Showing posts with label Business Reorganizations. Show all posts
Showing posts with label Business Reorganizations. Show all posts

Tuesday, February 26, 2013

Negligent Infliction of Emotional Distress #20: Sticker Shocks and Certificates

In this column, I addressed sadness over a bad report card.  I also wrote about business law classes and law school grading mysteries.



NIED #20: Sticker Shocks and Certificates             
By Christopher J. Knorps
In keeping with the tradition of being an open book when it comes to grades, I must confess that my 3L Fall Semester was my worst academic performance in law school.  Over the first few days of the “sticker shock” I suffered after reading the results, I searched for a reasonable explanation:

(1)    The Professors did not adjust the curve upward for the two classes I took that had less than 39 students and that I got C+’s in.

(2)    I had the same “first exam” jitters for Accounting for Lawyers that I had for Criminal Law—only getting 3-4 hours of sleep before a 9 AM exam.

(3)    I didn’t appropriately allocate my time on the First Amendment exam.

(4)    I didn’t put in enough time to ensure that I knew the material cold (or that I could do the mathematical calculations that I’d be expected to know in Corporate Finance).

(5)    I never fully understood all the permutations that the different intestacy regimes for Trusts & Estates would implicate (though this was the least disappointing grade).

(6)    The clinic professor didn’t really pay attention when she gave students a “P” or an “HP.”

(7)    The other students in the class were just too damn smart (or the professors taught the class too damn well).

(8)    The other students getting Business Law Certificates are too damn smart.           

Also I had no friends that wanted to study with me.
Most likely, all 8 of these explanations, taken together, explain my precipitous drop.  However, I think the last two are the most important.  #7 was true for First Amendment (Araiza is an excellent professor, and while I would never brag about that grade, I am sure that everyone in the class left it with a very good understanding of the material).  #8 was true for Corporate Finance and Accounting for Lawyers (I would also add that, as a left-handed person forced to handwrite knuckle-smearing page-smudging-notes and struggle to keep up with the pace of the class, I was at a disadvantage).  Corporate Finance is a required course for the Business Law Certificate, and nobody in their right mind would take Accounting for Lawyers unless they are getting the Business Law Certificate (while not required it is “strongly recommended”) or taking a general Business Law Curriculum route. 
Certificates have their critics.  They say, “Nobody is going to care if you got a Certificate and you get to list it on your resume.”  However, I “trusted the school” in deciding to do this.  I felt that if I took these courses, then I would have the basic skills necessary to enter a number of different areas embedded within the general “business law” wheelhouse.  Perhaps it will have served me well to “punish myself” (in a sense) and learn this material, but it remains to be seen.
Some people may read this column and think I am dumping on all the other students that don’t take the Business Law Certificate.  They might think I’m implying that the Business Law kids are the really smart kids in the school.  But there are kids that are brilliant when it comes to Criminal Law, Intellectual Property (which, it is perhaps worth noting, seems much less popular than I thought it would be coming into law school), and Tax too.  But I must admit that I haven’t dug deeply enough into these areas (have not delved at all into IP, regrettably) to really know the kids taking the advanced courses.
Brooklyn is not a very highly-ranked school, but we suffer outside of the New York region because people do not recognize the intellectual quality of our students.  I have repeatedly said that I have never been surrounded by such an intelligent peer group in any other academic context in my life (and I think my previous schools were all more “prestigious”).  And I think that holds true for most of us.
I still have to believe that I would have done better if I had taken “fun” courses like I did last year (i.e. Interviewing and Counseling, Trial Advocacy, Employment Law, Business Reorganizations—all B+s through A’s).  And if all you care about is your GPA, then I highly recommend you just take courses that interest you, and don’t push yourselves to take big survey classes unless you are doing it for the Bar Exam.  Some people tend to say, “That sounds awful!” when I tell them I take Securities Regulation or Federal Income Taxation or Corporate Finance or Accounting for Lawyers.  And my GPA and class rank are now, officially “weak,” and there is nothing I can do about it.  But I remind myself that I have been learning something “new.” 
It would be interesting to see if there was a correlation between class rank and area of concentration or certificate field.  I would venture a guess that the Business Law kids would be highly-ranked, but then again I am sometimes accused of allowing my experience to cloud my judgment.  Regardless, a study should be made. 
Christopher J. Knorps is a 3L earning a Business Law Certificate.  He enjoys studying bankruptcy and constitutional law.  He is organizing a 2nd Annual Open Mic this Spring with the proceeds going to Sanctuary for Families.  Please e-mail him at Christopher.knorps@brooklaw.edu if you are interested in performing.  

Wednesday, May 9, 2012

Reflection on 2L Year

It is not easy to sum up a 9 month period in a single blog post.  However, this post will not be as long as last year's (http://flyinghouses.blogspot.com/2011/05/reflection-on-1l-year.html) because I will not be listing my favorite cases (or, if I do, I will not go off about them, while watching Wheel of Fortune and having a moment of divine coincidence while writing about White v. Samsung and hearing Pat Sajak say, "It's good you make mistakes.  It shows you're human.  Not that there was any doubt about that.").  Regardless, there is still a lot of angst to sort through, and I question the intelligence of writing about "romance" on my blog, but I feel that it has been the aspect of my 2L year that has made it both tolerable and endlessly intriguing.

But first, the classes.  As some of you may know, I started writing a column for BLS Advocate this year.  I wanted to write a column about Exams, and about how students should "Review" exams they have just taken, for the benefit of future students.  Well, THAT, I am going to do.  That may be very boring so I will keep that to the end.

If you have been following this blog for any amount of time, you should probably know that I was on the verge of dropping out last summer.  I was destroyed by the 1L process.  I was destroyed by grades.  I was destroyed by the lack of comfort, the constant sense of unease I felt in not fully understanding the material, going into the exam, and having an internal mental meltdown where everything I learned, all the hours I spent doing the reading assignments, then outlining, then reviewing, then taking practice exams, then sending questions to professors, then annoyingly accosting classmates about "the right answer" resulted in nothing more than a B, B-, or C+.

This year, in the Fall, I did not do worse than a B+.  People told me, "It gets better."  People told me, "It gets easier."  People told me, "They work you to death."  All three statements were true, at least for me.  However, as previously noted, I do not think that necessarily would have held true had I not begun taking medication.

Medication may be controversial, to a degree (psychotropics and amphetamines, at least), but I seriously believe that law students are on way more medication than most people realize.  But that's not what I want to talk about.

"Romance" and law school do not coalesce for several reasons:
1) Dates cost money, and law students generally don't have any income.
2) Dates cost time, and law students generally don't have much of it.
3) When "FWB" comes into play, someone's feelings tend to get hurt at the end of the day.

Annoying personality qualities are revealed.  "True colors" come out.  And the gossip, the gossip of it all at law school is insane.  One friend told me, incredibly, (and perhaps it was incredible that I agreed with her, but I still do) that undergraduate students at NYU are more mature than law students at BLS.  While at first this appears to be an incredible statement, the size of BLS (vs. the size of NYU) makes it a veritable "devil's playground" for gossip.  Most people know a majority of the 1400 students or so here -- at least those that are "lounge lizards" or "library sleepers" or "smokers" -- whether by reputation, appearance, hearsay, or legend.  Most people at NYU do not know a majority of the 18,000 students or so there.  Smaller groups of friends are formed, gossip is not so vituperative, and "incest" (GENERALLY) occurs less often.

Regardless, many people try to make law school and "romance" work together symbiotically, and indeed I have written about "spouse-searching" at law school previously (here http://blsadvocate.org/2012/04/negligent-infliction-of-emotional-distress-not-in-love-legally/).  While I do not deny that I will continue to seek out a "worthy" or "willing" partner, I wish I didn't have to.  I wish I could stay single forever--but it gets boring--and worse, some people see it as "failure" or a reflection of a generally poor character, which I think is just so sad.  It's one of those judgments that makes life intolerable.

But being in a relationship also gets boring.  At least in my experience.

Moving on.

Here are the classes I took:
FALL
Debtors and Creditors' Rights (Hon. Glenn) - B+
Administrative Law (Prof. Araiza) - B+
Evidence (Prof. Pitler) - A-
Health Law Practicum Clinic (Prof. Porter/Medicare Rights Center) - HP
Interviewing & Counseling (Prof. Schultze) - A-
SPRING
Business Reorganizations (Prof. Gerber) - ?
Corporations (Prof. Baer) - ?
Consumer Counseling and Bankruptcy Clinic (Prof. Eyster) - ?
Employment Law (Prof. Minda) - ?
Trial Advocacy (Prof. Hynes) - ?

I did better in the Fall than I ever did in my 1L year.  My GPA was a 3.5.  It ruled.
However, I am nervous that the Spring will not offer as great rewards.  The exams were difficult, and somehow, I just felt less focused in a way, more rushed.

A brief review:
Debtor and Creditor was a great class, even though many felt that Glenn's lack of teaching experience may have hampered our ability to understand the bankruptcy system.  Whatever the case, I did not do very well on the exam.  I know this because I reviewed it with him.  I screwed almost everything up--though there were a few questions where I did get "parts" of it right.  Regardless, that exam was the hardest exam I have ever taken.  It was clear, when I made it to the final question (worth a relatively significant number of points) and I only had 10 minutes left to read the fact pattern and write an answer, that my timing had been seriously miscalculated.  Fortunately, that was the case for almost everyone, and I somehow managed a B+.  Getting to meet Judge Glenn and being there the day after MF Global filed for Chapter 11 and hearing his excitement that he would be assigned "the 8th largest bankruptcy case in American history" was cool.  He also invited us into a hearing on use of cash collateral, but unfortunately, I had other obligations.

Medicare Rights Center was that obligation, and I spent 168 hours working there.  It was a good experience, but I felt it was the one internship I have done since starting law school that was not a potential place to work after graduation.  They just didn't like me.  Or, maybe they did like me, to an extent, but we didn't work as well together as we might have.  I have no hard feelings though, and I have a deep amount of respect for that organization.  Moreover, it was the only time I had the opportunity to become "deeply involved" in a case, and the experience of winning was totally sweet.  (By the way, I am batting 1,000 when it comes to winning cases).

Administrative Law was a great class, though not always easy.  Prof. Araiza is the #2 professor at BLS in my opinion.  He is utterly fantastic.  I will take any class I can with him next year, whatever the subject matter, though I hope he teaches First Amendment (aka Con Law III, which, I think, Admin Law should be Con Law IV)...However, I did not do very well on the exam, again!  My answers were not very well organized (though I must admit, I was significantly more accurate about "the law" on my Admin exam than on my D&C exam) and Araiza chastised me when we reviewed it together.  He kept saying, "I don't want to be mean....but what were you thinking?"  It was so funny!  I could never be mad at him.  His standards are high, but it can be one of the most fulfilling experiences when you have a Professor with very high expectations and you meet them, and he is satisfied with your performance.  I was pleased to get a B+.

Evidence is one of those "core classes" that most 2L/3L students will take, though it is an elective.  It is a fun class, and Prof. Pitler made it fun, though many did not appreciate his style.  He has great style, in my opinion, and because I did the work all throughout the semester, because I did all of the "problems" that we were supposed to prepare for class (in lieu of casebook reading), because I always volunteered to answer, he told me at the end of the last class that he really appreciated how well prepared I was.  I did not do great on that exam, either!  I reviewed it with him, and he told me I scored a B+, but he bumped me up to an A- because of my in-class participation.  There was no sweeter bump, as that was a 4 credit class (though it is conceivable that I got the same kind of "bump" for Civil Procedure last year, though my participation was anything but comparable).

Interviewing & Counseling is a class taught by Prof. Schultze, who is a legend around this campus.  His Negotiation seminar is more well-known, but the Interviewing & Counseling course was good--only, it seemed to focus a lot on Family Law.  Later, I would take a clinic with Prof. Eyster, which focused almost exclusively on Interviewing & Counseling in Bankruptcy Law.  Now, that was a very difficult thing to do, let me tell you, but it's one of the best skills you can get.  You can interview someone all day about their legal problem involving a breach of contract or a tort, or who was the better parent, or you can take a criminal defense case and dance around your client and hope they don't admit their guilt--but with bankruptcy, you have a client that has to explain how their financial life went to hell.  Sometimes they don't want to talk about -- this is private stuff!  Having been there myself, I think it's the area I'm most suited for.

Business Reorganizations was probably the single best class I took at BLS and Prof. Gerber is the #1 professor (Araiza is only #2 because he intimidates me - I like him, but I'm afraid that whatever I say to him ends up sounding like the words of an idiot, because he is an intellectual powerhouse).  It was fun, he was nice, and what was really great about him was his review session: we reviewed the exam from last year, and he stayed 75 minutes later than he expected the review session to last - and he answered every single question.  I told him, "Thank you for staying so late," and he said, "I don't have a life anyways."  He is hilarious and great and it is rumored that he will be taking a sabbatical next year--so I urge all current 1Ls (becoming 2Ls at this very moment, as the Property exam is ending) to take a class with him in two years.  I will be happy with a B+ in this class, but I am praying I may score as high as an A-.

Corporations is another "core class" like Evidence, and also 4 credits.  Corporations was very hard, but not as hard as Debtor/Creditor.  However, it was 4 credits, and I did not like the way we got all of our most important cases as the very end of the year.  Omnicare, Time, QVC, Revlon, ITT--these cases are huge, both page-number wise and in how important they are in the course.  Prof. Baer has a very good reputation and I generally agree that she taught the class well, but I felt that there was a bit of a disconnect there.  In particular--we were expected to do an incredible amount of "review reading" and "supplemental reading" which was simply impossible (even with a relatively long reading period for me personally).  She warned me not to miss the forest for the trees, so to speak, and that this was a basic, "survey" course.  And yet!  And yet on the exam we are expected to be able to make fine distinctions based upon long, complex fact patterns with little or no explanation of the practical meaning of certain phrases.  This wouldn't be so difficult if the exam was open note, but it was not!  The exam, which I took yesterday, was the third hardest one I have taken (Contracts with Prof. Taylor takes the #2 position),.  I rushed like hell.  I screwed up stuff about Shareholder Rights Plans (which, even though I named my study group "the Poisoned Pills," I could still not really get what the practical effect of "redeeming the pill" meant).  There are really interesting stories behind some of these cases, and some of the opinions were great (my personal favorite #1 case of the year was In re Citigroup Shareholders Derivative Litigation (2009) which basically alleges that Citigroup "should have known better" than to invest in asset-backed mortgage securities--it is basically the greatest opinion of the past 5 years because it encapsulates everything that was rotten about the Great Recession--and yet, Citigroup cannot possibly be held responsible for the shit-storm we've all had to wade through (and indeed, is directly responsible for many of us being in law school now), though Schlensky v. Wrigley is fantastic if you are a Cubs fan).
While I enjoyed the class (indeed, if I were ever to become a Professor, I would want to teach it), I am very scared about what grade I might get.  I will be happy with a B+--and I hope the boost works in my favor in this class.  If I get a B, I will probably shoot myself, though it is certainly conceivable that, my exam answers earned no more than a B, or even a B-.  With a B, and a boost, a B+ will be O.K.  I really wanted to CALI this class, and I thought I could do it, until I looked at the fact pattern.  I was super confident going in, and then everything fell apart.  There is basically NO WAY I could get an A.  If I get an A-, I will be very, very happy.  (And keep in mind, while all this talk about grades might seem obnoxious, I only care so much because my scholarship is dependent on these things).

Employment Law with Prof. Minda was a long, strange trip.  I opted to write the paper, and I hope he likes it.  Personally, I think this paper is brilliant, but it is a big mess too.  It's 14,000 words.  120 footnotes.  I'd try to publish it, but I'd need to edit it significantly, and of course, in that process all the good stuff would get taken out.  Regardless, interesting class, I enjoyed it.  And while writing the paper was sometimes quite hard (my topic was on the staffing industry, which is shrouded in secrecy) it was extremely fulfilling.  I hope to get an A in this class.  It is doubtful that I will get an A+.  I will be happy with an A-, however, I will not be happy with a B+.

Trial Advocacy with Prof. Hynes was great, though I felt he was a "Taylorist" in the sense that he may have felt there was "one best way" to make an opening statement and conduct direct examinations and cross-examinations.  He seemed to give us more leeway on summations, but he did not give much feedback on ours.  He told me I had "great style" which was nice to hear from someone so eminent (he is the D.A. of) Kings County) and he agreed, tentatively, at the last minute to play himself in my upcoming film, Batman in Brooklyn.  I don't know what kind of grade I'll get, but I'd be very pleased with an A-.

The Consumer Counseling and Bankruptcy Seminar, finally, was great.  I loved the office I was placed into, and Prof. Eyster generally made the weekly seminars an interesting detour.  What was strange about this is that, it was 4 credits, and my health law practicum was 3 credits, and I had to work 168 hours at Medicare Rights Center, but only 140 at my bankruptcy firm.  There was a bit more classwork for this, but we had to keep journals just the same of every day.  I think the clinical program should be revised to make it more equal, since I'll be getting a grade for this class (hopefully A-, if not A) and only got a High Pass for the health law clinic.

This has been a very long post about nothing in particular, but it is for BLS students that may want to know a little bit more about the classes they can take and the professors that taught them.  I hope to write a final column soon about the Journal writing competition and Bluebooking.  I am now going to resume my bender. Thank you.

Wednesday, March 21, 2012

Negligent Infliction of Emotional Distress - Super Priority Administrative Expense


Around this time of the semester, it’s important that you keep your priorities straight.  As a 2L, I can only speak to my present experience and my experience last year.  3Ls, I will attempt to anticipate your priorities. 
                In order to measure this model appropriately, I am going to use the inverted pyramid that Dean Gerber has supplied us with in his Business Reorganizations class. (Please see www.blsadvocate.org to see all images).  The inverted pyramid is the priority scheme for Chapter 11 claims.  There are 9 levels.  If you are at the bottom (equity/shareholders) you stand the greatest risk of receiving zero, so any task at the bottom may in fact, not be given any time at all.
                We will start with 1Ls as I know them best.  Now, as a BLSPI mentor, I was recently instructed to e-mail my mentee and tell them to “stay strong” during this week, as it’s a particularly brutal one.  Moot Court Trial Division tryouts were this week – and if you participated, it was likely that you could not do any other homework until your tryout was finished.  The anxiety of it all was crushing.  And then, when you entered that room, the judges told you to, “Have fun.” 
                Moot Court is probably a senior secured claim/lien for anyone dying to get the chance to act like a lawyer before they officially become one.  Almost everyone I know on Moot Court (trial, at least) has told me that it has been the most rewarding experience in law school for them, period. 
                For individuals such as myself, who were 2Ls trying to do the impossible –that is, make Moot Court and a Journal through an open note —who had the draft of the paper intended for the open note due Friday - it presented a quandary.  Clearly, for me, moot court/open note occupy high rungs on the inverted pyramid.  However, I doubt I will be advancing to the next round (I ended up the one getting crucified on cross, not the defendant—and update: I did not advance), and so one more claim will be allowed to fit. 
                For the sake of simplicity, I will offer my suggestions for prioritizations now.  You may fill in your own pyramid if you like, but I include my own personal one in the illustration, and the “generic one” for all 2Ls in the text below.
 
1Ls (Who Want to Work for Skadden, et. al.):
 1) Studying/Outlining/Exam Practice – GRADES (note: Moot Court may be occupying #1 if you are called into the 2nd round) – YOU MUST BE IN THE TOP 10% TO BE CONSIDERED FOR OCI;
2) Class Participation;
3) Getting a Summer Internship;
4) Making Friends and Influencing People (partying, dating, etc.);
 5) Journal Competition;
6) Getting to Know Professors;
7) Getting Involved in the City Bar;
8) Thinking about Transfer Opportunities;
9) Staying Sexy.
               
  (A short revision for those 1Ls that have no interest in the big paycheck – because, you know, about 1-3% of the classmates in our year will actually be getting those jobs – becoming as involved in Pro Bono Projects as possible is probably the best thing you can do if you are a public interest person, and that should be in your top 3 (probably #3, as it’s possible for the internship to follow naturally from the Pro Bono work).

2Ls:
1) Grades/Moot Court/Journal (if you didn’t make OCI, and you’re not working as a summer associate, grades should still be top priority – if you are on Moot Court or Journal, I believe these take top priority—If you are on both, Moot Court takes priority in terms of TIME over Journal, which varies by deadlines);
2) Getting Internships or Clinics for the Fall and Spring;
3) Getting a Summer Internship/Job;
4) Making Friends and Influencing People;
5) Defining Your Area of Focus;
6) Pet Projects (Writing Contests, Clubs, Shot-by-Shot Remakes)
7) Building Relationships with Professors;
8) Staying Sexy;
9) Making Yourself Stand Out

3Ls:
1) Securing a Job after Graduation;
2) Moot Court/Journal;
3) Getting Internships or Clinics in the Fall and Spring;
4) Making Friends and Influencing People;
5) Grades;
6) Staying Sexy;
7) Chilling Out (if you are so lucky to be able to!);
8) Publishing Articles;
9) Defining Your Reputation/Leaving Your Mark.
           
     Of course, dictating priorities is always controversial, but I do believe there is one generic, straightforward, guiding principle that controls: law school can be extremely boring at times, and you need to find the part about it that you love, and put yourself in that happy (or, more accurately, “fun”) place as often as possible.  For me, it is being 29 and getting to hang out with 23 year olds and getting to act immature.  Those lost years I spent working in the wilderness of the low-wage sector with few friends or similarly-situated co-workers have been recompensed by making new friends in the same situation, with a slightly wider age range.  No matter what priority scheme applies to the “reorganization” of your professional persona, appropriate management of priorities is a simple, yet useful method of reducing stress.
   
             Christopher J. Knorps is a 2L with very strange priorities.  One of them is to hold an Open Mic on Thursday, April 5th, in Geraldo’s, from 7-10 PM.  He hopes you will consider performing, or at least attending.  The event is free but there will be voluntary $5 donations taken for Sanctuary for Families, and free food and beverages.  There will also be performances of Vagina Monologues.  Please e-mail Christopher.Knorps@brooklaw.edu if interested in performing or reading or singing or dancing or playing.