The National Law Journal suggests that the down economy could be hitting the pockets of the Elect. Some firms are suggesting that the $250,000 bonus to hire a former Supreme Court clerk is just too expensive in today's economy:

At firms that have been shaken by the downturn, however, a $250,000 bonus will be hard to sell, some practitioners say. "Intuitively, it doesn't feel right to pay that kind of bonus when you are trying to make economies wherever you can at the firm," said veteran advocate Carter Phillips, managing partner at Sidley Austin's Washington office. Thomas Goldstein of Akin, Gump, Strauss, Hauer & Feld, where there have been cuts, agrees that it's tough to justify a $250,000 bonus when a firm is considering letting go a staff person paid $50,000. Because of that juxtaposition, he predicted bonuses will shrink -- though he said it's too early in the hiring season to say how much. "The number of firms willing to pay that amount of money will be down."

But surely these firms aren't talking about collusion, are they? SCOTUS clerks command top dollar, and firms that are struggling can't artificially deflate the price for this top talent -- even if they want to:

Firms won't be sorry to wave goodbye to what Goldstein calls the "incredible escalation" that the $250,000 bonus represents. Even before the recession, firms were grumbling about it because of a recurring pattern: Some clerks grab the bonus, work at the firm for a year or three, then skip off to academia with loans paid off and kids' tuition in the bank. "Firms are going to be more interested in clerks staying around and practicing law," [former solicitor general Paul] Clement said.

While some firms might be priced out of the Elect market, we are still talking about a "recession-proof" set of credentials.

More after the jump.

When we reported on the salary cuts at Nixon Peabody, we mentioned that the firm would allow associates to make up some of the money come bonus time. Here's how the firm explained the opportunity:

With our new levels of base pay in place, we will be introducing a bonus program that offers the potential of up to 30% of base pay based on firm and individual performance. We believe this innovative pay structure will reward our highest performing associates while lowering total compensation for those who perform at lower levels.

We've gotten a look at Nixon's proposed "up to 30%" bonus structure. This hasn't been finalized, but here is what is going around the office:

Let's break this down, after the jump.

* The vultures are circling around Dreier LLP's Park Avenue office--an auctioneer's website reads "everything must be sold," but Dreier's indictment last week says he must forfeit the firm's assets--the prosecutors and bankruptcy trustee will have to fight it out. [The National Law Journal]

* "U.K. regulatory lawyers advising clients on the financial crisis and scandals bill as much $1,440 an hour." "It's our time in the sun," says regulatory lawyer Darren Fox--alright Fox, wipe that smug look off your face--just because former M&A lawyers in the states can't even get volunteer jobs--doesn't make it OK to gloat. [Bloomberg.com]

* The Connecticut Attorney General got aggressive about AIG bonuses over the weekend. The outrage continues with new information that AIG payed out $218 million in bonuses, more than the $165 originally reported.[The Los Angeles Times]

* Enron executive Scott Yeager will be the first to bring his case before the U.S. Supreme Court. [The Houston Chronicle]

* SCOTUS will review "Hillary: The Movie," and decide whether the scathing documentary should have been regulated as a campaign ad. [The Associated Press]

* A specialist on law firm finances says New York firms need to follow each others lead and re-shape associate pay--replacing "lockstep" with merit pay. [The Lawyer.com]

* An interesting case for the judge's probable ruling to uphold Proposition 8 from a progressive gay marriage supporter. [The Washington Post]

Yesterday When I was a kid, I used to steal the Reese's Peanut Butter cups from my younger sister's Halloween bag, eat them, place the empty wrappers back in the bag and steal away into the night. My thinking was that at no time would my sister discover that the wrappers were empty, and if she did, well, the worst that my parents could do was take away my Nintendo.

Last night, attorneys at Morrison & Foerster opened up what they surely hoped would be their adult goody bag -- an email from firm chair Keith Wetmore, titled "2008 Bonuses and 2009 Compensation " -- only discover that they, too, were faced with empty wrappers.

Naturally the email announced the usual bad news, including "simply unknowable" 2009 bonuses and salary freezes for 2009. The exception is for New York, where increases will be paid as bonuses if associates, among other things, are able to decipher the announcement itself:

In New York, however, where all major New York firms implemented step increases this year, the step increase will be paid as a Contribution Bonus in January 2010 in an amount equal to the step increase that would otherwise have applied for that class. The Contribution Bonus will be paid to those New York-based associates who progress with their class and record 1950 Efficient Legal Service Hours (see Compensation Brochure), subject to the usual prorations, and who are employed with the firm on the date the Contribution Bonus is paid.

But the email also contained a chart revising and lowering the already announced 2008 Evaluation Bonuses, which comprise the lion's share of the total bonuses.

A tale of betrayal and woe, plus the MoFo compensation email, after the jump.

Let's start off 2009 with some good news. Litigation boutique Kasowitz Benson announced bonuses just before the New Year, and will be paying out Skadden dollars at the end of the month.

So don't stick a fork in the New York market just yet.

Associates at Kasowitz are understandably ecstatic:

It really is a fantastic place full of extremely smart trial lawyers that sometimes litigate, as opposed to all of the other firms where litigators sometimes do trial work.

There are a couple of wrinkles. Unlike Skadden, the Kasowitz memo contains language saying that bonuses will be "up to" Skadden levels. According to the firm, individual payouts will be based on a couple of factors:

As in prior years, the above are benchmark amounts which are subject to adjustment to reflect individual performance and hours worked.

Still, our tipsters expect that most people will receive the full amount:

I have never heard of people not getting the full amounts that are stated. We are crazy busy and have been so I would say most will.

The mere opportunity to receive an above market bonus should be enough to have Kasowitz associates singing the firm's praises well into the new year.

Read the full Kasowitz memo after the jump.

Akin Gump sent its bonus memo around the New York office yesterday. No real surprises. Akin is giving the "New York Market Bonus" to associates in good standing.

One bit of excitement is that "associates and counsel who performed in a truly exceptional manner in terms of both quality and productivity" may get "discretionary merit bonuses." So if you're an Akin NY associate who billed over 2400 hours this year, it may not have been done in vain.

The memo includes the increasingly common warning about a possible salary freeze come 2009. See the full memo, after the jump.

Mayer Brown has wished its NYC associates a merry Christmas Eve with bonuses matching the New York market (a.k.a. the Cravath/half-Skadden model).

Our tipster tells us there is no official word as to pay raises for 2009.

This announcement comes a month after Mayer announced layoffs of 33 attorneys, as well as administrative staff. Our tipster says rumors are making the rounds at Mayer of further layoffs in 2009.

Merry Christmas?

Full bonus memo after the jump.

Dear Jones Day threadjackers:

Here is your post about the Jones Day bonus. Now please put the lotion in the basket and give me back my dog.

Okay. Yesterday, Jones Day sent around its individual compensation letters. Traditionally, Jones Day makes bonus decisions on a case-by-case basis. This year is no different, but a tipster reports that the firm has generally decided to follow the Cravath scale.

Jones Day doesn't have a billable hours requirement. But because of the individual nature of the firm's decisions, some associates could be receiving more than people at Cravath, while some could get far less.

We also understand that Jones Day does everything it can to keep associates from knowing what the guy down the hall is taking home. A tipster reports:

All comp is confidential here. So no one knows what anyone else gets, unless you spill the beans, which is strongly discouraged. You just get your personal comp letter with your numbers.

Firm spokespeople could not be reached for comment about their bonus structure.

Our tipsters weigh in after the jump.

In good times, people are generally happy with lockstep bonus structures. In bad times, people start grumbling about "carrying" less lucrative practice groups. In these times... I think there was a novel about "Flies" that explained the situation.

For those who prefer a more "performance based" bonus scheme, McKee Nelson might be the place for you. Yesterday, the firm announced their bonus structure. A firm spokesperson explains the process to ATL:

McKee Nelson has always paid bonuses to associates based on a combination of performance and hours. As a general rule, we have not published a bonus scale or sent a bonus memo to associates as bonuses are determined and communicated on an individual basis. An exception was made last year as part of our voluntary program.

... I will tell you that 2008 McKee Nelson bonuses were based on the Cravath scale but with our customary variation in the bonus awards made to individual lawyers based on performance and hours.

Remember that McKee Nelson recently laid off 32 people, including 17 corporate finance attorneys. Paying bonuses at all really is a "bonus."

After the jump, McKee Nelson tipsters share their thoughts.

Individualized memos have been issued to Skadden Arps associates to inform them of their 2008 bonuses and 2009 base salaries. The Skadden base salaries reflect the customary annual pay raises -- sorry, Lathamites.

Because Skadden's announced bonuses this year are so much higher than the Cravath-established market level, folks at other firms have wondered: Are the Skadden bonuses for real?

The short answer: yes. To quote the famous Seinfeld episode, "they're real -- and they're spectacular."

We've surveyed Skadden associates from a variety of class years, from 2008 through 2001. The scale we've pieced together looks like this (i.e., like last year's year-end or regular bonus schedule, but without the "special" bonus amounts):

Class of 2008 -- $35,000 (prorated)
Class of 2007 -- $35,000
Class of 2006 -- $40,000
Class of 2005 -- $45,000
Class of 2004 -- $50,000
Class of 2003 -- $55,000
Class of 2002 -- $60,000
Class of 2001 -- $65,000

The bonus schedule is, of course, subject to the 1600-hour minimum. That's not an onerous burden, and pro bono hours count towards the minimum, in unlimited amounts. If you fall short of the 1600-hour minimum, you may still be eligible for a 50 percent bonus -- aka a "half-Skadden" bonus.

After the rest of the New York market settled around the Cravath bonus levels, some wondered: Do the Skadden partners feel like chumps?

Find out, after the jump.

Update (3:30 PM): Please note that this post has been revised in various respects since its original publication. The situation is fluid and we are investigating further. Thanks.

It's moving day. Time for the elite firms to separate themselves from everybody else.

Multiple tipsters inform us that O'Melveny & Myers associates, in California and in Washington, DC, received voicemails today confirming that first year associate bonuses would be... $27,500. The bonus scale for OMM, in CA and DC, is believed to look like this:

2007 - 27,500
2006 - 30,000
2005 - 32,500
2004 - 35,000
2003 - 37,500
2002 - 40,000
2001 and 2000 - 45,000

A tipster adds, "Everyone is also eligible for additional bonus amounts on top of that based on hours and performance."

We understand that OMM traditionally makes these announcements over voicemail. Bonuses will be paid on December 31st, with an official memo following in January. Oh, and just for good measure, class appropriate pay raises will proceed as planned. Eat your heart out, Latham.

Update (3:30 PM): It appears that these California and D.C. bonus levels are subject to a minimum hours requirement of 1950. In addition, it seems that O'Melveny's New York office is on the Cravath scale.

Update (3:45 PM): Associate editor Kashmir Hill just spoke by phone with an O'Melveny spokesperson. The spokesperson confirmed that OMM's California and DC offices are paying bonuses to associates that are higher than OMM in New York.

"For some time, we have set bonus levels at a competitive rate for local markets," she said. And as ATL readers know, this year the local market in New York is weak in terms of bonuses. The OMM rep pointed out that last year New York bonuses were higher than non-NYC bonuses.

In addition, the spokesperson added, the California and DC bonus scales are subject to a minimum hours requirement of 1950. Bonuses in New York are not subject to such a minimum (although "hours and merit are taken into account," according to OMM).

More after the jump.

Debevoise & Plimpton has been very busy and very profitable. They recently sent around a positive internal email about the firm's business during the downturn. And we know that the Siemens case has treated them well.

But in 2008, public protestations of solid business mean nothing when it comes to associate compensation. Debevoise announced that they were paying half of what Skadden is offering:

2008: $17,500 (pro-rated)
2007: $17,500

2006: $20,000

2005: $22,500

2004: $25,000

2003: $27,500

2002: $30,000

2001 (and senior): $32,500

The numbers -- while annoying -- are not really that surprising. Schulte Roth, housed in the same building, earlier today announced the same scale (although subject to an hours requirement). Even our Debevoise sources anticipated that, with Siemens winding down, the firm would be more forward-looking with this round of bonuses.

What is surprising is the timing of this bonus announcement. The email went out from managing partner Rick Evans at 6:54 p.m. WTF ("Sacré bleu" in Debevoise-speak)? Was management hoping to dodge the news cycle with an after-hours announcement? Somebody should let them know that the internets are on 24/7.

Our hearts go out to the Debevoise associates that were still working when this announcement crashed into their inboxes. Professionalism is its own reward. All Skadden associates are getting this Christmas is twice the money.

Read the full memo after the jump.

With the holidays two weeks away, many are starting to think about the frantic search for gifts for loved ones... and loved support staff. A Consumer Reports survey indicates that 76% of Americans will cut back on gift giving this year. Surprise, surprise. But what does it mean for planning your gift for your secretary and/or paralegal?

Writes one ATL reader:

I'm a NYC 4th year and for three years have given my secretary $100 per year I've been at my firm (plus a small -- $25 -- physical gift as well). If I follow that pattern, I'd give her $400 cash in a few weeks.

My secretary is great and I would like to show my appreciation. But this year, with my job hardly safe and my bonus likely to be at Half-Skadden levels (if I even survive long enough to get a bonus), does the $100 per year rule still apply in NYC?

I think we need a full post on this. It's not 2007 anymore.

$400 seems high, even for New York. We thought $150-200 was the going rate.

For the uninitiated, it's customary for associates at large law firms to give a cash gift to their administrative assistants, often along with a card or small gift. Not everyone opts for cold, hard cash-- some do AmEx or Visa gift cards. (If you do choose to go with bills, please make sure they are not of the soiled, dog-eared variety.)

One secretary wrote to us this year to voice opposition to the inter-office gift giving (and she's not the only one):

How should a legal secretary ask her lawyers to not give her gifts? I don't think Christmas has any place at work, and, though I respect and appreciate my lawyers, I don't want them giving me gifts. I find it awkward and embarrassing on many different levels. I've been at my current job 5 years and tried at first simply not reciprocating. But they never got the message. I'm dreading this year's ordeal like the plague. They make a little ceremony of calling me into an office as if I were in trouble. Please ask your readers what I might say that would stop the gifts without offending my guys. Thanks!

So, here's an open thread to discuss your gift-giving plans in the current economic environment. Are you scaling back this year due to a diminished bonus? What's the scale in your town? Does your paralegal get to sit on Santa's lap as well? And if your secretary wants no part in the 12 days of Christmas, how should she let you know?

If the second-most profitable law firm in the nation cuts bonuses by 73%, what do you expect regional firms to do?

Today, the management committee at Epstein Becker & Green made a decision that we will probably be copied at regional firms throughout the country. From the EBG internal memo:

The cautiousness of the Firm's clients regarding their cash position has continued to affect EBG's cash collections through November. We, like all law firms in 2008, are experiencing a slower pace of payments to the Firm from our clients than in prior years. While we are confident that these monies will be collected over time and we are well positioned for 2009, cash available at year end is, as a consequence, more limited than it has been in years when the economy was stronger.

Reflecting this reality, and on our history of conservative but responsible fiscal management that dictates prudence in retaining our cash reserves and not incurring additional debt for non-capital expenses -- thereby protecting the Firm's position as we enter 2009 -- the Compensation Committee has determined that no bonuses will be paid at year end 2008. While we do not make this decision lightly, at a time when many law firms and businesses are engaged in large-scale lay-offs or worse, this decision is, we believe, a moderate response to what are unprecedented circumstances facing our industry.

Remember that a problem many firms are facing right now is that while attorneys keep billing, some clients have stopped paying.

EBG is the first firm that we're aware of that is offering the "special bonus" of zero. But they won't be the last. Don't forget to send us your tips on other mid-sized and regional firms as they make difficult bonus decisions this year.

Read the unabridged statement that EBG attorneys received today, after the jump.

Another law firm informed associates that their hard work was worth half of what it was a year ago. Davis Polk & Wardwell is the latest firm to announce Half-Skadden bonuses.

The official DPW bonus structure is as follows:

Class of 2008: $17,500 (prorated)

Class of 2007: $17,500

Class of 2006: $20,000

Class of 2005: $22,500

Class of 2004: $25,000

Class of 2003: $27,500

Class of 2002: $30,000

Class of 2001 and senior $32,500

So much for elite law firms paying their associates at the top of the market. Instead, Cravath has succeeded in opening the door to the "thank you sir, may I have another" theory of associate retention and company morale.

It could be worse. These guys are are still getting a bigger bonus than law students who interviewed with Skadden this year. Yay seniority!

What is particularly annoying about the DPW memo is that they act like they are meeting the market with these bonuses, as if Skadden doesn't even exist.

We are pleased to announce that associates in good standing will receive a bonus payment as outlined below. ...

We thank all our associates for their diligent and skillful efforts as we support our clients in this challenging economic environment.

"Pleased to announce." Not "horribly embarrassed that we are slavishly short-changing our associates because Daddy-Cravath said it was okay."

Read the full memo after the jump.

Thacher Proffitt & Wood has been struggling for some time. A memo sent by managing partner Paul Tvetenstrand to TPW staff the Wednesday before Thanksgiving provides the latest evidence of the firm's faltering state:

From: Paul D. Tvetenstrand

To: Non-legal staff

As you are aware. The past year has posed many challenges for the firm given the downturn in the economic climate which has affected our clients and ultimately the firm. Unfortunately given this continuing downturn the firm will not be able to pay any bonuses or year end service awards this year. We truly appreciate the contributions each of you has made in these trying times and we wish we were able to recognize each of you as you deserve.

Paul

I'm not at all sure why TPW tried to bury this information within the Thanksgiving news cycle. Did they think TPW staffers were not going to notice? Maybe they were thinking of maintaining their industry reputation, but most people who have been paying attention already know that TPW is in serious trouble.

More TPW back story after the jump.

"Not God Bless America, God-damn America."

We are now able to report that Simpson Thacher & Bartlett has matched bonuses with Half-Skadden:

On behalf of the partners of the Firm, I would like to announce that year-end bonuses for associates in good standing will be as follows:

Class of 2008: $17,500 (pro-rated)

Class of 2007: $17,500

Class of 2006: $20,000

Class of 2005: $22,500

Class of 2004: $25,000

Class of 2003: $27,500

Class of 2002: $30,000

Class of 2001: $32,500

Class of 2000: $32,500

Cravath has doomed us all.

After the jump, more analysis and the full STB memo.

In the two weeks since our ATL / Lateral Link survey on bonuses, we've talked about when bonuses were and will (or won't) be paid, how your billable hours look this year, and what you expect bonuses to be for 2008.

Or, at least, what you expected them to be before the Skadden and half-Skadden bonus announcements late last week.

But we haven't yet reported on your answer to the following question: "If getting a lower bonus this year meant that your firm could completely avoid layoffs, what's the minimum bonus that you would consider fair?"

Some initial comments were a bit dismissive of the question, and were more than happy to dismiss a few associates, too:

Don't care about layoffs, and so wouldn't sacrifice a nickel in bonus to avoid them. Layoffs, if any at my firm, won't reach my class (2004). If they do, they won't reach my practice area (litigation). If they do, they won't reach me.

lay off the lazy a-holes. I billed 3000 this year.

Would prefer higher bonus with layoffs

But as a severe rash of layoffs followed, hearts began to soften, much like the market for structured finance associates:

  * Almost one fourth of practicing respondents would accept a bonus of zero this year to avoid layoffs.

  * More than half would accept a bonus of $20K or less.

  * Only about 5% still insist on bonuses of at least $75K.

Results: What were your hours and bonus in 2007, and what do you expect for 2008?

See breakdowns of morale by seniority, market and practice, as well as a Cravath vs. Skadden comparison, after the jump.

We expected this. Skadden has announced that they will discontinue the "special" bonuses from last year. Instead, they'll be giving out the 2006/2007 standard package. From the memo, sent out by executive partner Bob Sheehan:

[W]e will pay the year-end discretionary bonus at the same levels by class seniority which associates received in 2007 and 2006. However, we do not think it is appropriate to repeat the "special" supplemental bonus that was instituted last year. That bonus reflected a strong and growing economy that contributed to a record level of profitability.

The Firm has historically paid its associates at the "top of the market" in their respective local markets. While we do not know what other firms will do this year with regard to paying a supplemental bonus, we believe that our bonuses this year should be limited to the year-end discretionary bonus. What we will do in the future years, will, of course, depend on business conditions at the time and competitive compensation.

You will receive a memo early in December discussing your individual bonus. We appreciate the efforts you have all put in this year. You have contributed enormously to the success that we have achieved.

That should pretty much set the market.

The 2007 bonuses weren't bad. And Skadden isn't laying people off. It'll be pretty hard to complain if this is where the market ends up.

And, not for nothing, it shows good form by Skadden for telling people what to expect before the holiday season starts. That winter vacation to the Dominican Republic can now proceed full speed ahead.

Read the full memo after the jump.

We've received over a thousand responses to last Monday's ATL / Lateral Link survey on bonuses, and so far we've talked about when bonuses were and will (or won't) be paid and how your billable hours look this year.

Today, we get down to the hardest numbers of all: what do you think you'll actually get paid?

2007 was a very good year for bonuses, with over 90% of respondents (not counting stub years) reporting a bonus even though only 70% made 2000 hours.

Roughly half of you reported bonuses of at least $45,000. About 15% of you made $70,000 or more, and 7% of you claim to have broken six figures.

This year, well . . . not quite so much.

Details after the jump, so nervous T-10 1L can take a moment to prepare himself.