What's Hot in the Law Today: The Buzz List

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STATE OF MARKET

What’s Hot in the Law Today: The Buzz List [by Dimitra Kessenides, Stephanie Goldberg, Jack Hitt, and Ted Rose] The hottest people + trends + ideas in the law. All compiled in one place.

As a lawyer, knowing who or what matters

dent Franklin Brown as clients. Venerable

Former attorney Dick Wolf’s Law & Order

can help you land a client. It can help you live

Wall Street firm Carter, Ledyard & Milburn

franchise has now expanded to three shows

a richer life. It can give you something to talk

added a prominent white-collar defense and

on NBC-Law & Order, Law & Order: Special

about when you get stuck in the back of a cab

corporate investigations practice, headed by

Victims Unit, and Law & Order: Criminal In-

with a tax attorney. In that spirit of enlight-

erstwhile assistant United States attorney

tent-occupying three full hours of the weekly

enment, we present our first annual Buzz

and New York SEC office director Ira Sorkin.

prime-time TV schedule. Each program

List. From hot law firms to hot clothes, it’s a

Plaintiff’s firm Milberg Weiss Bershad Hynes

consistently lands in the top 20 in the Nielsen

compendium (read: cheat sheet) of all things

& Lerach has made class-action shareholder

ratings, frequently rating number one in its

trendy in the field. Guess what? Tax law is

suits filed against misbehaving corporations

time slot. Law & Order, the flagship, has

on the rise as a career option. See, what you

and CEOs the mass tort of the day.

been ranked in the weekly top five among all

don’t know can hurt you.

current programs.

Arguably the most successful big firm

Law Firms

merger of 2002 was the hookup between the

Reform

Boston shop once known as Bingham Dana Okay, so 2002 wasn’t a great year for deal-

and the former McCutchen, Doyle, Brown

The Sarbanes-Oxley Act is one of the most

making. But deal value is still how big firms

& Enersen of San Francisco. The new firm,

important pieces of business reform legisla-

keep score. This year’s winners? Global pow-

Bingham McCutchen, boasts a diversified set

tion enacted in decades. Intended to whip

erhouse Linklaters led all firms worldwide

of practice areas and the merger was com-

corporate America into shape after its spate

in the dollar value of deals handled- $226

pleted without layoffs or office closings.

of high-visibility scandals, the measure-with

billion-while Clifford Chance Rogers & Wells

its sweeping list of rules and regulations on

ranked second, handling 250 deals worth

Among the most talked about boutique firms

accounting, corporate governance, and eth-

nearly $203 billion, and Skadden, Arps, Slate,

of the year are Chicago’s Bartlit Beck Her-

ics-is sure to affect how lawyers (in-house

Meagher & Flom came in third globally, with

man Palenchar & Scott and Miami’s Pertnoy,

and outside) advise clients. But here’s the

185 deals valued at $173 billion.

Solowsky, and Allen. Both made the National

catch: No one’s quite sure what rules the

Law Journal’s 2002 ranking of the 50 “win-

SEC might issue in compliance with the act,

Bankruptcies continue to make front-page

ningest law firms” (those that brought in the

and certain proposed provisions are being

news, and firms doing high-volume business

highest verdicts in 2001).

met with considerable resistance. One SEC feature, for example, might require securi-

in that area include Weil, Gotshal & Manges, which is handling the WorldCom and Enron

Topping the American Lawyer’s associate

ties lawyers to discontinue representing

busts; Kirkland & Ellis, which is tackling the

satisfaction survey for 2002 were Atlanta’s

clients if there is evidence of misconduct.

restructuring of United Airlines; and Willkie

Alston & Bird, Boston’s Goulston & Storrs,

But lawyers argue that the provision will

Farr & Gallagher, which is doing the work for

and Houston’s Susman Godfrey. The winners

interfere with the attorney-client confidenti-

Adelphia Communications’ Chapter 11 filing.

in the Vault Guide to the Top 100 Law Firms:

ality privilege.

Washington, D.C.’s Williams & Connolly, San Allegations of corporate misdeeds remain

Francisco’s Morrison & Foerster, and, again,

in the headlines as well. Steptoe & Johnson

Alston & Bird.

now counts former WorldCom CEO Bernie Ebbers, former Tyco general counsel Mark Belnick, and ex-Rite Aid vice presi-

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Supreme Court Nominee No lawyer has closer ties to George W.

TV Shows

Bush than San Antonio native and Harvard Law grad Alberto Gonzales. When Bush

continued on back

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STATE OF MARKET

Lawyers As the head of the Department of Justice’s

defense (and courtroom rhyming) in favor of

as his governor’s counsel and secretary of state-then Bush appointed him to the Texas

criminal division (“Government Jobs,” page

Reparations Coordinating Committee, an

Supreme Court. When Dubya moved to Wash-

44), former federal prosecutor Michael

amalgam of academics and lawyers plan-

ington, he tapped Gonzales as White House

Chertoff is quietly leading many of the high-

ning to file lawsuits that could net billions in

counsel. And when the next U.S. Supreme

profile terrorism cases (he’s also rumored

reparations for the descendants of American

Court vacancy opens, many insiders believe

to be in line for a federal judgeship). Defense

slaves. Cochran is also leading a movement

Bush may turn to Gonzales again. Why?

attorneys working terrorism turf include

to pressure the National Football League into

Gonzales would represent a political trifecta:

Morrison & Foerster partner James Brosna-

hiring more black head coaches.

young (47), conservative (but not too conserva-

han, whose politically charged client roster

tive), and Hispanic.

includes American Taliban John Walker Lindh;

Veteran death-penalty prosecutors Paul Ebert

federal public defender Owen Walker, who is

and Robert Horan Jr. are heading up the first

was the governor of Texas, Gonzales served

Chief Justice Candidate

race-related causes. He’s a member of the

representing alleged “shoe bomber” Richard

cases against alleged serial snipers John Al-

Reid; and solos Donna Newman and Andrew

len Muhammad and John Lee Malvo.

And what if 78-year-old Chief Justice Wil-

Patel, who are advising dirty-bomb sus-

liam Rehnquist steps down? Court watchers

pect Jose Padilla. Suspected twentieth 9/11

The legal odd couple of Floyd Abrams and

say Justice Antonin Scalia could be the next

hijacker Zacarias Moussaoui is exercising his

Kenneth Starr have joined forces to fight

supreme Supreme. Earlier predictions point-

Sixth Amendment right to represent himself,

campaign finance legislation banning national

ing to moderates Anthony Kennedy or Sandra

but the court appointed defense attorneys

parties from raising soft money. The common

Day O’Connor as possible replacements

Edward MacMahon, Frank Dunham, and

bond: protecting the First Amendment.

have changed since the 2002 elections. “The

Alan Yamamoto to assist as standby counsel,

leading theory now is that given the Republi-

despite Moussaoui’s vehement objections.

can majority in Washington, everything gets

Moussaoui’s numerous requests to allow

Web Site

pushed to the right a little bit,” says Legal

Houston-based Muslim lawyer Charles Free-

Think of Lawpsided.com as The Onion for law-

Times Supreme Court reporter Tony Mauro.

man to provide him with out-of-court legal

yers. Launched last fall by attorney/humorist

“Scalia has emerged from this shift.” The

assistance have been denied.

Sean Carter, Lawpsided has established a minor cult following (50,000 hits a day) for its

66-year-old Scalia is generally considered the most conservative member of the Court. Given

Bill Lerach, the Milberg Weiss Bershad Hynes

satirical takes on law- related headlines, its

his voting record against abortion rights, af-

& Lerach name partner, is leading share-

Supreme Court fantasy league (players predict

firmative action, gay rights, and church-state

holder suits against Enron and WorldCom (“So

the justices’ decisions), and its probing opin-

separation, says Mauro, expect a bloody con-

much fraud,” he recently told a reporter, “so

ion polls. A recent survey, for instance, asked

firmation process. “The Republicans still don’t

little time”). New York State attorney general

what should happen to then Senate majority

have enough of a majority to halt a filibuster if

Eliot Spitzer has positioned himself as Wall

leader Trent Lott in the wake of his allegedly

the Democrats decide to really go to war.”

Street enemy No. 1, investigating some of the

racist remarks at Strom Thurmond’s 100th

world’s biggest banks for allegedly manipu-

birthday party: (a) Nothing-Lott is a good man;

Cars

lating stock analysts’ recommendations to

(b) Lott should lose his position as majority

benefit their investment-banking clients. Leg-

leader of the Senate; (c) Lott should resign

Lawyers have always liked a nice Benz. In the

endary M&A lawyer Marty Lipton, of Wachtell,

from the Senate entirely; (d) Lott should be

Lipton, Rosen & Katz fame, became an adviser

forced to give his hero Thurmond a sponge

to Citigroup CEO Sanford Weill after Citigroup

bath. Lawpsided also offers sneaky-smart

became a target of Spitzer’s investigations.

commentary on contemporary legal issues. As

Massachusetts attorney general Thomas

a disclaimer reads, “If you’re not careful, you

Reilly has been establishing a reputation as

might actually learn something.”

past, that’s meant a sporty little SL convertible or a big road-gobbling S-class sedan. But the Mercedes of the moment is the 2003 G500 light truck: Think Mercedes meets Hummer.

Can’t spare $74,265 just now? The Mini Cooper S is the current urban-hipster lawyer’s vehicle of choice-and the envy of design lovers everywhere. It checks in at the relatively mini sticker price of $19,975.

one of the most aggressive prosecutors in the country, taking on Microsoft and the Catholic Church (for alleged cover-ups of sex crimes at the Boston Archdiocese).

Johnnie Cochran has abandoned criminal

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Practice Areas In years past, one practice area or anotherM&A, IP, international law-has emerged

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1.800. 973. 1177

STATE OF MARKET

as the trendy area among law students

on law school campuses nationwide) and

Smith, a law firm merger consultant with

seeking jobs at firms. This year, however,

anti-death-penalty advocate Stephen Bright’s

Hildebrandt International. A merger can be

firm recruiters say a number of students

Southern Center for Human Rights in Atlanta

good news for young lawyers: “Larger firms

are considering more alternatives. “We’ve

are the leaders in appealing death-row

tend to get more exciting work,” says Smith.

seen a heightened interest in trying different

inmates’ sentences.

Alternative Billing: With more clients com-

things,” says Wallace Schwartz, the chair of Skadden, Arps, Slate, Meagher & Flom’s hir-

Who could forget Decision 2000 and those

plaining about runaway legal bills, firms

ing committee. “Everything from M&A to tax

damned chads? With the upcoming 2004

have begun experimenting with new methods

law is being weighed as an option.” Schwartz

presidential contest, election reform and

of charging for their services. “Alternative

attributes the shift to anxiety about the job

voter rights are again hot topics. The NAACP

billing is something people have been talking

market. And while he applauds students for

Legal Defense and Educational Fund, the

about forever, but now it’s really gaining

being flexible, he cautions against attempt-

Puerto Rican Legal Defense and Education

momentum,” says Kurt Peterson, a partner

ing to game the process. “If you’re trying to

Fund, and the Asian American Legal Defense

at Reed Smith, a Pittsburgh-based firm that

guess where the jobs will be, you’re making

Fund are each focusing on those issues this

uses alternative billing. While hourly billing

a mistake. This is a long-term decision,” he

year.

says. “Follow your heart.”

is still the norm, flat fees and volume discounts are becoming common, says Peter-

Vacation Spot Law School

son. So is tying fees to results: If you can settle for under X dollars, the client kicks in

In a world of global terrorism, lawyers and

a bonus.

No major law school is more “it” right now

law students (and just about everyone else)

than New York University School of Law.

are sticking closer to home when they travel.

Alternative Pay: A small but growing number

A strong reputation in the popular area of

One of the most popular nearby destinations

of firms are moving away from lockstep pay

international law is one reason. New dean

right now is New Orleans, decadent home

pegged strictly to an associate’s tenure at

Richard Revesz, who previously taught one

of all-night music, gourmet dining, nonstop

the firm and toward compensation that’s

of the school’s most popular courses, is

drinking, and two of the best damn parties on

tied to performance. The idea is to reward

another. Add the school’s Sinsheimer Service

the planet: Mardi Gras (February) and Jazz

excellence as well as sheer tonnage of

Scholarship (a full-tuition public-interest

Fest (April). The hot restaurant of the mo-

hours. Firms that have adopted some form of

grant) and recent improvements to the NYU

ment, Cobalt, opened in fall 2001 in the new

a merit-based system include San Francis-

campus, and it’s no surprise that applica-

Hotel Monaco by local celebrity chef Susan

co’s Morrison & Foerster, D.C.’s Dickstein

tions are up about 15 percent from a year

Spicer, serves up hip drinks (Appletinis) and

Shapiro Morin & Oshinsky, and Kansas

ago-or that the school placed in the top five

newfangled comfort food (roasted free-range

City’s Blackwell Sanders Peper Martin. One

in the prestigious U.S. News & World Report

chicken with artichokes Asiago and olive

advantage of merit pay: A lawyer can advance

law school rankings for the second year in a

pastina) amid a mod decor. Hot club Blue

at his own pace instead of being forced out if

row.

Nile spins Latin grooves on Friday nights in

he’s not up to speed with his classmates.

the burgeoning Marigny area.

Career Development: To curb persistently

Public-Interest Work Law Firm Trends With fresh challenges to the death penalty

high attrition rates and ever more vocal complaints, law firms across the country

emerging-based on everything from wrongful

Consolidation: Faced with an increasingly

are putting greater emphasis on associ-

convictions and attorney incompetence to

competitive marketplace, law firms continue

ate satisfaction. Among the improvements:

the constitutionality of the idea itself-capital

to merge to compete more effectively (about

dedicated professional-development

punishment defense work is hotter than ever.

60 mergers were completed in 2002). “Firms

specialists, beefed-up training and mentor-

Barry Scheck and Peter Neufeld’s Innocence

are responding to clients-large clients

ing programs, and “two-way” performance

Project (based at Benjamin N. Cardozo

in particular-looking for greater depth of

reviews. “Replacing people who you’ve spent

School of Law in New York, with chapters

practice and geographic breadth,” says Lisa

years training is expensive and disruptive,”

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1. 800. 973.1177

STATE OF MARKET

says National Association for Law Placement

and less costly outcomes but also tends to

leaning court? Check out the U.S. Court of

Foundation CEO Paula Patton. “Firms are

leave both sides more satisfied. The bottom

Appeals for the Fourth Circuit, in Richmond,

recognizing that it’s in everyone’s interest

line, says Nolan: “While there are some limi-

Virginia. Chief Judge J. Harvie Wilkinson

to do more to keep people longer.” A telling

tations to its growth, the pressures that have

III is considered one of the most influential

example: New York’s Cadwalader, Wicker-

fostered it so far are likely to continue.”

conservative thinkers in the country.

Book

Law Professors

sociates and partners that meets monthly to

In January, publisher HarperCollins won the

Yale’s Akhil Amar is every Warren Court

discuss quality-of-life and other issues.

rights to Supreme Court Justice Clarence

liberal’s worst nightmare. A brilliant legal

sham & Taft, a firm that has done poorly in associate satisfaction surveys in the past, has established a committee staffed by as-

Thomas’s memoirs for a reported $1.5 mil-

scholar, Amar has questioned many of the

Diversity: A buzz issue for years, it’s still

lion, an apparent record for a sitting justice.

sacred cows of ‘60s constitutional law,

a buzz issue. That’s mainly because the

Although it’s not yet clear when the book will

particularly in criminal procedure. From the

profession continues to fall far short of

be released, Thomas is said to have written

right to bear arms to the authority of law

where it needs to be. Of particular concern:

at least 100 pages (he’s foregoing a ghost-

enforcement to conduct searches, he has

attrition. “Firms are aware of the importance

writer and penning the book himself). Pub-

brought fresh insight into how the Constitu-

of diversity and are working hard to recruit

lishing insiders say the justice plans to break

tion grants powers to the government and

from a broader base,” says Charisse Lillie,

his silence on Anita Hill and his contentious

rights to the citizenry. In the age of terror-

former chair of the American Bar Associ-

confirmation hearings.

ism, his thinking is especially relevant.

Presidential Candidate

George Washington University constitutional

ation’s Commission on Racial and Ethnic Diversity in the Profession. “But firms have to realize that after they’ve succeeded in get-

law professor Jonathan Turley backed John

ting women and minorities into the pipeline,

North Carolina senator and former plaintiff’s

Ashcroft’s nomination as attorney general,

they can’t abandon them to an indifferent or

attorney John Edwards, who made his name

convinced the former Missouri senator would

hostile environment.”

winning high-profile lawsuits on behalf of

enforce certain laws of the land, such as

such clients as Valerie Lakey, a 5-year-old

Roe v. Wade, even though he disagreed with

Alternative Dispute Resolution: The tradi-

girl who was nearly eviscerated after sitting

them. That was then. Now Turley is leading

tionally adversarial legal system is seeing a

on a defective pool drain, is now among the

the outraged charge against the attorney

slow but steady shift toward a less combative

would-be Democratic presidential nominees

general for trampling the Constitution. In an

method of settling disagreements. Instead of

for 2004. Political experts say his age (49),

op-ed piece, Turley wrote that Ashcroft “has

engaging in long and expensive fights in an

his good looks (JFK handsome), and his

moved from merely being a political embar-

overburdened court system where their fate

fight-for-the-little-guy message could make

rassment to being a constitutional menace.”

is determined by a capricious jury, lawyers

him a serious contender.

Lunch Spot

and litigants are opting more and more for ADR, which encompasses both arbitration

Clerkships

and mediation. “Almost everyone recognizes

In the post dot-com bust, New York restau-

that litigation has gotten out of hand,” says

Want to work for a liberal judge? Look to the

rateurs have all but put the lid on expen-

Dennis Nolan, a labor law specialist who

28 justices of the notoriously left Ninth Cir-

sive new ventures. Which may explain the

teaches at the University of South Carolina

cuit Court of Appeals in San Francisco. It was

renewed interest in traditional favorites like

Law School. “It costs too much and takes too

the Ninth Circuit that set off last summer’s

Oceana. The renowned midtown seafood

long, so exploring cheaper, faster, and more

firestorm over the Pledge of Allegiance when

eatery (the Zagat guide calls it a “marine

expert alternatives makes sense.” Critics

it ruled that the phrase “one nation under

mecca”) has reemerged as a favorite place

say truth and justice aren’t always served in

God” violates the constitutional separation

for the world’s biggest legal movers and

their purest forms this way, but proponents

of church and state (a rehearing petition

shakers to do business. Shearman & Sterling

maintain that ADR not only leads to faster

has been filed). More interested in a right-

managing partner Robert Treuhold, for

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STATE OF MARKET

instance, regularly takes prospective clients

international megafirm Clifford Chance

fashionable but functional. For spring, he

there. One menu standout of the moment:

asked the firm’s associates why. The answer

designed a classic seersucker suit but made

poelé of wild striped bass with cepes confit,

came in the form of a 13-page memo blast-

it chic by cutting the pants narrower and the

celery root mousseline, and Banyuls wine

ing the firm for everything from grueling

jacket shorter.

jus.

billable-hours requirements to the lack of free shoe shines. To make matters worse,

Motorcycle

Profession

the memo was leaked to the Financial Times and picked up by the New York Times and the

The logic is appropriately lawyerly in its

A curvy, gleaming metallic motorcycle with

Wall Street Journal. Clifford Chance partners

clarity: If jobs are scarce, why not go back to

a $17,000 price tag, a top speed of 135 mph,

have said that the firm will commit major

school, earn an advanced degree, and hope

and a jungle cat’s growl has no business

time and energy to making things right. The

the job market is better when you come out?

in any intelligent, well-balanced lawyer’s

follow-through will be closely watched-inside

That thinking is helping drive a historic surge

garage. Which is precisely the point of the

and outside the firm. Says one third-year as-

in law school applicants. The number of stu-

Harley-Davidson V-Rod. Hog-loving lawyers

sociate at a major D.C. shop: “If the squeaky

dents applying to JD programs last Septem-

and nonlawyers alike have reportedly been

wheels get the grease, you might see more

ber was up 17.4 percent versus the previous

paying more than the sticker price at some

squeaky wheels.”

year, the biggest jump in more than 20 years.

dealerships.

The upside: It’s nice to have so many people Play

Government Jobs

more competition.

The Exonerated, written by husband-and-

The Attorney General’s Honors Program, in

wife playwrights Erik Jensen and Jessica

the Department of Justice’s criminal division,

Blank, presents the true-life stories of six

is at the forefront of the war on terrorism.

innocent death-row survivors. The produc-

Junior attorneys looking to help stop Al

tion, directed by Bob Balaban and featuring

Qaeda, et al., might work on anything from

a rotating cast that has included Richard

drafting indictments against accused ter-

Dreyfuss, Gabriel Byrne, Ally Sheedy, and

rorists to researching briefs related to what

Mia Farrow, has won excellent notices for its

venue in which to try them.

moving presentation of stories that highlight the flaws of the American judicial and penal

Globalization promises to be the economic

systems. The play is currently running at

megatrend of the century. The Federal

New York City’s Culture Project.

Trade Commission’s Bureau of Competition represents U.S. business interests abroad,

Clothes

enforcing mergers and antitrust rules, and reviewing and approving deals. The office

You’re young, so you want to dress hip. But

just unveiled-and will soon be enforcing-the

you’re a lawyer, so you can’t dress too hip.

Guidelines for Merger Investigation, a set of

Ralph Lauren and Anne Klein understand.

standards meant to improve the quality and

Lauren’s Purple Label line marries a funda-

efficiency of the merger review process.

mentally conservative look with subtle modern twists, like a suit jacket that’s broad on

Complaint

top and narrow at the bottom and flat-front trousers with a hidden button fly. Anne Klein,

After their firm ranked dead last in the

meanwhile, recently hired noted designer

American Lawyer’s 2002 associate satis-

Charles Nolan to update its popular women’s

faction survey, the New York partners at

fashions. His philosophy: Clothes should be

PAGE 5

interested in your profession. The downside: