance is that tonight’s FedSoc event is in part sponsored by Facebook. Sorry, “FACEBOOK.”

Facebook has a long history of supporting Kavanaugh because one of its bigwigs — Joel Kaplan, vice president of global affairs — is reportedly close friends with Kavanaugh. That’s really all it takes. Credible allegations of sexual misconduct, documented history of being untruthful under oath, partisan hackery, and revenge threats against his enemies aside, Kavanaugh has a “buddy” inside Facebook, so of course the company will support Kavanaugh and an organization that thinks the original intent of slavers is the most scared foundation of Constitutional law.

I’m sure it doesn’t hurt that, should Facebook fail in its efforts to hand another election to Donald Trump, the company will be facing a legal reckoning under a Democratic administration. Facebook will likely challenge any new regulations in court. And nearly any court challenge could wind up on the desk of Brett Kavanaugh, speaking for a conservative super-majority.

Demand Justice is trying to launch a protest campaign against Facebook’s support of Kavanaugh, led by employees of Facebook.

“Facebook should not be sponsoring the rehabbing of Brett Kavanaugh’s reputation when Dr. Blasey Ford remains unable to resume a normal life after bravely coming forward last year,” said Katie O’Connor, senior counsel for Demand Justice. “You can claim to respect survivors of sexual assault or you can pay for a celebration of Brett Kavanaugh, but you can’t do both.”

People are trying.

The Federalist Society is the nexus point of a little bubble where the legal vanguard of white supremacist logic gets to mingle and swap notes with fellow culture warriors. These are the people who bring you ethno-nationalist Steven Menashi (who is being confirmed today, by the way). These are the people who bring you the zealotry of Amy Coney Barrett. These are the people who bring you torture defenders like James Ho.

Brett Kavanaugh is the perfect symbol for the entire organization: A white man of unexamined privilege who gets dangerously angry when anybody tries to hold him to account for his past actions. He is the embodiment of everything that is wrong. Of course they are honoring him. His mere existence as a Supreme Court justice is a triumph for every white man who ever thought he could drown out the cries of his victims merely by turning up the music a little louder.

It should be a great night for these people. They’ve won.

But we don’t have to treat their victory, their supremacy, and their smugness as “normal.” It is not normal. I will never treat them as normal. I will never stop fighting these people, even to the point where I’m regarded as the weird one.


Elie Mystal is the Executive Editor of Above the Law and a contributor at The Nation. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

It’s Not Your Imagination — Women Are Leaving Biglaw In Droves

A new report by the American Bar Association and ALM Intelligence, called “Walking Out the Door: The Facts, Figures and Future of Experienced Women Lawyers in Private Practice,” surveyed more than 1,200 Biglaw attorneys to find out why women are leaving the Biglaw life. Because while law schools are pretty regularly hitting between 45 and 52 percent women enrolled, it drops off in practice — only 20 percent of law firm equity partners are women in 2018. What they found was wildly differences in perceptions about what firms are doing to promote gender diversity.

For example, they asked managing partners if their firms were “active advocates of gender diversity,” and 82 percent said yes. Ninety-one percent of men surveyed agreed as well, but only 62 percent of women were on board. Similarly, 84 percent of managing partners agreed that their firms promote women into leadership. And while 75 percent of men also thought so, a dismal 55 percent of women agreed. When asked if their firms have success retaining experienced women, 74 percent of managing partners said yes, compared with 64 percent of men, and a mere 47 percent of women who agreed.

And as study co-author Stephanie Scharf told Law.com, this is a problem:

“The data suggests that firms may not understand how their own people are viewing the policy and practices that they are implementing with respect to advancing women,” said study co-author Stephanie Scharf, a partner with the women-owned firm Scharf Banks Marmor and chair of the ABA’s commission on women in the profession.

The other co-author, Roberta Liebenberg, senior partner at Fine Kaplan and Black, pointed to an overall culture of bias in Biglaw, calling it “death by a thousand cuts. It’s not one thing, but an accumulation of experiences they believe are different because of their gender.” For example, 50 percent of women surveyed said they’re satisfied with the recognition of their work compared with 70 percent of men. Only 45 percent of women reported satisfaction with their opportunities for advancement, yet 69 percent of men said they were satisfied with their opportunities. Plus a whopping 82 percent of women surveyed said they’ve been mistaken for a low-level employee. Ugh.

It’s pretty clear that firms have to do more than want a gender diverse work environment — they have to take real steps to make it happen.


headshotKathryn 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).

Do We Still Need OCI?

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With the “Fall” Recruiting Cycle having come to an almost complete close, the legal recruiting world has hit a bit of a lull in the schedule.  Those of us in Career Services have likely shifted to working with 1Ls, and even that is not particularly intense at this moment as that cohort gears up for their first taste of law school final exams  — the notable exception being my peers who work with international LL.M.s, who are likely awash in résumés as the deadlines for LL.M. job fairs are either rapidly approaching or have just passed, depending on which job fair is at issue and how long it takes me to write this column.  On the legal employer side, with much of the Biglaw 2020 2L summer associate class locked in, one might be hard-pressed to find a Carribean beach without at least one legal recruiting professional having drinks with little umbrellas brought to them.

Without the same sort of day-to-day stressors prevalent in the late summer and early fall, this quieter period allows those of us in legal recruiting to be a bit more contemplative about bigger issues and more fundamental matters in this little slice of the legal profession.  Such big-picture thinking has only been amplified this year as we all live through the first iteration of the post-NALP Guidelines era.  One such macro question I have heard bandied about recently is whether On-Campus Interviews (OCI) still serve a purpose in 2019.

On its face, such an inquiry is borderline sacrilegious.  It is quite likely that many of those reading this column obtained their current position through OCI, or at the very least got their first job out of law school via the structured interview process.  Indeed, for many law students, especially those at the nation’s top law schools, going through OCI is an exhausting rite of passage.

From a historical perspective — strangely, actual histories of OCI and how it came to be an integral part of the legal recruitment process are seemingly nonexistent online, so if anyone is looking for a remarkably niche law journal/NALP Bulletin topic, be my guest — OCI makes sense.  Several decades ago, a law student in Boston who wanted to work in Minneapolis, or a Chicago firm looking for students in Texas, would have had a difficult time connecting.  The lone option very well could have been sending out résumés/firm solicitations by mail in the hopes they would be seen by the corresponding parties.

By having firms come to campus, it ensured that employers could meet with at least a subset of the population while students could have access to employers from across the country.

Of course, communication technology has significantly evolved over the last several decades.  An oft-used, but accurate, example is that the average cellphone that nearly everyone currently has in their pocket/purse has more computing power than the entirety of NASA during the Apollo program.  That same device allows a law student to contact all, or nearly all, employers for which s/he might want to work while similarly allowing legal employers to keep in near touch with certain targeted students.  Indeed, through email, text, social media, and more, legal employers can recruit law students at a level typically reserved for five-star high school athletes — hopefully, we can skip the recruiting diaries.

On top of the technological advancements, the last several years have seen an increasingly aggressive push by legal employers to try and snatch up the “top” law student talent earlier and earlier.  OCI calendars around the country have moved further into the summer, but even that has not been enough with firms seeking to collect résumés from students before the summer even starts and schools developing/taking part in off-campus job fairs that have cannibalized OCI.  Not to mention that the entire idea of using initial interviews to cull down the list of job applicants might soon be on its way out.

So with all of this in mind, does OCI still make sense in 2019?  I say yes for a few reasons.  First and foremost, at schools where OCI includes at least a partial lottery process, it provides an opportunity for all parties to go beyond their preconceived notions and what is found on a piece of paper.  By that, I mean that when employers are reviewing candidates, oftentimes they rely on a fixed list of traits in their quest for a “good” attorney.  High grades, top-ranked law school, law journal participation, etc.  Often times, there is a strong correlation between those traits and someone who will go on to become a valuable member of a law firm or other employer.  But the correlation is not 100 percent.  At each and every law school in this country, there are at least a handful of students who might not stand out when looking and their application materials, but once you sit down across from them in a room, they absolutely shine.  Without an at least partial lottery-based OCI, these future attorney gems will likely go undiscovered.  In fact, that is why I think ALL law schools who have an OCI program should make at least part of the interviews lottery-based.  Granted, this will lead to some awkward interviews between students and employers who are not well matched (see, e.g., my OCI interview with Cravath), but the benefits far outweigh the downsides.

OCI also provides an invaluable opportunity for legal recruiting professionals to actually interact in person with one another.  A lot of my job is done via email or, if absolutely necessary, via the phone.  While such basic levels of communication are valuable and can allow a CSO to function, truly strong relationships are developed when CSO staff and legal recruiters are in the same room and can have actual face-to-face conversations.  While there are non-OCI avenues for such interactions — on-campus professional development events, NALP gatherings — OCI provides a rare opportunity to have a large number of legal recruiters come to campus in a relatively short amount of time.  Conversely, it allows recruiters to visit an array of schools and strengthen those relationships.  It is not just legal recruiting professionals either, OCI allows attorneys, often alumni, to come back to campus.  This can strengthen their bond with the law school, a fact that will definitely please those in a law school’s Development Office.  The drawback is that OCI is an expensive endeavor for both law schools and legal employers, not only financially but also in the attorney time and staff resources that have to be invested.  However, it is clear to me that the investment is one that will reap a significant yield.

The legal recruiting world is currently undergoing some significant changes and the Class of 2022 is encountering a much different recruiting ecosystem than that of my colleagues in the Class of 2008.  OCI has long been a tentpole of legal recruiting and while changes and updates are valuable, I do not think we need to abandon the process entirely.  Legal employers, law schools, and most importantly law students would lose far more than they would gain in a world without OCI.


Nicholas Alexiou is the Director of LL.M. and Alumni Advising as well as the Associate Director of Career Services at Vanderbilt University Law School. He will, hopefully, respond to your emails at abovethelawcso@gmail.com.

Biglaw Bonus Announcement Comes With Lack Of Clarity For Mid-Level And Senior Associates

It’s nice, if somewhat boring, to report when a Biglaw firm offers a straight match of the market standard set by Milbank earlier this month. There’s clarity for associates — current and prospective. Unfortunately, that’s just not how every firm rolls. Ropes & Gray announced their bonus schedule today, and while junior associates are clear on what they’ll take home (subject to some conditions, as described below), mid-level and senior associates are not afforded that clarity.

Here’s the bonus grid the firm circulated:

Class of 2019 – $15,000 (pro-rated)
Class of 2018 – $15,000
Class of 2017 – $25,000

Anyone more senior than the class of 2017 is off the grid. The world of individualized compensation could be good, could be bad, or could be average for associates, putting them largely at the mercy of how busy their practice group was this year.

Additionally, Ropes & Gray is the first Biglaw firm to announce bonuses this year that have significant stipulations on them (there will be more before bonus season is over). The target for the bonuses is 1,900 billable and pro bono hours, and the firm may adjust the bonuses up if associates bill “substantially” more than that, or down if they fail to meet the target. Plus, the firm’s policy will automatically deduct from the bonus amount if the associate fails to diary their hours in a timely manner.

Bonuses will be paid by the firm on December 24th. (Full memo on the next page.)

Remember, we depend on your tips to stay on top of important bonus updates, so when your firm matches, please text us (646-820-8477) or email us (subject line: “[Firm Name] Matches”). Please include the memo if available. You can take a photo of the memo and send it via text or email if you don’t want to forward the original PDF or Word file.

And if you’d like to sign up for ATL’s Bonus Alerts (which is the alert list we also use for all salary announcements), please scroll down and enter your email address in the box below this post. If you previously signed up for the bonus alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each bonus announcement that we publish. Thanks for your help!


headshotKathryn 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).

If You Can Survive 22 Years Without Getting Fired By Ken Griffin, You Get To Be Citadel President, Co-CIO

For a little while, anyway, before, you know….

The 2019 eDiscovery Buyer Guide: A Blueprint For Legal Tech Success

One of the most difficult things about the explosion of legal technology is that it is a full-time job just to know what’s out there and how to find solutions that work for you and your firm or legal department. Although there are many solutions for document review, conducting thorough vendor evaluations continues to be a challenge.

What if there were something out there to help you navigate the ever-expanding field of eDiscovery vendors? Everlaw is proud to present the 2019 eDiscovery Buyer Guide, a blueprint that will help guide you through the sometimes complicated process.

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Skadden Enters The Bonus Game

It’s not a shock when an Am Law 50 firm moves to match the prevailing market bonuses within a week of the first announcement, but it sure is nice for the associates there. The bonus season began when Milbank took the plunge and announced bonuses last week. Even though Milbank announced earlier than usual, Cravath quickly matched that scale, and now the only real question is when the other elite Biglaw firms will announce their own bonuses.

The guessing game has ended for Skadden associates, as today they announced they were getting on board with the prevailing Biglaw bonus scheme, with the possibility of slight improvement for senior associates. The bonus schedule — which looks similar (though not identical) to other firms that have announced this bonus season — is as follows:

Class of 2019 – $15,000 (pro-rated)
Class of 2018 – $15,000
Class of 2017 – $25,000
Class of 2016 – $50,000
Class of 2015 – $65,000
Class of 2014 – $80,000
Class of 2013 – $90,000 or $100,000
Class of 2012 and senior – $100,000 or $110,000

As you’ll notice, Skadden leaves some extra room on the schedule for senior associates who’ve had “extraordinary performance” this year to make $10,000 extra in their year-end bonus. Bonuses will be paid by the firm on December 13th. (Full memo on the next page.)

Remember, we depend on your tips to stay on top of important bonus updates, so when your firm matches, please text us (646-820-8477) or email us (subject line: “[Firm Name] Matches”). Please include the memo if available. You can take a photo of the memo and send it via text or email if you don’t want to forward the original PDF or Word file.

And if you’d like to sign up for ATL’s Bonus Alerts (which is the alert list we also use for all salary announcements), please scroll down and enter your email address in the box below this post. If you previously signed up for the bonus alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each bonus announcement that we publish. Thanks for your help!


headshotKathryn 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).