This Elite Biglaw Firm Gets Top Marks For Its Responsible Business Practices – Above the Law



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


According
to
Law360’s
Social
Impact
Leaders
2022
ranking,
which
Biglaw
firm
got
the
best
score
for
its
responsible
business
practices?


Hint:
The
responsible
business
score
looks
at
the
ratio
of
charitable
contributions
to
a
firm’s
revenue,
whether
the
firm
has
a
practice
focusing
on
sustainability
and
environmental,
social
and
governance
concerns,
and
whether
it
advises
clients
on
compliance
with
environmental
regulations,
and
indictors
of
where
the
firm’s
pro
bono
work
is
focused.



See
the
answer
on
the
next
page.

NYAG Argues For Dismissal Of Florida LOLsuit Against Her On Grounds Of I FEEL LIKE I’M TAKING CRAZY PILLS – Above the Law

(Photo
by
Evan
Vucci-Pool/Getty
Images)

Every
Donald
Trump
LOLsuit
is
like
a
1L
CivPro
issue
spotter,
but
his
lawsuit
in
Florida
state
court
against
New
York
Attorney
General
Letitia
James
to
stop
her
filing
an
enforcement
action
against
him
in
New
York
state
court
is
a
wonder
to
behold.
Yesterday’s

idiotic


filing
against
the
Pulitzer
Prize
Board,
whom
Trump
is
suing
in
Florida
state
court
for
defamatory
failure
to
revoke
a
prize,
is
a
close
second.
But


Trump
v.
James


implicates
sovereign
immunity,
so
it
takes
top
honors.

This
is
the
lawsuit
seeking
to
enjoin
the
AG
from
asking
New
York
Supreme
Court
Justice
Arthur
Engoron
to
order
Trump
to
hand
over
copies
of
his
revocable
Trust.
Trump’s

competent
lawyer
Chris
Kise
,
the
former
Florida
solicitor
general
who
got
shunted
off
the
Mar-a-Lago
documents
case
to
the
Trump
Organization
fight
in
New
York,
begged
Trump
not
to
file
this
suit,
which
was
a
pointless
middle
finger
to
the
New
York
court.

And
he
was
right!
The
case
was
immediately
cited
by
AG
James
to
bolster
her
argument
in
New
York
that
the
Trump
Organization
intended
to
move
assets
out
of
the
court’s
jurisdiction
and
thus
required
an
independent
monitor.
And
then
she
removed
the
Florida
case
to
federal
court,
where
it

landed

in
the
lap
of
Judge
Donald
Middlebrooks,
who
just
dinged
another
team
of
Trump’s
lawyers
with
the
first
round
of

sanctions

for
filing
that
idiotic
RICO
suit
against
Hillary
Clinton,
James
Comey,
and
the
DNC
for
conspiring
to
murder
Donald
Trump
with
the
Mueller
investigation.
(Another
strong
contender
for
the
CivPro
gold!)

Mistakes
were
made.
And
they
continued
to
be
made
this
week
by
Trump’s
lawyers
from
the
St.
Petersburg
law
firm

Weber
Crab
Wein
,
who
filed
the
Pulitzer
suit,
as
well
as
this
preposterous
windmill
tilt.

AG
James
already
filed
an
opposition
to
Trump’s
motion
for
a
preliminary
injunction
on
grounds
of Bro,
Do
You
Even
Law?

On
Wednesday,
Trump
issued
a

response

that
indignantly
insisted
jurisdiction
was
right
and
proper
because
James
was
being
sued
in
her
personal
capacity
for
tortious
conduct
directed
at
a
Florida
resident.

“James’
remaining
arguments
for
dismissal
all
rely
on
her
attempt
to
re-cast
the
Amended
Complaint
as
an
official
capacity
suit
brought
against
the
New
York
Office
of
the
Attorney
General
(“OAG”)
rather
than
an
individual
capacity
claim
against
James
for
her
unconstitutional
behavior,”
his
lawyers
huff.
“James
attempts
to
characterize
Plaintiff’s
claim
as
challenging
the
“Investigation”
(Opp.,
p.
2)
or
the
“NY
Enforcement
Action”
(Opp.,
p.
6),
however,
it
encompasses
a
far
broader,
sustained
campaign
by
James
to
abuse
office
for
personal
gain
at
the
expense
of
Plaintiff
which
was
conceived
and
announced
before
James’
election
to
state
office[.]”

How
could
Letitia
James in
her
personal
capacity

move
the
court
to
kick
loose
the
revocable
trust
agreement?
Trump’s
lawyers
do
not
say!

But
they
pinky
swear
that,
had
James
lost
this
election,
Trump
would
still
be
suing
her
personally
for
the
tort
of
shit
talking
him,
and
thus
Florida’s
long-arm
statute
definitely
applies.

It
is
also
true
that
Plaintiff
was
sued
in
the
New
York
“enforcement”
action
by
James
in
her
official
capacity.
It
is
equally
true
that
had
James
not
been
reelected
in
November,
both
pieces
of
litigation
would
have
continued
against
her
successor
in
office
since
the
State
of
New
York
is
the
real
party
in
interest
in
both
actions.
In
contrast,
Plaintiff
here
seeks
relief
against
James
in
her
individual
capacity
for
unconstitutional
behavior
which
violates
the
Constitution.

Unsurprisingly,
the
Attorney
General
has
a
different
take.
One
that
is
grounded
in
actual
law
and
civil
procedure.

Mr.
Trump
commenced
this
action
to
interfere
with
the
New
York
State
Supreme
Court’s
exercise
of
jurisdiction
in
two
ongoing
proceedings
where
he
stands
accused
of
fraud
and
illegality
in
the
conduct
of
his
New
York-based
businesses
in
violation
of
New
York
law.
This
action
is
Mr.
Trump’s
second
improper
attempt
to
collaterally
attack
and
end-run
around
rulings
that
have
been
issued
by
the
presiding
judge
in
the
New
York
proceedings,
Justice
Arthur
Engoron.

The
AG
opens
her

motion
to
dismiss

reminding
Judge
Middlebrooks
that
Trump
already
had
a
second
bite
of
the
apple
courtesy
of
Judge
Brenda
Sannes
in
Northern
District
of
New
York,
who

declined
to
enjoin

the
Attorney
General’s
investigation
citing

res
judicata

and Younger
abstention,
since
Justice
Engoron
had
already
ruled
that
the
inquiry
was
appropriately
predicated.
And
since
the
investigation
ripened
into
a
sprawling
civil
enforcement
action,
Justice
Engoron
has
already
made
several
rulings
which
should
not
be
disturbed
under
the

Rooker-Feldman

doctrine.

As
for
the
supposed
tortious
conduct,
the
AG
points
out
that
“Mr.
Trump’s
being
civilly
investigated
and
sued
for
fraud
is
not
tortious
conduct
by
OAG,
nor
is
OAG’s
obtaining
trust-related
information
pursuant
to
that
lawsuit
actionable
‘injury’
to
Mr.
Trump.”

Indeed,
seeking
a
court
order
in
a
civil
suit
to
disclose
a
document
is
definitionally
an
official
act,
and
not
something
James
could
accomplish
in
her
own
right.
And
since
she’s
acting
as
agent
of
the
state
of
New
York,
sovereign
immunity
clearly
bars
this
stupid
lawsuit.
But
even
if
it
didn’t,
forcing
the
Trump
family
to
cough
up
the
revocable
trust
paperwork
is
in
no
wise
“supplanting,
controlling,
or
monitoring
the
trustee
and
attempting
to
exercise
or
restrain
the
exercise
of
powers”
such
as
would
subject
James
to
jurisdiction
of
the
Florida
courts.

But
perhaps
the
most
aggressively
stupid
part
of
Trump’s
original
complaint
was
his
threat
to
seek
damages
of
up
to
$250
million
if
James,
acting
in
her
prosecutorial
capacity,
goes
ahead
and
asks
the
New
York
court
to
order
disclosure.

“At
the
very
least,
Mr.
Trump’s
claims
for
money
damages
are
barred
by
absolute
prosecutorial
immunity,
which
prosecutors
enjoy
for
acts
within
the
scope
of
their
official
duties,
including
actions
‘in
initiating
a
prosecution
and
in
presenting
the
State’s
case,’”
she
argues.

The
whole
motion
is
good
fun,
and
it
will
be
even
more
fun
if
and
when
we
get
Rule
11
and/or
§
1927
sanctions,

which
we
absolutely
should
.


Trump
v.
James

[Docket
via
Court
Listener]





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

This Time, The Piper Follows The Bonus Pack – Above the Law

Do
you
know
what
“pied”
means
in
the
context
of
Pied
Piper?
Honestly,
it
never
crossed
my
mind
until
now.
Apparently
it
means
being
multi-colored
decoration
“especially
black
and
white.”
Huh.
No
kidding.

Anyway,
DLA
stands
for
“Dibb
Lupton
Alsop,”
and
this
is
the
specific
Piper
following
the
parade
of
bonuses
this
Friday
afternoon.

DLA
Piper
is
number
3
on
the
Am
Law
100
with
$3,471,437,000
in
revenue
in
2021
and
the
very,
very
big
verein
is
joining
the
bonus
consensus.

Screenshot 2022-12-16 at 5.01.58 PM

The
payout
is
a
little
complex…
but
it’s
good
news
for
big
performers:

Qualifying
associates
who
are
meeting
the
firm’s
expectations,
as
detailed
in
the
Policy
and
rated
at
least
a
3,
will
receive
a
market-level
bonus.
The
firm
will
pay
additional
bonuses
to
Associates
who
have
met
the
criteria
set
forth
in
the
Policy
and
who
made
even
greater
contributions
to
the
firm’s
success,
based
on
billable
hours
and
performance
evaluations.
Associates
rated
a
4
or
5
will
receive
a
bonus
increase
for
each
additional
rating.

Associates
in
good
standing
based
on
hours
entered
by
December
16
receive
50
percent
of
the
base
market
bonus
noted
above
on
December
30.
The
rest,
including
any
above-market
bonus,
will
be
paid
out
on
January
27,
2023.
BUT,
if
the
target
is
not
met
by
December
16,
but
do
reach
it
by
December
31,
will
get
everything
on
January
27.

Got
all
that?

Counsel
and
off
grid
folks
will
get
individual
notifications.

Congrats.
Memo
on
next
page.

Remember
everyone,
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
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
all
of
your
help!


HeadshotJoe
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
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law,
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Joe
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.

Alleged Lying, Bullying, Compliance-Ignoring And Possible Fraud No Reason For Hedge Fund Not To Invest $50 Million With Outgoing Portfolio Manager


<br /> Alleged<br /> Lying,<br /> Bullying,<br /> Compliance-Ignoring<br /> And<br /> Possible<br /> Fraud<br /> No<br /> Reason<br /> For<br /> Hedge<br /> Fund<br /> Not<br /> To<br /> Invest<br /> $50<br /> Million<br /> With<br /> Outgoing<br /> Portfolio<br /> Manager<br /> –<br /> Dealbreaker




















































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content

Law Firms Should Go All Out When Planning Holiday Parties – Above the Law

Before
starting
my
own
practice
about
four
years
ago,
I
worked
at
several
different
law
firms.
Each
of
the
shops
I
worked
at
had
a
holiday
party,
and
each
firm
spent
varying
amounts
of
money
to
throw
such
events.
One
of
the
firms
at
which
I
worked
had
a
holiday
party
at
a
country
club

a
really
swanky
affair.
Another
one
of
the
law
firms
I
worked
at
had
a
holiday
party
at
a
bar,
which
must
have
cost
much
less
money.
Still
another
shop
held
its
holiday
parties
at
restaurants,
which
afforded
a
solid
atmosphere.
Although
holiday
parties
may
cost
thousands
of
dollars
that
could
go
into
the
pockets
of
partners,
law
firms
should
consider
going
all
out
when
throwing
holiday
parties.

Perhaps
the
main
reason
why
law
firms
should
host
an
incredible
holiday
party
is
that
it
can
be
crucial
to
developing
a
law
firm
culture
and
connecting
attorneys
and
staff
to
the
firm.
People
who
work
at
a
law
firm
rarely
interact
with
each
other
outside
of
an
office.
Most
of
the
time
attorneys
and
staff
see
each
other,
it
is
in
the
rigid
environment
of
an
office.
A
law
firm
holiday
party
might
be
the
only
time
each
year
that
attorneys
and
staff
interact
in
a
more
casual
setting,
and
this
can
be
crucial
to
forging
connections
that
can
be
important
when
completing
work
and
forming
an
attachment
to
a
firm.

One
often-underrated
reason
for
hosting
a
law
firm
holiday
party
is
that
it
can
be
the
perfect
occasion
for
firm
alumni
to
mingle
and
reconnect
with
people
who
they
used
to
work
with.
I
have
discussed
in
previous
articles
how
law
firm
alumni
can
be
powerful
when
developing
business,
building
connections
within
the
legal
profession,
and
for
other
reasons.
When
people
leave
law
firms,
they
often
go
in-house,
enter
the
judiciary,
or
pursue
a
number
of
vocations
that
can
all
be
helpful
to
a
law
firm
if
they
are
able
to
keep
contacts
alive.

In
my
experience,
it
is
common
for
law
firm
alumni
to
attend
law
firm
holiday
parties
if
the
alumni
do
not
have
scheduling
conflicts.
Indeed,
I
distinctly
remember
meeting
my
predecessor
at
a
firm
during
that
shop’s
law
firm
holiday
party,
and
this
person
was
welcomed
back
by
all
of
the
partners.
It
was
great
to
talk
to
this
person
about
issues
we
both
faced,
and
I
am
pretty
sure
that
this
alumni
of
the
firm
threw
some
work
to
his
old
bosses
if
he
could
not
handle
the
work
himself
in
his
new
role.
With
all
of
the
responsibilities
people
have,
it
might
be
difficult
to
invest
time
in
law
firm
alumni
or
host
a
dedicated
event
for
these
individuals.
However,
by
hosting
a
law
firm
holiday
party,
law
firms
can
not
only
create
a
great
event
for
people
who
currently
work
at
a
shop,
but
can
also
have
a
way
to
reconnect
with
lawyers
who
have
left
a
firm
for
other
jobs.

Lastly,
holding
an
epic
holiday
party
can
be
a
source
of
pride
for
some
law
firms.
People
who
work
at
a
shop,
and
even
those
who
do
not
work
at
a
firm
and
only
hear
about
the
holiday
party,
might
judge
a
firm
based
on
how
awesome
their
holiday
party
is.

For
instance,
there
is
a
plaintiffs’
firm
in
my
area
with
many
people
at
a
shop
where
I
worked
interacted.
This
firm
apparently
had
an
epic
holiday
party
each
year,
and
everyone
wanted
to
be
invited
to
the
party
and
swapped
stories
of
the
crazy
things
that
happened
at
the
event.

Even
within
a
firm,
past
epic
holiday
parties
can
be
a
source
of
pride
for
partners.
I
once
worked
at
a
shop
that
had
seen
better
years
in
prior
decades
since
the
partners
were
close
to
retirement,
and
the
law
firm
had
been
downsizing.
The
partners
glowingly
talked
about
past
holiday
parties,
including
an
event
that
took
place
at
Windows
on
the
World,
an
amazing
restaurant
and
event
complex
that
occupied
the
top
floors
of
the
North
Tower
of
the
World
Trade
Center.
If
law
firms
throw
an
epic
event,
it
can
be
something
they
might
be
proud
of
for
decades,
and
this
is
worth
the
expense
of
hosting
such
an
event.

Apologies
for
publishing
this
article
so
late
in
the
holiday
season!
Since
holiday
parties
are
already
occurring,
law
firms
likely
cannot
heed
the
advice
in
this
article
during
the
current
holidays.
However,
when
it
comes
to
planning
law
firm
holiday
parties,
shops
should
consider
investing
in
such
events
since
it
can
yield
dividends
in
how
it
positively
impacts
law
firm
culture.




Rothman Larger HeadshotJordan
Rothman
is
a
partner
of




The
Rothman
Law
Firm
,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of




Student
Debt
Diaries
,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at




jordan@rothmanlawyer.com
.

The Year Ends With A Big Bang Of Bucks! – Above the Law

There
are
two
things
attorneys
are
looking
forward
to
this
holiday
season.
The
first,
like
for
all
of
us,
is
a
notification
that
their
Amazon
package
is
arriving
earlier
than
expected.
The
second?
Bonuses!
The
latter
half
of
the
good
news
is
in
for
Gjerset
&
Lorenz!
Here’s
the
scale:

Screenshot 2022-12-16 at 5.18.31 PM

We
love
to
see
it!
If
you
are
a
Gjerset
&
Lorenz
associate
looking
for
an
excuse
to
Uber
Eats
yourself
a
meal
today,
here’s
your
sign!
I
get
the
feeling
you
can
afford
it.


(Turn
to
the
next
page
to
see
the
Gjerset
&
Lorenz
memo.)

We
like
hearing
about
bonuses
almost
as
much
as
you
enjoy
spending
them.
As
soon
as
your
firm’s
memo
comes
out,
please email
it
to
us
 (subject
line:
“[Firm
Name]
Bonus”)
or
text
us
(646-820-8477).
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
Salary
&
Bonus
Alerts,
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.



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at cwilliams@abovethelaw.com and
by
tweet
at @WritesForRent.


Bonus Time

Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


The Lean Law Firm – Above the Law

As
most
of
us
wind
down
the
year
and
start
preparing
to
face
2023,
law
firm
leadership
teams
are
contemplating
how
to
stay
strong
and
relevant
in
the
coming
uncertain
economic
times.
Past
performance
is
famously
not
a
guarantee
of
future
results,
and
most
businesses
ultimately
fall
flat
or
flame
out
entirely
given
enough
time.

Consider
the
fact
that
of
the
companies
listed
on
the
Fortune
500
in
1955,

at
least
87%
no
longer
exist
today
.
The
vast
majority
of
the
world’s
biggest
movers
and
shakers
at
a
time
still
in
living
memory
just
aren’t
around
anymore,
and
the
rate
of
change
and
turnover
in
the
business
world
is
only
going
to
continue
to
increase.
Simply
treading
water
in
the
marketplace
is
hard,
and
treading
water
isn’t
good
enough.
As
William
S.
Burroughs
said,
“When
you
stop
growing,
you
start
dying.”

Part
of
the
problem,
paradoxically,
is
that
a
firm’s
success
can
sow
the
seeds
of
its
own
failure.
As
businesses
succeed,
their
leadership
teams
are
(hopefully)
acutely
aware
of
the
decisions,
strategies,
and
actions
that
got
them
to
where
they
are.
So
when
the
time
comes
to
keep
succeeding
and
keep
growing,
leadership
teams
are
prone
to
looking
at
their
old
strategies
and
simply
double
down
on
the
plan
that’s
already
proven
it
can
work.
It’s
a
totally
understandable
and
rational
thought
process,
but
it’s
also
one
that
can
result
in
ossified
business
plans
that
aren’t
prepared
to
adjust
to
changing
economics,
trends,
and
competition.


How
Success
Works

As
I’ve
mentioned
before,
I’ve
spent
much
of
the
past
two
years
studying
entrepreneurship
through
a
master’s
program
at
the
University
of
Cambridge
Business
School,
with
the
goal
of
better
understanding
how
the
world’s
most
successful
enterprises
find
lasting,
durable
success,
and
how
to
apply
those
lessons
to
running
the
firm
I
help
manage.
As
part
of
my
thesis,
I
interviewed
25
legal
heavyweights,
including
Biglaw
managing
partners,
LegalTech
CEOs,
academics,
and
others
to
learn
how
established
firms
can
use
entrepreneurial
strategies
to
drive
innovation,
rather
than
falling
into
a
trap
of
complacently
rehashing
past
successes.

Going
into
those
interviews,
I
assumed
that
great
entrepreneurship
was
driven
by
wild
ideas
formulated
in
stylish
team
meetings.
Informed
by
the
legends
of
garage-founded
startups
like
Apple
and
Meta,
I
was
imagining
that
great
entrepreneurial
ideas
came
out
of
a
horde
of
young
hoodie-wearing
professionals
sitting
in
a
circle
of
bean
bags,
excitedly
scribbling
out
concepts
on
dry-erase
boards.
It’s
an
alluring,
dynamic
concept
to
build
a
company
around,
one
centered
on
rogue
geniuses
reshaping
the
world
one
algorithm
at
a
time.

Reality,
as
always,
turned
out
to
be
a
lot
less
sexy.
Successful
entrepreneurship
isn’t
a
series
of
blazing
bright
ideas
implemented
cleanly.
It’s
a
process,
and
often
it’s
a
grind.
It’s
all
about
identifying
looming
challenges
and
opportunities,
brainstorming
solutions,
and
then
designing
controlled,
measurable
ways
to
experiment
with
those
solutions.
Those
experiments
will
often
fail.
If
you’re
lucky,
they’ll
fail
quickly
and
cheaply.
Don’t
count
on
being
lucky.

Once
the
experiment
is
over,
it’s
all
about
figuring
out
what
worked,
what
didn’t,
and
what
deserves
further
testing.
Then
it’s
back
to
experimenting,
and
analyzing,
and
experimenting
again.
The
cycle
never
ends,
the
work
is
never
done.
Today’s
work
is
all
about
making
tomorrow’s
work
hopefully
better.

There
are
a
number
of
formulations
and
names
for
this
process.
I’m
partial
to
Eric
Ries’
book
The
Lean
Startup
,”
where
he
calls
it
the
Build-Measure-Learn
cycle,
but
you
may
have
read
about
or
experienced
the
iterative
feedback
loop
concept
in
any
number
of
contexts.
It’s
increasingly
endemic
in
the
broader
business
world,
even
if
adoption
in
the
legal
space
remains,
as
usual,
lagging
behind.
It’s
a
proven
model
for
innovation
and
optimization,
but
more
importantly
it’s
a
way
of
thinking
that
can
be

taught
,
one
that
can
become
baked
into
a
business’
systems
and
culture.
Most
law
firms
don’t
employ
eccentric
rogue
geniuses
who
can
reshape
an
entire
industry
with
their
ideas,
but
all
law
firms
can
work
positively
toward
creating
a
culture
of
experimentation
and
iterative
refinement.


So
Why
Do
So
Few
Firms
Do
It?

Many
of
the
problems
with
law
firms
come
down
to
the
fact
they’re
populated
by
lawyers.
The
challenge
of
developing
an
entrepreneurial
culture
in
a
law
firm
is
no
different.
The
Build-Measure-Learn
cycle
is
all
about
constant
change,
and
lawyers
tend
to
resist
change.
Trevor
Faure’s
excellent
resource

Smarter
Law

goes
into
depth
on
this
topic,
and
I
won’t
quote
here
his
entire
“Maleficent
Seven”
reasons
that
lawyers
resist
change,
but
given
our
profession
is
one
that
is
based
on
precedent,
insulated
from
the
full
weight
of
the
competitive
marketplace,
and
that
has
historically
done
well
enough
by
being
reactive
rather
than
proactive,
it’s
not
that
surprising
that
many
law
firms
are
allergic
to
experimentation,
especially
given
the
high
likelihood
that
some
of
those
experiments
will
abjectly
fail.

But
our
industry’s
historically
reactive
mindset
doesn’t
mean
the
future
has
to
look
the
same.
Those
firms
looking
to
develop
that
entrepreneurial
edge
have
some
strategies
at
their
disposal.


How
To
Overcome
Being
Lawyers

First,
firm
leadership
needs
to
constantly
communicate
that
experimentation
and
change
are
crucial
to
the
firm’s
continued
success.
Team
meetings
need
to
regularly
include
surveys
of
new
economic
trends,
market
competitors,
and
potential
disruptions
and
opportunities.
Leadership
should
make
a
point
of
considering
structured
experiments
proposed
by
anyone
in
the
firm,
from
the
managing
partner
to
the
mail
room
attendant.
And
leadership
needs
to
commit
to
the
iterative
learning
model,
normalizing
the
failure
inherent
in
that
process.
Experiments
that
don’t
pan
out
as
expected
still
teach
us
something,
informing
the
next
round
of
experiments
that
hopefully
end
more
productively.

Second,
firm
leaders
should
implement
programs
designed
to
reinforce
the
feedback
loop,
rather
than
letting
the
experiment
die
on
the
vine.
Next
year,
for
example,
Fennemore
is
launching
an
R&D
incubator
known
as
Fennemore
Labs
that
provides
a
formal
mechanism
for
partners,
associates,
and
other
legal
professionals
to
systematically
identify
and
pursue
novel
solutions
that
will
position
the
firm
for
success.
The
ideas
will
be
tested,
and
most
will
fail.
But
based
on
evaluation
and
measurement,
the
Fennemore
Labs
concept
ensures
that
ideas
that
didn’t
work
but
still
have
potential
will
be
iterated
and
tried
again.
We’re
committing
resources
and
time
to
the
basic
concept
of
experimentation,
learning,
and
growth.

Lastly,
firm
leaders
must
foster
an
environment
of
psychological
safety
for
the
above
processes
to
thrive.
Lawyers
are
trained
to
seek
and
destroy
ideas.
We’re
taught
from
our
first
days
in
law
school
how
to
prove
our
value
by
dismantling
others’
thoughts.
That
may
arguably
work
in
some
legal
contexts,
but
it
doesn’t
work
when
ideating
and
working
with
coworkers.
When
it
comes
to
innovation,
leaders
must
learn
to
scale
down
how
much
we
praise
successful
results
and
begin
praising
successes
in
the
process.
It’s
only
by
creating
a
positive,
collaborative
environment
where
constructive
failure
is
welcomed
that
we’ll
be
able
to
break
ourselves
of
those
bad
law
school
habits
and
open
up
the
floodgates
of
creativity.

Past
performance
isn’t
an
indicator
of
future
results,
but
today’s
performance
absolutely
is.
If
you
want
your
firm
to
have
a
prosperous
2023
and
beyond,
embrace
the
entrepreneurial
model.
It’s
scary,
disruptive,
and
often
doesn’t
work
out
as
expected.
And
that’s
exactly
why
your
firm
needs
to
do
it.


GoodnowJames
Goodnow 
is the
CEO
and
managing
partner
of NLJ
250
firm 
Fennemore
Craig
. At
age
36,
he
became
the
youngest
known
chief
executive
of
a
large
law
firm
in
the
U.S.
He
holds
his
JD
from
Harvard
Law
School
and
dual
business
management
certificates
from
MIT.
He’s
currently
attending
the
Cambridge
University
Judge
Business
School
(U.K.),
where
he’s
working
toward
a
master’s
degree
in
entrepreneurship.
James
is
the
co-author
of 
Motivating
Millennials
,
which
hit
number
one
on
Amazon
in
the
business
management
new
release
category.
As
a
practitioner,
he
and
his
colleagues
created
and
run
a
tech-based 
plaintiffs’
practice
 and
business
model.
You
can
connect
with
James
on
Twitter
(@JamesGoodnow)
or
by
emailing
him
at 
James@JamesGoodnow.com.

CRM Banner

Good News For Biglaw Associates: No More Layoffs? – Above the Law


The
message
I’m
hearing
from
a
lot
of
firms
is
that
the
sky
isn’t
falling.
They’re
not
all
positioned
to
potentially
have
to
make
tough
decisions
like
layoffs.




Summer
Eberhard,
a
California-based
recruiter
at
Major,
Lindsey
&
Africa,
in
comments
given
to

Bloomberg
Law
,
on
how
Biglaw
firms
are
faring
at
year’s
end,
and
whether
additional
layoffs
ought
to
be
expected
in
the
months
to
come.
As
it
turns
out,
firms
that
didn’t
get
as
aggressively
involved
in
the
associate
talent
wars
may
actually
be
better
off
than
their
peers.
“In
some
respects,
they
are
better
positioned
because
they’re
either
perfectly
staffed
or
slightly
understaffed,”
she
said.



Staci ZaretskyStaci
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
.

Scissors Cut Money

Enter
your
email
address
to
sign
up
for

ATL’s
Layoff
Alerts
.

Alex Jones Puts The ‘E’ In ‘Bankeruptcy’ – Above the Law

(Photo
by
Oli
Scarff/Getty
Images)

Noted
loon
Alex
Jones
owes
a
lot
of
people
a
lot
of
money
after
spending
years
calling
the
parents
of
Sandy
Hook
victims
liars
for
fun
and
profit.
That
his
ranting
ginned
up
his
demented
fanbase
to
threaten
and
harass
the
families
as
“crisis
actors”
didn’t
matter
to
Jones
as
he
raked
in
millions
selling
supplements
on
his
show.

He’s
tried
using
his
alphabet
soup
of
corporate
entities
to
declare
bankruptcy
and
now
claims
to
be

both
personally
bankrupt
AND
owed
millions
from
one
of
his
companies
.
He
also
says
he

cannot
survive
on
a
mere
$10K/week
.
It’s
all
a
neat
trick
that
also
seems
unlikely
to
persuade
the
Bankruptcy
Court.

Meanwhile,
he’s
also
suing
to
prevent
the
January
6
Committee
from
getting
his
phone
records
from
AT&T
under
a
subpoena.

His
latest
filing

in
that
matter
makes
the
curious
claim
that
his
bankruptcy
shenanigans
impose
an
automatic
stay
on
this
case.
That
he
brought.
To
prevent
Congress
from
collecting
third-party
documents
under
a
legally
issued
subpoena.

He
cites
11
U.S.C.
§
362,
which
stays
proceedings
against
a
debtor
that
could
dilute
the
estate
during
a
bankruptcy
proceeding.
What
it
conspicuously
does
not
do
is
stay
proceedings
by
the
debtor
that
have
no
impact
on
the
estate.

But
as
legal
boners
go,
that’s
not
even
the
best
one
in
this
filing.
Because
Norm
Pattis,
lawyer
for
Alex
Jones
and

amateur
racist
comic
,
delivered
this
to
the
court:

Alex Jones Spelling

No,
I’m
sorry,
you
can’t
buy
a
vowel
once
you’ve
spun
a
bankrupt.
We’re
going
to
have
to
take
back
that
million
dollar
tile
too.


HeadshotJoe
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
.

12-Hour Armed Hostage Standoff Ended By Legal Marketer – Above the Law

Has
your
firm
ever
bypassed
hiring
a
professional
legal
marketer
because
you
and
your
partners
are

positive

you
can
sell
the
world
on
the
idea
of
paying
you
hundreds
of
dollars
for
a
two-hour
“internal
meeting”?
Before
you
get
so
cocky
about
your
persuasive
skills,
this
legal
marketer
JUST
NEGOTIATED
THE
END
OF
AN
ARMED
STANDOFF!

Ross
Fishman
of

Fishman
Marketing

works
with
law
firms
from
the
Am
Law
50
down
to
firms
with
fewer
than
50
attorneys.
A
few
days
ago,
he
earned
the
“Citizen
Citation
for
Meritorious
Service”
from
Highland
Park,
Illinois,
for
his
efforts
ending
an
armed
hostage
situation.

Three
months
ago,
a
man
barricaded
himself
inside
his
home
with
another
local
resident
and
an
unknown
number
of
weapons.
From
10
a.m.
until
10:30
p.m.,
over
50
police
and
SWAT
personnel
tried
to
end
the
standoff.
The
hostage
left
the
house,
but
the
resident
was
still
locked
in
the
home
and
neither
the
SWAT
negotiator
nor
the
man’s
mother
or
brother
could
talk
him
out.

“At
10:30
p.m.
I
persuaded
the
Chief
of
Police
that
being
a
lawyer
I
might
be
able
to
help
with
some
of
the
issues,
and,
having
run
out
of
options,
he
let
me
try,”
Fishman
said.
Fishman
emailed
and
called
the
resident
and,
“I
was
able
to
talk
the
perpetrator
out
safely
within
15
minutes.”

FIFTEEN
MINUTES.
No
lawyer
ever
gets
results
in
less
than
2.7
hours.

052A581B-2ECA-4235-AE3C-231BB520B505

Ross
Fishman
is
holding
the
certificate,
with
Mayor
Nancy
Rotering
to
the
left
and
Chief
Lou
Jogmen
to
the
right,
surrounded
by
some
of
the
other
police
officers
who
were
on
site
that
day.

The
specific
citation
bestowed
upon
Fishman
is
“awarded
to
a
private
citizen
for
an
act
which
involves
uncommon
risk
to
the
citizen
when
providing
assistance
to
the
Police
Department,
or
for
an
act
which
results
in
the
saving
of
a
life
or
attempted
saving
of
a
life
in
which
extraordinary
efforts
were
used
and
uncommon
risk
to
the
citizen
was
involved.”
Among
a
gathering
of
cops
in
tactical
gear
armed
with
assault
rifles,
Fishman
was
wearing
a
blue
blazer.
Because
a
hostage
situation
is
not
an
excuse
to
overlook
style.

“I
never
envisioned
myself
as
a
hostage
negotiator,
but
my
litigation
and
negotiating
training
(that
I
use
regularly
when
pitching
marketing
campaigns
to
law
firm
marketing
committees)
certainly
came
in
handy
that
night!”
That’s
an
understatement.

Thankfully
everyone
turned
out
safe.
But
to
bring
this
back
around
to
the
legal
industry,
marketing
just
isn’t
something
firms
should
be
winging
and
definitely
isn’t
a
hat
you
should
be
wearing
while
simultaneously
trying
to
practice.
The
professionals
who
devote
themselves
to
this
job
understand
how
to
convince
people.

Though
as
far
as
we
know,
Fishman
is
the
only
one
capable
of
ending
an
armed
standoff.


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