Judiciary
‘All Business’ GM Bankruptcy Judge Snaps at Joking Lawyer
Posted Jun 2, 2009 7:09 AM CST
By Debra Cassens Weiss
The “all business” bankruptcy judge overseeing the reorganization of General Motors had little patience for a lawyer who offered a joke during a hearing yesterday.
The testy moment came as Judge Robert Gerber of Manhattan was hearing a motion to approve certain GM lawyer expenses that included a restriction on flying first class, according to the Associated Press and Automotive News (reg. req.). An unidentified lawyer on the phone asked, ''What about private jets?'' The comment was an apparent reference to former CEO Rick Wagoner’s much-criticized flight on a corporate jet to Washington, D.C., where he asked Congress for a bailout.
Gerber was not amused. ''If anybody cracks any jokes, I'm going to disconnect the phones,'' Gerber snapped. ''This is serious to a lot of peoples' lives and I'd think that people here would understand that.''
Gerber is a 1967 graduate of Rutgers and a 1970 graduate of Columbia Law School, where he graduated cum laude. A New York Times profile says Gerber “spent 30 years at the New York firm of Fried, Frank, Harris, Shriver & Jacobson, and sometimes still runs his courtroom as if he was billing by the hour, on occasion producing a lengthy opinion the morning after a marathon, late-night hearing.”
The profile says Gerber held midnight hearings in the high-profile bankruptcy of the cable company Adelphia and wrote several opinions in the case, “some of them lengthy and at least one scathing.” Columbia University law professor Edward Morrison noted the opinion and told the Times it had accused a group of creditors of a “scorched-earth litigation strategy” for raising objections that could have hindered the sale of the company.
“Perhaps this was an unusual case in which the hedge funds were more aggressive,” Morrison offered. “It’s hard to know.”
David Friedman, a partner at Kasowitz, Benson, Torres & Friedman, which represented the creditors’ committee in the Adelphia case, told the Times that Gerber is “all business.”
“He wants to focus on the issues, and he wants to get the issues briefed, argued and then get to work,” Friedman said. “He will work as hard as he has to to rule in a timely fashion.”
Andrew Gottesman, a vice president at SecondMarket and a former bankruptcy clerk in the Southern District of New York, told AP that Gerber has a reputation as “very meticulous, very considered in all of his opinions.''
Related coverage:
Bloomberg: "GM Bankruptcy Judge Robert Gerber Brings Exacting Style to Case"

Comments
JN
Jun 2, 2009 8:55 AM CST
A humorless federal judge? Oh my.
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fed up
Jun 2, 2009 10:38 AM CST
Thank you Judge Gerber, it is about time someone took an “all business” approach to GM.
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charles
Jun 2, 2009 11:00 AM CST
When you are talking to a judge under any circumstaces MIND YOUR MANNERS. judges are not “good ole boys”
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tim
Jun 2, 2009 11:38 AM CST
What’s disgusting is that only the legal profession will make money off government motors bankruptcy. Everyone else gets screwed.
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Legal Lady
Jun 2, 2009 12:40 PM CST
Good for this judge. Lawyers too often forget that their presentations, arguments, etc. affect real people.
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George Patsourakos
Jun 2, 2009 2:25 PM CST
Lawyers need to realize that a courtroom hearing is not the right place and time to offer a joke. The judge was correct in scolding the lawyer who made the joke.
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associate
Jun 2, 2009 2:37 PM CST
Really? I think the winner here is DEFINITELY the UAW. The millions the lawyers stand to make throughout the process pales to the billions the billions that the UAW is getting.
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AndytheLawyer
Jun 2, 2009 6:03 PM CST
Remember the classic line from the film “. . .And Justice for All”—“Bailiff, take this man out behind the courthouse and shoot him”? Judges can’t do that with lawyers who appear by phone. That’s why they get crabby.
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fed up
Jun 3, 2009 5:48 AM CST
#7, perhaps, but workers are the ones who actually build the cars. Management only drives the company in the ditch.
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associate
Jun 3, 2009 9:18 AM CST
#9, Why reward the UAW? They got exactly what they bargained for; a bankrupt company. The ones REALLY getting railroaded here are the bondholders (i.e., secured creditors). If the judge had any cajones, he would scrap the prepackaged agreement and give everyone the share that they’re actually entitled to.
Before you say something about screw the rich, I have friends that used to work for GM as engineers and such, and it was a badge of honor to hold GM bonds. These people are by no means rich, but are by every account screwed.
Handling cases based on empathy and who we want to screw instead of what the LAW is will have disasterous results for our economy in the near future. Many businesses (and investors’ money) almost entirely because they believe in the fairness (i.e., predictability) of our system. Where does that leave us when we abandon that predictiability?
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sue
Jun 3, 2009 11:32 AM CST
Maybe the partners at the law firm will take some of their 230 MILLION they will get in fees and get it to the people who got screwed.
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Catherine Graves
Jun 3, 2009 11:56 AM CST
I am a GM bondholder whose remaining quality of life will be largely determined by Judge Gerber’s opinion. I am searching for hope that he is deserving of the power he holds in his hands., and appreciate hearing that he is very, very serious.
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associate
Jun 3, 2009 12:38 PM CST
#11, sue, not an attorney, huh?
I still don’t understand why everyone thinks that attorneys should do everything for free and figure out how to pay their debts some other way.
Your electrician would probably slap you if you said, “you greedy rich electricians should give some of your windfall to those who work for it.”
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BIG 3 CEO
Jun 5, 2009 5:47 AM CST
Why shouldn’t the attorneys fly first class?
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Hadley V. Baxendale
Jun 5, 2009 6:24 AM CST
so, Sue: “from each according to his ability, to each according to his need” sound fair to you?
I sure do relish the thought of working through the evening and weekend and then giving my paycheck to some stranger. What’s your tax bracket? Would you like the Euro socialist standard 55%?
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silencedogood
Jun 5, 2009 6:36 AM CST
#9 Sorry, but anyone can do manual labor. The fact that the UAW had inflated wages, benefits, etc. was one of the major reasons GM is in the situation they are in—they’ve been going bankrupt for 30 years. Management made stupid decisions too, partly because they felt that government would bail them out. But there is no justification for the UAW being rewarded at all—all they did was lose the jobs of their members. In fact, the bankruptcy is the only fighting chance GM has to restructure without the burden of its union contracts into something that resembles a profitable enterprise.
Of course, the real question is why did the government put any money into GM? There was no avoiding its bankruptcy. Funny how that was a nightmare scenario a few months hence yet now that they are in fact bankrupt the sky has not fallen.
We are all out a lot of taxpayer money to achieve the same result all for the sake of Bush and Obama’s desire to look presidential.
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sue
Jun 5, 2009 7:07 AM CST
#13
Do electricians bill $1,000 an hour while all the other tradesman working on your house get screwed and get nothing?
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sue
Jun 5, 2009 7:09 AM CST
#15
you don’t have to for long. the same “greedy” union who lost their job will be lol when the “greedy” lawyers billing at $1,000 lose their jobs to attorneys in India billing $10 an hour.
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ollie chit
Jun 5, 2009 7:47 AM CST
State court judges, please take a note. This approach works much better than spending the usual first 5 minutes of oral argument bantering with one of the attorneys (usu. the plaintiff’s) about last weekend’s barbecue and ball game they attended together.
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B. McLeod
Jun 5, 2009 7:49 AM CST
Sue is really feeling her oats this morning. I like a feisty girl whose name is a verb.
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Tony
Jun 5, 2009 7:54 AM CST
” I have friends that used to work for GM as engineers and such, and it was a badge of honor to hold GM bonds.”
They should learn to diversify. People who have all their money in their company, well they just aren’t very intelligent. Engineers should know better.
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Mass Lawyer
Jun 5, 2009 8:03 AM CST
Mitt Romney was right…
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John Buso
Jun 5, 2009 8:27 AM CST
@#19 - You are right. The judge should never mention the barbecue and ball game attended with the opposing attorney. What we don’t know ...
Regarding Judge Gerber’s comment, the context is important. An extremely serious tone is not always essential in the courtroom. There is rarely an appropriate time for a judge to insult the lawyers and, even where ‘lives are at stake,’ there may be times where a gentle reminder of the seriousness of matters may be the better way to address the situation. A threat to “disconnect the phones” for all the lawyers seems a little harsh based on the comment as I understand it.
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JFK
Jun 5, 2009 8:32 AM CST
#4, it’s not just the legal profession that’ll make money off GM. There is also the UAW; Obama delivered the company to his union buds to repay a campaign debt. Besides the legal profession, all the higher ups in the union with access to union slush funds will make lots of money. They’ll also have extra for campaign contributions to Democrats. Consumers and taxpayers, of course, are screwed.
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Diamond Jim
Jun 5, 2009 9:55 AM CST
Spoke to a guy yesterday who was laid off from his UAW job at the Janesville WI GM plant when it was closed in Jan. He is receiving 80% of his pay. How many laid off employees have that kind of deal?
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blame should go around
Jun 5, 2009 10:48 AM CST
Seems to be a lot of anger at the UAW here. Why? GM is the one who set the wages in the first place, and who designed the cars (designers and engineers who were not UAW, by the way) that landed them in this mess. It’s like complaining about how much money professional athletes make, while forgetting that someone is more than happy to write them that check, since they’re making even more money than the athletes. I agree the UAW caused some problems, but they were not the biggest cause of GM’s demise.
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JFK
Jun 5, 2009 10:55 AM CST
#26, agree with you that the UAW was not alone in creating GM’s problems. The anger is from their teaming up with the Obama administration, Vladimir Putin style, and stealing the company for the union. Now GM will make cars that people don’t want, the government will give tax incentives for people to buy them, private companies will be at a competitive disadvantage, and everyone loses except for the beneficiaries of the new kleptocracy: those in “public service” and the unions.
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joe
Jun 5, 2009 11:17 AM CST
GM"s lawyers also went along with the crappy deals. Just goes to show you Big Law doesn’t care about the business side of the deals it works on. it just papers bad deals and takes the money and runs/.
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R
Jun 5, 2009 11:31 AM CST
Moral to the story: Never, ever, EVER crack a joke until AFTER the judge has done so.
Corollary: Never, ever, EVER say anything even slightly risque in an email.
Re the latter: I speak from experience. Recently a lawyer sent me a cite to a court case and warned that it contained some off-color language. I thought he was being humorous about it. After reading the opinion, I sent him an email back, gently wisecracking about some of the off-color stuff.
His silence - no e-mail response - was deafening.
Never again!
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Cars People Don't Want - Nothing New
Jun 5, 2009 11:32 AM CST
#27, “Now GM will make cars that people don’t want.”
It was already doing so, and had been to some degree since the 1980’s. That’s why it’s in the state it’s in now. And you can give all the incentives you want: if the product is inferior (or even perceived as being so), no one will buy it. I remember when the Big Three complained in the 80’s about the japanese car companies, and the federal government put price restrictions on them, so that the Big Three could compete on price. What the Big Three immediately did was raise their prices to just below the japanese cars prices, rather than leave their prices where they were and use their even greater cost advantage as a selling point. Big Three sales did increase, but the appetite for japanese cars did not abate, because of their quality and reliability. At this point, I have no sympathy for anything that happens to GM, although I do feel for the workers, both UAW and non-UAW. They weren’t the ones who put profit above innovation and forward thinking.
In the interest of fair disclosure, two years ago I purchased my first American car, after years of buying japanese cars. It was a Saturn Aura. I like it, and I bought it because it had styling that appealed to me, and appeared to be a good product for the price. I’ve been pleasantly surprised by the car.
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HVB
Jun 5, 2009 12:02 PM CST
laid off at 80%? Most people in the free market would gladly take a 20% cut to keep working.
I don’t charge $1,000/hr, not even 1/3 of that. (Those who do don’t keep all, BTW, maybe 1/3?) But my taxes are still going to pay a wrench-turner 80% of his salary, which with benefits was 180% greater than market already, so he can do nothing? I’d rather my money go to welfare cheats and drug addicts—at least they act poor.
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F.C. Gibbons
Jun 5, 2009 12:45 PM CST
Good for the Judge.
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Garp
Jun 5, 2009 1:18 PM CST
lol Bill, lol ...
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Adamius
Jun 5, 2009 1:52 PM CST
Humor is a shifty subtle business. You have to have a feel for your audience. And a tense situation doesn’t rule out its appropriateness, necessarily. It might have been better received by the judge if it were a parting shot at the end of the case after a successful resolution to the case, rather than at nine in the morning on the first conference call on the first day of the case. I absolutely disagree you can’t show any humor before a judge does, but you have to have discerning perception and be able to tell it will be well received. We don’t cease to be human when we become lawyers, but when we are acting as lawyers we will always be more effective if we don’t come off as annoying.
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prosecute1966
Jun 5, 2009 6:16 PM CST
I have practiced in front of the most ornery, no-nonsense, anal judges, and I have also appeared before judges who like a little levity now and again while burning through their dockets (civil and criminal). I have reached this conclusion, that is, clerks, stenographers, litigants sitting in the gallery, the attorneys, the clerk, the bailiff, and other court staff ALL appreciate, and benefit from, a small laugh occasionally—even in the most serious of proceedings. The courtroom can be a stressful, angry, heartbreaking place to work day in and day out—for everybody. Judges even need a laugh to deal with some of the mind-numbing, awful, stress that comes through courts.
I read recently that the alcoholism rate for attorneys is approximately 30%, which is about triple the national average for non-lawyers. Quite obviously our profession has a problem managing stress and anger—a humorless judge who puts his brethren on blast for a very inconsequential joke does nothing to improve the decorum of the courtroom. All he is doing is throwing his weight around and making everyone tense. I have seen humor come out in attempted murder trial—court, judge, prosecution, defense, witness, jury, and gallery, all lauging or snickering. It did nothing to diminish the gravity of the situation—it just broke the tension for a moment and let everyone be human.
I don’t believe in turning the court into a comedy club, but what that attorney said in the GM hearing was funny, and the judge overreacted.
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B. McLeod
Jun 5, 2009 6:42 PM CST
I think the auto executives who flew to DC in the private jets probably considered the matter much more carefully than the public believes. Chances are, if they had piled into cars made by their companies, and tried to drive to DC, they never would have made it. The media would have had a field day with the caravan collapsing as the ticky-tacky pieces of crap broke down one after another.
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BMF
Jun 6, 2009 10:08 PM CST
I agree with #10 in theory—the secured bondholders deserve something. Unfortunately the govt. has bought into the fact that it is the UAW that provides enought “structure,” for lack of a better word, to keep the company going until the economy improves. This notion is crap. In a perfect world, the prepackaged agreement would be scrapped. And the UAW would be replaced by a trust comprised of the secured bondholders. The union would be scrapped entirely. The workers would be better served by hiring a major firm to represent them that can go head-to-head with BigLaw in Michigan, rather than the union lawyers they currently use.
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cmd
Jun 8, 2009 12:08 PM CST
#37 & #10: Why should we protect secured bondholders above anyone else? All investments involve RISK, however minimal some might seem at the time of purchase. It’s a shame they’ll be losing out, but that’s the nature of investing. If they’d instead buried the cash in the yard, it’d still be there today.
As for all the comments about the UAW - last time I checked, they had absolutely nothing to do with GMAC’s wildly unscrupulous lending policies, which is also a large contributor to this mess. I agree that the worker’s union held too much sway in this instance, but I think it’s hilarious to see who comes out of the woodwork with pitchforks in hand when the average joe actually wins one for a change. It’s become acceptable—and to some people’s way of thinking, preferable—to give the corporate overlords a free pass when they exploit workers in new and increasingly cruel ways, but _how_dare_ those insolent serfs engage in the same type of unchecked pillaging when given the opportunity?
I can’t say that I like what’s going on at GM - I’d prefer the company were liquidated at firesale prices so I’d never have to see the debut of *sigh* another boring, overstuffed, road-hogging, sight-blocking behemoth of an SUV debut on the auto-show circuit. But I positively love it when I see investors and bankers getting a dose (albeit small) of their own medicine.
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