Law Office Management Archives - Page 19 of 59

Legal Industry News: Law Firm Hires, Recognition & Attorneys Getting Out the Vote

The National Law Review curates noteworthy legal industry moves, law firm innovation, and attorney recognitions and awards. Read on to learn more about innovative developments in the legal area.

Law Firm Strategic Additions

Former congressman Mike McIntyre joined Ward and Smith as the firm’s Senior Advisor for Government Relations and Economic Development.

McIntyre was elected to North Carolina’s 7th Congressional District in the U.S. House of Representatives in 1996 and served for nine consecutive terms working on issues such as economic and business development in rural and coastal communities. He also served as the No. 2 ranking member of the House Agriculture Committee and was the No. 3 ranking member of the Armed Services Committee.

“I’ve known Mike for decades. His dedication, commitment, and extensive knowledge of local, state, and federal issues are unparalleled,” said Jamie Norment, the firm’s Government Relations Practice Group leader. “The caliber of our Government Relations team was extensive before. With Mike joining the team, our capacity to represent clients in and out of North Carolina is bar none.”

McIntyre’s legal practice includes sports and entertainment, business, agribusiness, energy, environmental and real estate. He will be based out of the firm’s Raleigh office and will include work on behalf of clients in Washington, D.C.

Gabriel Edelson joined Varnum’s Business and Corporate Services practice team, and will be based in the firm’s Birmingham Michigan office.

Edelson’s practice focuses on mergers and acquisitions, divestitures, corporate governance and general corporate matters, representing private equity firms and portfolio companies. He also serves as a board member of the Founders Junior Council at the Detroit Institute of Art.

“We’re very pleased to welcome Gabe to Varnum and the Birmingham office,” said Seth Ashby, who leads the firm’s Business and Corporate Services group. “In addition to being an excellent lawyer, Gabe brings a variety of experience and interests to the team and we look forward to working with him.”

Andrew P. Young joined Barnes & Thornburg as a partner in the firm’s San Diego office, where he will be a member of the firm’s Litigation Department. Young has over a decade of government prosecution experience, having previously served as Assistant U.S. Attorney in the Major Frauds and Public Corruption Unit for the Southern District of California and as a Criminal Trial Attorney in the Department of Justice’s Tax Division.

“Fraud and corruption skyrocket in moments of crisis, and we’re already starting to see charges brought involving PPP loans and a number of other COVID-19 related issues,” said Randy Brown, chair of the firm’s Litigation Department. “Given his storied government experience, Andrew can offer clients valuable knowledge in these and other areas.”

Young focuses his practice on white-collar criminal defense, compliance, internal investigations and complex business litigation. As a federal prosecutor, he secured more than 100 convictions and seized more than $35 million in illicit gains.

“We’ve grown an impressive bench of litigators in Southern California, and Andrew is the third prosecutor to join us from the U.S. Attorney’s office since 2019,” said Troy Zander, San Diego partner-in-charge. “Andrew is uniquely positioned to advise our clients and bolster our litigation practice in San Diego and beyond and I’m thrilled to welcome him.”

Eric Winwood joined Sidley Austin as a partner in the firm’s Dallas office, and will be a member of Sidley’s Employee Benefits and Executive Compensation practice and the leader of the firm’s Dallas Tax, Employee Benefits and Executive Compensation group. Before joining Sidley, Winwood was an employee benefits and executive compensation partner with Baker Botts LLP and a member of its Oil and Gas M&A team.

Winwood’s experience includes advising clients on compensation and benefits matters, including those associated with domestic and international M&A and private equity transactions, spinoffs, and joint ventures and has significant experience in the energy sector.

“Eric’s experience advising clients on the executive compensation aspects of transformative M&A and private equity transactions will be a great value to clients across our many practices,” said Laura Barzilai, global leader of Sidley’s Tax, Employee Benefits and Executive Compensation practice. “Additionally, Eric’s knowledge of a wide array of compensation and benefits matters further strengthens our existing team that regularly advises clients on highly sensitive matters, including executive onboarding and exits.”

Carolina Guibert Chase joined Allen Matkins as a partner, specializing in land use law, including California Environmental Quality Act compliance. Her background includes extensive experience in urban planning and land use law.

“San Francisco’s always-shifting legislation and complex planning code make it one of the most challenging jurisdictions for real estate developers in California, if not the country. Caroline’s keen understanding of, and experience working within, this complicated environment gives her the upper hand when assisting clients to move projects forward,” says Emily L. Murray, co-chair of Allen Matkins’ Land Use, Environmental, and Natural Resources practice group. “Caroline deepens the bench of the firm’s already dynamic Land Use Practice Group and we look forward to having her on our team.”

In her legal career, Chase has represented an array of educational institutions including the University of San Francisco, and affordable housing developers, including some of the Bay Area’s top mixed-use, office, and residential developers.

Chase serves on the San Francisco Housing Action Coalition Board (SFHAC) and is Chair of the SFHAC Legislative Committee. She is also a member of the San Francisco Planning and Urban Research Association Housing Policy Committee and the Urban Land Institute.

Law Firm Recognitions and Attorney Awards

Sterne, Kessler, Goldstein & Fox was named as the Inter-Partes Review Firm of the Year and earned the Hatch-Waxman Impact Case of the Year award at the 2020 LMG Life Sciences Americas Awards. Sterne Kessler was also recently recognized by Managing Intellectual Property as the 2020 PTAB Firm of the Year.

The Hatch-Waxman Impact Case of the Year award recognizes Sterne Kessler’s ’s work before the Patent Trial and Appeal Board in Amneal Pharmaceuticals LLC et al. v. Almirall LLC, which resulted in a final written decision in favor of the firm’s ’s client Amneal Pharmaceuticals. Sterne Kessler has been previously recognized by LMG LIfe Sciencesfor the award.

“There aren’t many firms that have won an award category three times from LMG Life Sciences, but Sterne Kessler is an appropriate fit for the record due its substantial PTAB group, and one we are happy to name as Inter-Partes Review Firm of the Year,” said LMG Life Sciences editor Chris Adams. “The firm is one of the most active, has the clients, and takes part in novel post-grant matters showcased through its work in the recent Amneal case.”

Sterne Kessler was also shortlisted by LMG Life Sciences in the Hatch-Waxman Litigation – Generic, Patent Strategy Firm of the Year, Intellectual Property and Intellectual Property Boutique categories. Sterne Kessler directors were also finalists in certain categories, including Eldora L. Ellison, Ph.D. and Deborah Sterling, Ph.D. for Post-Grant Proceedings Attorney of the year, JC Rozendaal for Hatch-Waxman Litigator of the Year – Generic and Gaby L. Longsworth, Ph.D. for Patent Strategy Attorney of the Year – District of Columbia.

Euromoney Legal Media Group (LMG) selected Knobbe Martens Partner Susan Natland as the recipient of its “Best in Trademark” award at the 2020 Americas Women in Business Law Awards ceremony held virtually September 17th.

Natland previously received the “Best in Trademark” honor in 2015, and has been named to LMG’s Americas Women in Business Law expert guide four times. She co-chairs Knobbe Martens’ Trademark and Brand Protection Group, and specializes in international and domestic trademark selection and clearance, enforcement and brand protection. Natland has argued multiple cases before the Trademark Trial and Appeal Board. She advises officials at the U.S. Patent and Trademark Office and is a member of the Trademark Public Advisory Committee. She is a former member and chair of the firm’s diversity committee.

Five Perkins Coie Trademark Partners were named as 2020 WTR Global Leaders by World Trademark Review.

Patchen Haggerty, Lynne Graybeal, and Grace Han Stanton received recognition in Washington state; Scott Palmer in China; and Fab Vayra in the District of Columbia were recognized by World Trademark Review for their expertise and experience in relation to managing, protecting, creating and enforcing essential brand rights.

Perkins Coie’s IP practice includes over 250 attorneys and agents, with extensive experience in all areas of U.S. and international trademark prosecution.

Los Angeles and San Francisco Daily Journals’ named Jennifer Keller of Keller/Anderle LLP on its list of The Top 100 Lawyers in California. This marks her thirteenth appearance on the list.

Keller was also ranked as the No. 1 attorney in Southern California by Southern California Super Lawyers for 2020, and was recognized on the list of the 2020 Benchmark Litigation Top 100 Trial Lawyers in America. Keller is also a 2018 inductee to the California Lawyers Association Trial Lawyers Hall of Fame.

Keller represents plaintiffs and defendants in commercial litigation and white collar cases. Keller recently won a temporary restraining order in federal court after plans were announced to turn a Costa Mesa facility previously condemned as unfit for human habitation into an 80 patient coronavirus treatment center. The plans were abandoned.

Law Firm Innovation and Initiatives

Blank Rome launched its Biometric Privacy Team, composed of multidisciplinary attorneys from its Cybersecurity & Data Privacy, Privacy Class Action Defense, Artificial Intelligence Technology, and Labor & Employment groups. The group was created to help clients address and minimize risks associated with biometric privacy regulatory compliance, enforcement, and litigation.

“We are thrilled to launch this important and timely initiative,” said Jeffrey N. Rosenthal, who leads the Firm’s Biometric Privacy Team. “Our team includes both highly experienced compliance counsel and seasoned privacy class action defense litigators. Collectively, we are well positioned to help clients navigate today’s myriad biometric privacy laws. Whether proactively developing comprehensive compliance/risk management programs or aggressively defending clients in state and federal courts across the country, our Biometric Privacy Team possesses the technological savvy, industry knowledge, and battle-forged litigation skills needed to counsel and defend our clients as consumer privacy laws continue to expand and evolve.”

A team of attorneys from Bryan Cave Leighton Paisner (BCLP) worked with the Lawyers’ Committee for Civil Rights Under Law intervened on behalf of the Georgia NAACP and the Georgia Coalition for the People’s Agenda to stop over 14,000 voters in Fulton County being purged from the county’s list of registered voters. The group of BCLP attorneys filed an emergency motion, stopping a lawsuit demanding challenge hearings and the purging of impacted voters. Along with the emergency motion, the team argued the lawsuit should be dismissed, saying the lawsuit was an illegal attempt to avoid the requirements of the National Voter Registration Act of 1993 (NVRA). After a hearing, the court denied the petition to purge the voters, pointing out the NVRA precludes voter removal within 90 days of a federal election.

Both the Georgia NAACP and the Georgia Coalition for the People’s Agenda have been working to get out the vote in Georgia ahead of the 2020 election, and the suit’s dismissal is helpful to that cause. Jennifer Dempsey, a partner at Bryan Cave Leighton Paisner LLP, said of the victory:

Now more than ever we need to protect the right to vote. Hopefully, our work here with the Lawyers Committee will help to dissuade similar attacks on the right to vote in Georgia and in the rest of the country.

The BLCP team included Atlanta Partners Bill Custer and Jen Dempsey. Custer is currently serving on the board of directors of the Lawyers’ Committee. Atlanta/Los Angeles Associate Christian Bromley, Atlanta Associate Leah Schultz and Atlanta Paralegal Stephanie Roberts, and Leanne Middleton also worked on the project.

Read Ahead, a nonprofit that partners volunteer mentors with elementary school students in New York City, recognized DLA Piper as the organization’s virtual gala, Books and Beyond.

More than 80 of DLA Piper’s lawyers and staff volunteered to serve as mentors to students in the program. DLA Piper Partner Christopher Paci, serves on Read Ahead’s board of directors.

“Our commitment to creating a culture that is inclusive of all people, and where everyone has an opportunity to succeed, is fundamental to who we are,” said Fenimore Fisher, DLA Piper’s chief diversity and inclusion officer, while accepting the recognition on September 16, 2020. “We support Read Ahead’s mission that every child deserves the opportunity to be successful in school and in life.”

The Antitrust Group at Proskauer Rose announced an interactive price gouging map, providing at-a-glance information on state regulations on price gouging restrictions. This information is especially needed due to unscrupulous business practices gong on duirng the COVID-19 pandemic. The map helps users stay aware of local, state and federal rules, as well as executive orders, put in place since the onslaught ofthe Coronavirus pandemic. Christopher Ondeck, co-chair of Proskauer Rose’s Antitrust group, states the map highlights the challenge of complying with a web of price-gouging laws that apply in different jurisdictions, and a major problem for businesses is gauging which laws are applicable on what products and services. He says, “A price change that is safe in some states could be illegal in many others. Different products and services are covered by different states. . . Our map provides businesses with a tool to help with this challenge in an interactive and user-friendly format.”

That’s the news for now. We’ll be back in two weeks with more information.

ARTICLE BY Eilene Spear and Rachel Popa of the The National Law Review / The National Law Forum LLC

For more articles on the legal, industry, visit the National Law Review Law Office Management section.

Mastering the Zoom Apology

A CEO, executive director, bar president, section chair or another leader has to apologize or speak about something very important. The stakes are high – and in this COVID-19 era, the apology is going to have to be done using Zoom or another virtual platform.

Under any circumstance, delivering an effective apology can be a daunting experience. It involves conveying the right words, in the right tone of voice, with the right facial expression. It requires authenticity combined with the ability to convince the individual (or group) you’re apologizing to that you really mean what you say — and that you are really sorry.

If you’re sincerely sorry, and you really feel sorrow, you may succumb to emotions that affect the message you’re trying to convey – a quavering voice, maybe some welling up, perhaps some tripping over your words. If those feelings are true and 100% authentic, it’s OK to express emotion.

But if you really don’t believe you were at fault, it may be challenging to keep a tone of resentment out of your voice and a steely look out of your eyes. In these situations, your apology will likely fail to convince anyone of your remorse and the whole exercise will have been for naught.

With the onsite of COVID-19, the ability to deliver an effective apology has become even more challenging. Why? Because most of them are now being delivered via Zoom or a comparable video platform. Depending on the situation, the apologizer will be facing a small group, or potentially a throng of hundreds. The apology will be delivered to a camera lens instead of a live audience. Every flaw will be captured close-up. And your words will be captured for all eternity if the Zoom call is taped and uploaded to a website, to YouTube or any of the other platforms designed to share content throughout cyberspace. It makes the prospect of going on live television seem a far better alternative – and very few individuals are well-equipped to undertake that experience.

We recently saw a business executive deliver an apology via Zoom. It was clear the individual was apologizing under duress. The delivery was void of emotion. There was scant eye contact. Worse yet, the apologizer read from a prepared script. The term “hostage video” came to mind as we watched this individual struggle toward his concluding remarks. Technically, an apology was delivered. In actuality, it’s doubtful anyone’s opinion was altered by the words that were spoken. As part of a larger strategy to rehabilitate this individual’s reputation or standing, the undertaking was a failure.

Zoom apologies can be improved and can achieve the larger goal behind them – even those that are coerced. Here are some recommendations to improve performance and enhance results.

Start with the right words. This applies to all apologies, but especially those that will be memorialized online. If someone is writing your apology for you, make sure it reflects the way you speak and the phrases you use. Don’t let someone else put words in your mouth that will be difficult for you to deliver. Especially to be avoided are words you don’t believe.

Ask someone familiar with the situation to review what’s been written. Do the words ring true? Can you deliver them with a straight face? Think back to the example a couple years ago when the CEO of United Airlines , Oscar Munoz, was forced to apologize for the police officers that dragged a paying passenger off one of its flights. “I apologize for having to re-accommodate that customer,”said Munoz – two days later. What does that even mean?. How satisfied do you think the affected passenger felt after receiving it? And what about the public, which now had just another reason to hold United Airlines in contempt?

Contrast the United Airlines situation with one that happened shortly after to an American Airlines passenger who was attempting to board a plane while holding two infants in her arms along with a stroller. An airline employee got into a shouting match with her and another passenger. Of course, the entire incident was caught on-camera with a mobile phone and uploaded to Facebook where it then went viral. Don’t remember that story? That’s because the president of United Airlines immediately issued an apology, an apology without equivocation. United Airlines’ story lasted weeks; American Airlines’ story lasted a day or two.

As you consider the content of your apology, beware of the false apology. “I’m sorry you feel that way,” is not an apology. Apologizing – without qualification – for what your or your organization did or the problems you caused is an authentic apology. The former will only make your victims more resentful and more inclined toward revenge or retribution. The latter may actually help you makes progress toward resolution of the problem your actions have caused. For a great short summary of the 12 kinds of fake apologies, read this article.

Get familiar with the medium. No doubt you are using Zoom, Microsoft Teams or some other platform almost every day to conduct business. Staging an apology on Zoom requires a higher level of preparation. Make sure you are seated at the right height so you are looking straight into the camera and making eye contact with your audience. You want to be close enough to the camera to appear engaged, but not so close that you look as though you’re peering through a keyhole trying to intimidate your audience. Nor do you want to sit too far away, which gives the appearance that you are trying to distance yourself from your viewers – and perhaps subconsciously, from the issue at hand. Don’t let your eyes roam off-camera as though you’re looking for someone to rescue you. And, as anyone who has been media trained for a sit-down interview will also tell you, sit straight up and don’t swivel in your chair.

Set the stage. Lighting is critical to a good Zoom appearance. Avoid overhead lights that can create shadows on your face. Never sit in front of a bright window or other light source that will cast your face in darkness and likewise cast doubt on your character. Strive instead for a soft source of light to illuminate you from the front. An inexpensive LED light can do the trick (for a few selections, click here).

Be very mindful of the background. What do the framed photos and art in the background say about you? If you’re apologizing for misspending someone else’s money, avoid pictures that show you in expensive vacation spots, enjoying the company of celebrities or otherwise telegraphing your bad financial management skills. Apologies should be delivered in neutral locations that will not generate envy, questions about your judgement or other distracting speculations about your personal life. Stick to pictures of the family, your pets, framed awards and other items that speak to your professionalism and values.

Lastly, make sure the door to the room you are Zooming in is closed and that those on the other side understand it is not to be opened until you do so. Spouses wandering in the background, small children climbing into your lap and a photobomb from the family pet will undercut the professionalism and solemnity you want for this critical communication.

Dress the part. What you wear for your Zoom apology should reflect the seriousness of the situation. Dress at least one step up from the look you typically put on for day-to-day business meetings. At the same time, avoid an outfit that will make you visibly uncomfortable and distract from the important message you are delivering. Try to be rested before you confront the camera and do take a good look in the mirror before the session starts to make sure you are presenting yourself in the best light possible. And if you choose to wear shorts or sweat pants, you must make 100% certain they won’t be seen on the video, even inadvertedly.

Say it, don’t read it. Apologies that are read from a piece of paper in your hand compel you to lose eye contact with the camera and your audience. If you can’t memorize your apology and deliver it without stumbling, consider attaching notes to your desktop screen (without blocking your camera) containing key phrases to prompt you through your delivery. Just be sure the type is large enough that you don’t need to tilt your head or squint to read it.

Practice and practice some more. Ask someone you trust – ideally, someone who also understands Zoom – to hold a few sessions for the two of you so you can practice delivering your apology to a live audience. Ask your friend or colleague to give you a frank assessment. How do you look on camera? How is your delivery? Do you sound sincere, do you sound credible and, most important, do you sound sorry?

As we often tell clients, more often than not it’s not what you say, but the way you say it. Matching the right words with the performance techniques detailed above is the one-two punch that will make your apology believable.

ARTICLE BY Bruce M. Hennes and Nora Jacobs of Hennes Communications

For more articles on the legal industry, visit the National Law Review Law Office Management section.

5 Ways to Successfully Manage Remote Staff

Managing your law firm staff in the office or remotely can and should look remarkably similar; however, there are unique challenges to working virtual. Understanding this and adjusting your management approach will be the difference between a productive, seamless transition, and one that potentially costs your business. We’ve rounded up 5 ways you can navigate successfully managing remote staff during a pandemic.

Ensure a proper workspace setup

You want your employees to have a comfortable setup that allows them to be productive in the office and working from home should be no different. While some of the usual office luxuries may not be possible (e.g. two computer monitors), ask your staff about what they need at home to create a similar environment. Do they have a desk and proper chair to work from? What type of lighting is available? If they’re relying on their personal computer, is it functional for work purposes? What about a printer? Is there access to high-speed internet? Some employees may not feel comfortable asking for at-home office supplies, and these are just a few of the questions that need to be addressed to allow your employees to work happily and efficiently.

Minimize loneliness and isolation

One of the downsides to working remotely is a sense of isolation, which can lead to anxiety and depression. Consider that employees may live alone, further exacerbating the possibility of loneliness. Identify ways for your team to interact throughout the day, ideally via video and phone versus email or text messaging. Don’t make conversations all about business; make time for small talk. Maintain office structure with designated times for breaks and lunch and consider holding virtual lunches together. Encourage employees to go for brief walks throughout the day to stay energized. Host team building activities such as workouts in the evening or happy hours via Zoom or similar platforms.

Overcome communication challenges

When working virtually, you automatically lose the opportunity to quickly pop into someone’s office and bounce an idea off them, but communication challenges go beyond that. Despite everyone’s best efforts, there will likely be more emails and texts, which, if not carefully crafted, can result in an unintended tone. Combat this by picking up the phone or getting on FaceTime, Skype or another video-oriented platform. It may take more effort and organization but will avoid employees questioning what you meant and an endless back and forth over email. Schedule time to brainstorm and strategize versus just talking about to-dos. While not as natural as having a quick chat in the office, it ensures continued creativity and interaction.

Don’t forget about encouragement and celebrations

It’s important that your staff stays motivated and focused on personal growth. In addition to team meetings, carve out time for one-on-one conversations, too. This will allow you to address any questions or concerns employees have that they aren’t comfortable bringing up in a group setting. It’s also an opportunity to discuss their goals and how those can be achieved. Don’t let evaluations go by the wayside simply because you’re not meeting in person.

Promote camaraderie by acknowledging milestones as you would in the office – five-year anniversary with the firm, birthdays, etc. This maintains positive employee morale and helps to minimize the isolation factor addressed earlier.

Establish a culture of ownership and accountability

Your team’s organization and productivity is only as good as yours. Implement systems to keep staff accountable. For example, schedule regular check-ins at the same time each day/week and use project management software such as Asana to keep everyone on top of projects and tasks. If you need to cancel a team call, reschedule immediately rather than telling employees you’ll get back to them. This allows them to plan their day and prevents wondering when they’ll be able to talk to you about a particular client or issue. Your team will take clues from you on how to best navigate working remotely so be an example they should emulate.

Remember that not every employee is suited to work from home, and you need to do what you can as a manager to set them up for success. This will benefit everyone in the long run.

ARTICLE BY Berbay Marketing and Public Relations Firm Blog

For more articles on the legal industry visit the National Law Review Law Office Management section.

Legal Industry News from the National Law Review: Law Firm Hires, Attorney Accolades and Recognition and Innovation

As we move into fall, the National Law Review’s editorial team takes a look at the constantly evolving legal industry landscape—paying special attention to law firm hires, attorney awards and law firm innovation.

Law Firm Moves & Hires

Securities attorney Paul McCurdy joined Katten’s Financial Markets and Funds group as a Partner in New York. Before joining Katten, McCurdy led the broker-dealer regulatory practice for over 20 years at his previous firm, and he also previously served as an executive committee member and as the firm’s chairman.

In his practice, McCurdy represents investment banking, retail, clearing and direct broker-dealers and advisory firms in regulatory and enforcement matters. He has defended witnesses in over 200 interviews before the Securities and Exchange Commission, the Financial Industry Regulatory Authority and the Department of Justice.

“Katten is a solid leader in the financial services industry, well-known as a one-stop resource with a deep bench of talent and some of the most experienced litigation and regulatory enforcement attorneys there are,” McCurdy said.

Arent Fox law firm added Partner John Zaimes and Counsel Roxanne Wilson to its Labor and Employmentpractice in Los Angeles. The pair worked together at Mayer Brown before joining Arent Fox.

“John and Roxanne join our national team at an extremely opportune time,” said Michael L. Stevens, labor & employment practice leader. “Since the start of the year, our clients have increasingly sought our counsel as the COVID-19 pandemic has forced them to shift their business and employment strategies and operations. Now, we’re starting to see a growing number of disputes with employees on a variety of fronts and adding John and Roxanne will strengthen our support for clients in California and across the country.”

Wilson focuses her practice on advising clients on employment-related class actionsregarding drug and alcohol policies, sick leave, employment application and wage and hour issues.

Zaimes advises clients on non-compete agreements, employee non-solicitation agreements, and the protection of trade secrets, and defends clients in actions under the Fair Labor Standards Act and Telephone Consumer Protection Act.

Grant Schneider joined the Washington, D.C. office of Venable as the senior director of cybersecurity services. Previously, Schneider was the federal chief information security officer for the White House Office of Management and Budget. He also served as the senior director for cybersecurity policy on the White House National Security Council.

During his time working for the federal government, Scheider oversaw the review of the government’s cybersecurity enterprise and worked with Congress on the SECURE Technology Act which established the Federal Acquisition Security Council.

“Grant joins us from a distinguished career in the federal government, where he led numerous initiatives that were pivotal to managing risk and enhancing our national cybersecurity, not least of which was his recent work on supply chain security, encryption, and identity management. We look forward to welcoming him to our team and leveraging this experience in service to our clients,” said Ari Schwartz, managing director of cybersecurity services at the firm.

Schneider also worked as the senior director for cybersecurity policy for the National Security Council, helping gain presidential approval for the first National Cyber Strategy in more than 15 years.

“Venable presented the rare opportunity to work with some of the nation’s leading minds in shaping the future of cybersecurity from within the private sector. I have spent my nearly 28 years of government service implementing innovative programs and policies on a national scale and am eager to stretch these muscles in new ways to advance the cybersecurity goals of the firm’s clients,” Schneider said.

Marc Boiron and Rebecca Rettig joined Manatt law firm as partners in the firm’s financial services group and fintech practice. Boiron will be based out of the firm’s Los Angeles office and Rettig is joining the firm’s New York office.

Boiron, a leading corporate lawyer and blockchain and virtual currency advisor, has experience guiding clients through issues such as token distributions, regulatory compliance and financings. Boiron is admitted in California and Delaware and advises companies on governance and corporate issues.

Rettig was recognized as one of the top 100 women lawyers in New York City by Crain’s New York Business, and represents blockchain and virtual currency companies in litigation and private arbitrations. She works with Fortune 100 companies on securities, shareholder derivative and contract disputes.

“We were really drawn to Manatt due to its groundbreaking approach to client services, which blends legal and business advisory services, as well as its bench of nationally recognized lawyers, consultants and technologists,” said Boiron. “We believe that the firm’s hybridized platform and collaborative culture will resonate with and be an invaluable resource for our clients as they prepare to tackle any challenge they may face in today’s new, and unprecedented, economy,” Rettig added.

Maja Zerjal Fink joined Arnold & Porter’s Bankruptcy and Restructuring practice as a partner in New York City.

Zerjal Fink represents clients in corporate reorganizations and insolvency proceedings, and has been involved in some of the largest reorganization cases in the U.S., including the $74 billion restructuring of Puerto Rico’s outstanding debt load, as well as the $18 billion debt of Caesars Entertainment.

“I am very pleased to welcome Maja to the team. She is a talented lawyer with significant experience in some of the most complex bankruptcy cases and restructuring matters,” said Michael Messersmith, chair of the Bankruptcy and Restructuring group at Arnold & Porter. “Maja’s expertise, energy and business-focused mindset will complement our existing strengths and help our clients navigate the challenging restructuring landscape during this unprecedented time.”

Zerjal Fink was named a Pro Bono Star by Human Rights First and is a 2020 member of the International Insolvency Institute’s NextGen Class IX.

“I am thrilled to be joining Arnold & Porter’s world-class Bankruptcy and Restructuring practice,” Zerjal Fink said. “I look forward to expanding my practice and helping clients achieve their goals with a sophisticated and collegial team of lawyers.”

Jeffrey K. Cassin and Ross J. Switkes joined Norris McLaughlin as Members of the firm.

Cassin will serve as the lead corporate attorney in the firm’s Business Law Practice Group, and Switkes joined the Bankruptcy & Creditors’ Rights Practice Group in the firm’s New Jersey office.

Norris McLaughlin Chairman John N. Vanarthos said the additions of Cassin and Switkes are critical components of the firm’s pandemic strategy.

“To be able to provide services our clients need, in a time of need, is so crucial to us. We are excited to have Jeff bring our already-well-established business group to New York, and to have Ross as an essential member of our bankruptcy group is truly a testament to our firm’s commitment to client service,” Vanarthos said.

Cassin’s expertise includes representing companies at every stage of the corporate lifecycle, and has led successful acquisitions and divestitures and has closed transactions in restaurant management, media, technology and human capital.

“Norris McLaughlin’s approach throughout the pandemic has been to help clients work through it so they come out stronger on the other end, which is a value that I share. I’m excited to be joining the team,” Cassin said.

Switkes’ practice includes corporate restructuring, and commercial litigation, debtor/creditor rights and corporate restructuring. He currently serves as the Vice-Chair of the Lawyers Advisory Committee for the U.S. Bankruptcy Court, District of New Jersey, and is a Trustee of the Mercer County Bar Association.

“I am excited to join Norris McLaughlin and its Bankruptcy Group. It is a privilege to join such a well-respected team. Not only am I benefitting from having access to the kind of business platform and infrastructure that I need to grow my practice, but my clients will benefit from the opportunity to take advantage of the broader range of high-quality legal services that Norris McLaughlin offers, and they can do so without an interruption in value,” Switkes said.

Attorney Awards and Recognitions

The Utah State Bar Labor & Employment Law Section named Elizabeth “Terry” Dunningof Holland & Hart law firm as a recipient of its 2020 Lifetime Achievement Award.

Dunning graduated from Harvard Law School in 1977 and went on to achieve equity partnerships at two Am Law 200 firms in a career spanning four decades. Dunning is recognized as a top employment law attorney in Utah and nationwide, and she has dedicated her time to educating others in the profession, serving as a mentor to junior women attorneys.

“Terry truly is the whole package—she is smart, hard-working, and devoted to her clients, her colleagues, her community, and to the rule of law,” said Brit Merril, one of the newer members of Holland & Hart’s Employment team and Denning’s mentee. “Terry is an exceptional mentor, a skilled advocate, and the embodiment of civility and professionalism.”

In addition to her legal career, Denning has served in leadership roles on the Board of Trustees for the Presbyterian Church Foundation and the Committee on Mission Responsibility Through Investment for the Presbyterian Church.

The St. Louis Business Journal named Armstrong Teasdale Partner Sarah Sise as one of its Most Influential Business Women for 2020, selecting Sise as one of 24 recipients out of 225 nominations.

Sise is the co-leader of Armstrong Teasdale’s Employee Benefits and Executive Compensation practice and has over 20 years of experience in the field. Sise also serves as co-chair of Armstrong Teasdale’s Inclusion Committee and is involved in the firm’s Women’s Inclusion Network.

DLA Piper announced Paul Klimos, an associate in DLA Piper’s Corporate Practice, was appointed to the Global Future Council on Agile Governance of the World Economic Forum (WEF). Klimos will begin his one-year period of membership on October 1, 2020. The WEF Global Future Council’s is invitation only, and is comprised of thought leaders from across academia, business, civil society and government, dedicated to innovation and sustainability with an eye to the future. Klimos’ experience working with emerging technologies and entrepreneurs will inform his time on the WEF Global Future Council. In his practice, he represents emerging growth companies at all levels, as well as investors.

Nancy S. Shilepsky, partner in Sherin and Lodgen’s Employment Department, has been appointed to a three-year term as Employee Co-chair of the American Bar Association (ABA) Section of Labor and Employment Law’s International Labor and Employment Law Committee. Her term began on September 1, 2020 and will run through the end of August 2023. In this role, Shilepsky will study and report on foreign labor relations law and employment practices, with an emphasis on US executives and foreign executives working in the US. Shilepsky, along with her role at Sherin & Lodgen, has an internationally recognized reputation in executive employment compensation. On her role with the ABA, Shilepsky says:

The International Labor and Employment Law Committee has the unique responsibility of staying apprised of legal developments across the world. I’m honored to receive this appointment and look forward to working with members of the Committee to offer the most up-to-date analysis of international employment law.

Nancy is a leading influence in the world of executive advocacy and employment law and litigation and is a Fellow of the College of Labor and Employment Lawyers. She is a champion of the interests of individuals and a trusted counselor to executives, professionals, and partners across a wide range of industries. Nancy has established an internationally recognized reputation representing such clients in complex matters involving executive employment and compensation. She is known for her pioneering efforts in wrongful termination and discrimination cases. Her work includes a high-profile sexual harassment case involving the impact of the First Amendment on workplace speech restrictions and a landmark case dealing with the eradication of race-based discrimination in compensation.

The ABA’s Labor and Employment Law Section is comprised of more than 20,000 members who represent all perspectives of labor and employment law: management, union, plaintiff, neutral, and public. The Section is committed to a balanced discussion of employment issues throughout the world.

Womble Bond Dickinson announced that Sonny Haynes, a partner in the Winston-Salem office, has been named one of the Minority Corporate Counsel Association (MCCA)’s Rising Stars for 2020. Attorneys who are given this honor must have at least eight years of experience in the legal profession, have leadership and achievements that are outstanding and have demonstrated a commitment to community service, pro bono work, and diversity, inclusion and equality.

Haynes fulfills these requirements through her practice focused on insurance defense, product liability and mass tort litigation. She has been a member of the City of Winston-Salem’s Human Relations Commission since 2013, and she served on the Minorities in the Profession Committee of the North Carolina Bar association. In her community, Haynes has recently focused on improving communication between community leaders and law enforcement on racial inequalities in the criminal justice system, among other community service efforts.

Law Firm Innovation and Development

“Necessity is the mother of invention,” and the stress and constraints of COVID-19 has inspired many ideas to facilitate the adaptation required by the virus. The Pandemic Technology Resource Center, operated at PandemicIp.org is a non-profit website with a searchable database of COVID-19 adaption ideas and technology, contributed to the public domain. The goal of this initiative is to ensure useful adaption ideas are spread quickly, to reduce the spread of COVID-19. PandemiciP.org is led by Jim Sulciner, a technology entrepreneur for over 30 years and former CEO of RTD Company and the website PandemicIP.org was organized by the intellectual property law firm Schwegman Lundberg & Woessner, P.A. (Schwegman).

PandemicIP.org’s board members Janal Kalis, a partner at Schwegman, and Russell Slifer, a former Deputy Director of the U.S. Patent and Trademark Office, infuse the endeavor with their expertise in patent licensing and commercialization. This innovative website is a great place for users to search ideas and solutions, so others may benefit from the adaptations and discoveries made necessary by the virus. By sharing work, innovators can stand on each other’s shoulders and make the innovation’s required by these interesting times.

M&T Bank recently announced Nota, a Fintech tool designed to assist attorneys manage their trust accounts from their bank accounts. The ABA recommends attorneys complete a three-way reconciliation process and balance their books against client ledgers and their bank statement. Mistakes in this process can be time-consuming and expensive errors can lead to being out of compliance with state requirements and could mean inquiries, audits and possible disbarment. Nota was designed to simplify the trust account management process, creating a seamless and efficient tool for lawyers to adhere to their accounting requirements. The tool was designed for small law firms and solo attorneys, which may not have extensive staff for accounting procedures. Paul Garbian, president of Nota, says, “Nota is transforming the way lawyers manage their trust accounts. We’ve reimagined the process by connecting it directly to the bank accounts and making it more intuitive, so attorneys spend less time managing their trust accounts and more time practicing law.”

We’ll be back with more legal industry news in two weeks. Thanks for reading!

ARTICLE BY Eilene Spear and Rachel Popa of the The National Law Review / The National Law Forum LLC

For more articles on the legal industry, visit the National Law Review Law Office Management section.

The Bad Old Days: Why Nostalgia for In-Office Work Is Misguided

Nearly seven months into the pandemic, with “regular life” a distant memory, it’s understandable that some law leaders are grasping for the Before Times, casting familiar habits and routines in sepia and longing for the time when we can get back to the “good old days.”

This nostalgia seems to be driving a recent flurry of articles by senior law partners about how the loss of in-office work will hobble the next generation of attorneys. Without face-to-face interactions, the argument goes, associates will miss out on vital mentoring from senior partners, as well as the camaraderie and casual elevator banter that builds bonds and a sense of shared mission.

While no one can quibble with the latter (working from home can be lonely and boring — nobody ever asks “so how was your weekend?” when you are standing at the coffee pot in your own kitchen), admitting defeat on mentoring should raise a big red flag for anyone following current challenges in retention and advancement at law firms.

If this framing — a white man who holds institutional power saying “I wish I could mentor, but…” — sounds familiar, that’s because we also heard it at the height of the #metoo scandal. As accusations of abuses of power were coming to light and the perpetrators were, in some cases, being held accountable, other male leaders expressed concern, privately or in public, about mentoring women lawyers. In such a “sensitive environment,” what if something they said or did was misconstrued, and their well-intentioned efforts backfired? Best not to risk it. Best to continue mentoring lawyers who remind them of themselves.

Or maybe you have heard it in the context of racial inclusion, when white male senior partners (we hate to pick on them again, but minority women make up only 3.2% of law firm partners, according to the Institute for Inclusion in the Legal Profession’s 2019-2020 review) profess a sincere desire to mentor lawyers of color, except no lawyer of color has ever asked them for their help.

Now we find ourselves in new circumstances, with physical proximity slotting in as the barrier to mentoring the next generation of attorneys. And while it might seem different on its face, claiming that you can’t mentor someone unless you can interact with them in person during business hours is no less problematic than blaming potential accidental sexual harassment or lack of initiative by lawyers of color. That’s because when offices do begin to re-open, the first associates and junior partners to return will be white men. (Surveys and statistics show that lawyers in other demographic groups will be contending with remote learning, lack of childcare and care for other family members for far longer.) And under a mentoring rubric that views traditional work schedules and practices as essential, white men will continue to reap the benefits of the access to power and client contacts and high-profile assignments that they have always enjoyed.

Wash, rinse; repeat.

This problem with equity in training and development is completely predictable. (We are predicting it right now, and so are lots of other people.) Law firms have proved themselves to be extremely adept at solving all kinds of complex predictable problems, so this one should be no different. Of course law leaders acting in good faith can create new systems to sustain mentoring in this extraordinary time, and ensure that mentoring includes all attorneys, regardless of gender and race. (Whether they actually want to is a different question, but also an irrelevant one, since unprecedented focus and pressure on firms to become more inclusive workplaces means it’s not up to them anymore.) Here are some first steps to making it happen:

Get over your nostalgia. We all miss social interaction with colleagues, and lawyers maybe most of all, given that their jobs play such a large role in their identities. But be careful not to conflate conventions with business imperatives. The legal industry has experienced many other big changes that at the time seemed to threaten core aspects of the work process. (“How will we function without fax machines?!”) But then attorneys who were flexible and creative adapted, and law firms survived and found new ways to thrive. When client service is your core value, you find all kinds of novel ways to accomplish it, including by ensuring the critical development of powerhouse diverse teams who can meet client needs.

Acknowledge that the old mentoring system was already broken. It worked for some lawyers, but not for everyone, and in 2020 it is unacceptable to pretend like that’s not true. Mentorship and, even more important, active sponsorship, doesn’t happen “naturally” — it results from systems designed to yield those outcomes. Brokering a client relationship with a junior partner on the golf course at your all-white country club is the result of a system too, even if it simply feels to the participants like the way things have “always worked.” What would a mentoring system that includes women and lawyers of color look like? How would it be built? How could it be conducted remotely, and does remote work actually present some opportunities for equity that are not present in person at the office? When we stop revering the old ways of doing things, we open up space to think big and create something new. That should feel exciting, not limiting.

Get worried about the right things. All snark aside, law leaders should be concerned about how the pandemic will impact the careers of the next generation of lawyers. It is definitely harder to mentor from a distance, but an insistence on in-person connections will only (and very predictably) lead to inequality. Without thoughtful interventions, lawyers who return to the office first will get first dibs on high-value work and have greater visibility with leadership, leading to more positive performance reviews, increased compensation and promotions. But you can intervene to create a different outcome. Leaders who care about equitable training and development need to call on the expertise of diversity and inclusion experts for support in designing an approach to remote mentoring. It is possible, and they know how to do it. One thing is for sure: you won’t get there by applying yesterday’s solutions to today’s problems.

No question, law leaders are facing some of the hardest challenges they’ve ever seen. Let’s not make matters even worse by clinging to outdated thinking that will hobble our progress on equity and inclusion.

ARTICLE BY Debra Pickett of Page 2 Communications

For more articles on the legal industry, visit the National Law Review Law Office Management section.

A Lawyer, C.I.A. Analyst and a Crisis Management Specialist Walk Into a Bar…

Before James Comey headed up the F.B.I., he served as general counsel of Lockheed Martin Corporation. While at Lockheed, he spoke at the National Security Agency about how studying law is similar to the education intelligence analysts receive. “You read a case and decipher…relevant facts, the [outcome] of the case…you are drilled on your reasoning, challenged by other interpretations…clear writing matters…facts matter.” He went on to praise legal training “because it is an extraordinarily valuable tool in the world of intelligence.”

He elaborated on what he called a “uniquely lawyerly ability…to transport ourselves to another time and place. The ability to present facts to an imaginary future fact-finder, in an environment very different from the one in which we face current crisis and decision…we know that our actions, and those of the agencies we support, will be held up in a quiet, dignified, well-lit room, where they can be viewed with the perfect, and brutally unfair, vision of hindsight.”

Comey talked about how lawyers “must know how to say both ‘yes’ and ‘no,’ even when ‘no’ must be spoken into a storm of crisis, with loud voices all around, with lives hanging in the balance…and often, ‘no’ must be spoken in competition with the voices of other lawyers who do not have the courage to echo it.”

While I find Mr. Comey’s short remarks to be thoughtful and on target, I do take exception to his assertion that presenting facts to an imaginary future fact-finder is “uniquely lawyerly.” I would argue that same skill set is present in the men and women who practice the specialized art and craft of crisis management and crisis communications. They, too, must be able to quickly perform a situation analysis (often within the fog of information overload), look for connections and quickly play out a variety of scenarios, also knowing they will be second-guessed if things go awry. And just as important as lawyers giving red light-green light counsel, so must crisis management counsel be able to take a stand – and speak truth to power.

Bad things do happen to good people, to good companies, agencies, nonprofits, schools and hospitals. But as Greek philosopher Epictetus said, “It’s not what happens to you, but how you react to it that matters.” And when those things do happen, it’s important to have both lawyers and seasoned crisis managers in the room, each with the ability to say “yes” or “no” with conviction, backed up with the kind of experience that can’t be found in a book.

In that talk at the National Security Agency, Comey said, “It takes far more than a sharp legal mind to say ’no’ when it matters most. It takes moral character. It takes an ability to see the future. It takes an appreciation of the damage that will flow from an unjustified ‘yes’ (and) when it can be, to ‘no’ when it must be.”

I couldn’t agree more.

ARTICLE BY Bruce M. Hennes at Hennes Communications.

See the National Law Review Law Office Management section for similar topics.

Crisis Management – Your Law Firm or Bar Association’s Reputation is Its Largest Uninsured Asset

Partnership splits, sexual misconduct, data theft, management transitions, accusations of mal- and misfeasance, mergers & acquisitions and layoffs are just a few of the situations today’s managing partners and executive directors face.

It’s been said that a bar association or law firm’s reputation is its largest uninsured asset – an asset that can be seriously damaged with an ineffective crisis response.

Traditional media leap on stories like those listed above. And with the presence today of social media platforms such as Facebook and Twitter, not to mention a 24/7 media environment, the reputation you’ve built up with years of good work can be shattered in an instant.

Today, your brand can face a significant reputational challenge in the time it takes to bang out a feverish 140-character tweet. When it comes to social media, in particular, law firm and bar leaders no longer have the luxury of gathering around a table to discuss strategy. There’s simply no time.

Effective Crisis Response Is More Than An Emergency Plan

Often, law firms and bar associations will dutifully create an operational crisis plan, but lack a concomitant crisis communications strategy. So, what should your organization do?

The heart of crisis communications planning focuses on preparing for the most significant, gut-wrenching threats – both operational and reputational – that might affect your firm. To identify those threats, a “Vulnerabilities Audit” with top management (managing partner, CEO, CIO, CFO, CMO, GC, H.R.) will enable your team to assess the risks the firm faces, both in terms of their likelihood and the severity of the consequences they might have on the firm’s reputation or operations. The second part of the plan focuses on how your organization will communicate about those threats.

Having a crisis communication plan is an excellent first step. But a plan is no good gathering dust on a shelf. Many organizations next do crisis/media training to make certain they have trained executives who understand the needs and demands of today’s media, enabling the firm to deliver its messages clearly and with credibility.

The most-prepared organizations also do tabletop drills to test the plan and put their staff through the rigors of real-time crisis simulation, thereby improving the chances of responding effectively when the real thing hits.

Organizations that want to stay ahead of the curve also keep a sharp ear to the rail with a comprehensive monitoring program that closely watches news content delivery platforms — print, broadcast, web, mobile and social. And many progressive organizations have third-party crisis counsel audit their current plan as it evolves, to make certain there are no chinks in their armor.

What’s The Payback?

From a reputational perspective, how your firm or bar association communicates during a crisis will likely be just as important as how the incident is managed operationally. Good planning and training will mean:

A more coordinated, consistent and authentic communications response.
Improved communications with internal and external key stakeholders.
Improved communications with legacy media and social media resulting in more accurate coverage.
Better coordination among crisis team members, less redundancy and reduced stress.
Enhanced ability to maintain normal operations while simultaneously managing the crisis event.
Reduced damage to the organization’s reputation, with the possibility it may even be enhanced.

Your response to a crisis event must be rapid, strategic and authentic. Especially in today’s media landscape, where news breaks first on social media, “managing the message” is a necessary skill set for law firm and bar association executives (and not necessarily one of the skill sets that got you into the C-Suite).

When your organization’s reputation is on the line, so is your bottom line. Strategic crisis management and crisis communications planning is your brand’s most effective insurance policy.

ARTICLE BY Bruce M. Hennes at Hennes Communications.

For more on managing law firm reputation see the National Law Review Law Office Management section.

Building a Successful Law Firm—Without an Office

Rent is one of the largest expenses for law firms, sometimes taking up as much as 10 percent of their gross revenue. Too, it’s not uncommon for workers in large cities to have hour-plus commutes to their offices. The majority of today’s clients are more interested in efficiency and reasonable prices than how glamorous their lawyer’s office is. As a result, firms are choosing another way to work: virtual offices.

Marcia Watson Wasserman, Founder and President of Comprehensive Management Solutions, Inc., serves as a consulting COO for boutique and mid-sized law firms, helping numerous lawyers develop and sustain virtual offices. She joined the Law Firm Marketing Catalyst podcast to share her expertise and advice for lawyers considering moving toward virtual work.

Know who you’re working with

With a virtual office, you can’t pop into a colleague’s office or bump into them in the hallway. You won’t see what they’re doing on a daily basis, so you need to trust that they share the same goals, work ethic and commitment to firm culture as you. Marcia finds that people who have worked together at a brick-and-mortar firm before going virtual tend to work best, because an in-person relationship and sense of trust is already established. If you’re going virtual, find colleagues you already know personally, or at the very least, spend plenty of in-person time with them before committing to anything.

Understand your tech tools

It’s impossible to have a virtual firm without the help of cloud-based technology tools. To have a successful virtual firm, everyone must be an expert on those tools. Law firms are notorious for buying software, then failing to learn how to use it—that won’t fly with a virtual firm. You need remote systems and procedures that streamline your practice and benefit your clients, and everyone must be comfortable using them. At a minimum, you’ll have to invest both money and training time in document management software, video conferencing software, client portals for paying bills, collaboration tools and, of course, encryption and data security tools.

Cultivate communication

How to delegate work, how to offer feedback, how to manage work among teams, when and how to have meetings—these questions are equally important at virtual or brick-and-mortar firms. But at virtual firms, it becomes even more critical that you discuss them openly and have communications systems in place. When communication is only happening by email, it can easily break down. Video conferencing, phone calls and planned communication are the antidote to this problem. Virtual connection also needs to be backed up with in-person events like retreats and social gatherings, at least annually. Maintaining communication at a virtual firm isn’t just important for client work, it’s also crucial to maintain firm culture.

Working from home sounds great, but it’s not for everyone. Some people get lonely working remotely. Others get distracted or they lack the motivation to work if they’re not in an office. Just like lawyers, support staff must have the right personality and skillset to work virtually. Another element to consider with support staff is wage and hour law in your location. Most support staff are non-exempt, and you have to consider supervision, insurance and the myriad of issues that arise when you have staff working remotely. Management issues don’t go away when support staff is out of sight.

Take advantage of time to network

Virtual work doesn’t mean staying home staring at your computer all day. The majority of work might be done from your home office, but networking can still happen in person. Join organizations, go to meetings and attend events to stay connected to your profession and your colleagues. Virtual work also offers more flexibility to meet with clients and attend events important to their industry. You’ll get to know your clients at a deeper level, which they’ll appreciate, and it will get you out of your work-from-home routine—a win for everyone.

If you can’t go fully virtual, start small

Not every firm is suited to virtual work, but many firms can use some of its elements to their advantage. Especially in large cities, more firms are using co-working spaces or opening small satellite offices that are more convenient for lawyers to get to. With more attorneys working outside of the main office a few days a week, the next logical step for some firms is to encourage office sharing. It’s a huge cultural shift for partners to share an office, but it can offer tremendous space and cost savings, and this concept typically doesn’t faze young associates.

ARTICLE BY Sharon Berman at Berbay Marketing & Public Relations Firm.

For more on running a law firm, see the National Law Review Law Office Management section.

Legal Industry Updates from the National Law Review: Law Firm Moves, Hires and Response to Racial Injustice

The legal industry continues to respond to larger forces in society, and along with our usual focus on law firm moves, hires, and accolades, we take a look at the specific ways law firms are pledging to combat racism and fight for social justice in their communities and across the country.

Law Firm Moves, Hires and Recognitions

Down in Texas, Erin England joined Katten’s Dallas office as a partner in the firm’s commercial finance practice. England represents alternative lending institutions and banks in negotiating and structuring domestic and international commercial transactions. She also has experience in the real estate finance industry, representing lenders and borrowers in real estate and construction loans involving retail space and industrial properties.

“In the last two years, we’ve added leading attorneys like Erin in key growth areas such as commercial finance,” said Mark S. Solomon, managing partner of Katten’s Dallas office. “As an active member of several organizations committed to the hiring, retention, and promotion of diverse lawyers, Erin also shares in Katten’s deep commitment to diversity and inclusion, which is a fundamental part of the culture in our Dallas office.”

Also joining the Katten Dallas is Michael Gaston-Bell, who is the first labor and employment attorney in the firm’s Dallas office. His previous experience includes representing clients on Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA) and the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) workplace matters in state and federal court, and working with corporate leadership on complex and often crisis level employment issues, including internal investigations, unfair competition and major transactions in health care, entertainment, banking, military contracting and retail industries.

“Michael is a talented attorney who will offer our clients in Dallas and across the country exceptional employment litigation counsel,” said David Crichlow, national chair of Katten’s Commercial Litigation group. “He has the skills to succeed and a track record for being a true advocate of his clients who often face tough, complicated issues.”

Katten opened the firm’s Dallas office with seven partners in 2018 and has grown to over 40 attorneys in the past two years.

George Howard joined the Restructuring & Reorganization practice of Vinson & Elkins (V&E) in their New York City office as a partner. Howard represents distressed debt investors, asset purchasers, companies, banks and secured lenders in out of court restructurings, chapter 11 reorganizations, distressed M&A, cross-border insolvency proceedings, and secured financing transactions.

“We are focused on growing the firm’s restructuring team particularly to meet increasing client demand for company and debtor side representations,” said V&E managing partner Scott Wulfe. “George is a great addition to the team not only because of his significant debtor experience, which perfectly complements our existing strengths but also because he is a natural team player and a great cultural fit for V&E.”

Matthew Jones Ropes & Gray Attorney — Matt Jones Ropes & Gray

Ropes & Gray’s Chicago office added Matthew (Matt) R. Jones to the firm’s employment, executive compensation, and benefits practice group. Jones advises private equity firms and their portfolio companies on executive compensation in relation to complex commercial transactions. Jones also advises clients on Securities and Exchange Commission executive compensation arrangement reporting obligations.

“We are very excited that Matt has joined the firm,” said global private equity practice co-chair Neill Jakobe. “Chicago is a priority market for our clients and our firm, and it is critical that we continue to attract the top talent in this market. Matt is an exceptional fit from a strategic and cultural perspective and he will further enhance the value we deliver to our clients locally, and globally.”

Christopher Passodelis Jr., James M. Sander, Brandon T. Uram and Megan L. Tymoczko-Korch joined Steptoe & Johnson PLLC, working remotely from the firm’s Southpointe office in Canonsburg, Pa., with plans to move to the downtown Pittsburgh office this fall. All four attorneys practice in the firm’s Business Department, handling business transactions and corporate services and tax. Uram focuses his practice on transactions and business litigation.

“Chris, Jim, and Megan bring an entrepreneurial spirit and many decades of diverse experience representing businesses large and small to our firm. Brandon is a creative and fierce advocate for clients who are faced with litigation,” said CEO Susan S. Brewer. “As Steptoe & Johnson grows its presence in western Pennsylvania, they will play a key role in helping us meet our clients’ needs.”

Immigration attorney Sarah Hawk joined Barnes & Thornburg (B&T) as a partner, along with Of Counsel Terra Martin and Paralegal Elizabeth Wei. She has 20 years of corporate immigration experience representing universities, corporations, and individuals, and leads the firm’s Southeastern immigration practice.

“In this critical time, we couldn’t ask for a better resource for our clients than Sarah,” said B&T’s labor and employment department leader Kenneth Yerkes. “COVID-19 has complicated many employees’ immigration statuses, whether it stems from remote work, reductions in force, border closings or shortened internship programs.”

David F. Johnson of Winstead was named to the Board of Directors for the Texas Board of Legal Specialization (TBLS). Established in 1974, the TBLS is a certifies lawyers and paralegals in their specific area of law, bestowing certification upon demonstration of expertise, after passing a rigorous exam and demonstration of completion of CLE continuing education credits. Out of 110,000 attorneys licensed to practice in Texas, only 7400 are board-certified. Johnson, who writes extensively on Fiduciary law in Texas, is also Board Certified in Civil Appellate Law, Civil Trial Law, and Personal Injury Trial Law. He will serve a three-year term on the TLBS beginning July of 2020.

Law Firm Contributions to Social Justice

Law firms have responded in a variety of ways to the recent protests, civil upheaval, and calls for change surrounding the murder of unarmed minorities at the hands of police. Many law firms announced Juneteenth observances, and encouraged their employees to use the day as a chance to reflect on how to best encourage tolerance and justice in their lives and through their legal work.

Below is a sampling of some initiatives, pro-bono efforts, and other steps towards positive change announced by law firms.

One thousand attorney law firm BakerHostetler announced the firm’s intention to develop firm-wide plans to become a more “inclusive, diverse and successful place to work and thrive.” The firm announced plans to partner with civil and human rights organizations to develop an environment welcoming of honest conversations about race and discrimination, as well as resources to educate firm-wide to effect change. As an initial step, the BakerHostetler Foundation is donating $100,000 to the Equal Justice Initiative, a non-profit dedicated to justice, ending mass incarceration and police reform. Along with the donation, BakerHostetler acknowledges “like many other law firms, we have work to do to increase diversity among our attorneys and leadership, and we will not stop working to address these issues.”

A global law firm focused on technology and innovation, Orrick has also announced plans to advocate for racial equality and diversity in the legal industry. Along with increased resources devoted to the firm-wide pro-bono program, Orrick Cares, Orrick has also announced the Orrick Racial Justice Fellowship Program. This program will allow at least five attorneys within the firm to devote a year each to focus on social justice and civil rights issues.

Additionally, two associates with Orrick, Tatyanna Senel and Yasmina Souri rallied almost 1,000 attorneys to provide pro-bono representation to protesters in Los Angeles. Senel and Souri helped formalize a working relationship between Orrick and the National Lawyers Guild, an established bar association with a mission of using the power of the law for the people, by bringing together lawyers, law students, legal workers and jailhouse lawyers to work together on a wide spectrum of issues, and create change on the local, regional, national and international levels. The National Lawyers Guild (NLG) is one of the most progressive bar associations in the country, as well as one of the oldest, and the first to be racially integrated. Additionally, Senel and Souri activated their own networks to rally friends and colleagues to the cause. Senel says, “We’re [Senel and Souri] both passionate about the message, and we felt like there was something we could do with our law degrees.”

According to the LA Times, almost 3,000 protesters were arrested in Southern California during the upheaval surrounding George Floyd’s death. Through this partnership, NLG is able to deploy almost 1,000 attorneys with varying levels of expertise to provide legal defense to protesters arrested. Criminal Defense attorneys will handle the more complex matters, while attorneys with limited or no experience in criminal law will handle lower-level issues, like curfew violations. Additionally, the volunteers will provide training on how to act as a legal observer.

Wiggin and Dana LLP, in response to racial inequalities brought to the forefront by recent events, has announced the Wiggin Opportunity Initiative, a pledge to provide $10 million in pro-bono legal services to minority-owned businesses over the next decade. Managing Partner, Paul Hughes, said, “While born of current events and frustrations, the firm wants to do something that will outlast the spotlight of this particular moment and support long-term improvement in opportunity and equality in our communities. By leveraging the particular skillset of our sophisticated lawyers in a sizeable, sustained and focused effort over time, we hope to make real change in a way that we could not achieve by more modest, incremental efforts.”

The next step in the initiative is to identify, through collaboration with community partners businesses that could benefit from the initiative. The legal services will be available across a variety of practice groups in order to meet a variety of needs in the business community. With a ten-year commitment, the firm is hoping to develop long-term relationships with the minority businesses to form partnerships to amplify the success of the businesses, to best impart lasting change on the landscape.

WilmerHale is a full-service, international law firm with 1,000 attorneys is focusing their racial equality efforts on police reform. WilmerHale announced their intention to donate at least a quarter of a million dollars to organizations working on police reform efforts, and select two fellows to work with civil rights groups addressing issues related to systemic racism, criminal justice and holding police accountable.

Focusing on WilmerHale’s proven track record in Police Department Counseling, the firm has established a pro bono client initiative focusing on police reform and social inequities affecting minorities, focusing on police accountability—using WilmerHale’s long-standing expertise in advising police departments in Baltimore and Chicago under Department of Justice (DOJ) investigation to assess practices and bolster public safety by helping departments adopt best practices. WilmerHale indicates these steps are just the beginning, saying: “These are our initial steps in our efforts to ensure meaningful change. We plan to build on and expand this work.”

Many law firms have announced their intention to contribute financially as well as look internally and find ways to make their own workplaces more inclusive, by formalizing initiatives to increase diverse attorney representation across the industry. In fact, to further this goal, over 125 law firms have joined the Law Firm Antitracism Alliance, with the purpose of:

. . . leveraging the resources of the private bar in partnership with legal services organizations to amplify the voices of communities and individuals oppressed by racism, to better use the law as a vehicle for change that benefits communities of color and to promote racial equity in the law.

Through coordination of Pro-bono efforts, law firms will partner with legal services organizations to “identify and dismantle structural or systemic racism in the law.”

On June 18, 2020, the U.S. Supreme Court ruled that the Trump Administration could not continue with its plan to dismantle the Deferred Action for Childhood Arrivals (DACA) program, and the 700,000 DACA recipients are protected from deportation and their work authorization remains valid. The decision, the Department of Homeland Security et al. v. Regents of the University of California et al. was celebrated as a major victory by immigration activists working on behalf of DACA recipients.

Akin Gump, wrote an amicus curiae brief on behalf of the respondents, in conjunction with the American Historical Association, the Organization for American Historians and the Fred T. Korematsu Center for law and Equality, along with over 40 individual historians, supporting the legal challenge to the Trump Administration’s decision to rescind the DACA program. The brief looks at the historical context of decisions such as these, with a focus on the coded language and implicit bias used by the government to support policies. The brief indicates, in part:

. . . [A]mici seek to ensure that this Court understands the ways in which racially coded language has been used by government actors, both past and present, to mask illicit discriminatory motives—particularly in the immigration context, including the rescission of DACA.

Pratik Shah, co-head of Akin Gump’s Supreme Court and appellate practice, pointed out that many DACA recipients have only ever known the United States as their home, and all who earn DACA protection had done so by furthering their education or serving in the military. He says, “The Court’s decision that the administration cannot arbitrarily upend the lives of hundreds of thousands who arrived in our country as children . . . is a victory for both the rule of law and common decency.”

Julius Chen, corporate partner Alice Hsu and litigation senior counsel Jessica Weisel worked with Mr. Shah on the brief.

It’s impossible to say what will come next in 2020, but we’ll have more legal industry news in a few weeks. Stay safe and sane until then!

ARTICLE BY Eilene Spear and Rachel Popa at The National Law Review / The National Law Forum LLC.

For more legal marketing news, see the National Law Review Law Office Management section.

How Marketers Can Better Support Inclusion for Women Lawyers of Color — Today

A new in-depth report from the American Bar Association, Left Out and Left Behind: The Hurdles, Hassles and Heartaches of Achieving Long-Term Legal Careers for Women of Color, draws on data and interviews to tell the story of what life is like for women lawyers of color. The report, authored by social scientist Destiny Peery, past ABA president Paulette Brown and Chicago attorney Eileen Letts, demonstrates why, despite increased efforts by firms and the profession generally, to improve diversity and inclusion, women of color continue to face barriers to advancement and are much more likely than white women counterparts to leave the profession.

This report is essential reading for any law leader who is serious about making true substantive changes that will improve the retention and advancement of women of color — particularly those leaders whose firms are posting “Black Lives Matter” messages in internal communications and on social media channels. Becoming an antiracist law firm does not end with a slogan or “messaging” — it requires an honest examination of formal and informal policies and practices, and a reckoning with the impact of those policies on lawyers of color. Then it’s time to reimagine how your firm runs to make sure opportunities are fairly distributed.

While it’s very important to hear and sit with the stories individual lawyers share from their experience of implicit and explicit bias, if I know my audience of driven, task-oriented marketers and communicators, you will be skipping to the end, where the report recommends next steps for firms that want to take action. Below I outline those general recommendations, and then consider the role of the marketing department in helping to make them a reality.

Adopt Best Practices for Reducing Biases in Decision-Making. “[P]revious research that has shown that high levels of subjectivity in promotion standards, selection for assignments, compensation decisions, and performance appraisals are often colored by stereotypes and serve as institutional and structural barriers to the advancement of women of color and other underrepresented attorneys.”

What Marketers Can Do: How does your department determine which partners receive marketing and communications support as they work to build their business? Is there a way to distribute those resources — help with individual lawyers’ social media channels, assistance writing and placing thought leadership, nominations for awards and key boards of directors — more fairly to elevate your firm’s diverse attorneys? How can you help advise up-and-coming partners on which opportunities will be the best use of their limited time and make the biggest impact on their business development?

Improve Access to Effective, Engaged Mentors and Sponsors. “[W]omen of color are especially likely to report that they lack access to mentors or sponsors who are well-connected and have power and influence to both clue them into important dynamics of the workplace and effectively advocate for them.”

What Marketers Can Do: Marketers have a great opportunity to help create mentorship and sponsorship relationships through the business development and proposal-writing process. By now, most rainmakers and practice leaders understand that business clients demand to be served by diverse teams. So they’re being thoughtful about including diverse attorneys in pitch decks and other materials. You can help move that inclusion to the next level by adding a follow-up communication step to your BD process in which all named/pictured team members de-brief and offer feedback. This is a simple way to build a platform upon which younger and diverse attorneys can demonstrate their value in front of the senior partners who can shape their career opportunities. In addition, you can use channels like the internal firm newsletter to educate more senior partners on how to effectively advocate for diverse attorneys — and, in doing so, help the firm stand out as a leader on an issue that matters very much to clients.

Take an Intersectional Approach to Addressing Diversity and Gender. “[B]lindness to or ignorance of the ways that gender and race (as well as other social identities) can interact to create distinct experiences” has so far limited what firms have been able to achieve. Firms must acknowledge that, while they are still disadvantaged, white women’s careers develop differently because of their access to privilege. They navigate networking differently, are viewed differently by colleagues, clients, and judges, and receive distinct treatment when it comes to work distribution and performance evaluation.

What Marketers Can Do: Take a look at how you use words like “diversity,” “equity,” and “inclusion” in internal and external firm communications. Do you grapple with intersectionality — that is, the way that experiences of race and gender (and class and sexuality and ability) intersect for your attorneys — in your messaging? Are there ways that your “diversity” initiatives and communications erase the experience of women who are not white? How could you make changes to address this issue?

“[O]ur participants mentioned again and again the myriad ways that the culture of the legal profession interfered with their abilities to succeed, to feel valued, and sometimes to persist in the legal profession.”

What Marketers Can Do. So much! 1) Take a look at your firm’s (pre-Covid, in-person) events. Where are they typically held? Do you always choose locations and activities that are most comfortable for wealthy white men? How might you change things up? 2) Does your firm have a written editorial style guide? If so, does it include a section on inclusive language so that everyone knows how to use language in the most inclusive ways possible? 3) If your intended audience for your internal firm communications is “everyone,” are you sure your language and framing actually accomplish that goal, or are you unintentionally treating a white reader as the default? 4) What other unexamined policies, practices, habits and conventions may implicitly communicate to diverse partners that they don’t fully belong? Learning how to spot potential for “othering” and exclusion in communications and other marketing activities is an important skill your department needs to teach its junior members and encourage them to practice.

True change that makes law firms into more equitable and inclusive workplaces for all lawyers must happen on both the systemic and individual levels. While many of the most sweeping and necessary changes are out of the hands of junior and senior legal marketers, there are plenty of things we can do within the scope of our influence that will make a difference. And the time to start is now.

ARTICLE BY Debra Pickett at Page 2 Communications.

For more on diversity in law firms, see the National Law Review Law Office Management section.

Law Firm Strategic Additions

Law Firm Recognitions and Attorney Awards

Law Firm Innovation and Initiatives

Share this:

Like this:

Share this:

Like this:

Ensure a proper workspace setup

Minimize loneliness and isolation

Overcome communication challenges

Don’t forget about encouragement and celebrations

Establish a culture of ownership and accountability

Share this:

Like this:

Law Firm Moves & Hires

Attorney Awards and Recognitions

Law Firm Innovation and Development

Share this:

Like this:

Share this:

Like this:

Share this:

Like this:

Effective Crisis Response Is More Than An Emergency Plan

What’s The Payback?

Share this:

Like this:

Know who you’re working with

Understand your tech tools

Cultivate communication

Take advantage of time to network

If you can’t go fully virtual, start small

Share this:

Like this:

Law Firm Moves, Hires and Recognitions

Law Firm Contributions to Social Justice

Share this:

Like this:

Share this:

Like this: