Although Kelley Drye & Warren recently settled the age discrimination complaint that the EEOC had filed against it on behalf of a 79-year-old former equity partner, the question remains: Can law firms adopt mandatory retirement policies? 

The conventional wisdom is that such policies are a bad idea—and may even constitute unlawful age discrimination. The policy argument is that people live longer these days, that those who are productive should be able to keep working, and that everyone should be compensated according to the value they add.

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