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WOMEN, MINORITIES AT DOJ PAID LESS, STUDY SHOWS An internal Department of Justice report released last week shows that white attorneys are twice as likely to hold senior DOJ management positions as minority attorneys, while men are 30 percent more likely to hold high-level supervisory posts than women. Yet the study concludes that the Justice Department’s 9,000-attorney work force is more representative of the nation’s ethnic, racial, and gender makeup than most private-sector employers. Indeed, attorneys working for the DOJ are more diverse than the nation’s overall population of lawyers. The DOJ is 15 percent minority � compared with 12 percent of all lawyers nationwide � and 38 percent female, compared with 30 percent in the legal work force nationwide. Still, minority attorneys working for the department lag behind in pay and power, holding just 7 percent of senior executive service positions and 11 percent of the supervisory posts in U.S. attorney’s offices. Among other findings contained in the 186-page report: • New hires in 2001 were 21 percent minority and 40 percent female. But the attrition rate was nearly 50 percent higher among minority attorneys than among white attorneys. • More than 30 percent of attorneys in the Civil Rights Division are minorities, compared with 9 percent in the Antitrust, Environmental and Natural Resources, and Tax divisions, and 11 percent in the Civil and Criminal divisions. • Controlling for seniority and pay grade, the average salary for white attorneys on the General Schedule, or GS, pay scale in 2001 was $78,700, while the average salary for minority attorneys was $74,800. Male lawyers earned an average of $79,600, compared with $76,100 for women. “[W]omen are at significantly lower job grades than men and . . . racial minorities are at significantly lower job grades than whites,” the report states. Justice Department spokesman Mark Corallo could not be reached for comment. Granette Trent, president of the DOJ Association of Black Attorneys, declined to comment. The study, commissioned in 2001 by then-Deputy Attorney General Larry Thompson and completed in June 2002, was released in response to Freedom of Information Act requests from Legal Times and others. The report’s findings and recommendations were heavily redacted. The diversity record of the Justice Department is average compared with other federal agencies. At the Department of the Treasury, the federal government’s second largest legal employer, roughly 12 percent of its 2,500 attorneys are minorities and about 40 percent are women. � Vanessa Blum JUNK (FOOD) SCIENCE A large majority of jurors think suits against fast-food companies are bogus, according to a study of juror attitudes released last week by the Defense Research Institute and DecisionQuest. The study found that 89 percent of 2,119 participants didn’t support fast-food suits, and 83 percent didn’t think fast-food companies were responsible for addicting customers. But 56 percent think fast-food advertising shouldn’t target children, and 36 percent say customers should have been warned about the risks of eating fast food. “Jurors might believe a lawsuit against fast-food companies for causing obesity is ridiculous, yet they could support a lawsuit that punishes the company for not warning customers about the food’s fat content,” says DecisionQuest CEO Philip Anthony. “Corporate America needs to understand where jurors come from, who they are, and what they expect,” says DRI President Sheryl Willert. George Washington University law professor and obesity lawsuit guru John Banzhaf III says jurors react differently when shown all the evidence in court. “Many new or novel theories originally sound crazy,” says Banzhaf, who sued McDonald’s for not disclosing that its french fries were cooked in animal fat. � Marie Beaudette HOWREY GOES HOLLYWOOD Howrey Simon Arnold & White has made it to Hollywood � again. The firm, whose offices were featured in “The Pelican Brief,” gets a mention in 20th Century Fox’s “Runaway Jury,” another film based on a John Grisham novel. The firm paid for the mention as a “negligible” part of its million-dollar advertising campaign, says Christine Till, Howrey’s public relations director. In the film’s opening sequence, an assistant to Dylan McDermott’s character refers to a conference call about the “antitrust approvals with Howrey at 11.” Howrey was presented the opportunity by J Street Consulting, a virtual advertising agency. COOP Ventures, an entertainment marketing firm, booked the Howrey mention for the movie. “We did it because it was fun and it was creative,” Till says. � Christine Hines SIXTEEN STARS Sixteen Washington lawyers were named in Black Enterprise magazine’s list of top black lawyers in the country. The business and investment magazine geared toward African-Americans ranked 90 of the nation’s top lawyers in its November issue. D.C.’s best, according to Black Enterprise, are John Payton of Wilmer, Cutler & Pickering; Vincent Cohen of Hogan & Hartson; Alicia Batts of Foley & Lardner; Willie Hudgins Jr. of Collier Shannon Scott; Milton Marquis of Dickstein Shapiro Morin & Oshinsky; Claudette Christian of Hogan & Hartson; William Moffitt of Asbill Moffitt & Boss; William Strickland of Strickland & Ashe Management; U.S. Attorney for the District of Columbia Roscoe Howard Jr.; Philip Hampton II of Gardner Carton & Douglas; Michele Roberts of Shea & Gardner; Michael Jones of Kirkland & Ellis; William Lightfoot of Koonz, McKenney, Johnson, DePaolis & Lightfoot; Joe Caldwell of Baker Botts; former Deputy Attorney General Eric Holder Jr. of Covington & Burling; and William Martin of Blank Rome. “There are a lot of really terrific lawyers in this town,” says Payton. “It’s great that they have been recognized, and it’s an honor to be among them.” The magazine chose top government lawyers, corporate or nonprofit general counsel, and law firm partners for the list. � Marie Beaudette LET THE SUNSHINE When Eurex sued Chicago’s two major futures exchanges last week it looked to Shearman & Sterling D.C. partner Steven Sunshine to do the heavy lifting. The Swiss-German exchange alleges that the Chicago Board of Trade and the Chicago Mercantile Exchange violated antitrust laws in efforts to prevent Eurex from launching an electronic futures market in the United States early next year. Sunshine says the timing of the suit won’t affect Eurex’s application to the Commodity Futures Trading Commission � even though the exchange’s bid for a piece of the U.S. futures market was taken off the route to fast-track approval by the commission last week. “Eurex believes the application is going on independently,” Sunshine says. Arnold & Porter lawyers represent Eurex on other matters. The Chicago Mercantile Exchange declined comment on what outside firm would represent it in the litigation. The Chicago Board of Trade couldn’t be reached. � Lily Henning KELLEY GETS THE CALL The White House announced last week that it will nominate Troutman Sanders partner Walter Kelley Jr. to the U.S. District Court for the Eastern District of Virginia. If confirmed, Kelley, 48, would replace retired Judge Henry Morgan Jr. in the court’s Norfolk division. His partners at the firm, not surprisingly, are thrilled. “We are extremely proud that our partner Walt Kelley will be nominated to the federal bench,” managing partner Robert Webb Jr. said in a statement. Active in local Republican politics, Norfolk-based Kelley is a civil litigator and former rector of Old Dominion University, having been appointed by former Gov. James Gilmore III. He is also an adjunct professor at the Christian-oriented Regent University School of Law. Kelley’s nomination is not expected to face much opposition. Meanwhile, three nominees to the U.S. Court of Appeals for the 4th Circuit � which controls the Eastern District of Virginia � continue to wait for their Senate hearings. They are Chief Judge Terrence Boyle of the U.S. District Court for the Eastern District of North Carolina; Deputy Secretary of Health and Human Services Claude Allen; and Pentagon General Counsel William “Jim” Haynes II. � Siobhan Roth STANFORD’S SEARCH The decision last week by Kathleen Sullivan to step down as Stanford Law School dean leaves the elite institution searching for a leader who can build on Sullivan’s intense fund-raising efforts and alumni outreach. Sullivan, who announced she would step down as dean in September 2004 to head a new constitutional law center at Stanford, has raised nearly $56 million in donations for the law school since taking the helm in 1999, the school says. Lawyers, academics, and law school deans say Stanford Law’s new chief will need a deft touch with alumni to keep contributions flowing. “You have to get the donors to realize that even though they have contributed to the school, it still needs continuing support,” says Pillsbury Winthrop chairman Mary Cranston, a Stanford alumna. Sullivan is a nationally recognized constitutional scholar, and her hire as a Stanford faculty member in 1993 from Harvard Law School was considered a coup. Stanford ranked No. 2 nationwide in the latest ranking of the nation’s top law schools by U.S. News & World Report. � Renee Deger, The Recorder KILPATRICK SUED A former associate at the Reston, Va., office of Kilpatrick Stockton has slapped the firm with a $56 million discrimination suit, claiming that partners fired her once they found out she was pregnant and then canceled her health insurance. Jennifer Banks, who worked in the firm’s real estate section, alleges she was fired in July 2002 after telling a partner she planned to take 12 weeks’ maternity leave in accordance with Kilpatrick policy. The reason given to her at the time of her firing was “insufficient billable hours,” the complaint states. At the time, firm leaders were in the process of paring down the Reston office and moving many lawyers in Virginia to the D.C. office, according to the complaint, which was transferred this month to U.S. District Court for the District of Columbia from D.C. Superior Court. Banks’ lawyer, Janet Vecchia of Reston, Va.’s Charlson Bredehoft, declines comment. Kilpatrick’s lawyer, Douglas Mishkin of D.C.’s Patton Boggs, issued a statement from Kilpatrick managing partner William Brewster: “We treated Ms. Banks fairly and in accordance with the law, and we intend to prove so in court.” � Tom Schoenberg

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