Author Archive

For the past week, a conversation has percolating around Skadden that has made its way into the ATL inbox. A Skadden associate, Lisa Johnstone, died last week. Her obituary ran earlier this week in the San Diego Union Tribune. And her memorial service was yesterday. She died of an apparent heart attack, though we understand that her autopsy has not yet been completed. She was 32.

We’re talking about Lisa Johnstone’s death because reports indicate that she died while doing legal work from her home office on a Sunday. We’re talking about Lisa Johnstone because for over a week, Skadden associates have been talking about just how many hours Johnstone had been working. We’re talking about Johnstone because while the root cause of her death my never be known, many Skadden associates and others who know the story are taking this as an opportunity to assess their lives and their mental and physical well being.

And that’s a good thing. The best advice I ever received in Biglaw was the partner who said: “You don’t have a thermostat”…

Read more on AbovetheLaw.

Elie Mystal is Editor of Above the Law, a Breaking Media site.

Moshe Gerstein

The nauseating story of Moshe Gerstein has come to an abrupt end. Gerstein, who had been accused of possessing violent child pornography, has been found dead.

The allegations against Gerstein — who worked at Gibson Dunn and Skadden — were particularly disturbing. Gerstein was accused of stockpiling thousands of images of brutal child porn.

But he pleaded not guilty and was due to appear in court yesterday.

Instead, his obituary ran in The Republican today.

That obit is light on details, but an Above the Law source has attempted to shed some more light on the situation…

Read more on AbovetheLaw.

Elie Mystal is Editor of Above the Law, a Breaking Media site.

I really, really hope that somewhere out there, Thomas W. Gooch III feels like a giant tool. A few days ago, Gooch, of the law firm Gauthier & Gooch, wrote a motion objecting to a “large breasted woman” sitting at opposing counsel’s table. He questioned the woman’s qualifications and accused opposing counsel, Dmitry Feofanov, of planting her there to distract the jury.

We wrote about Feofanov’s response. He said the woman is his paralegal. But that response didn’t satisfy Gooch, who told the Chicago Sun-Times:

“Personally, I like large breasts,” Gooch said. “However, I object to somebody I don’t think is a qualified paralegal sitting at the counsel table — when there’s already two lawyers there — dressed in such a fashion as to call attention to herself.”

Well, it turns out that Gooch has been ogling, scrutinizing, and questioning the qualifications of Feofanov’s wife.

Dude… not cool.

Feofanov has furnished us with a statement, accompanied by a tasteful picture of his allegedly offensively-figured wife…

Read more on AbovetheLaw.

Elie Mystal is Editor of Above the Law, a Breaking Media site.

Are we good if this is my default photo for anything involving Brazil?

UPDATE (5:30 PM): Please note that the veracity of this story has been called into question. For more, see the note at the end of this post. (Or ignore the note and pretend that the story is real; life’s more fun that way.)

Fair warning: I will not succeed in writing this post like an adult.

A Brazilian woman who in the past needed to masturbate up to 47 times a day has won the right to masturbate at work. The woman suffers from severe anxiety and “hypersexuality,” which is apparently a real thing and not just as something that’s been invented for the porn industry.

Excuse me, I need a minute to ask God why I don’t get to work with the Brazilian nympho woman who has to masturbate at work…

Read more on AbovetheLaw.

Elie Mystal is Editor of Above the Law, a Breaking Media site.

If you already know what I’m talking about, I’m sorry — I don’t have very much to add. The deposition is so damn short, the transcript doesn’t contain case-identifying information, and the pdf has been stripped of its metadata. Really, I only know what you know: a hilarious deposition took place earlier this month.

For those who are in the loop, there’s been this deposition making the rounds on various lawyer listserves. From what we can tell, it’s a real deposition in what appears to be a divorce or some other type of family-law proceeding. The deponent is named Kevin Phillip Gartner; of all the Kevin Gartners in Google, we can’t be sure of which one. The lawyer taking the deposition appears to be Denise Watson, a Jacksonville area lawyer. When I tried to contact her, I was told she is “unavailable, this week.” The lawyer valiantly trying to represent Kevin Gartner and defend the deposition is known only as “Mr. Dorsey.”

That’s all I got: a name, a no-comment, and the mysterious Mr. Dorsey. Normally, that wouldn’t be enough for a full post. But you’re going to want to see the depo transcript for yourself….

Read more on AbovetheLaw.

Elie Mystal is Editor of Above the Law, a Breaking Media site.

Choosing the next editor of the law review.

It so happens that we are right in the middle of election season for law review boards. At top law schools around the country, 2Ls who want to be Supreme Court clerks — or Supreme Court justices, or even presidents — are finding out if they’ll be able to include “Editor in Chief: Law Review” on their résumés for the rest of their lives. At less prestigious schools, 2Ls are hoping that a place on the editorial board of their school’s law review will help them get a job upon graduation.

(And people who are not on law review have another week or two to get hammered and enjoy the fledgling spring before they need to hunker down and cram for finals.)

The people involved in law review elections take the popularity contest selection process very seriously. At many places, the debates over whom to pick last well into the night, and the election takes many ballots before a winner is declared. The process at many places is so ritualistic, it’s a wonder that newly minted editors-in-chief don’t adopt new names when they win, just like the Popes. Can’t you see it now: Homosextius I of the Harvard Law Review?

Of course, if there are winners, there have to be losers. And some losers don’t take their losing lying down. Thanks to the magic of forwarded emails, we are able to bring you one such story of law-review-losing bitterness…

Read more on AbovetheLaw.

Elie Mystal is Editor of Above the Law, a Breaking Media site.

I feel like there should be a student protest reality show.

Too often, people act like post-graduation unemployment is a malady that affects only students at lower-ranked law schools. People act like only lazy students at third-tier institutions — or “rank not published” institutions, if you prefer — end up desperate for work after three years of legal education.

But we know better. We know that the threat of unemployment is very real to all law school students. Sure, the higher-ranked schools might do a better job of getting their students jobs, at least in percentage terms; but even top schools have students who want to work but cannot find jobs.

Students at one top-ten law school are sick of suffering in silence. They want everybody, especially admitted students, to know that going to an elite law school doesn’t guarantee you a good job.

Given the state of the legal economy and the cost of law school tuition, it’s a wonder that this kind of thing doesn’t happen more often….

Read more on AbovetheLaw.

Elie Mystal is Editor of Above the Law, a Breaking Media site.

Is your law school being a crybaby?

We’ve already noted that there was no change at the very top of the 2012 U.S. News Law School Rankings. The best schools remain the best schools.

Further down the list, we start to see some volatility. Now, every year there needs to be some change in the rankings; how else is U.S. News going to get people to buy new magazines? When you cede control of your legal education system to the list-making skills of a for-profit magazine, those are the kinds of realities you just have to live with.

But the way U.S. News tweaked its methodology this year is special. This year, U.S. News tweaked things ever so slightly to make their rankings just a little bit more output-oriented. While the rankings are still unabashedly focused on the qualifications of students on the way in than what those kids end up doing on their way out, this year’s list pays more lip service to the employment outcomes of recent graduates. We recently quoted this section of a letter U.S. News editor Brian Kelly sent to law school deans: “[E]mployment after graduation is relevant data that prospective students and other consumers should be entitled to. Many graduate business schools are meticulous about collecting such data, even having it audited. The entire law school sector is perceived to be less than candid because it does not pursue a similar, disciplined approach to data collection and reporting.”

U.S. News placed a little more emphasis on employment after graduation this year, and some schools took a significant hit because of it.

And now? Well, my friends, now we get to hear a couple of law schools squeal — just like their graduates have for the past three years….

Read more on AbovetheLaw.

Elie Mystal is Editor of Above the Law, a Breaking Media site.

Campbell Brown’s “honest broker” attempt at “no bias, no bull” has fallen to the ideologically booby-trapped no-spin produced by Bill O’Reilly at Fox and Keith Olbermann at MSNBC. CNN will undoubtedly try to fill her spot with another old media type who has a little more star power. Or CNN president Jon Klein will have to go back on his word and find a television “opinionator” that can compete at 8:00 o’clock.

Early indications are that Klein will look for somebody that can impose his or her personality on the program. The rumor that former solicitor general for prostitutes Eliot Spitzer would be up for the job has been debunked. But Brown’s candid resignation letter illustrates CNN’s problem:

The 8pm hour in cable news world is currently driven by the indomitable Bill O’Reilly, Nancy Grace and Keith Olbermann. Shedding my own journalistic skin to try to inhabit the kind of persona that might co-exist in that line up is simply impossible for me. It is not who I am or who I want to be; nor is it who CNN asked me to be at any point.

But maybe there is a third option for CNN. A traditional news anchor is too boring for 8:00 pm. Opinionated infotainment is a space already dominated by two of the biggest names in the business. Instead of taking one of two bad choices, CNN should go outside the mainstream and make a new media news hour, anchored by a person who isn’t just fluent in new media, but speaks it as his or her native tongue…

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