June 2022 Legal Industry News and Highlights: Law Firm Hiring, Industry Recognition, and New Diversity and Inclusion Efforts

Happy Summertime from the National Law Review! We hope you are staying safe, healthy, and cool. Read on below for the latest news in the legal industry, including law firm hirings and expansion, legal industry awards and recognition, and diversity, equity, and justice efforts in the field.

Law Firm Hiring and Expansion

Michael Best & Friedrich LLP has added Brett R. Valentyn as Senior Counsel to the firm’s Corporate and Transactional Practice Group. Mr. Valentyn, a well-practiced mergers, acquisitions, and corporate attorney, has a wide array of experience in areas such as private equity, corporate governance, and transactional and contractual matters. He has advised clients across industries in buy-side and sell-side transactions for both small-cap and large-cap companies.

“Brett’s successful history in advising clients on transactional matters has him well-positioned to flourish,” said Jason Rogers, Chair of the Corporate & Transactional Practice Group. “Brett’s impressive background in transactional law will only strengthen our already deep bench of talented and business-minded private equity and M&A attorneys. I’m confident Brett will make a wonderful addition to our Corporate & Transactional Practice Group.”

Corporate attorney Eric D. Statman has joined the Toxic Torts practice group at Goldberg Segalla. A 20-year veteran of complex commercial litigation, Mr. Statman is poised to continue his environmental, product liability, and mass tort practice out of the firm’s Manhattan office.

Previously, Mr. Statman has aided clients across a variety of industries, resolving major disputes with minimum impact to corporations through mediation or litigation, as well as negotiating a large number of group settlements. Notably, he has represented asbestos defendants as local and national counsel, helping to develop strategies to minimize exposure.

Michael J. Ligorano has rejoined Norris McLaughlin’s Real Estate, Finance, and Land Use Group and Immigration Practice Group after nine years as the Diocese of Metuchen’s General Counsel. Ligorano is an established New Jersey land use and immigration practitioner with experience evaluating undeveloped land, as well as acquiring, developing, and financing municipal projects around the state. In addition to city planning, Ligorano has served as a legal resource for multinational businesses who wish to enter the United States, assisting in the navigation of the US immigration process. He is the former supervising attorney for the Diocese of Metuchen Catholic Charities Immigration Program, and a member of the American Immigration Lawyers Association.

“Michael has a deep understanding of our firm and of the local landscape. He is not only one of the state’s foremost land use and commercial real estate attorneys, but as an experienced immigration counsel will help make ours arguably the best immigration practice in the region,” said David C. Roberts, Chair of Norris McLaughlin. “We are pleased to have Michael at the firm and look forward to his leadership and cross-practice collaboration.”

Five partners and eight associates have joined the Chicago office of the MG+M The Law Firm. The Asbestos Litigation Practice welcomes Partners Timothy KrippnerMichael CantieriChristopher TriskaWilliam Irwin, and Daniel Powell, as well as Associates Alex BlairElizabeth GrandeAerial HendersonDragana KovacevicCindy Medina-CervantesEmily Sample, and Andrea Walsh. The new members bring with them decades of combined high-stakes complex commercial and liability defense experience.

“MG+M enthusiastically welcomes this exceptional team of professionals to our firm,” commented MG+M Chairperson and Partner John B. Manning. “We have collaborated with this group of lawyers for years and look forward to their enhancement of our brand as a go-to firm for high-stakes litigation matters in Illinois, the Midwest and nationally.”

Legal Industry Awards and Recognition

The Environmental Practice Group at Greenberg Traurig, LLP has been recognized in the Legal 500 United States 2022 Guide. 31 attorneys across 12 offices in the US were included in the list, highlighting the firm’s expertise in areas such as environmental regulation, environmental litigation, energy regulation, mass torts, and Native American law.

Of particular note, shareholder David B. Weinstein was recognized in the U.S. Guide as a Leading Lawyer in the category of Dispute Resolution > Product Liability, Mass Tort, and Class Action – Defense: Toxic Tort. Likewise, shareholder Troy A. Eid was recognized as a Leading Lawyer for Industry Focus > Native American Law.

Canadian law firm Blake, Cassels & Graydon LLP was recognized six times at the 2022 Benchmark Canada Awards, including three separate “Firm of the Year” Awards. Specifically, the firm was named the Competition Litigation Firm of the Year for the first time, the White Collar Crime/Enforcement Firm of the Year for the third consecutive year, and the Arbitration Firm of the Year for the fifth consecutive year.

In addition, Blakes was granted the Impact Case of the Year award for work on Sherman Estate v. Donovan, led by partner Iris Fischer. Partners Michael Barrack and Melanie Baird also received the Hall of Fame Award and the IP Litigator of the Year award, respectively.

Thomson Reuters has named six Stubbs Alderton & Markiles attorneys as “Rising Stars” on the Southern California Super Lawyers list. The members of the firm that have been selected are listed here:

Attorneys selected for the Super Lawyers list demonstrate a high degree of personal and professional achievement, as well as a significant level of peer recognition. The list selects only 2.5 percent of under-40 lawyers in the Southern California area for the “Rising Stars” designation, making decisions based on peer nomination, independent research, and peer evaluation.

Two Womble Bond Dickinson (US) attorneys have been ranked in the 2022 edition of Chambers USA. Cristin Cowles, Ph.D., an experienced patent prosecution and patent lifecycle management attorney, has been ranked in Intellectual PropertyJed Nosal, a practiced state regulatory oversight, enforcement, and compliance attorney, has been ranked in Energy & Natural Resources.

Additionally, the firm’s Massachusetts-based Energy & Natural Resources practice has been recognized by Chambers USA as an industry leader. In total, 60 Womble Bond Dickinson attorneys and 22 state-level practice areas have been recognized in the 2022 edition of Chambers USA.

Diversity, Equity, and Justice Efforts

Chris Slaughter, CEO of Steptoe & Johnson PLLC, affirmed the firm’s commitment to diversity and inclusion by taking the Leaders at the Front Initiative Pledge with the Leadership Council on Legal Diversity. Nationally recognized for its strengths in energy law, business, labor and employment, and litigation, Steptoe & Johnson has a longstanding commitment to diversity, equity, and inclusion, with efforts such as the D Cubed Program, the Standing Diversity & Inclusion Committee, and ongoing diversity recruitment and retention efforts.

The Leaders at the Front Initiative is a movement intended to forefront the conversation about diversity and inclusion for major organizations and law firms. It requires an organization to act on their pledge by creating an action plan that turns their words into measurable actions, with the end goal of helping a new diverse generation of attorneys obtain positions of leadership and in return create a national legal industry that is diverse and inclusive.

Three Bradley Arant Boult Cummings LLP attorneys have been recognized by the Virginia Access to Justice Commission for their outstanding pro bono services. Lee-Ann C. Brown, an associate at the firm, has been named the 2020-2021 Pro Bono Service Champion, an honor reserved for top Virginia attorneys reporting the highest number of pro bono hours. Douglas L. Patin and Henry C. Su have likewise been named 2020-2021 Pro Bono Service Honor Roll members for contributing over 40 hours of pro bono service.

The Virginia Access to Justice Commission was established in 2013 by the state’s Supreme Court to promote equal access to justice, with a particular emphasis on the civil needs of Virginia residents. The bar’s participation in pro bono service has since become a priority for the Commission, connecting judges, lawyers, and legal aid and social services to assist in making the courts more accessible for all.

“These attorneys have made tremendous strides in providing pro bono service and working to promote access to justice in the Virginia community, and we are proud of their significant contributions,” said Bradley Pro Bono Counsel Tiffany M. Graves.

Hunton Andrews Kurth LLP has announced the establishment of the HuntonAK Pathfinders Scholarship Program, a 10-week, paid Summer Clerkship for outstanding first-generation 2L law students. Stemming from the winning submission at the firm’s annual “Hackathon,” a brain-storming competition for enhancing diversity and inclusion in the legal industry, the scholarship seeks to attract students to the private practice of law while providing valuable work and mentorship experiences at the firm.

Hunton Andrews Kurth is committed to making our profession more accessible to talented law students who have already demonstrated great determination by climbing the first rung of the educational mobility ladder,” said managing partner Wally Martinez. “This scholarship, strictly for first-generation students, is one of the first of its kind and we are honored to help lead the way with this effort.”

Copyright ©2022 National Law Forum, LLC

Six Tips for Selecting the Right CRM System

Before deciding on a new CRM, follow these steps to select the right CRM system that meets your requirements, enhances adoption, offers value to your users – and can provide a return on your investment.

Research estimates that up to 70% of CRM systems fail to meet expectations – and a failed CRM implementation can be extremely costly, not just in terms of the financial expense, but also because of the costs in lost time – and credibility. Even more impactful: you don’t often get a second chance at CRM success. This means that it’s critical to select the right CRM system the first time.

The good news is CRM success is more than possible. If you simply follow a few critical steps before and during the CRM selection process, you can ensure that the system you select will help you achieve your organization’s goals, enhance adoption and provide value to your users – and deliver a return on your technology investment.

Tip 1: Problems First, Then Products

When attempting to successfully select and implement CRM software, it’s essential to focus on people and processes first, products second. Too many people immediately rush out to find potential vendors, so they can set up demonstrations of the most popular CRM software.

While it’s easy to get caught up in the shiny bells and whistles of a good CRM demo, it’s important to resist the temptation to dive into features and functions too soon without first taking the time to gain a real understanding of your organizational and user needs.

Tip 2: Assess Your Needs

Organizations buy CRM software for a number of reasons – but each organization is unique. To provide real value and ROI, before making the purchase, you have to understand what you are trying to accomplish.

Start by putting together a list of the key reasons you think you need a CRM.

  • Are you trying to communicate more effectively with clients and prospects?
  • Manage and evaluate the ROI of events or sponsorships?
  • Track and enhance business development efforts?
  • Help the organization be more efficient?
  • Increase business and revenue?

After assessing your organization’s needs, you may discover that you have more goals than you first thought.

If this is the case, it will be important to prioritize the goals. Don’t try to boil the ocean. If you try to tackle too many things at once, especially during the initial rollout, you will be less likely to succeed. Instead, assign your goals to a timeline based on importance and value to users. For the initial implementation, set a few relevant goals, achieve those initial successes, communicate the successes – and repeat.

Making your users part of the process up front will also make them more likely to adopt the software later.

Once you understand your organization’s unique needs and requirements, it’s time to talk to your users. One of the biggest frustrations we hear from clients is a lack of CRM adoption. This isn’t surprising since, in many of these organizations, system users were not involved during the selection process. To get people to buy in and use software, it has to provide value not only to the organization, but to the users individually. The challenge is that different people define value differently, which means different groups or types of users will have their own unique needs and requirements. That’s why it’s so important to get them involved early. Making your users part of the process up front will also make them more likely to adopt the software later.

To gather user input, consider creating focus groups to provide feedback on product features and functions. You may even want to meet with some of the naysayers individually to start encouraging their participation and head off future roadblocks. Finally, be sure to involve key stakeholders in system demonstrations to help evaluate the software and solicit their feedback before proceeding with system selection. In fact, it’s beneficial to have users involved throughout the rollout to offer ideas on how to improve the CRM implementation for everyone.

Tip 3: Evaluate the Systems and Providers

After gathering all the relevant information, it’s important to fully document your requirements and make sure you are well-prepared before reaching out to providers. The best way to do this is with what I call a ‘demo roadmap.’ This is a comprehensive two- to three-page document that sets out all of the details for the demonstrations along with all the needs and requirements gathered during the needs assessment and the features and functionality that you want to see.

Your ‘roadmap’ will guide the CRM providers so that they show you the key system attributes that are critical to the success of your organization and users and also helps to prevent the demonstrations from becoming a ‘dog and pony show.’ Your roadmap should be shared with the CRM providers well in advance of the demonstrations to give them time to adequately prepare.

Some larger organizations may also find it beneficial to take an additional step and create a much more detailed, formal RFP document. This request for proposals would be sent to potential CRM providers to solicit answers to a number of questions before scheduling any demos. The formal responses allow you to evaluate and compare the vendors and their system features and pricing in advance of the demonstrations. Many organizations use the RFP to limit the demonstrations to only the potential providers who are able to meet the organization’s budget and other requirements.

Once you have identified a few CRM systems that meet your requirements, you can begin the vetting process to select the right CRM system for your organization.

Tip 4: Direct the Demonstrations

It’s essential that the CRM demonstrations allow you to make an informed decision and adequately and accurately compare systems, features and pricing. It’s also important at this phase to again involve your users. CRM systems have a reputation for being notoriously difficult to implement, and the last thing you want is to be responsible for unilaterally selecting a system that then doesn’t meet user expectations. This can also help to make them more invested in system success.

It’s also important to structure the participation and demonstrations so you maximize the benefits.

First, it can be helpful to thin the field of participating CRM providers to a manageable number.

Next, select a group of users to participate. It can be good to choose users from different groups such as professionals and administrative, so you get some different perspectives.

Participants selected must have the time and inclination to participate and must be willing to sit through all of the demonstrations so they can accurately compare all the systems.

Finally, you may want to prepare the users by sharing the requirements and/or roadmap with them and asking them to be prepared to ask any questions they may have.

You should also prepare the providers. First, let them know how much time they have. A typical CRM demonstration can take between one and two hours.

Also let them know who will be participating and what their needs and interests are. If you have professional or executive users who have limited time for demonstrations, it can be helpful to direct the providers to spend the first 30 minutes to an hour of the demo on the features that are most relevant to those users.

Then they can step out and the rest of the time can be spent showing you the more detailed back-end functionality. Finally, be sure to leave at least 15 minutes at the end of the demonstrations for questions.

Tip 5: Check References

CLIENTSFirst CRM References Checklist

Before making the final commitment to a CRM system, it’s important to make sure you go through a thorough vetting process. It’s important to make sure you get all the information you need before finalizing your purchase.

First, ask the CRM vendor for references you can speak with. But don’t stop there. Talk to other companies or organizations in your industry who have used the software. Be sure to ask open-ended questions that will help you learn not only about the software, but also about other important areas. A few good questions to ask include:

  • Would you recommend the software?
  • Has the system performed as expected?
  • What were the biggest challenges with the implementation?
  • Were there any unexpected costs or delays?
  • What do you wish you had done differently during the selection and implementation?
  • How was the service after the sale?

For a comprehensive list of good questions to ask before finalizing the sale, check out our CLIENTSFirst CRM Reference Checking Questions Document.

Tip 6: Final Selection Steps

Once you have selected the right CRM system for your organization, there are still a few additional important details that require attention. You will want to have a formal scoping call with the provider to be able to accurately gauge the actual cost. The final price can vary depending on a number of variables including:

  • The number and types of licenses
  • Additional modules or software needed
  • Professional services to implement
  • Ongoing annual subscription or maintenance costs
  • Any proposed integrations
  • The types of training and materials
  • Data conversion and/or quality

If the price is an issue with your system of choice, there are also options. First, there may be room for negotiation. Alternatively, you can do a phased rollout to spread the costs over time. Some organizations prefer to start the rollout with Marketing and power users and then roll out to a small pilot group. Then additional groups can be added in later phases over time.

Finally, remember that in any sale, you are not finished until the paperwork is done. After the price is agreed upon, you will need to review the contract or agreement. While these documents may look official and final, in fact they are often open to negotiation, so it can be beneficial to modify some of the contract terms.

For instance, if the software is new to the market, you may be able to get a discount or arrange a beta test at a reduced rate.

Additionally, instead of paying the entire invoice up front, you can often negotiate payment terms that are stepped over time based on the satisfactory completion of key deployment steps. This can enhance your chances of CRM success by aligning your CRM vendor’s success with yours.

One Last Tip: Don’t Do It Alone

Selecting the right CRM system can be a daunting process. Most firms have never been through the process before – and few want to repeat it.

© Copyright 2022 CLIENTSFirst Consulting

THE OLD 9999 SCAM?: Plaintiff Alleges Defendant Made 5000 Illegal Phone Calls to his Number–But is it a Set Up?

So ostensiby the case of Mongeon v. KPH Healthcare, 2022 WL 1978674 Case No. 2:21-cv-00195 (D. Vt. 06/06/2022) is simply a case about the definition of “consumer” under the Vermont Consumer Protection Act (“VCPA”), 9 V.S.A. § 2453.

The plaintiff alleges his receipt of 4000 calls from the Defendant after the Defendant promised to stop calling was an act of “fraud” and “deceit” under the VCPA. But since the Plaintiff has not alleged facts establishing he is a “consumer” within the meaning of the Act the Court dismissed the case, without prejudice.

Pretty blasé.

But let’s back up. Why would Defendant–seemingly a local pharmacy–blast the Plaintiff’s number so many times?

Well the Plaintiff’s full number is not set forth in the decision–but the last four digits are “9999.”

Many years ago before I became a TCPA class action defense lawyer I–like many out there–had a very low impression of the TCPA. I remember a guy in law school who made tuition bring junk fax cases. And I had a colleague who was locked in mortal battle with some clown who was bringing a series of small claims TCPA suits in Southern California arising out of calls to a “designer phone number”: 999-999-9999.

Hmmmmm.

Much like the old case of Stoops in which the Plaintiff had over 80 cell phones–or the recent case of Barton in which the Plaintiff had a cell phone purchased specifically to set up TCPA suits–a 9999 scammer will pick up a “designer number” like 999-999-9999 and wear it is for a legitimate purpose. “I run a real estate agency, etc.” Looking deeper there is rarely any utility behind the number–although other designer numbers like (800) 444-4444 are very helpful–and the numbers are often just used to net TCPA lawsuits.

The reason it works is rather obvious.

When I walk into my local Sports Clips for my monthly trim there is no way I’m going to give them my private cell phone number. So I give them 999-999-9999. (Of course, I also give them my email of no@no.com.) It works perfectly well for check in, and I never receive any texts or calls from them reminding me to come back to style my luscious used-to-be-black locks.

Apart from folks providing the number 999-999-9999 to a business, many companies will knowingly have their agents enter the number as a default when the customer does not otherwise provide their number. This was the case in the old “small claims bandit” run of suits I mentioned earlier–apparently a local hospital group was engaging in this practice, which lead to an endless number of TCPA suits being filed against them by an enterprising Plaintiff.

Well Mongeon appears to be the same issue. Per the ruling: , Defendant’s representatives advised Plaintiff “that his phone number was attached to multiple other customers who had prescriptions at the pharmacy” because Plaintiff’s phone number, XXX-XXX-9999, is “the ‘default’ number for all new or current customers in [Defendant’s] system without a phone number.” 

Pro tip: the 9999 play is arguably the oldest manufactured lawsuit trick in TCPAWorld. Don’t fall for it. Never use 999-999-9999 (or any other series of numbers) as a “default” setting for customer phone numbers. And if you do, you definitely want to suppress dialing to those numbers.

Stay safe out there TCPAWorld.

© 2022 Troutman Firm

Thailand’s Personal Data Protection Act Enters into Force

On June 1, 2022, Thailand’s Personal Data Protection Act (“PDPA”) entered into force after three years of delays. The PDPA, originally enacted in May 2019, provides for a one-year grace period, with the main operative provisions of the law originally set to come into force in 2020. Due to the COVID-19 pandemic, however, the Thai government issued royal decrees to extend the compliance deadline to June 1, 2022. 

The PDPA mirrors the EU General Data Protection Regulation (“GDPR”) in many respects. Specifically, it requires data controllers and processors to have a valid legal basis for processing personal data (i.e., data that can identify living natural persons directly or indirectly). If such personal data is sensitive personal data (such as health data, biometric data, race, religion, sexual preference and criminal record), data controllers and processors must ensure that data subjects give explicit consent for any collection, use or disclosure of such data. Exemptions are granted for public interest, contractual obligations, vital interest or compliance with the law.

The PDPA applies both to entities in Thailand and abroad that process personal data for the provision of products or services in Thailand. Like the GDPR, data subjects are guaranteed rights, including the right to be informed, access, rectify and update data; restrict and object to processing; and the right to data erasure and portability. Breaches may result in fines between THB500,000 (U.S.$14,432) and THB5 million, plus punitive compensation. Certain breaches involving sensitive personal data and unlawful disclosure also carry criminal penalties including imprisonment of up to one year.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.

NCLC Tells FCC “Callers can easily avoid making calls to telephone numbers that have been reassigned….” – But Is it That Simple?

The National Consumer Law Center is at it again.

In response to the Department of Health and Human Services’ recent letter to the FCC seeking clarity on whether the TCPA applies to texts it would like to make to alert Americans of certain medical benefits, the NCLC–an organization that nominally represents consumers, but really seems to represent the interests of the plaintiff’s bar–has filed a comment.

Unsurprisingly, the NCLC takes the position that HHS needs no relief. Government contractors are covered by the TCPA–it says–but the texts at issue in HHS’ letter are consented, so they’re fine. (Although it later clarifies that only “many” but not “all” of the enrollees whom HHS wishes to call have “probably” given their telephone numbers as part of written enrollment agreements–so perhaps not.)

Hmmmm. Feels like a trap. But we’ll ignore that for now.

The critical piece here though is what the NCLC–very powerful voice, for better or (often) worse–is telling the FCC about the effectiveness of the new Reassigned Number Database:

3. Callers can easily avoid making calls to telephone numbers that have been reassigned to someone other than the enrollee

A primary source of TCPA litigation risk has been calls inadvertently made to numbers that are no longer assigned to the person who provided consent. Courts have held the caller liable for making automated calls to a cell phone number that has been reassigned to someone other than the person who provided consent to be called.29

The Commission has implemented the Reassigned Number Database specifically to address that risk of liability, as well as to limit the number of unwanted robocalls:

The FCC’s Reassigned Numbers Database (RND) is designed to prevent a consumer from getting unwanted calls intended for someone who previously held their phone number. Callers can use the database to determine whether a telephone number may have been reassigned so they can avoid calling consumers who do not want to receive the calls. Callers that use the database can also reduce their potential Telephone Consumer Protection Act (TCPA) liability by avoiding inadvertent calls to consumers who have not given consent for the call.31

The database has been fully operational since November 1, 2021. It provides a means for callers to find out before making a call if the phone number has been reassigned. If the database wrongly indicates that the number has not been reassigned, so long as the caller has used the database correctly, no TCPA liability will apply for reaching the wrong party. 32 Thus, as long as HHS’s callers make use of this simple, readily available database, they can be confident that they will not be held liable for making calls to reassigned numbers.

While I steadfastly support both the creation and use of the RND, it also must be observed that there are myriad problems with the RND as it currently exists. Most importantly, the data sets in the RND are only comprehensive through October 1, 2021 and spotty back to February, 2021 (beyond which there are no records!)

So for folks like HHS–and servicers of mortgages, and retailers, and credit card companies–who want to reach customers who provided their contact information before 10/2021 or 2/2021 the RND is simply not helpful.

The NCLC’s over simplification of a critical issue is not surprising. They once told Congress that the TCPA is “Straightforward and Clear” after all.

Full comment here: NCLC Comments-c3

We’ll keep an eye on developments on HHS’ letter and all the FCC goings ons.

© 2022 Troutman Firm

EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

Employers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job applicants. We have previously blogged about the legal risks attendant to the use of such technologies, including here and here.

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued long-awaited guidance on the use of such AI tools (the “Guidance”), examining how employers can seek to prevent AI-related disability discrimination. More specifically, the Guidance identifies a number of ways in which employment-related use of AI can, even unintentionally, violate the Americans with Disabilities Act (“ADA”), including if:

  • (i) “[t]he employer does not provide a ‘reasonable accommodation’ that is necessary for a job applicant or employee to be rated fairly and accurately by” the AI;
  • (ii) “[t]he employer relies on an algorithmic decision-making tool that intentionally or unintentionally ‘screens out’ an individual with a disability, even though that individual is able to do the job with a reasonable accommodation”; or
  • (iii) “[t]he employer adopts an [AI] tool for use with its job applicants or employees that violates the ADA’s restrictions on disability-related inquiries and medical examinations.”

The Guidance further states that “[i]n many cases” employers are liable under the ADA for use of AI even if the tools are designed and administered by a separate vendor, noting that “employers may be held responsible for the actions of their agents . . . if the employer has given them authority to act on [its] behalf.”

The Guidance also identifies various best practices for employers, including:

  • Announcing generally that employees and applicants subject to an AI tool may request reasonable accommodations and providing instructions as to how to ask for accommodations.
  • Providing information about the AI tool, how it works, and what it is used for to the employees and applicants subjected to it. For example, an employer that uses keystroke-monitoring software may choose to disclose this software as part of new employees’ onboarding and explain that it is intended to measure employee productivity.
  • If the software was developed by a third party, asking the vendor whether: (i) the AI software was developed to accommodate people with disabilities, and if so, how; (ii) there are alternative formats available for disabled individuals; and (iii) the AI software asks questions likely to elicit medical or disability-related information.
  • If an employer is developing its own software, engaging experts to analyze the algorithm for potential biases at different steps of the development process, such as a psychologist if the tool is intended to test cognitive traits.
  • Only using AI tools that measure, directly, traits that are actually necessary for performing the job’s duties.
  • Additionally, it is always a best practice to train staff, especially supervisors and managers, how to recognize requests for reasonable accommodations and to respond promptly and effectively to those requests. If the AI tool is used by a third party on the employer’s behalf, that third party’s staff should also be trained to recognize requests for reasonable accommodation and forward them promptly to the employer.

Finally, also on May 12th, the U.S. Department of Justice (“DOJ”) released its own guidance on AI tools’ potential for inadvertent disability discrimination in the employment context. The DOJ guidance is largely in accord with the EEOC Guidance.

Employers utilizing AI tools should carefully audit them to ensure that this technology is not creating discriminatory outcomes.  Likewise, employers must remain closely apprised of any new developments from the EEOC and local, state, and federal legislatures and agencies as the trend toward regulation continues.

© 2022 Proskauer Rose LLP.

May 2022 Legal Industry News: Law Firm Additions, Industry Awards and Recognition, and Pro Bono Efforts

Happy May! As the weather gets warmer, we hope you are remaining safe, relaxed, and healthy. Please read on to find the latest news in law firm hiring and expansion, legal industry recognition, and pro bono and legal aid efforts.

Law Firm Hiring and Expansion

Sidley Austin LLP has expanded its Emerging Companies practice with the addition of Cynthia Bai and Nicholas Frey, both of whom are located in the firm’s Palo Alto office. Ms. Bai, who also joins Sidley’s Global Finance group, focuses her practice on debt financing transactions across a variety of sectors, including healthcare, life science, and technology. Mr. Frey, who also joins the firm’s Employee Benefits and Executive Compensation group, focuses his practice on capital markets transaction support, equity plan and award design, mergers and acquisitions, and more.

Martin Wellington, leader of Sidley’s Emerging Companies and Venture Capital practice and a member of the firm’s Executive Committee, said:

“With over a dozen new partners nationally in the emerging growth practice over the past several years, our strategic investment in this sector is only gaining momentum. Cynthia and Nic bring the Silicon Valley-native expertise that entrepreneurial technology and life sciences companies expect in credit and executive compensation matters, as they are intimately familiar with the bespoke practices and market norms that have grown up in this sector.”

Kennedys Law LLP has promoted 22 new attorneys to partner, a record-high number for the firm. With these additions, the firm’s total worldwide partner count stands at 293. The following attorneys have been selected for promotion:

“I am delighted to recognise and reward a record number of new partners this year and to see that success shared so widely across our global offices,” said senior partner Nick Thomas. “We are incredibly fortunate to have such a dedicated and diverse workforce, which not only enables us to be where our clients need us most but has allowed us to continue growing even during a challenging couple of years.”

Akin Gump Strauss Hauer & Feld LLP has added Uri Itkin as a partner in the Investment Funds Litigation practice group. Mr. Itkin, a nationally recognized litigator and trial attorney, represents investment funds in all types of securities and commercial matters, such as real estate transactions, distressed corporate debt, and structured finance.

“Uri’s arrival is another outstanding addition to our litigation practice,” said Akin Gump chairperson Kim Koopersmith. “Uri is at the intersection of funds, litigation and regulatory, all market leading practices at our firm. He is perfectly situated to add tremendous value to our clients.”

“I am looking forward to continuing to grow my practice and building relationships with Akin Gump’s investment fund clients and my new colleagues at the firm,” said Mr. Itkin. “I am particularly excited about the firm’s wide range of knowledge and experience and its collaborative approach. They give clients valuable access to Akin Gump’s established team of knowledgeable attorneys who are experienced in a wide cross-section of investment fund practices.”

Industry Awards and Recognition

Sordum Ndam and Richard W.F. Swor, attorneys at Bradley Arant Boult Cummings LLP, have been recognized as Top 30 Under 30 professionals by the Cystic Fibrosis Foundation’s Tennessee Chapter. The honor is awarded to individuals who have shown dedication to their local communities and reached noteworthy achievements in their careers.

Ms. Ndam, an associate in the firm’s Economic Development and Environmental Law practice groups, is a member of the 2022 spring cohort of the Arts Board Matching for nonprofit board service experience in Nashville. Mr. Swor, an associate in the firm’s Litigation and Intellectual Property practice groups, serves on the board of the Belmont Wesley Fellowship and on the LGBT Law Executive Council of the Tennessee Bar Association.

“We are proud of Sordum and Richard for their professional and philanthropic efforts and for their recognition by such an important organization,” said Bradley Nashville Office Managing Partner Lauren B. Jacques.

Keith Hebeisen, a partner at Clifford Law Offices PC, is set to receive the Illinois Trial Lawyers Association (ITLA) Leonard M. Ring Lifetime Achievement Award. Each year, an ITLA committee selects one lawyer who has dedicated “a substantial part” of their work to the organization; Hebeisen has been an ITLA member since his induction as a lawyer in 1983. He also served as ITLA President in 2005-06, and has been a member of the ITLA Executive Committee for decades.

Mr. Hebeisen, a longtime medical malpractice attorney in Chicago, has represented clients in a wide array of industries, including but not limited to transportation, product liability and toxic torts. He is a Fellow in the International Academy of Trial Lawyers, and he additionally serves on the Board of Governors of the American Association of Justice.

Wilson Elser Moskowitz Edelman & Dicker LLP has been nominated for the Cyber Law Firm of the Year 2022 award by Advisen, a leading provider of data, media and technology solutions for the commercial property.

Every year, the award is presented to law firms and legal professionals who are deemed most influential in the cyber risk and cybersecurity industry. The winner will be announced on June 16th, 2022 at Gotham Hall in New York City.

Pro Bono and Legal Aid Efforts

Gilbert LLP, a complex dispute resolution-focused law firm in Washington D.C., has announced a new pro bono project, focused on assisting victims of this winter’s deadly tornadoes in Kentucky. The firm has partnered with Disaster Relief at Work and the town of Mayfield, Kentucky to rebuild the local park, which was heavily damaged by the weather. Gilbert will also make a significant financial contribution to ensure that the park is restored to its former condition.

“Mayfield Mayor Kathy Stewart O’Nan realized that rebuilding the park would help revitalize their town and give residents a spirit of hope going forward,” said Craig LitherlandGilbert’s Managing Partner and Chief Operating Officer.  “Our attorneys decided that we wanted to be a part of Mayfield’s rebuilding efforts, and we are pleased to have been able to help in multiple ways.”

Partnering with Lawyers for Good Government (L4GG), law firm Katten Muchin Rosenman LLP is providing pro bono legal aid for Ukrainian citizens seeking Temporary Protected Status in the United States. Participating through L4GG’s TPS Pro Bono Project for Ukraine, the firm will offer free legal assistance from volunteer attorneys, who will assist in applying for TPS and answer any legal questions necessary.

Presently, Katten is also working with ongoing pro bono partner Airlink, providing monetary assistance through donation-matching efforts. Airlink developed a response plan to assist refugees of Ukraine through the delivery of aid and the transportation of emergency response teams into neighboring countries.

The Legal Aid Service of Broward County and the Coast to Coast Legal Aid of South Florida recently honored several legal professionals for their commitment to seeking justice for the most vulnerable members in their communities. The Annual Recognition Awards, held May 2-6, 2022, aim to promote a better understanding of the law and its role in society.

2022 Award Recipients are as follows:

Copyright ©2022 National Law Forum, LLC

Top Legal Industry News for Spring 2022: Law Firm Hiring, Industry Recognition, Women in Law

We’re back with another edition of our legal industry news roundup. Read more below for the latest updates in law firm hiring and expansion, legal industry awards, and recognition of leading women in the field today.

Law Firm Hiring and Expansion

Keller and Heckman added Counsel Daniel P. McGee to the firm’s Tobacco and E-Vapor practice. Mr. McGee’s experience includes counseling companies on a broad range of complex tobacco industry and U.S. Food and Drug Administration (FDA) regulatory matters and developing strategies to help companies bring new products to market.

“Daniel’s expertise and industry perspective will be invaluable to Keller and Heckman clients who are carefully navigating the challenges and pitfalls of a highly regulated and rapidly evolving legal landscape,” said Azim Chowdhury, a Partner in the firm’s Tobacco and E-Vapor and Food and Drug practices. “In addition to expanding our tobacco and e-vapor capabilities, we are especially looking forward to utilizing Daniel’s expertise in state law compliance, particularly for clients expanding into the hemp and CBD categories.”

Richard Mann, Chair of Keller and Heckman’s Management Committee, expressed excitement over Mr. McGee’s joining the firm, saying. “The addition of Daniel to our practice demonstrates Keller and Heckman’s commitment to helping our clients understand and comply with continuously evolving regulations in this growing field.”

Mr. McGee said he’s looking forward to collaborating with the Tobacco and E-Vapor team at Keller and Heckman.

“After spending the bulk of my legal career as in-house counsel to the tobacco industry, I made a strategic decision to focus on the industry as a whole and join a law firm that is a leader in tobacco regulatory compliance and public policy initiatives.”

Norris McLaughlin, P.A. welcomed Michael J. Willner as a Member in the firm’s New York office. Mr. Willner joined the firm’s Real Estate, Finance, and Land Use Practice Group.

Mr. Willner works with individuals and entities involved with managing real estate assets, as well as condominiums and co-ops. He specializes in condominium and cooperative law, commercial and residential real estate transactions and related litigation.

Holtzman Vogel Baran Torchinksy & Josefiak PLLC opened a new office in Phoenix, Arizona. The firm held its ribbon cutting ceremony on April 26 for the office at the Esplenade with the Arizona Chamber of Commerce.

The office is led by resident Partner Christine Fort and Dallin M. Holt, Of Counsel.

“After over 20 years representing high-profile clients in all aspects of political and regulatory law, we are grateful to now open our fourth office to help support our growing roster of clients in the West,” said Managing Partner Jill Holtzman Vogel, former Chief Counsel for the RNC and a sitting member of the Virginia General Assembly. “We could have chosen anywhere to expand our reach, but Arizona and the Phoenix metro area is dynamic and fast-growing – just like our team. This is absolutely the right place for Holtzman Vogel to put down roots, and we are thrilled to open the doors and get started.”

Goldberg Segalla added Ian G. Zolty to the firm’s Workers’ Compensation group in Princeton, N.J.

Mr. Zolty has experience counseling and defending employers, insurance carriers, and third-party administrators in workers’ compensation matters throughout New Jersey, including hospitals, insurance companies and school boards, among others.

Legal Industry Recognition

City & State New York named three shareholders at Greenberg Traurig, LLP to its 2022 Energy & Environment Power 100 listSteven C. RussoDoreen U. Saia, and Zackary D. Knaub. The recognition spotlights significant legal professionals in the New York area that are “reshaping the energy industry – and rescuing our environment.”

Mr. Russo is the co-chair of the firm’s Environmental Practice, focusing his practice on environmental law, the National Environmental Policy Act, the State Environmental Quality Review Act, and more. Ms. Saia is the chair of the Albany Office’s Energy & Natural Resources Practice, where she focuses her efforts on supporting national and international electricity corporations and aiding in related financial transactions. Mr. Knaub is a shareholder in both the Environmental and the Government Law & Policy groups, practicing specifically in energy and environmental legal and government affairs matters, including litigation, dispute resolution, government procurement, and regulatory matters.

Tammie Alexander, chair of the Business Department at Steptoe & Johnson PLLC, is a 2022 Bar Foundation Fellow, appointed by the West Virginia Bar Foundation Board of Directors.  Recognizing lawyers and judges in West Virginia with noteworthy dedication to the practice of law, the Bar Foundation has nominated only 450 out of 6,000 eligible individuals since 1999. Since the program’s inception, 22 Steptoe & Johnson attorneys have been selected as fellows.

Ms. Alexander, located in the firm’s Morgantown office, focuses her practice on an array of topics, including banking, real estate, commercial transactions, title insurance, and construction matters. She primarily assists with large scale projects that involve multiple property owners, governmental agencies, and financial investors.

The South Carolina School of Law provided the Platinum Compleat Lawyer Award, the school’s highest alumni honor, to Erna Womble, retired litigation partner at Womble Bond Dickinson (US) LLP. Established in 1992, the Compleat Lawyer Awards are meant to recognize alumni for notable professional, civil, and legal accomplishments. Recipients are members of the field who exemplify professional competence, ethics, and integrity.

Erna Womble, who graduated from the University of South Carolina School of Law in 1986, joined Womble Bond Dickinson in 1987. Today, she serves as the Co-President of Clearly Bespoke Strategies, Inc., a strategic advising company. Ms. Womble said of the award: “I am profoundly honored by the award from the law school which began my career as a lawyer-in-training. One of my excellent professors often admonished that when lawyers cease to learn, they cease to be good lawyers. More than three decades later, I’m still a lawyer-in-training. I am forever grateful to my beloved firm which afforded me the singular privilege of raising children whilst working with scions of industry and holders of the public trust in serving some of the firm’s best clients.”

Women in the Legal Industry

The Los Angeles Business Journal announced their “Women of Influence: Attorneys,” list which included Stubbs, Alderton & Markiles’ Heather Antoine. The list highlighted lawyers working for large businesses in legal areas such as data protection and intellectual property law.

Heather Antoine focuses her law firm practice on corporate property and data protection as Chair of the firm’s Trademark & Brand Protection practice, and Co-Chair of the Privacy & Data Security practice group. Some of her credits include features in the Los Angeles Times and CNBC.

Robinson & Cole LLP voted partner Britt-Marie K. Cole-Johnson to join the firm’s Managing Committee, allowing her to participate in the firm’s policy and practice strategic development. This comes after a series of noteworthy recognitions in the legal field: Cole-Johnson was recently presented with the Distinguished Leader Award by the Connecticut Law Tribune’s Connecticut Legal Awards, and she was additionally selected as an honoree for The 100 Women of Color Gala & Awards.

“[Ms. Cole-Johnson] is well-known for her talents as a legal advisor but also for her deep commitment to community organizations. She joined the firm thirteen years ago after law school and has been a true and constant champion for equitable and inclusive business practices within the firm, with her clients, and within the community. I look forward to her bringing that leadership and perspective to our Managing Committee,” said Robinson & Cole colleague Rhonda J. Tobin.

The accolades followed a recent appointment by Connecticut Governor Ned Lamont for the Connecticut Paid Leave Authority board.

Romer Debbas, LLP formed an all-female, diverse Agency Lending & Affordable Housing Department, focusing on representation in the property market. Partner Carmen I. Pagan, and Associates Catherine M. Azevedo and Pamela U. Norbert lead the new team with years of legal knowledge in real estate financing, commercial property law and lending service providers.

The new department expanded the firm’s practice areas in bankruptcy, corporate and business law, immigration, litigation, taxation and trusts and estate law.

For more business of law legal news, click here to visit the National Law Review.

Copyright ©2022 National Law Forum, LLC

Banking Regulators Publish Proposed Rule to Update Community Reinvestment Act Regulations

On May 5, 2022, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (collectively the agencies) issued a joint notice of proposed rulemaking (the Proposed CRA Rule) that proposes changes to the way the agencies evaluate a bank’s performance under the Community Reinvestment Act (CRA). The team at Bradley is conducting an in-depth review of the Proposed CRA Rule and expects to release a detailed blog post on the significant number of proposed changes to the CRA regulations in the coming days. Below are highlights of a few of the changes the agencies seek to make through the Proposed CRA Rule.

If implemented as written, the Proposed CRA Rule would:

  • Update the CRA evaluation framework, with performance standards tailored to a bank’s size and business model
  • Create four new performance tests to evaluate large bank CRA performance: the Retail Lending Test, Retail Services and Products Test, Community Development Financing Test, and Community Development Services Test
  • Establish specific performance tests for small and intermediate-sized banks
  • Update the requirements for the delineation of assessment areas
  • Create updated record-keeping, data collection, reporting, and disclosure requirements for large banks

These highlights are only a partial selection of the changes proposed by the agencies. Stay tuned for a more expansive description of the details of the Proposed CRA Rule.

The agencies are accepting comments on the Proposed CRA Rule through August 5, 2022. If your organization is considering submitting a public comment on the proposed changes to the CRA regulations, we suggest that you begin reviewing the Proposed CRA Rule soon.

© 2022 Bradley Arant Boult Cummings LLP
For more articles about banking regulations, visit the NLR Financial, Securities & Banking section.

Episode 2: The Importance of Data in Legal Business and Legal Marketing with Laura Leopard of Leopard Solutions [PODCAST]

Rachel and Jessica speak with Laura Leopard, the Founder and CEO of Leopard Solutions: a service that provides law firms with data to improve hiring and marketing for the business of law.

Be sure to take the Women Leaving Law Survey HERE and sign-up for the Women Leaving Law webinar on June 2, 2022 to hear the results of their survey.

We’ve included a transcript of our conversation below, transcribed by artificial intelligence. The transcript has been lightly edited for style, clarity, and readability.

INTRO  00:00

Well, hello, and welcome to Legal News Reach the official podcast for the National Law Review. Stay tuned for a discussion on the latest trends, illegal marketing, SEO, law firm best practices, and more.

Rachel  00:15

My name is Rachel,

Jessica  00:16

And my name is Jessica.

Rachel  00:18

And we’re the co-hosts for the podcast. Today we’re speaking with Laura Leopard Founder and CEO of Leopard Solutions. Laura, would you like to tell our listeners a little bit about yourself and your organization?

Laura Leopard  00:28

Of course, of course, we are a legal intelligence company that monitors law firms and attorneys. And we have been doing it for nearly 20 years. And we have grown from a simple attorney list to a detailed current and historical account of attorneys and their movements. And of course, we now offer competitive and business intelligence for law firms and the market in general. And I have been at the helm for nearly 20 years.

Rachel  01:02

We’re excited to get your insight into some of those more data-driven trends here in the industry. So the first thing that we want to focus on is the importance of data and legal marketing and legal business. One of the things that I hear pretty often is that law firms are data-rich and information poor. So can you explain a little bit about why that is and how law firms can solve for that problem?

Laura Leopard  01:26

Well, I think that was more generally true in the past. But today, many law firms are correcting that issue, because they’re hiring intelligence professionals to come in and help them mind and understand their own data. The other side of the coin is gathering external data on their competitors so that they can benchmark their own shortcomings and successes properly. And that’s where we come in. We measure law firms across the board, and we deliver those benchmarks that they need. Well, several years ago now, we had prepared a detailed report on a law firm and the top 200, about their ROI on lateral hiring and entry-level hiring. And we showed it to you know, prospective law firm. And we offered to write one for their firm, and then also a list of their competitors, you know, of their choice. And their response was, “this is very interesting, but I’m not sure what we could do with it.” And it just proved to me at that time that firms and leopard both needed to do a better job of explaining the value of the data, and how it could be used. So we developed firm scape, which is our competitive intelligence platform. And it’s filled with great data. And people were very excited to see it. But then again, only people who could readily understand what it offered, really benefited from it in really meaningful ways. So when we wrote our Business Intelligence platform, we wanted to just carefully lay out what everything meant, in clear, concise terms, so that meaningful measurement would be readily understood. You know, everyone gets very excited about data. You know, “big data, big data, data-data-data.” But not everybody understands the application of that data, what that data could mean. And that’s where we have hoped to sort of democratize data in a sense of laying it out in a way that anybody can understand it, not just data people.

Rachel  03:36

Yeah, I think just being empowered to look at it is also really great. Because I think some people can get a little intimidated by data like, “Oh, it’s just a lot of numbers,” like what the numbers mean. So one of the trends that we’ve seen, and that we’ve talked about recently is women leaving the legal industry and what that means for the profession. We published a Q&A that you did with Stefanie Marrone, about this topic. We’ve had her on the podcast before; I was curious if you could dive into this trend and talk about why this is happening and how law firms can respond to it?

Laura Leopard  04:07

So we did a survey, and it’s still in progress. We’ve had about 170 responses so far. And I have to tell you, it was incredibly depressing to read the comments and the answers that they had about why they left their top 200 law firm. And a lot of it was much of what you might suspect, you know, lack of opportunity, lack of mentorship, a feeling of not being included, you know, in the group and just really lack of opportunity stood out, you know, a great deal. So we decided, well, we can’t just we can’t just, you know, do a report. We’re gonna do a presentation in May about this at the Art conference. We really wanted to dig in deeper. So we’ve been doing interviews with women who have succeeded in the top 200 Who are partners at their firm, and they’re leading women’s initiatives, and they’re doing some really great things. And we’re learning a lot in the whole process, I didn’t want to just say, here’s a big problem, you should fix it. It’s like, Here are ideas about how you can fix it. And here are examples of where those ideas are actually succeeding in top 200 law firms. But I think the really important thing that we took away after reading a lot of this was these same problems exist for attorneys who are also underrepresented, and from who are ethnically diverse. And there are also, you know, white men at the firms that have issues because they have a family members who is ill, and they have to step away. And there’s lots of there’s, there’s lots of problems here. But there are ways to fix them. And that’s what we’re working on. Right now. We are doing some great interviews, we’re coming away with some really positive ideas. And we have some firms that are really doing some great work. And we want to share that with everyone. This is not a problem that cannot be fixed. This is a problem that can be fixed, if one wishes to fix it, and everyone is determined to see it through. And for us, it’s really important to talk about this topic, we are a woman-owned business. I’m a woman entrepreneur, we have all experienced, you know, sexism, we have all experienced some lack of opportunity in our lives. And this is really important for us to start this conversation again, or remind people this conversation needs to be ongoing and continuing. So after our presentation, we’re going to we’re going to do a webinar at leopard, we’re going to invite some great folks to speak at that webinar, we’re also going to do a full white paper. But this is one of one of something that’s really, really important to us. And I really hope it can open a lot of eyes and help move the needle to helping women succeed in those top 200 firms and in law in general.

Rachel  07:13

We talked on the show before about how COVID has sort of given people the opportunity to make change that their law firm their ongoing, I think, you know, we did speak in the past year about how COVID did push women out of the workplace. But like, I think moving forward past that and not using that as like an excuse to go back to the way things were and to make long-lasting change, I think is really important. So I was curious if you could share maybe some of the solutions that you know, law firms could implement to help remedy this problem, or if that’s something that will come later with with your white paper and after your presentation?

Laura Leopard  07:48

You know, having a strong mentorship program is really important. And you can have assigned mentors, but you also have those sort of like those volunteer mentors on the side. And not just not just women mentoring women, but men also being mentors to women. The same problem exists for those who are ethnically diverse, if you have a program in place, or everyone is assigned a mentor, then you’re you’re going to help them overcome that hurdle, flex time paternity and maternity leave and not just saying we offer maternity leave, but by saying we encourage you to take maternity leave, right? If as many men took maternity leave, as women take maternity leave, it sort of removes that stigma from a woman having to take that time off, there are some really concrete things that can be done that can make a huge difference. And, you know, the women did not just leave these firms due to COVID. They left because it became untenable to stay for many different reasons. And a lot of it had to do with flexibility on the job, right? Yes, they were. Some of them were home with children. But a lot of people that answered this survey didn’t have children at home. But this entire pandemic caused people to think differently about their lives and their situations. Women are not alone in feeling this way. Right. So there are lots of young people now that are coming, you know, coming into law firms that are saying, I don’t I don’t want to work 80 hours a week. I like being home. I like having time to myself, that’s important to me. And the pandemic showed a lot of people how important that other part of your life is, right? It’s it’s a big bargain to make when you say I’m gonna work this hard for this long and I’m gonna make partner but some of the people that responded to our survey says, here’s here’s a here’s a newsflash when you make partner, that doesn’t get any better. If anything, it gets worse. worse, there are more responsibilities on top of you, you have to continue to work those crazy hours. And you have to do business development and you have administrative duties. And and and so if you are questioning, you know if this is the lifestyle for you. And I actually did have someone say that. So if you really care about having a lifestyle with your family and friends that may be this, this choice isn’t for you, I’m gonna flip it back on its head and say, Do you really want well rounded, happy, well adjusted people working for you, somebody that’s working 80 hours a week is not going to fit that bill, right? Because that’s all they do. That’s their single focus. And they’re going to burn out, and they’re going to leave you just when you need them. So taking a more holistic view, and saying, you know, and this was this was a quote, I had a partner say, I was told when I, you know asked for flex time, my partner said, I would rather have you at 50% of your normal time than many of the people that work for me at 100%. Because you do the job that I need you to do. It’s it’s time that law firms start thinking about the future, things never stay exactly the same, right? The whole hierarchy of law firms that we know now was created, what 100 years ago, when men were the only people that were lawyers, and they had wives and housekeepers and stuff at all. Right? That’s not the world we live in anymore. And we’re also beginning to question, you know, all the young people coming up are questioning everything. They’re questioning authority, they’re questioning why they have to do this and why they have to do that. And when they say, this isn’t a life, that’s for me, I don’t want to be partner. What does it do to that old model? You know, you’re there, there’s going to have to be an inflection point where they start to think about what is going to happen at their firm five years from now 10 years from now, when this generational divide, you know, really takes place. And here’s another newsflash. According to our data for the last three years ago, I think entry level hiring coming out of law school was about 5050 men and women, then the women edged out the minute, then the women rose again, there are far more women in college and far more women in law school than there are men, and they are outnumbering men being hired on that entry level position. But if those women don’t stay, and if those women leave, because you are asking, you’re creating an untenable situation for them, what’s going to happen to your partner track, then what is going to happen to that wealth of knowledge that that person brought to your firm, and she’s gonna walk away with, there’s, there’s going to be a reckoning in the industry, because times have changed, and people have changed. And it’s going to be interesting to see how it plays out. But we can see by looking in the data that they’re, they’re going to be, there’s going to be some shockwaves. And as we start, at the Women’s seminar, we’re going to be, you know, measuring all kinds of exit data and comparing it, you know, one against the other. But it’s time that firms really start to have more of a forward view about what kind of law firm they’re going to be 10 years from now, because that’s really going to impact one thing they care about most. And that’s their bottom line.

Rachel  13:46

What has been the impact that you’ve seen, like this, this lack of information?

Laura Leopard  13:54

I think we all can say, you know, pretty clearly, if you are not using data to make decisions, you’re gonna pay a price for it. You know, data improves decision making, and it can help you predict, you know, competition stresses, and then by tracking industry trends, you can begin to predict future moves a little more successfully. Of course, you have to be, you have to have really, really good data, right? If you’re using bad or incomplete data to make decisions, you might as well not use it at all. So, data quality has been very central to our business. Our data is checked and rechecked and continually updated in order to offer the best possible dataset. But I think data itself should be demystified you know, to a certain extent, by making it clear why a particular dataset matters, right? firms should care about employee turnover because it costs their bottom line and I’m not just talking about a few dollars here and there. I’m talking about Millions of dollars. And firms should care about where their competitors are opening new offices because it shows possible opportunity that they didn’t see, firms should care about who their competitors hire, to see where their next focus will be. And perhaps they should look there as well. Are, is there a competitor building up a practice that competes directly with them in their city? Are they looking at your people to possibly, you know, recruit out of them? Lack of data and insight just leaves a firm operating blindly, just by their instincts and granted, instincts are great, but they can go horribly wrong. If you look in our growth decline report now, which kind of shows that winners and losers by you know, headcount, you will see firms in the bottom of that tear that you never would have guessed would be there just a few years ago, those other firms saw an opportunity that the others didn’t, and they seized it. So data can really make or break, you know, your company, relying on your gut and anecdotal data that people bring you. It’s just not effective. I, you know, law firms love to call around and ask a recruiter. So what’s hot right now? Or what’s what’s going on right now, this was one of my favorite stories. They they talked to a recruiter, the recruiter said, Oh, the Chicago market is so hot right now. It is so hot. It’s just on fire. And I look back and I looked at our data and and like, it’s, no, it’s not, there isn’t more movement, there isn’t more job openings, that one recruiter happened to be a lot busier in Chicago than anybody else. So all of that anecdotal data like that is meaningless when you can compare that against really hard, true facts. And that’s what they really need to start doing.

Jessica  17:00

Without giving away the “secret sauce” if you will, the metrics that these firms are using for hiring specifically is that, you know, the number of job openings, like you said. I mean, what are what would you say are maybe 1-2-3 of the big numbers they’re paying attention to with hiring specifically?

Laura Leopard  17:16

Well, you know, on our platform, one of one of everyone’s favorite, you know, reports is, is that growth decline report so they can see who is who is growing quickly, and adding a lot of people to their firm. You also can see firms who who are in churn, right, they lost 100 people, they hired 100, people, and firms will use that report to find firms that it might be easier to pry people away from, right. So if you have a firm, that’s negative 15, in headcount, and people are exiting that firm like crazy, well, you have an opportunity to go pick up those people there. You also can look at our lateral reports. And you can see where the hot markets are, you can slice and dice it by practice area by specialty, you know, by far by all different kinds of metrics. You even can look at, you know, gender movement, and those who are ethnically diverse, there’s lots of different ways to look at it, but it gives you a good market view. And of course, we do have, we have a job program where we are looking at over 1000 law firms every day in real time. And I’ll tell you, you know, when the pandemic happened, we normally had like six to 7000 jobs and our job program. During the pandemic, I think in like July of 2020, that number went down to about 3000. And most of them, I don’t think were really real openings. Anyway, there were openings, they just sort of left on their website. And now we have over 12,000, approaching 13,000 openings in a program. So that will just tell you the velocity, they also can. And our job program is great for CIA too, because you can go in and see how what your competitors are looking for how they’re framing that position, like right now, we know everyone’s looking for corporate m&a people, right? How are they framing that job? How can you make yours look more attractive? What can you do to you know, sort of get an edge in that market. And there’s lots of other reports that we have that can help them gain advantage. But those are probably, you know, the top the top three, just seeing what’s going on in the market.

Jessica  19:31

With all the changes in the legal industry, I think there’s a huge focus right now, not only in just data and the services you guys offer, but also diversity in the workplace. So I would love to know–I know you mentioned a little bit of it, but being able to see you said gender maybe changes are hiring, how to make it attractive to certain diverse populations of people so that you know, the law firms represent their communities, if you will. Could you explain a little bit more of that? I would love to definitely learn more.

Laura Leopard  20:00

For years, we had been asked to have diversity information in our database. But we just thought it would be incredibly hard, we weren’t sure how we wanted to do it, it was it’s it, you know, having that kind of information in the database is a little risky. To a certain extent, you have to be really careful and really think things through. Then the summer of George Floyd happened, we were in the middle of a pandemic, things were kind of crazy. But when that happened, we all you know, on our, our, you know, our little community of folks at leopard said, we have to do something, we have to do something. So we put all of our heads together. And we said, well, here’s how we might do it. And we knew about the Mansfield rule and, you know, diversity lab who are great folks. And we knew how they handled their data. And they really, were asking for data, they really wanted law firms to be able to go in and find people that were diverse in order to bring them into the hiring game. So we took a page out of their playbook, and we said, Okay, if we put diversity in our database, we’re only going to show it to people who we think are going to use it correctly. So if a law firm is a member of the Mansfield rule, they get the diversity data, we don’t charge an extra penny for any of this, we spent months doing research on every single person in the US in our database, to see if they might be ethnically diverse. And what we did was we, we went on a probability score. So if we look at where they’re from languages, they speak committees that they belong to, like we sort of look at all of their data points, then we can come back and say, Okay, we think there was a high probability, this person could be ethnically diverse. If you are a member of the Mansfield rule, you can access and you can view those attorneys. If you’re not, then you can sign the leper diversity pledge. And with that, you are promising to use that data in the correct way, which is to include not exclude, and to really look at these people, you know, in order to bring them in front of the hiring committee of a law firm, in order to move that needle. We also put safeguards in the database in place, so that those people could never be excluded from a search, they could only be included, you can only see them when you want to find them. And we did the same thing for gender. So we moved because there were other gender issues that we wanted to recognize and acknowledge. So you have a high probability of being gender diverse or low probability of being gender diverse. So now, because because we took those steps, we are also able to report on diversity, and every single law firm in our system. And that means if you are a diverse candidate, you’re going to you’re going to be able to know, you know, or a recruiter can show you or the law firm can show you what their diversity score is, in comparison to the other law firms that they may be considering. Everyone. Everyone gets a score, everyone sees you know, how well they’re doing or how poor they’re doing. And law firms can use this in their conversations with people that they want to bring in. And let them know that they are growing diversity within their firm, you can see it in the growth decline report, you can see who’s growing in ethnic diversity numbers, who’s growing in women numbers, it’s all right there for the world to see. And we use the same scoring across the board for every firm. So it’s so it’s all equal. But that was an incredibly important thing for us to do. We spent months with, you know, all hands on deck, getting this data in, and it’s something that we continue to work on all the time. You know, there are people that we have as, as we consider sort of, we don’t have enough information to go either way. Well, we continually go back to see if there’s more information that’s available about that attorney, so we can label them properly, high or low. But being able to do that also led us fold in diversity into our leopard law firm index. So we decided that the normal way that firms are assigned, you know, a grade of excellence, where those scores coming from a once a year list, you know, are really not helpful in today’s fast paced world. We have always seen firms go out of business in the top 200 of emerging they, you know, they go away, they go under, and we wanted something that was real time that would go up as the firm was improving and if the firm Um, you know, hit a bad patch than their score would also show that we have firms in the leopard top 250 that are not in the top 200. We have, we also have firms that are in the top 200 that are not in the leopard top 250 Because our scoring scoring methods are very different. And they’re really database and one of those data points is a diversity number, how well are they doing with diversity. So it is become a part of everything that we do in almost every single report. And in our last leopard law firm index, how well a firm is doing on ethnic diversity is incredibly important. And we wanted to show that by using it as many as many different ways as possible.

Jessica  25:49

I think it’s great to have so many different options of metrics, because I think casting that wide net, as far as what you’re able to keep track of for your firm, allows you to pick up any alarm bells of things that maybe aren’t going as well, like you said of, you know, growth, maybe it’s going down in this area or what have you. So I’m curious to know what some of those alarm bells would be or like red flags in the data that maybe law firms should pay attention to or could affect their business model and moving forward for their growth?

Laura Leopard  26:22

Well, I think all those items that are in that, you know, law firm index, and the score that we give because of it. So we look at metrics that really don’t change over time in the in the sense that we do look at only one little tiny piece of the financial puzzle, which is the revenue per lawyer, but it’s scored over a five year period, because that is really there just to show Oh, it’s going up, oh, it’s going down. So that is available there, and part of that index, but we also use items, the growth decline and attorney headcount, we use the average attorney tenure increases or decreases in that RPL, as I just mentioned, and the ROI, the success and lateral recruitment, and the success and entry-level recruitment. And for the index, we only look at it in the prior 12 months. Because if you are having problems retaining people, the first year they join that firm, we see that we think that is a red flag of something going on at the firm, which is why it’s in the index, we also look at promotions to partner and we look at ethnic diversity within the firm. And one reason that we do that is that companies have said over and over again, they care about ethnic diversity, and they want to work with firms that have a good ethnic diversity number, if that’s true, and if they hold their feet to the fire, then that really must be in the index. And there are other items that we’re looking to fold into that index. But those are the ones that help give that score. There are so many other things, that ROI that I talked about, like in the index, we look at the past 12 months, but you can go back and look, look three years ago, how well did you do in your hiring three years ago? How well did you do that the year before that, because we’re talking about millions of dollars that these firms are losing because they only have a 70% retention of people that they just hired two years ago. And and that is a huge red flag that they really must pay attention to. So then the question is, you know, where’s my problem? Right? So we wrote a report in the in the BI Suite, that really helps you break it down? Is it a practice area issue? Is it a particular office that has an issue, and you can benchmark your firm against your competing firms? I think sometimes when people say, Oh, we have a 80 80% retention rate, that’s pretty good. Well, it’s good until you compare it against some of your competitors who have a much higher number. And it’s also good until you realize exactly how much that attrition is costing your firm, millions and millions of dollars. You know, I’ve also I once had a recruiter and a law firm say, they really didn’t mind the attrition because it was sort of job security for them. Because they kept busy. But really, job security for them is not just it’s making sure you have a successful hire. It’s making sure that those people are happy and they’re getting what they need, is looking to see, you know who might be on the cusp of leaving. We have something in our attorney database called the probability The move, right? So we’re looking at people that have moved in the past and similar circumstances and JD, your range, practice area and all that good stuff. So you can run it on your own firm. And you can see who has a very high probability at your firm that allows you to play defense with those people and help to see if they’re getting what they need, are they happy? Do they need to look at some new kind of schedule? Are they unhappy in their practice area, and they’re not getting an opportunity to change it, there’s a lot, a lot of things that firms can do, if they start to use that data to help see where they might have a problem. And we’ve written many reports that could help them do that, again, again, even with the law firm index, it’s not about calling out oh, this is the big winner, this is the big loser, it’s like, you might have a problem. And we’re gonna help you find where your problem is, because this report will show you where you are, you know, far beneath your competitors, this is an area that you have to look at. And that’s what it’s there for is to really help them do better. And we can show them the metrics that say, this is where you should begin looking.

Rachel  31:15

We’d spoke a little bit about at the beginning of our conversation, how law firms are starting to really start to adopt this technology to integrate more data and things like that into their business. I was curious to get your thoughts on how the legal industry has changed over the course of your career in terms of how this technology has been adopted? Have you seen like a paradigm shift in the past couple of years? Or how has that been?

Laura Leopard  31:37

They certainly have changed, but it hasn’t been a change overnight, you know, law firms, both now. And then they use several different kinds of technology for several different purposes. And, you know, data was housed in silos, you know, with multiple programs used by multiple people. And today, you see firms hiring technology teams, to better integrate and manage that data. So that’s a step in the right direction. You know, I have seen firms that have very little data about their own firm, and about, you know, their own alumni. And they’re beginning to recognize that, that puts them at a disadvantage, right. So that recognition is a huge step, and getting the task of just getting all the data in a proper form, and then the right system, that’s a really big undertaking, and only the largest firms can really, you know, kind of take those steps and hiring that technology department, you know, lucky for others, we can kind of step in and provide that market data that CEI intelligence for them. And even for the firms that have, you know, their own CI department, they still need data on their competing firms to use to create that proper analysis and benchmarking. And that’s where we step in to fill that bill. But technology has been getting much, much better in in many law firms, but not all law firms, there will always be some that are sort of lagging behind.

Rachel  33:11

I wonder, you know, when is going to be the point where these people who are lagging behind will start to realize that, you know, if if you don’t change, then you die, essentially, you know, it’s because eventually just not going to be able to keep up with everyone else around you. So I think one of the technologies that in addition to data that we’ve been hearing about is the use of artificial intelligence in you know, recruiting and and other operations. I was wondering if you could speak a little bit about like your experience in using artificial intelligence and recruiting and things like that, and how it can improve those processes.

Laura Leopard  33:46

We have a product that uses AI, that sort of analyzes a possible merger, right, so it can produce possible candidates. And then when you select one, we use all of the data from all the past mergers that we’ve seen in our database, to really say, Well, this is how we think this merger would go based on attrition rates. And then we highlight all the risks points, you know, of that particular acquisition or merger. And that’s, that’s in the BI Suite. An AI for hiring is kind of tricky. So while it sounds like you know, oh, we’re going to use AI and it’s going to eliminate bias. The problem is there will be inherent bias baked in, depending upon the data set that AI is based on. And the legal industry has historically been predominantly white and male for decades. So an AI hiring system based on that data set is going to have bias unless you work to overcome it. If you’re parsing resumes and cover letters is going to need to be trained on you know, being neutral on titles and verbiage. And you know, was key words. Now we like to look at data patterns, which can prove to be, you know, maybe even more helpful than that kind of AI. You know, there’s different processes that firms do almost without thinking, you know, firms do a lot of institutional hiring. And we can show that in data and tell that story. And these are the types of data patterns that you know, I would like to see kind of shake up that hiring model, the one that, you know, may not be serving the firm as well as they thought. But an AI for hiring has always been tricky. And we’ve, we’ve explored some of this ourselves. And then at the same time, we said, Well, wait a minute, it could very well be that the best person at the firm, the one that succeeds the most is always going to be that white male partner that came on 30 years ago. So this is something that we’re working on. And we’re working to see how we could eliminate bias in that kind of report. But it’s, it’s a tricky thing. And it’s I know, a lot of companies outside of law firms have used it. And there have been a lot of issues with using AI in that process. So it’s something you have to watch very closely.

Rachel  36:17

Yeah, I think there’s this misconception that AI is just like, you know, it’s not a person. So how can it you know, make these questionable decisions. But the problem is that, like a person has to build the AI. And it has to be based off of, you know, it has to learn these things from something else. So I can see how that would be a slippery slope. So with that in mind, like do you see…Or I guess, like what technologies do you see changing these processes moving forward? What do you expect the role of technology will be like, in the future?

Laura Leopard  36:49

There are many, there are many hiring issues. And we are working now on a really cool piece of technology. To help with one of those, you know, I talked to I talked to a lot of law firm people who have to do a lot of work, before the hiring partner sits down with the candidate. Because so often that hire can be blown if that hiring partner doesn’t know what to say that I care. So much about lateral hiring is about convincing that person to join your firm. And competition right now is at an all-time high. So what sets your firm apart? You know, why would this top-notch corporate m&a attorney, choose your firm over the five others that he’s looking at, you really have to tell them and you can’t just say, Oh, we’re a great firm with great people and a great culture, you really have to say, how your firm has, you know, grown over your competitors. Let’s say you’re interviewing a woman who’s an IP associate and wants to make partner, well let her know how many women IP partners you have in your firm in relation to her current firm. And if that number isn’t as great, maybe the percentage of growth is great, right? Just convince them that your firm is the best choice by using data to confirm that back. There are always good stories that can be told with data. And we are trying to help firms uncover those and help that hiring partner convey those really positive things. And right now, you can do that. But you’d have to run several reports. And then you’d have to write the analysis and then hand it to the to the hiring partner. So we are developing a tool called the Coach’s Corner, that’s going to do just that. And it’s going to analyze the firm that seeking to hire against the firm with the attorney currently works. And it’s going to map out all the positives that we have in the data for your firm. And that is a really important part of the conversation. Right now the competition is so tight, and it’s so everything is moving so quickly, that they all need, you know, as as much help as they can to paint their firm in the right light if they’re gonna get that higher. So there’s a lot of power on the job seeker right now, especially in certain practice areas and in certain areas of the country. And they want to make sure that they’re making the right choice. All that there’s a lot of strange decisions going on out there. There’s, there’s a race for, you know, who’s getting paid the most. But if you’re all paying the most, how do you decide between one and the other, you have to look at all of that other data to say overall, our firm would be the better choice for you because of a B, C, D, and E. And that’s what we’re trying to do is give them the data for all of those points. So you may see people making decisions based on all of those metrics, and all of those things that that firm offers, as opposed to just monetary decisions, right? Am I going to be happy where I go? Am I going to be able to live the kind of life that I want to leave, all of that’s going to happen and that those firms that are doing that are going to change the dynamic of the rest. So it’s not all about starting salary, and it’s not all about the PPP. There’s a lot more in the mix now. And there may be a reshuffling of firms, as some firms begin to realize they need to change how they do business in order to have, you know, people that stay with them and people who want to join them.

Rachel  40:48

There will be an interesting thing to watch here in the coming years, especially as your company continues to roll out these new tools.

Laura Leopard  40:54

As a group as a women working in law firms, as men working in law firms, we have to look and demand and ask for that change to happen.

Rachel  41:04

Excellent. Well, that’s why we’re so excited to have you on as a guest today to get these ideas and these topics out there! So special. Thanks to you, Laura, for joining us today. We really appreciate it.

OUTRO  41:19

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