I finally left Greenberg Traurig. I can’t say that I am going to miss it. I don’t have anything negative to say about the firm per se (although I wouldn’t take my work there because it is way too expensive), but the interoffice politics had become nasty over the last year and I was over it. It was apparent something needed to change when shareholders in my own group weren’t on talking terms and the associates were the ones caught in the middle like teenage children in a nasty divorce. Needless to say, it wasn’t pleasant.

Moreover, they really got my goat with the salary/bonus/hourly rate issue. Greenberg really hounded the associates about their profitability. Associates typically don’t have much say with respect to their profitability. Associates don’t set their salary, their rate, or have any voice in the allocation/decision making of overhead, nor do the associates have any control when the time they bill is cut.

So it came as no surprise this year when they jacked my rate from $335/hr to $370/hr, and especially in this climate where collections are difficult, and told us that we would be lucky if our salary didn’t decrease. I suppose the rate increase anticipates the fact that collecting 75% of bills on average is great, so why not just boost the bottom line of the bill so that 75% translates into more dollars. I digress. For the second year in a row we got a song and dance about how nobody was going to get bonuses and things were really tight and the folks in New York and Miami were not going to be able to afford a private jet and would be relegated to first class on commercial jets and blah blah blah (kidding about the jet stuff, but I would be lying if I didn’t think the sob story song and dance was motivated by such **altruistic** motivations).

I am usually a guy who is grateful to have a job, but I was a little miffed that they raised my rate 10 1/2%, and told me to be grateful even if they cut my salary. Bear in mind that as your rate increases, so does the pressure and stress to produce high quality work.  As an attorney, you have a good idea of the cap that can be charged for a given project and you try not to exceed the cap or your time gets cut and they give you an even harder time about your profitability. So typically, if your rate increases substantially, you expect your salary to jump a little to make up for the added hassle your life has just become. Instead, Greenberg threatened to cut salaries while raising associate rates, and blamed it on the associates themselves. Jaded as I was, this only seemed like a plot to put more money in the shareholders pockets at the expense of the associates. Not exactly a warm and fuzzy climate to work.

So when the two shareholders I work with decided they were gone, I saw it as an opportunity and sought a job at the same firm: Luce Forward Hamilton & Scripps. Instead of a large multinational firm of 1,800 attorneys, it is a regional firm (California offices only) of about 200 attorneys. I am optimistic the move is a good one. We are starting a Technology Law group and the firm is giving us the resources we need to be successful. The move has been stressful, but as I said, I am optimistic.

Here is my bio and picture . I got to pick the background… hey, when did male pattern set in? I could swear I used to have less forehead.

Here is the letter that came via email last night:

NOTE: This is a follow-up to our email titled "Important Information
About Your Digital Music Purchases" from 9/26/08.

Based on feedback from our customers, we have decided to maintain our
digital rights management (DRM) servers for the present time.  What this
means to you is that our existing service continues and there is no
action required on your part.  Our customer service team will continue
to assist with DRM issues for protected windows media audio (WMA) files
purchased from Walmart.com.

While our customer support team is available to assist you with any
issues, we continue to recommend that you back up your songs by burning
them to a recordable audio CD. By backing up your songs, you insure
access to them from any personal computer at any time in the future.

We appreciate your support and patience as we work to provide the best
service possible to you.  As we move forward with our 100% MP3 store,
we’ll continue to update you with key decisions regarding our service
and your account via email.

Thank you for using Walmart MP3 Music Downloads.

The Walmart Digital Music Team

The day after I posted my original entry on Walmart’s DRM decision , I was contacted by a lawyer who wanted me to sue Walmart. Obviously, he hadn’t closely read my post because I was merely arguing was that DRM isn’t a platform that can survive in the long term.

This attorney was out to make himself a quick buck at Walmart’s expense. I really detest this type of lawyering. Actually, he should probably be reported to the California Bar because contacting me directly because he wanted me to sue Walmart is likely unethical .

Here is the email chain:

—– Original Message —–
From: []
To: []
Sent: Monday, September 29, 2008 1:49:54 PM GMT -08:00 US/Canada Pacific
Subject: RE: Wal-Mart and DRM

Alan:

I am going to say no. My interest in DRM is a pure scholarly endeavor. As I mentioned in my blog, I literally have bought one track each from most of the big online stores as a matter of curiosity. Not much in the way of damages, if I were seeking them.

I don’t believe that Walmart is bad player in this instance and would not consent to suing them on my behalf. I have no doubt that if offered the opportunity, they would allow buyers of past tracks to download MP3’s. I don’t think the record companies and their affiliates would allow it, however.

My point is not anger with Walmart, but that DRM is not a sustainable business model.

Regards,

---

From: Alan
Sent: Monday, September 29, 2008 1:16 PM
To: [Mecki]
Subject: Re: Wal-Mart and DRM

[Mecki],

It would involve your taking action on a personal basis, not involving your firm.  I’ve been conducting an investigation into the Wal-Mart discontinuation of support for its DRM encumbered music.  I think Wal-Mart’s actions are subject to potential litigation.
That is what I hope to discuss with you.

Alan

—– Original Message —–
From: []
To: []
Sent: Monday, September 29, 2008 12:54:11 PM GMT -08:00 US/Canada Pacific
Subject: RE: Wal-Mart and DRM

Alan:

Prior to talking, I would need an overview of how you think I might help, as well as a clearance of conflicts. Could you email me one or two lines what it is you are needing?

[Mecki]

---

From: Alan
Sent: Monday, September 29, 2008 12:10 PM
To: Walker, Marlan D. (Assoc-OC-IP/Tech)
Subject: Wal-Mart and DRM

Dear Ms. []

I read your recent blog post: “This is Why DRM Doesn’t Work”

I have been working to try to put a stake through the heart of DRM in games and music for many years. One of my most recent endeavors is linked below:

[Redacted to protect the unethical]

There is a way you could be of tremendous assistance in this effort.

I am wondering if we could talk.  I am hoping you can call me.

I can be reached at:

626-[]

Alan

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