Category: News Feeds

Here at Above the Law we care a lot about increasing transparency at Biglaw firms — that’s why we spend so much time reporting on bonuses and salaries and benefits. And while reporting on the market standard and leaders will always be a part of our mission, we also want to hear about what it’s like to actually work in the halls of Biglaw.

So, we’re asking our readers to fill out a brief survey about what they wish they knew about their firm before they started working there. We don’t care about the firm’s PR line, but about what associates really feel about the firm. We’ll be integrating the results of the survey into a new transparency project that’ll be launched later this summer.

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).

For 21st century lawyers, mobility and convenience are key, especially when it comes to business trips. If, like me, you travel often for work, then you know what a difference the right tools can can make when you’re on the go.

Over the years, I’ve tried many different devices and apps in search of tools that will make my travels more productive, less stressful, and, if at all possible, relaxing. Through a selective process of elimination, I’ve honed my travel arsenal down to a few key tools that I’ve found to be incredibly useful. So, without further ado, from one frequent traveler to another, here are a few of my favorite gadgets and apps that I consistently rely on when I’m on the road.

A reliable, thin, lightweight laptop computer is a must. I happen to use a 2018 13-inch MacBook Pro, and it fits easily into my carry-on laptop bag, and doesn’t weigh me down when I’m running through an airport trying to make a connecting flight. But of course, any lightweight, reliable laptop will do the trick.

Another must-have for the traveling lawyer is a portable laptop stand. Ergonomics matter, and when you’re on the road, working with your laptop near eye level can make all the difference. For years, my favorite laptop stand was the Aidata LHA-3 LAPstand Aluminum Portable Laptop Stand. It currently costs $33.47 and offers three different settings, so you can view your laptop at multiple angles. It’s fairly lightweight at only 1.8 pounds, but as we all know a few pounds can make all the difference when you’re lugging around a laptop bag between flights.

That’s why I recently started to rely on an alternate, and much lighter, laptop stand for trips where I expect my rolling luggage may be gate-checked, thus requiring my to carry my laptop bag on my shoulder during layovers. It’s the recently released Moft laptop stand and it currently retails at $24.99. It weighs only 3 oz., is 1/9″ thick, and easily adheres to the bottom of your laptop. It offers two different height settings and is available in four colors.

Also for ergonomic reasons, it’s worth it to bring along a portable keyboard, and a flat, lightweight trackpad in lieu of a mouse. For a portable keyboard, I use Apple’s Magic Wireless Keyboard, which costs $99, because it’s full-sized, lightweight, and very thin. And, instead of packing a clunky mouse, consider switching to a trackpad like Apple’s Magic Trackpad 2, which retails for only $129. Because it’s so thin, light, and small, it’s easy to travel with and takes up very little space in your laptop bag.

Next up, luggage. As a frequent traveler, reliable, modern luggage is important to me. That’s why I invested in an Away suitcase. It is attractive and sleek with a hard shell that has proven to be very durable. It is available in a wide range of colors and the carry-on version starts at $225. It also has a built-in, ejectable charger with a USB port for charging your devices on the go. Note that airlines are now requiring you to eject the battery charger prior to gate-checking your luggage, but even so it’s incredibly convenient to have a charger built into your luggage.

Now let’s move on to my favorite travel apps, all of which offer free versions and are available for both Apple and Android smartphones, and some tablets (unless indicated otherwise). First, there’s TripIt. TripIt is a great organizational app that organizes your travel information into an easily understandable itinerary and provides you with a vast array of necessary information about your trip. It also allows you to share your itineraries via email with family and friends.

Trippie is another free app that is a life saver when you’re stuck in an airport. It provides maps of all major airport terminals and lists all available restaurants by terminal. You can also use the app to check your flight’s status.

Another useful app is the My TSA app. This app is issued by the Transportation Security Administration and provides access to everything you need to know about the airport security process, including checkpoint wait times at various airports and other useful information such as TSA procedures and a list of the items that you can take through checkpoints.

Next up is an app that I frequently consult after landing in an airport where I have a connecting flight: Flight Board (iOS only). It’s a free app that provides instant access to all flights and their assigned gates at your chosen airport. So while you wait to deplane, you can access your connecting flight’s real-time gate information.

Finally, the Grab app is another app that is a lifesaver when you’ve got a short layover. With it you can pre-order food at participating restaurants in select airports. You can then avoid lines and simply grab (get it?) the food and make your way to your connecting flight.

So those are some of the tools I use most often when I’m on the road. Hopefully there are a few you’ve never heard of that will make your travels more enjoyable and stress-free. Any you’d add to the list? Let me know!

Nicole Black is a Rochester, New York attorney and the Legal Technology Evangelist at MyCase, web-based law practice management software. She’s been blogging since 2005, has written a weekly column for the Daily Record since 2007, is the author of Cloud Computing for Lawyers, co-authors Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York. She’s easily distracted by the potential of bright and shiny tech gadgets, along with good food and wine. You can follow her on Twitter @nikiblack and she can be reached at niki.black@mycase.com.

I say this to you as someone who has graded a lot of law students in my life, that is an ‘F’ answer. Like an absolute ‘F.’

— Rep. Katie Porter (D-Calif.), grading President Donald Trump’s knowledge of the Constitution (or complete lack thereof) after he gave remarks where he mischaracterized the executive powers afforded to presidents in Article II. Specifically, Trump said Article II gave him “the right to do whatever I want as president.” Before being elected to Congress, Porter worked as a law professor at the UC Irvine School of Law.

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.

Former special counsel Robert S. Mueller testified before the House Judiciary and Intelligence Committees yesterday, and laid out a devastating tale of corruption, obstruction, and abuse of power by the President of the United States, who happens to be black.

At times, the former special counsel seemed reluctant, almost resistant to be seen as the man who brought down the president. But over seven hours of clear and concise questioning led by Democrats who were willing to put country over identity politics, the facts of Mueller’s 448-page report we laid plain to Congress and the American people.

Of particular note, Mueller testified that our loud and boisterous president ordered White House staff to falsify records, in order to protect himself from Mueller’s investigation. He further testified that the president, who sure seems like he can dance, refused to dance with Mueller, cooperate with Mueller’s investigation, or sit down for a formal interview under oath. Mueller further confirmed that members of the president’s large family — the president has five children from three wives, that we know of — refused to cooperate with his investigation.

In his most devastating testimony, Mueller confirmed that the president was “generally” untruthful in his written responses to the special counsel’s questions. Mueller testified that he did not pursue further inquiries with the president, because he felt finishing his investigation in a timely matter was of utmost importance. It would seem the Mueller is just the latest person to give this president special treatment and unfair benefits that are not given to average, hard-working presidents.

During the hearings, the opposition party played the role of victim. Instead of focusing on the attack on this country by dark, foreign powers, the opposition party repeatedly tried to slander and diminish a decorated Vietnam Veteran who is in the Army Ranger Hall of Fame.

Even those who missed some of the substance of the testimony could not help but notice the contrast in styles. Mueller, the restrained and reluctant warrior, carefully parsing his words and answers to avoid even the appearance of partisan bias, juxtaposed against the president he was burying, a gameshow host who inflames racial tension and partisan tribalism to distract the country from the business of the country.

Mueller exited the hearings to a smattering of applause, and even some tears according to some sources. Having played his role to the best of his abilities, he leaves it to Congress and the American people to hold the president accountable.

For an undisciplined and undignified president who has never followed the rules, the quiet dignity of Robert Mueller’s testimony might finally be his undoing.

— Filed from Earth Two

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.

When people think of law firm perks, they usually think of unlimited vacation or
programs that let associates work from home. Kirkland & Ellis is high on its concierge service as its killer perk. The service, run by Circles by Sodexo, allows associates to work with a full-time concierge for free.

It certainly sounds like a time-saver to have someone running errands for busy attorneys. That used to be a job that administrative professionals could do, but as firms have slashed their staff rosters in an effort to squeeze even more profit out of the enterprise, it’s a task that’s getting outsourced.

“It’s great that companies are acknowledging that employees want to both work hard and maximize their time at work and have stress-free fun and maximize their time outside of work,” [K&E’s Samuel Zaertsky] says. “On-site concierge services enhance both worlds.”

And that’s just it, isn’t it? This is less of a perk than a passive-aggressive effort to remove any possible excuse an associate might have not to be at their desk at any given moment. This is one of those gifts that’s really more for the gift-giver than the receiver. Still, the service does free up a lot of time for people if they know how to use it. Let’s check out some of the services they’ve been using it on:

One attorney was away from home on his daughter’s third birthday, working on a trial. He requested a specific bicycle for her gift. The concierge bought it, arranged for it to be assembled, and delivered it on on her birthday.

This is going to be a terrific story for this little girl to tell her therapist someday about why she’s unable to love. On the other hand, this process produced a more sturdy bicycle than entrusting a lawyer with a screwdriver would.

The concierge also found a Christmas tree for an attorney who was visiting friends in London and had it delivered to the apartment door, along with a Christmas tree stand.

Nothing really expresses the Chirstmas spirit quite like having a stranger buy you a tree and unceremoniously drop it on the doorstep.

Another attorney asked the concierge to buy two pairs of dog booties for her two dogs. After extensive research, the Kirkland concierge found a store that still had dog booties in stock in the middle of a winter storm.

So poor Bob Cratchit just wants to go home, but Elle Woods here had him trudging through a blizzard to buy shoes for whatever perversion of evolution rat dogs she keeps around the house to replace human connections.

Kirkland & Ellis is in real trouble if the guillotines return.

This Is What Happens When Lawyers Get A Concierge [Forbes]
Kirkland & Ellis lawyer uses firm’s concierge service to buy shoes for her dogs [Legal Cheek]

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.

Year in and year out, we watch law firm after law firm pay lip service to their commitment to diversity in the legal profession, with promises to recruit, retain, and promote more minority attorneys. Despite these continued assurances, and despite the fact that a number of firms have made great efforts to improve the stature of their diverse hires in the law, there is still much more to be done. On the bright side, one firm hopes to make its pledge to increase diversity and inclusion a major priority.

Dorsey & Whitney is hoping to make diversity in the workplace a reality by introducing a new “diversity hours” policy. “We’ve long said that we valued diversity and inclusion,” William Stoeri, the firm’s managing partner, said. “We were looking for a way to reward those who put time and effort toward it.”

The American Lawyer has some additional details on Dorsey’s new policy:

Just as firms often encourage pro bono work by allowing attorneys to record those hours as billable and count toward an annual goal, Dorsey will now allow diversity-related work, activities and training to count toward billable hours requirements.

The policy is retroactive to January of 2019 and includes up to 50 billable hours to be spent on activities such as attending internal and external diversity educational sessions, participating in the firm’s internal affinity groups or representing Dorsey at client-facing diversity events or trainings.

In a statement released by the firm, Stoeri noted that “Dorsey is committed to creating an enduring, more united and more profitable firm by investing and maintaining a culture in which all individuals can thrive and realize their full potential.”

Dorsey was recently ranked in 141st place for Am Law’s 2019 Diversity Scorecard, with just 12.4 percent of its attorneys and 8.8 percent of its partners identifying as minorities. Perhaps the Dorsey’s new “diversity hours” policy will help it get started on the right foot, but Stoeri realizes that it may not happen overnight.

“I want to encourage people to work in this area,” Stoeri said. “There are some things we can do internally, but there are also a lot of deep-seeded issues that we need to address as a society,” he said.

Best of luck to Dorsey & Whitney in its quest to increase diversity within its ranks and encourage encourage associate participation in diversity and inclusion initiatives.

Diversity Meets the Billable Hour at Dorsey & Whitney [American Lawyer]

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.

On Tuesday, a man brandishing a knife outside of a federal courthouse in Los Angeles was shot by a security officer. The man was shot in the hand and, as reported by KTLA, is expected to make a full recovery.

Authorities say the officer shot the suspect after he approached the officer with a weapon and an altercation ensued. The knife was recovered at the scene and two men were taken into custody.

Also going on in the courthouse at the time of the shooting was testimony in the copyright case that accuses songwriter Dr. Luke, aka Lukasz Gottwald, and singer Katy Perry of ripping off Christian rap artists when writing the hit “Dark Horse.” Marcus Gray, aka Flame, Emanuel Lambert, aka D.A. Truth, and Chike Ojukwu claim their 2008 song “Joyful Noise” was used as the basis of the Perry hit. In testimony, Dr. Luke denied the claim, saying he’d never heard of the Christian rappers or their song before the lawsuit. As reported by Law360:

“Dark Horse” started as a simple, catchy instrumental beat created by producer and songwriter Henry Walter, known as Cirkut, Luke said. The eight-note melodic phrase beginning with four C notes and two B notes is actually so simple, he said, that it’s essentially made up of the building blocks of music.

“It’d be like trying to write a book without using words like ‘the,’ ‘and’ or ‘a,’” Luke said in response to the plaintiffs’ claim they own the right to that sequence of notes.

Dr. Luke, who works with recording artists like Britney Spears, Miley Cyrus, Kelly Clarkson, and Pink, said there was a lot of time and effort that went into making “Dark Horse” and “We’re trying to make what we do as great as possible.”

The trial was uninterrupted by the chaos outside the courthouse.

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).

In a digital world where the lines between a personal and professional persona emulsify, a glut of personal information floating around the internet can lead hackers to sensitive data about an organization or an individual, creating undue and immeasurable risk.  

Borrowing from principles of the intelligence community, understanding the information that exists about oneself is sometimes just as valuable as collecting information about one’s adversaries.   Therefore, being more proactive about security from a counterintelligence standpoint — whether as counsel or as a client — can begin by taking a long hard look at your digital footprint. The goal is to adopt defensive practices that guard against malicious actors who are conducting their own open source intelligence (OSINT) gathering (industry-speak for “internet searching”).  

Information security professionals seek help from outside experts to understand what’s “out there” about their company and its top executives, so that the information can be scrubbed or at least assessed from a risk perspective. This knowledge helps a company determine full risk from a personally identifiable information (PII) vantage point, developing the basis for a thorough assessment and remediation.

The following steps and considerations, curated by Rob Volkert, VP of Information Operations at Nisos, a leading cyber investigations firm, are useful for reducing and hardening digital footprints on an individual basis (disclosure: I work at Nisos).  Organizational, large-scale, or deep-dive executive OSINT assessments require more manpower and strategies than those outlined here.  But this type of bottom-up approach will have broad beneficial effects for employers, especially since data breaches in 2019 alone cost U.S.-based firms an average cost of $8.19 million per cyberattack. Note that this is not a one-time exercise, but a digital hygiene process which should be rinsed and repeated at regular intervals.

1. Discover and assess your footprint: Start by conducting online searches of your name (including former names) as well as personal address in a search engine to see where and how your information appears, including personal or sensitive images that others may have posted about you. Log into all social networking sites and forums which you belong to as part of the discovery process.  Drink some coffee and take deep breaths.

2. Clean up and remove your data: Remove any photos, content, accounts, and links that may be inappropriate, reveal too much information, or are no longer relevant.  Consider deactivating or canceling social media accounts which you no longer or rarely use.  You can contact the company and ask them to remove your data permanently from their servers; legitimate companies will usually comply, but data brokers may prove harder to pin down.  You can also request that street photos of your home be removed or blurred on the major map sites, such as Google, Bing, and Yahoo.  When visiting these sites, look for the links “report a problem” or “report image,” and then follow the instructions for removal or obfuscation.

3. Check your privacy settings: Keep personal accounts, such as Instagram or Facebook, as private as possible, allowing access only to trusted family members or associates — people you actually know.  Consider using different email addresses and phone number combinations for login and registration on all personal communications and social media sites. Some sites, like Twitter, require a public profile.  In that case, limit discussion to general business-related activities, keep posts clean and non-discriminatory, and post photos of professional activities only after leaving the event. Cite general locations such as city or country and limit references to individuals’ true names by instead referring to their social media handles.

4. Create “layered” contact information: Popular services such as Google Voice, Sudo, and Sideline offer the ability to create and manage multiple new email addresses and phone numbers, creating a layer of identity protection while automatically forwarding communications to the primary accounts.  You can manage these online or through smartphone apps and use them for everyday accounts such as utility companies and other home service providers, e-commerce, and social media. More accounts mean more passwords, so consider using a password manager such as 1Password or Dashlane.

9. Limit what you share and with whom: In general, avoid the disclosure of identifying information to any merchant or business, even if it means passing up on four feet of coupons. Store loyalty programs, periodical subscriptions, utility providers, and credit card companies can and will sell PII to data brokers or fail to adequately protect it.

10. Get a little paranoid: Assume that any time you provide your PII to a business or institution, it will be entered into a database that will make its way into the hands of data brokers and/or hackers. This results in headaches and exposure that quite frankly are just not worth the free rewards.  After all, your privacy is worth more than that.

Jennifer DeTrani is General Counsel and EVP of Nisos, a technology-enabled cybersecurity firm.  She co-founded a secure messaging platform, Wickr, where she served as General Counsel for five years.  You can connect with Jennifer on Wickr (dtrain), LinkedIn or by email at dtrain@nisos.com.