Category: Legal News

There’s a Fake News Pandemic. Could COVID-19 and Trademarks be the Cure?

As political divides widen, accusations of differing viewpoints being “fake news” have become almost commonplace.  But during the COVID-19 pandemic, fake news has taken a more dangerous and sometimes deadly turn.

Fake news stories with fabricated COVID-19 data, sensational origin stories (it was NOT predicted by Nostradamus or created in a lab in China as a biological weapon), and baseless advice on how to protect against the illness are spreading almost as fast as the virus itself.

Fake news around COVID-19 has been directly linked to higher rates of infection, a rise in hate crimes and discrimination, increased anxiety, and further economic devastation, all of which exacerbate the current pandemic.  Even more troubling, information learned from fake news is more persistent and longer-lasting in a reader’s mind than genuine news sources because of its often sensational nature.

Fake news is a pandemic, and thus far, there is no cure.

Fake News: A brief history

Fake news is defined as “fabricated information that mimics news media content in form but not in organizational process or intent.” Although real news outlets may sometimes print opinion pieces that are more conjecture than fact, or even occasionally erroneously report particular facts amounting to poor reporting, their intent is to report noteworthy information, especially about recent or important events. Fake news, on the other hand, disguises itself as real news in an attempt to “cloak itself in legitimacy and to be easily shareable on social media” without any genuine intent to inform the public or attempt to be truthful.  Rather, it is intended to get clicks (e.g., readers) so as to increase advertisement sales.

Fake news isn’t new.  Its roots can be traced back to at least as early as the sixth century A.D.40 when Procopius, a Byzantine historian, disseminated false information, “known as Anecdota [to] smear the reputation of the Emperor Justinian.” Social media and online advertisement sales, however, have turned it into a seemingly unstoppable beast.

With social media, it is easier than ever to rapidly spread information without verification of the contents or source. Approximately seven-in-ten Americans (of all ages) currently use social media to connect with others and engage with news content, and approximately 43% of adults get their news from Facebook.

With the mere click of a button, a completely fabricated story can be instantly shared with hundreds of people, who in turn can share the story with hundreds more, and so on and so on.  The more click-baitey (i.e., catchy) the title, the quicker the story spreads and the more advertising money the author generates.

Unfortunately, in today’s climate, sensationalism is often more rewarding than the truth.

Legal Avenues are Ineffective to Combat Fake News

Fake news generally takes one of three forms:

  • Type 1-Spoofing: A content provider spoofs a legitimate news source to confuse consumers as to the source of the information (e.g., a fake FORBES Webpage circulating fake articles);

  • Type 2-Poaching: A content provider creates a publication that is intentionally confusingly similar to a recognized news source (e.g., registration of washingtonpost.com.co with a home page that mimics the WASHINTON POST) so as to poach consumers intending to visit a legitimate news source; or

  • Type 3-Original Sensationalism: A content provider creates an original publication under which to provide content, but relies on the sensational nature of the publication to disseminate the content via social media platforms.

Spoofing and poaching, as described above, typically violate several trademark laws.  The creation of a Webpage that spoofs a legitimate news outlet or appears confusingly similar to the news outlet’s brand is likely direct infringement of the news outlet’s trademarks.  Similar arguments could be made under the Lanham Act’s unfair competition and dilution frameworks (if a mark is famous enough to be spoofed, it is likely famous enough to be diluted).  Fair use defenses would also likely be unsuccessful (fair use for parody and satire does not apply where the intent is not to parody or satirize, but rather merely to confuse the relevant public and profit off of the goodwill of the mark).

Website owners, however, can sometimes be difficult to identify (they are often in foreign countries) and new sites can be created faster than infringing sites can be identified and shut down.  News outlets can thus wind up incurring large legal fees to shut down infringing sites in a proverbial game of whack-a-mole with little to no chance of recouping their costs from the bad actors themselves who live to infringe another day.

Several spoofing and poaching Websites owned by Disinformedia, a Web-based fake news content provider, have been shut down (see washingtonpost.com.co, nationalreport.net, and usatoday.com.co) as infringing the trademarks of major news outlets, but fake news is still on the rise.  This is because original sensationalism (type 3 above) is the most common form of fake news and it is nearly impossible to halt through legal action.

Fake news content providers have long relied upon free speech protections.  As long as fake news sources do not pretend to be other news outlets or to confuse readers as to the source of their content (i.e., spoofing and poaching), there is little that the legal system can do to stop the spread of information they may publish, no matter how false.  In very exceptional cases of falsehood, defamation suits may succeed, but these are rarely raised and even harder to prove.

Although legal avenues may not be effective at halting the spread of fake news, trademarks may still ultimately hold the key to stopping the fake news pandemic.

How Fake News is Hurting Facebook’s Brand

Social media platform owners have long held that social networks should not be the arbiters of speech. Mark Zuckerberg, CEO of Facebook, has repeatedly argued that Facebook and similar social media platforms were designed to give everyone a voice and bring them together and that to curtail such speech, no matter how false or offensive, would be to stifle free speech.

This has been a hard line for Mr. Zuckerberg and other social media giants like him.  Even after evidence came to light that foreign powers weaponized fake news to affect the 2016 election, Facebook’s official position on this point did not shift.

However, after months of Facebook failing to remove fake news stories surrounding COVID-19 from its platform, nonprofit groups began to label Facebook an “epicenter of coronavirus misinformation” and advertisers began to boycott the social media platform until it reformed its stance on known fake news stories.

Facebook soon released an official statement that it would finally be taking steps to “connect people to accurate information from health experts and keep harmful misinformation about COVID-19 from spreading”.  During the month of April alone, Facebook placed fake news warning labels on about 50 million pieces of content related to COVID-19 and redirected over “2 billion people to resources from the WHO and other health authorities” via an integrated COVID-19 information box and pop-up warnings notifying users that they had engaged with a fake news article relating to COVID-19.

Facebook’s response to COVID-19 misinformation has proven that it can prevent the spread of fake news without sacrificing its commitment to free speech.  If free speech is no longer an impediment to stopping misinformation, then it is time for Facebook to address the prevalence of fake news on its platform.

Seven-in-ten Americans use Facebook, yet over 60 percent of all Americans now believe the news that they see on social media is fake.  Fake news is ultimately hurting its brand.

As Harvard Business School professor David Yoffie explains, social media platforms such as Facebook have developed goodwill (i.e., trust) in their brands over time.  That goodwill is borrowed by every shared news story, whether real or fake.  When Facebook users see articles generated from an unknown source, they believe the article is factual because it is shared by real people on Facebook and subconsciously or consciously assume that Facebook approves the content.

If the majority of Facebook users now believe that the news they see on social media is fake, then they have lost trust in Facebook itself, thus diluting Facebook’s brand.  As fake news continues to dilute the Facebook brand and associated trademarks, Facebook is at risk of further losing goodwill, users, and, perhaps most importantly to Facebook, advertising dollars.

Few would argue that Facebook has an altruistic interest in the spread of fake news on its platform, but the Facebook brand will continue to be diluted if it does nothing to stop the spread of fake news.  Facebook has taken the first steps to identify and target fake news on its platform brand as it relates to COVID-19, but only time will tell if Facebook will expand these measures to apply to other types of fake news stories.

It took COVID-19 to force Facebook to take steps to protect its trademark (i.e., brand) and confront fake news.  Perhaps it takes a pandemic to face a pandemic.

Copyright 2020 Summa PLLC All Rights Reserved

For more on COVID-19 see the National Law Review Coronavirus News page.

IMS Insights Episode 11: COVID-19 Analysts Briefing on Litigation Impacts

To better understand how the COVID-19 pandemic is impacting the commercial litigation community, IMS ExpertServices conducted analysis and gathered input during the first half of April from more than 400 attorneys, in-house counsel, experts, and stakeholders throughout the commercial litigation community.

In this special podcast feature, you’ll hear commentary from the April 30 Analysts Briefing hosted by IMS on the study’s top findings and other key trends for commercial litigators, with discussion from a panel of thought leaders including:·

·         James Crane, Chief Revenue Officer at IMS ExpertServices

·         Rudhir Krishtel, Certified Co-Active Coach and Facilitator with Krishtel Coaching, Former Senior Patent Counsel at Apple, Former Partner at Fish & Richardson, and IMS Thought Leader and Contributor

·         Nate Robson, Litigation Editor at The American Lawyer

·         Eilene Spear, Operations and Project Manager at The National Law Review

·         Ty Sagalow, Commercial insurance expert and IMS thought leader and contributor

© Copyright 2002-2020 IMS ExpertServices, All Rights Reserved.

For more on COVID-19 litigation, see the National Law Review Coronavirus News section.

 

What’s Ahead: An Amendment to Rule 30(b)(6) That Requires Parties to Confer

It’s getting more complicated to take and defend depositions because of the COVID-19 pandemic. And now there is a proposed new change to the Federal Rules of Civil Procedure that would require parties to confer before a plaintiff takes the deposition of a corporate representative. Specifically, the Judicial Conference Advisory Committee on Civil Rules has proposed an amendment to Federal Rule of Civil Procedure 30(b)(6) that requires parties to confer in good faith before the deposition takes place about both the topics and the identity of the witness or witnesses.

In some ways, this change isn’t new. Because many attorneys already have this type of discussion with opposing counsel before a corporate representative deposition, and the Advisory Committee notes make it clear that the parties aren’t required to reach an agreement, many think the amendment won’t change much. And its intentions are good. The Advisory Committee developed the amendment to try to avoid disputes about “overlong or ambiguously worded lists of matters for examination and inadequately prepared witnesses.”

But, as with most things, the devil is in the details. Some fear that the requirement will create more disputes about these depositions than it will prevent.

First, if the parties must confer about the identity of the witness, that could undermine a corporation’s right to choose its witness. The Advisory Committee notes state that the corporation still has the right to choose its deponent, but the rule change could encourage motion practice geared toward preventing a corporation from designating a specific person or trying to force a corporation to designate C-suite executives, rather than the person who the company believes is the right person to testify.

Second, the amendment could incentivize a party to request multiple witnesses so that they can take multiple, seven-hour depositions. These incentives already exist to some extent under the current rules, but the new rules may increase them.

Third, absent from the proposed amendment is any deadline by which the parties must confer or when the discussions should end. The Advisory Committee notes state that “the conference process must be completed a reasonable time before the deposition is scheduled to occur.” Without a set deadline, repeated or eleventh hour requests for a conference could lead to harassment and make it difficult for defense counsel to prepare a witness to testify about ever-changing topics. While this risk can be minimized by communication, it likely can’t be avoided entirely. Finally, the new rule also does not address what happens if the conference does not happen, or if one party refuses to participate.

The proposed amendment to Rule 30(b)(6) is not yet finalized. It must still be approved by the U.S. Supreme Court. If the Court approves, the new rule could take effect as early as December 1, 2020, unless Congress prevents it. If it takes effect, attorneys can expect to spend more time conferring with opposing counsel before a corporate representative witness deposition. Inside and outside counsel for corporations should begin to prepare for this new rule, even while they are facing the additional challenges of today.

© 2020 Schiff Hardin LLP

For more on changes to legal procedures, see the National Law Review Civil Procedure section.

National Law Review: Coronavirus Update

The National Law Review continues normal operations
as we are a virtual company.

If you have any questions or need assistance, please contact us at Info@NatLawReview.com or at 708-357-3317 M-F 7-7 and midday weekends and holidays.
Due to the virus and surrounding legal issues our traffic has soared to over 200,000 visitors and over 250,000 page views yesterday alone. We’re on track to have 1,500,000+ visitors in March.
We sincerely hope for your family and co-workers to remain safe – if you’d like resources about how businesses and individuals are navigating the pandemic, we have a dedicated page with over 200 articles written by the nation’s top law firms on the topic.  Groups including SHRM have directly linked to this resource page.
If your company or professional association needs a consolidated, reliable resource that is updated hourly, we encourage linking to our Coronavirus Resource hub.

Copyright ©2020 National Law Forum, LLC

Legal Industry Trends for November 2019: Law Firm News, Diversity Awards and Legal Technology Updates

As we march on to the end of 2019 and into the holiday season, the legal industry continues to buzz with constant development and innovation.  Read on to learn about a few of the highlights happening in law firms across the United States, legal technology developments that are changing the way law is practiced, and things to anticipate in 2020.

Law Firm Developments, Hires and Moves

Buchalter recently announced the formation of a new Cannabis & Hemp Industry Law Group  This, in many ways, is formalizing a group that has been operating for several years. In 2013, it all began when a client of the firm was tasked with operating a medical cannabis collective.  Since then, the group has expanded to over 100 clients in the industry utilizing over twenty-five lawyers across each of its practice groups, demonstrating the broad reach of the cannabis industry.  Building on those early experiences, Buchalter’s Cannabis & Hemp Industry law group will assist businesses in the industry across a variety of areas, including intellectual property, tax, real estate and financing.  Oren Bitan, Shareholder in the LA office will co-chair the group with Martin P. Florman, Managing Shareholder of the Orange County office.  Florman says, “We anticipate significant growth of this industry over the next decade while we continue to offer clients unparalleled expertise in distressed assets, banking and the Bank Secrecy Act, and real estate related concerns in this rapidly evolving industry.”

Davis Graham & Stubbs LLP, in Denver, Colorado announced the addition of four associates Omeed M. Azmoudeh (Trial Department); Stephanie Block-Guedez (Finance & Acquisitions Department); Molly Kokesh (Trial Department); and Rob McCary (Finance & Acquisitions Department).  These additions will bolster the firm’s litigation and finance and acquisitions department, and two of the associates, Azmoudeh and McCary, were formerly summer associates at the firm.

Jeff Cody Norton Rose Fulbright
Jeff Cody of Norton Rose Fulbright

Norton Rose & Fulbright recently announced the election of Jeff Cody as its U.S. Managing Partner, effective Jan. 1, 2020.  Cody will also serve as Chair of the U.S. Management Committee.  The outgoing managing partner, Daryl Lansdale, says: “Jeff has a passion for our firm, its people and our clients. Our partnership has the utmost confidence in Jeff to provide leadership and vision during a time of change and innovation in the legal profession.”

Cody has been a partner with the firm since 2001, and is based in Norton Rose’s Dallas office.  He has significant experience in complex commercial disputes in healthcare, financial and information technology industries; specifically healthcare reimbursement matters, complex stock and asset purchase and sale agreements, and information systems development projects.  Cody: “I am proud and honored to be entrusted by my partners with this leadership responsibility. I am confident in the firm and optimistic about our future in this dynamic legal landscape. With leading lawyers across the U.S. and around the world, we stand committed to delivering a superior client experience with high-quality and high-value legal advice.”

Manatt, Phelps & Phillips, LLP announced that digital health regulatory advisor Yarmela Pavlovic will join the firm as a partner in its Health and Digital and Technology Groups. Yarmela has extensive experience working with digital health, software as a medical device and assisting life sciences companies as they navigate the FDA approval process. Lisa Suennen, who leads Manatt’s Digital and Technology practice, says: “Healthcare products and services companies at the intersection of technology and health are facing increasingly complex and rapidly changing regulatory processes, requiring expert counsel to plan and engage with the regulatory bodies that make it possible for high-quality health innovations to come to market. Yarmela’s experience will be a tremendous value-add to our already significant capabilities in the digital realm.”  Pavlovic, who describes her work as  “a mix of legal and consulting” is excited to join Manatt, and says: “Manatt is the ideal next step in the growth of my practice and will help me provide an even wider array of capabilities to both startups and large companies that engage with the FDA.”

Calfee, Halter & Griswold LLP recently announced the hiring of Phillip A. Casey to co-chair Calfee’s Public Utility Regulatory practice group.  Casey has more than 25 years of experience in energy law focusing on public utilities, both in house and within a law firm.  His experience includes economic regulatory matters, corporate governance, new entrant certification, and regulatory strategies across jurisdictions.  Additionally, he has incident response experience and major litigation management in this field.  Casey calls Calfee’s energy practice “an incredibly talented group of experienced attorneys” and he says, “I look forward to demonstrating Calfee’s capabilities and leadership beyond Ohio and throughout the Midwest in this new role.”

Law Firm Awards, Recognition and Achievements

Benchmark Litigation, designed to feed the need for specialized study in the labor and employment practice area, provides rankings based on law firm questionnaires, peer review interviews and client reviews.  The publication recently announced its second annual Labor and Employment guide and included three attorneys from Ward & Smith as “Labor and Employment” Stars: Ken Gray, Will Oden, and Devon Williams.  Oden and Williams lead the firm’s Workplace Safety and Health Practice and the firm’s Labor and Employment practice, respectively.  Gray focuses his practice on employment-related litigation, advising clients from start-ups to Fortune 500 companies on breach of employment contracts, employment discrimination and wrongful discharge matters.

Ballard Spahr was recently named the “Law Firm of the Year” recognition for Litigation – First Amendment in 2020 Best Law Firms by U.S. News & World Report. This was on top of the 25 National Tier 1 rankings the firm achieved across a variety of areas, and especially noteworthy as only one law firm per legal practice earns that designation.  Firm Chair Mark Stewart sees the award rankings as evidence of the success of the firm’s efforts to grow nationally in depth and experience.  Stewart: “By executing our plan to expand thoughtfully and strategically, and keeping our focus on legal excellence and client value, we are serving more clients better than ever before.”

Jeff White Robinson Cole
Jeff White of Robinson Cole

Jeff White of Robinson Cole was recently named a  “New England Trailblazer” in the inaugural list by Law.com and Connecticut Law Tribune for demonstrating an ability to “move the needle in the legal industry.”  White, the chair of Robinson Cole’s Manufacturing Industry Practice, has significant experience on national and international issues related to the manufacturing industry, and this recognition is further evidence of his understanding of the challenges and need for change in some areas facing the industry. White: “With technological advances driving the boom in manufacturing, we need to continue to innovate in the kinds of things we’re focusing on. Our job as lawyers is to stay on top of these developments, because they’re going to have major implications that manufacturers deal with going forward.”

Under White’s leadership of Robinson Cole’s Manufacturing practice group, the group has risen to prominence as a leader in the field.  One of his signature achievements was the creation of the  Manufacturing Law Blog, which focuses on issues related to manufacturing rather than casting a wider, more business in general, net. In further recognition of his leadership in the manufacturing industry, in May of 2019 Robinson+Cole was recognized with the President’s “E” Award for Export Service by the United States Secretary of Commerce. The “E” award, established by President John F. Kennedy in 1961 is the highest recognition any U.S. entity can receive for making a significant contribution to the expansion of U.S. exports. Robinson+Cole was the only law firm in the country to receive the honor in 2019.

Law Firm Diversity Recognition

The law firm of Bryan Cave Leighton Paisner was recognized for its long-standing commitment to diversity by the Leadership Council on Legal Diversity, or LCLD.  The organization named the firm a 2019 Top Performer and a 2019 Compass Award winner, one of only 21 member organizations that earned both designations this year. The awards indicate a participation in the organization’s programs, such as the Fellows and Pathfinder programs, as well as at least one pipeline program (Mentoring or 1L Scholars).

Bryan Cave is a long-standing member of LCLD, having been a member since the organization began.  BCLP participates in the organization’s Fellows and Pathfinder programs, as well as the 1L LCLD Scholars Program and the LCLD Success in Law School Mentoring Program. The recognition came recently at LCLD’s Annual Meeting in Washington, D.C.

In more good news about legal industry diversity,  the Diversity and Flexibility Alliance recognized fifty-one law firms for having a partner class in 2019 comprised of 50% or more female partners.  These firms “tipped the scales” and were identified in the New Partner Report.  The Report, a compilation of publicly available information and reported sources, revealed that 41.3 percent of new partners in 138 major U.S. law firms in 2019 were women, an increase of just over 2% from 2018.  As well as the annual increase, the New Partner Report showed that women promoted to partnership is on an upswing overall, with an 8.1% increase since 2012, and more firms across the board are promoting partner classes that are more than 50% women, showing a trend towards “tipping the scales.”  Click here for a full list of firms that were recognized for their 2019 Partner Class.

Law Firm Accomplishments and Deals

Sherin and Lodgen’s Renewable Energy Team represented Cambridge Savings Bank in developing a portfolio construction bridge and term loan for three ground-mounted solar facilities in Massachusetts.  The project, built by Kearsarge Energy, will generate 8.8 MW of energy and features a 1.6 MW advanced technology battery storage component and will be one of the first to be implemented under the SMART program.  The battery storage component is especially exciting, as industry analysts think this type of storage has the power to transform the renewable energy development and distribution in the near future.  Sherin and Lodgen’s renewable team was led by Bethany A. Bartlett, renewable energy chair, and  Colleen V. Collins, of counsel, and Tyler N. Ballew, and included syndicate partners Eastern Bank and Middlesex Savings Bank.

Global law firm DLA Piper represented  SunTrust Robinson Humphrey and SunTrust Bank in closing of U.S. $60 million credit facility for Electric Entertainment.  Electric Entertainment is a LA based production company founded by Dean Devlin.  Devlin is a well-known producer, whose credits include films such as Stargate and Independence Day, and television series like The Librarian and Leverage.  The credit facility will finance upcoming projects on WGN and the CW, and develop other film and television projects. The DLA Piper team representing SunTrust Robinson Humphrey and SunTrust Bank was led by partner Tom Ara, co-chair of the firm’s Entertainment Transactions and Finance practices, and included partner Afshin Beyzaee and associates Greg Young, Payvand Coyle and Rahul Sajnani (all of Los Angeles).

Looking at Pro-Bono work, during National Pro Bono Week in the United Kingdom, and Hogan Lovells ranked number one in Legal Week’s survey for the firm’s pro bono efforts in the UK.  The firm did a total of 27,704 pro bono hours in the UK for 2018, and the publication also recognized the firm’s contribution to a variety of projects, including the Westminster and London Bridge inquests.  Yasmin Waljee, International Pro Bono Director of Hogan Lovells called the recognition “fantastic.”  She said: ” It is not the hours of pro bono that matter but the remarkable impact of the work undertaken by all the firms listed and those that were not.”

Legal Industry Trends, Research and Upcoming Events

Legal Technology company InCloudCounsel announced two new software automation enhancements powered by proprietary research in AI and machine learning.  The developments are an Automated initial contract review; that automatically scans and flags clauses that conflict with negotiation requirements, helping to ease the negotiation stage and expedite the review process.  The next piece comes into play when negotiation is finished–an AI-powered scorecard creates an abstract summary of key terms in the agreement, scanning the final agreement identifying the key terms in the common clauses.  These tools were developed with InCloudCounsel’s proprietary technology, and assist attorneys in working more efficiently and accurately, maximizing their efforts to deliver legal services to their clients.

Hadayat Seddiqi, led the innovation process in his role as director of machine learning at InCloudCounsel.  Hadayat’s resume includes work on space exploration robots at NASA, quantum computing at the Department of Energy and DNA sequencing software with a biotech startup. He says,  “Our artificial intelligence models bring valuable tools to a field that historically has been very difficult to build similar solutions for.  Our models are understanding increasingly complex abstract language and concepts – allowing our proprietary AI to automate a growing number of narrow tasks.”

The Legal Marketing Association released its agenda for the organization’s annual meeting in Denver, Colorado on March 25 -March 27, 2020.  The committee putting the conference together, led by Kristen Bateman Leis of Parker Poe and Jonathan Mattson of BakerHostetler LLP, have put together an agenda focused around the organization’s body of knowledge, with an emphasis on wellness and mental health.  The keynote speaker, Baratunde Thurston, a comedian, writer and cultural critic whose resume includes work with the satirical Onion, advisor to the Obama White House and work on The Daily Show with Trevor Noah.

Future Marketing Insights recently released a new intelligence report, projecting that legal transcription investments will increase, and those investments will focus on automation of legal transcription services.  The demand for legal transcription solutions is global, and accounts for revenues worth 3 billion, indicated by the FMI insights report.  This is anticipated to grow at a Compound annual growth rate of  ~6% for the next ten years.  The report indicated a heavy investment in legal tech startups in Asia Pacific, driving innovation.  Additionally, new and improved Automation and Machine Learning technologies, coupled with Natural Language Processing are expected to fuel growth. Challenges include diverse pricing models and legal formats, and customers are demanding predictability and pricing consistency.  The market is fragmented and major players are still jockeying for regional dominance–and focusing on innovation, to make the most of the technologies available.

That’s what we’ve got for now.  Stay warm and enjoy the upcoming Holiday Season!

Copyright ©2019 National Law Forum, LLC

For more recent law firm news see the National Law Review Law Office Management page.

Legal Research News; Law Firm Updates and Awards and Law School Admission Changes: September 9, 2019

Labor Day is in the rearview, and the legal world churns on, with new developments, innovations and changes coming in on an almost a daily basis.  This week’s update on the trending news in the legal industry features Clark Hill merging with Las Vegas litigation boutique firm Gentile Cristalli Miller Armeni Savarese, former FedEx Senior Vice President responsible for US Litigation joins Bradley, and six attorneys from Le Clair Ryan move to Fox Rothschild.

Read on to learn more about what’s happening.

Law Firm Hires, Moves and Mergers

Michael Best recently announced the addition of Mark Yacura to the firm’s Washington DC office.  A seasoned attorney with more than 30 years of experience, he will join Michael Best as a partner and focus on FDA Regulatory issues.  In his career, he has advised his clients on FDA approval and clearance processes, and worked on matters regarding synthetic pharmaceuticals, biotechnology diagnostics, medical devices and conventional foods, along with regulatory matters involving other agencies, such as the Consumer Product Safety Commission (CPSC), the Environmental Protection Agency (EPA), and the Federal Trade Commission (FTC), among others.

Eric Callisto, Group Chair of Michael Best’s Regulatory Practice, sees Yacura’s experience as crucial in advising the firm’s international and domestic clients on the shifting political landscape.  Callisto calls Yacura “highly respected” and says, “it’s an honor to welcome him to our team in the Beltway.”

Conne Lensing Fed Ex Bradley
Connie Lewis Lensing

Bradley announced that Connie Lewis Lensing, formerly in house at Fed Ex, has joined the firm’s Nashville office.  Lensing had a long and storied career at Fed Ex, where she most recently served as the Senior Vice President responsible for U.S. Litigation.  In her role at Fed Ex, she pioneered the idea of an in-house law firm, bringing litigation and trial responsibilities into the corporate legal department and also  oversaw litigation across the  United States and the Virgin Islands, with an emphasis on employment matters as well as antitrust, governmental actions, and EEOC (Equal Employment Opportunity Commission charges.

Along with being a trailblazer of corporate legal services, Lensing also demonstrated her commitment to civil justice as the Vice-Chair of the Board of Directors and as Chair of the Executive Committee of the US Chamber of Commerce’s Institute for Legal Reform; additionally, she has leadership roles in the organization the Lawyers for Civil Justice.

Throughout her career Lensing has seen the experience of women in legal dramatically changed.  This life experience has given her insight, and she shares her insights by mentoring young women attorneys and championing them.   Kim Martin, chair of Bradley’s Litigation Practice Group, calls Lewis-Lensing’s record of mentoring younger attorneys as “fantastic.”  She says, “We look forward to including her insights and experience in this area to further support Bradley’s mentoring efforts.”

Bradley Nashville Office Managing Partner Lela Hollabaugh calls Lensing joining Bradley “a thrill” and “a tremendous honor” to partner with Lensing as she “enters a new phase of her career as a litigator and innovator in private practice.”

Fox Rothschild LLP recently welcomed six attorneys from Le Clair Ryan to be spread across the firm’s Washington DC, Texas, and New Jersey offices.

Joining the Washington DC office are four attorneys, with Robert Fletcher and Brian W. Stolarz coming in as partners and Kristin W. Broz as counsel in the litigation group.  Ashleigh R. Eames joins the firm as an associate, working in the labor and employment practice group.  Fletcher works with corporate clients on litigation in industries such as retail, government, insurance, pharmaceutical and biotechnology.  Stolarz works with clients on white collar criminal defense, with an emphasis on False Claims Act defense and securities enforcement.  He also assists with internal investigations and securities enforcement.  Broz has experience in class action litigation, and her background also includes experience with US and international regulations, consumer protection data privacy matters. Also joining the DC office is Ashleigh R. Eames, she will be an associate in the labor and employment practice, focusing on wage and hour issues and leave and accommodation matters, as well as hiring and workplace compliance matters.

William E. Hammel joins the firm as a partner focusing on labor and employment matters in Dallas, Texas, he has broad experience across labor and employment law, and in arbitration and litigation, but he has a focus on avoiding litigation through prevention and training, utilizing internal auditing tools and conducting investigations. His Texas roots run deep, with a JD from Baylor University and a BA from the University of Texas.

Christopher L. Pizzo joins Fox Rothschild as a partner in the corporate group in the Morristown, New Jersey office. He has a diverse group of clients, frequently working in industries that have a lot of regulation, and focusing on corporate, transactional and Mergers and Acquisitions.

In other big moves, Clark Hill recently announced it was joining forces with Las Vegas litigation boutique firm Gentile Cristalli Miller Armeni Savarese (GCMAS), with six attorneys joining Clark Hill, four as members, two as senior counsel.  This combination grows Clark Hill’s presence in Las Vegas.  Donald Ridge, Member in Charge of Clark Hill’s Los Angeles, San Francisco and Las Vegas offices, says “We’re excited about the combination as the team brings significant litigation and trial experience, along with a strong presence and network in Nevada that will benefit all of our clients.”

Dominic Gentile Attorney
Dominic Gentile

The attorneys from Gentile Cristalli Miller Armeni Savarese will work out of Clark Hill’s Las Vegas office.  Dominic Gentile, a founding member of GCMAS is a trial attorney with an impressive record of representing his clients in white collar and bet-the-company litigation matters, nationally and internationally on civil, criminal, securities and commercial fraud investigations and litigations.  Gentile is involved in a variety of organizations associated with trial and litigation law, and he has a long career teaching trial advocacy and evidence at law schools across the country.  Michael Cristalli will be a member with Clark Hill, using his experience representing clients in complex criminal, corporate and civil litigation matters.  Some of the cases he worked on may seem familiar, as they have been featured on dateline NBC, CBS 48 Hours, and Cristalli has been a legal analyst on shows like Good Morning America, MSNBS and Fox and Friends.  Ross Miller is a former Secretary of State of Nevada, the youngest to serve in this role in both Nevada and in the country. In this position, he oversaw Commercial Recordings, Securities, Elections, Nevada Business Portal, and Notaries Public.   His public service also includes serving on State of Nevada Boards including the Board of Prison Commissioners, the Governor’s Office of Economic Development, and the State Audit Committee.  Along with this public service, Miller was the Deputy District Attorney in Clark County.  Paola Armeni will join Clark Hill as a Member, and she has a resume that includes representing clients in criminal defense and civil rights cases in Nevada state and federal courts.   Vincent Savarese has worked in federal criminal defense, constitutional law, federal civil rights and asset forfeiture, in complex litigation at the pretrial, trial and appellate stage in state and federal court. He will join Clark Hill as Senior Counsel.  Mark Dzarnoski is joining Clark Hill in the securities and investments group as a Senior Counsel having 30 years of experience.   He guides clients through allegations of criminal fraud and SEC/FTC investigations and civil enforcement actions. s.

Gentile indicates this is a merger based on shared values.  He says, “It was important to all of us that we merge with a firm that shared our client service philosophy, work ethic and values, and in Clark Hill we found the perfect alignment.” (image of Gentile?)

Law Firm Victories, Achievements and Awards

On September 3, 2019, Gilbert LLP announced that the Commercial Division for the Supreme Court for the State of New York ruled that Gilbert client, Michael Cohen, could continue his litigation against the Trump Organization, his former employer.  Cohen is arguing that the Trump Organization failed to provide attorneys’ fees and reimburse his costs in connection to a variety of legal proceedings and investigations.  Hunter Winstead, who serves as the lead attorney on the matter, indicated an intention to pursue this matter to conclusion, saying, “We intend to obtain full payment of Mr. Cohen’s claims.”

Just in time for back to school, Hinshaw & Culbertson LLP, announced the publication of their Third Edition of a 50 State Guide on Student Loan Servicing Regulations.  The second edition was published in June of 2018, and this edition captures the changes in the regulatory landscape of this industry, with 6 additional states enacting laws concerning student loan servicing: Colorado, Maine, Nevada, New Jersey, New York and Rhode Island.  The third edition covers changes up to May of 2019, and captures some of the updated regulations on licensing fees, processes and actions—demonstrating the steps loan servicers need to take to remain in compliance.  Additionally, changes made in regulation requirements in Washington, DC-based on court rulings are covered by the guide. In this rapidly shifting regulatory landscape, this guide is designed to be a quick reference for student loan servicers (but does not constitute legal advice or create an attorney-client relationship) with state by state summaries covering state laws, licensing processes, and loan servicers’ duties, as well as each state’s enforcement mechanisms. (link to guide?)

North Carolina law firm Poyner Spruill announced partners Karen Chapman, Sarah DiFranco, and Susie Gibbons were recognized as North Carolina Lawyers Weekly’s 2019 Women of Justice Award honorees.  This is a designation that recognizes the highest ideals of the legal profession, and women attorneys in North Carolina who demonstrate leadership, integrity, service, sacrifice and accomplishment in improving justice quality across the state.

Peter Friedenberg and Sara Jane Shanahan of Sherin and Lodgen were both recognized as a “Lawyer of the Year” in Best Lawyers.  Friedenberg was recognized for his work in Real Estate Law, and Shanahan was recognized for Litigation—Insurance.  This is a designation reserved for one attorney in each specialty and location who has received the highest overall peer-feedback for their specific practice area.

Legal Industry and Law School Developments

ScantronContinuing with the back to school theme of this edition of NLR’s Legal Industry Trends; at the end of August Berkeley Law School announced that it will now consider some applicants on the basis of a GRE or GMAT score, and those applicants can avoid the LSAT.  The GRE and GMAT will be accepted for those interested in concurrent or combined degree programs, or for those who are enrolled in graduate school at the time of their application to Berkeley Law.  Part of the reasoning behind this development is the school’s goal to admit “outside-of-the-box thinkers” and a holistic approach to application review, according to Kristin Theis-Alvarex, Assistant Dean of Admissions and Financial Aid.  She says, “Test scores—from any source—are important, but not dispositive.”  Dean Erwin Chemerinksy says, “Allowing these students to apply with the GRE and GMAT will further our interdisciplinary mission and help us to continue to attract outstanding law students.”  This move is part of a pilot program, and the school will evaluate the results of this decision over the next three years carefully to maintain ABA compliance.

ABA ReportOn the other end of the spectrum, The American Bar Association released its white paper, the ABA’s 2019 Profile of the Legal Profession. This report is the first of its kind from the ABA, crammed full of data about the state of the legal profession, compiling information from surveys, studies and reports about lawyers and law firms across the United States.  The report has specific sections devoted to lawyer demographics, pay, legal education, and specific information related to women attorneys, pro bono efforts and legal technology.  Some interesting points below:

  • Male attorneys still outnumber female attorneys, almost 2 to 1. Male attorneys are 64% of all attorneys while women attorneys are at 36%.
  • Most state bar associations do not track race and ethnicity of attorneys, but more did in 2019 (20 states) compared to 16 states tracking in 2009.
  • The average lawyer salary is $144,230, but increases have slowed down after the recession of 2008-09, but from 1998 to 2018 overall, lawyer salaries almost doubled, but the cost of living rose 53%.
  • Of the students who enroll in law school, 35% enroll right after undergrad and 65% take at least a year off between undergrad and law school. The most common reason cited for going to law school was a route to careers in politics, government or public service, at 44%.

Full of information and factoids, this report deserves a close reading by anyone interested in getting a handle on the legal industry.

Gartner, a leading research and advisory company, recently reported the results of a survey on cost-effective legal departments.  To provide this data, Gartner surveyed more than 140  companies in different locations,  industries and revenue size to identify those that spend in the lowest quartile of their peer group, while handling a similar workload.  Overall, the study indicated in house legal departments that invested in improving internal processes and growing internal capabilities with investments in staff training as well as standardizing legal work and developing legal ops capabilities were the most cost-effective.  In fact, 63% of in-house legal work is routine, and can be standardized, and departments that lack legal operations capabilities spend 30% more than those with those abilities.  These steps assist legal departments in bringing work in house and saving outside counsel expenditures for critical matters.

Michael Mayfield, research director in Gartner’s Legal & Compliance practice, says, “General Counsel also need to invest in the right areas to equip their teams to be successful, this is most clearly on display when looking at the differential in training spend between cost-effective legal departments and their higher-cost peers.”

That’s a wrap for this week.  We’ll have more later in the month!

Copyright ©2019 National Law Forum, LLC

NLR Legal Industry News July 1, 2019: Law Firm Recognition, Tech and Talent

The legal industry is continuously changing and we want to share the good news about strategic hires and notable industry achievements. We’re also looking to pass on interesting legal tech developments that aid lawyers and law firms in streamlining and growing their practices.

Notable Legal Industry Recognitions 

The law firm of Frost, Brown & Todd was honored by the Women in Law Empowerment Forum (WILEF) for their diversity and inclusion efforts with a 2019 Gold Standard Certification, and the firm was only one of 45 firms to receive this honor.  In order to be recognized firms had to meet a variety of criteria, including the mandatory criterion that at least 20% of all equity partners are female, or 33% or more of attorneys who became equity partners during the last year were women.  Additionally, there are other criteria that must be met, some incorporating other diversity measures including LGBT attorneys or women of color in equity partner roles.  FBT has been honored with this designation by WILEF seven times.

top-50-construction-law-firmsCarlton Fields and K&L Gates both ranked in the Construction Executive’s inaugural “The Top 50 Construction Law Firms” list. Carlton Fields’ Construction practice has received multiple accolades, including being named by Chambers USA as the No 1. Construction practice in Florida for 17 years straight. K&L Gates has over 2,000 attorneys in offices on five continents, and was named one of the top 5 firms in the inaugural edition of the list.  The list considered the number of attorneys working in the area, as well as the number of states where the firm is licensed to practice, the year the practice was established and percentage of the firm’s total revenue that comes from the Construction practice.

Wiggin and Dana LLP Corporate M&A practice was recently recognized by IFLR 1000 US 2019 edition as a Tier 1 firm for Corporate M&A work in Connecticut.  Additionally, five attorneys with Wiggin and Dana were specifically recognized: Paul Hughes, William Perrone, and Mark Kaduboski were named as Highly Regarded, while Evan Kipperman and James Greifzu were designated as Future Rising Stars.

For the fourth time, Chambers USA named McDermott Will & Emery the 2019 Healthcare Team of the Year. The health practice at McDermott earned a Band 1 ranking in the Healthcare category for the 10th year in a row earlier this year, and it is the only firm to hold that distinction.  In fact, the practice group has picked up a variety of accolades over the years, including commendations from US News and World Report and The Legal 500.  Practice Chair Eric Zimmerman says, “Our team is dedicated to helping health care companies push the boundaries of what it means to be innovative.”

Ballard Spahr attorney Judy Mok, has been named to the New York Law Journal‘s 2019 Rising Stars list. Ms. Mok has extensive experience negotiating payments transactions for some of the world’s largest retailers and financial institutions. Prior to joining the firm, Ms. Mok served as Senior Payments Counsel for Apple Inc.

Per Alan S. Kaplinsky, Practice Leader of Ballard Spahr’s Consumer Financial Services Group. “Judy represents the best that our legal profession has to offer—she has a sophisticated understanding of the payments ecosystem, she leads by example, and she fosters an inclusive environment.”

Legal Talent Update

EDITThomasSengelwaltSJ
Thomas J. Sengewalt

Steptoe & Johnson PLLC announced that Thomas J. Sengewalt has rejoined the firm’s Denver litigation practice.  Sengewalt has experience in energy litigation and energy transactions.  Steptoe & Johnson CEO Susan S. Brewer expressed excitement for Tom’s return to Steptoe & Johnson, saying,   “His work in litigation and transactions helped some of the Appalachian region’s largest energy producers, and we know he will bring the same skill and passion to our clients in the Rockies.”

Former Commissioner of the California Department of Business Oversight, Jan Lynn Owen joined Manatt, Phelps & Phillips, LLP as a senior advisor in the financial services group.  Owen is known for her embrace of technology and using technology to foster innovation, and she worked to find banking solutions for the cannabis retail industry, working with state regulators and business owners to innovate practical and safe solutions for these businesses.  Additionally, she worked to develop fintech start-ups, working to reduce regulatory burdens in this industry while safeguarding consumer privacy. Owen says, “I knew Manatt’s financial services group would be the ideal place for me to advise and counsel businesses that face a number of complex regulatory and marketplace challenges in today’s rapidly evolving new economy.”

Feinberg Day Alberti Lim & Belloli LLP in Menlo Park, California is increasing its intellectual property punch with the addition of five intellectual property attorneys, including two new Partners Robert Kramer and Russell Tonkovich.  The firm will undergo a name change and be called: Feinberg Day Kramer Alberti Lim Tonkovich & Belloli LLP.  Kramer and Tonkovich each have assembled an impressive resume of awards and a history of winning verdicts in significant patent infringement cases.  Tonkovich is a medical doctor as well as an attorney.  Additionally, Feinberg Day is also adding attorneys Kate Hart, Aidan Brewster and Nick Martini to their IP focused law firm.  Feinberg Day was founded in 2011, and has a reputation for assisting clients in monetizing their patent portfolios.

EDITMonahanChris.WinstonStrawn.DC
Christopher B. Monahan

Winston Strawn announced the addition of Christopher B. Monahan to their Washington DC office. Monahan works with clients on compliance with International Traffic in Arms regulations, the Export Administration Regulations and sanctions programs under OFAC and FCPA.  He assists clients with internal investigations and compliance reviews, and he helps clients in determining jurisdiction and export control classification of their products and technology.  Monahan will join the firm as a partner in the White Collar, Regulatory Defense & Investigations Practice.

Legal Technology News

Legal Services Link recently launched ioRefer™ Referral Software designed to streamline the referral process within law firms, bar associations, legal networks and corporate law departments.  ioRefer’s interactive database helps attorneys looking for assistance on particular projects to quickly post and distribute staffing needs notices either within their law firm or within a broader legal network.  Conversely, law firm attorneys or network professionals with extra capacity can search the database for staffing needs on specific projects. ioRefer for Corporate law departments simplifies the process of retaining qualified law firm talent via targeted matter postings or by searching an intuitive, current directory of qualified professionals.

Attorney and co-founder, Matthew Horn: “ioRefer solves the ineffective, outdated, manual processes used to refer and staff client matters and helps balance the workload distribution of matters to qualified professionals who are looking to take on more work.  For law firms, it keeps client matters from being sent outside the firm and at the same time helps lawyers become more interconnected with their colleagues.”

Cheryl Kaufman, CEO of Alliance Legal Solutions
Cheryl Kaufman

Alliance Legal Solutions recently launched Fundafi.com, a technology-enabled lending platform that improves access to financing for small U.S.law firms.  Fundafi’s business model is designed to nurture a law firm’s growth much like a private equity firm would do for an emerging business. Fundafi has deep knowledge of small law firm practices gained during 8 years of experience working with thousands of law firms. Alliance Legal Solutions was founded in 2011, by Cheryl Kaufman, a graduate of Wake Forest School of Law.

Over three billion images are shared online each day, and around 85% of them are unlicensed, with estimated revenue lost at more than $600 million daily,  as reported by COPYTRACK and summarized in its recently released  2019 Global Infringement Report.

Some of the more interesting findings from the 2019 report reveal that the U.S. is the world leader in image theft comprising 22.96% of worldwide theft.  But less obvious is the #2 offender, Panama, a country with four million inhabitants, comprising a 6.76% share of global image theft. This anomaly is likely the result of “Privacy Protection Services,” who registers site domains in Panama to mask the owners’ personal information. China, considered by many to be the world leader in authorized use, comes in third place with a surprisingly small 6.57%.

2018 bus email graphicCyber Special Ops, LLC, recently announced a new delivery model for cyber services called Concierge Cyber™ which is modeled after the growing practice of concierge medicine.  It includes à la carte or bundled service offerings. same day appointments, phone or email access on evenings and weekends, and pre- and post-breach services as needed at pre-negotiated rates. Breach response services are provided by My-CERT™, a team of highly credentialed legal, information security, credit and identity restoration, and public relations specialists

Per Kurtis Suhs, founder and managing director of Cyber Special Ops, LLC: “Currently only 2 of 10 organizations have purchased cyber insurance, and their policies may not cover theft of monies. So, who do organizations call in the event of a wire fraud loss on a Friday evening? Concierge Cyber makes it possible for organizations of all sizes and budgets to have immediate access to world-class cyber risk management support. The My-CERT™ team provides expertise, experience and agility to effectively respond to a cyber incident under the protection of attorney-client privilege.”

Notable legal industry news?  Submit your stories for consideration in the National Law Review’s Legal Talent and Tech Update.

Copyright ©2019 National Law Forum, LLC
For more on the business of law, please see the National Law Review Law Office Management page.

How Prevalent is Harassment in Organizations?

Recently it seems that we are constantly learning about another high profile individual who has allegedly engaged in sexual misconduct / harassment in the workplace.  These disclosures beg the question of how prevalent is sexual (or other forms of unlawful) harassment in our workplaces.  It is easy to believe that for every high profile individual who has misbehaved, there are countless of other employees who have similarly misbehaved.  Moreover, many of the recent disclosures suggest that the employer in question knew or had reason to know of the alleged misconduct, which had occurred over an extended period, but failed to take any prior action.  So what should organizations do now?

First, organizations should ensure that they have a comprehensive anti-discrimination policy, which includes a procedure for employees to share any concerns about harassment.  Second, organizations must educate its employees at all levels of the organization of its policy and procedure so that they become part of the organization’s culture.  Third, organizations can conduct training on its policy and the law prohibiting harassment.

Supervisors need to be regularly trained to identify conduct that could be considered harassment and how to address it, not ignore it.

Employees need to know that they are entitled to work in a harassment free environment, that they will be held accountable for their behavior at work and for their behavior out of work that can affect the work environment, and that the organization wants them to report any concerns regarding harassment so that they can be addressed.  With these steps, an organization should be able to create a culture that can quickly deal with any concerns of harassment before they present legal liability.

Authored by:  Michael Colgan Harrington of Murtha Cullina 

 © Copyright 2017 Murtha Cullina

Go to the National Law Review’s Labor & Employment Page for more information.

Impact of the Trump Administration’s Decision to Terminate DACA

On September 5, 2017, Elaine Duke, Acting Secretary of the U.S. Department of Homeland Security (“DHS”), issued a memorandum rescinding the Deferred Action for Childhood Arrivals (“DACA”) program. The DACA program, instituted in 2012 under the Obama administration, defers deportation and provides work authorization for individuals who were brought to the United States as children and who pass criminal and national security background checks. The DACA program was designed to assist individuals who were raised in the United States but who do not possess lawful status in the United States. These individuals are often referred to as “Dreamers.”

Citing a recent 4-4 decision by the U.S. Supreme Court, which in effect allowed a lower court injunction of a program providing similar relief for undocumented parents of U.S. citizens to stand, the Trump Administration determined that the DACA program should end on March 5, 2018. Effectively, this provides Congress with six months to provide a legislative solution for the nearly 800,000 individuals impacted by the DACA program rescission.

For individuals eligible or currently enrolled in the DACA program, this will have the following impact:

  • Currently valid DACA benefits, including Employment Authorization Documents (“EAD”s) and Advance Parole documents (I-131 applications, authorizing beneficiaries of DACA to travel) will remain valid until their expiration. These documents remain subject to termination or revocation under the existing DACA program rules.
  • No new DACA applications (I-821D applications) will be accepted as of September 6, 2017.
  • Currently pending initial DACA applications and extensions will be adjudicated.
  • USCIS will not accept any new advance parole applications where the basis of that application is an approved I-821D.
  • Currently pending advance parole applications will be administratively closed, and I-131 filing fees will be refunded.
  • Individuals whose DACA benefits expire between September 5, 2017 and March 5, 2018 will be allowed to file an extension of their DACA benefits until October 5, 2017. If approved, we anticipate that extensions will be valid for two years, and not end on March 5.
  • U.S. Citizenship and Immigration Services (“USCIS”, the agency that oversees administration of the DACA program) will not affirmatively provide information regarding DACA recipients to U.S. Immigration and Customs Enforcement (“ICE”, the agency in charge of interior immigration law enforcement) or U.S. Customs and Border Protection (“CBP”, the agency in charge of border security) unless the DACA recipient meets existing deportation enforcement guidelines.

Once an individual’s DACA benefits expire, that individual will no longer have work authorization, and his or her deportation will no longer be deferred. This does not mean that individual will be automatically deported by ICE. However, it does mean that the individual will no longer be protected from deportation. In essence, without congressional action, Dreamers will once again become subject to potential removal from the United States.

A lawsuit has already been filed challenging the DACA program’s termination. It is hard to know whether the case will succeed, however. In the meantime, Dreamers plan to press Congress to pass a legislative solution before March 5.

A DHS memorandum outlining rescission of the DACA program is here. An FAQ is here.

 

This post was written by David J. Wilks of Miller Mayer LLP. All Rights Reserved. © Copyright 2013 – 2017
For more Immigration legal analysis go to The National Law Review

Building a Book of Business and Advancing to Law Firm Leadership: Women who Have Navigated the Course Discuss Core Elements of Success

law firm leadership

At a time when only 4 percent of the 200 largest U.S. law firms have women in firm-wide leadership positions[1], only 19% of the equity partners at the “50 Best Law Firms for Women” are women and 96% of AmLaw firms report that their highest paid partner is male[2],  it seems opportune to see what women in leadership roles have to say about advancing to firm leadership, strategies for building a book of business, mentorship, and ways they have found and nurtured success. The National Law Review connected with attorneys Ann Zucker[3] and Anthoula Pomrening[4] at this year’s Managing Partner Forum’s Leadership Conference in Atlanta, GA.  We recently had the opportunity to speak them, as well as attorney Paula Fritsch, regarding their leadership roles at their firms.

Communication, Transparency and Trust Building at all Levels of the Firm

Navigating a leadership role can be a challenge, but communication and transparency go a long way.  Zucker, of Carmody Torrance Sandak & Hennessey LLP, points out that “Trust among the lawyers in our firm is based upon predictability, transparency and forthrightness….the leadership team can foster that atmosphere by modeling those traits.”  Along those lines, Fritsch of McDonnell Boehnen Hulbert & Berghoff LLP[5] says ” Communication is key . . . I’ve seen the biggest strides when the partnership can have open and frank discussions about an issue.  Issues that are decided through back channel and closed door discussions can result in division.” Zucker agrees, saying “Communicating with the partners and employees frequently about what is going on at the firm encourages an atmosphere of trust.”

But, trust building and effective communication doesn’t happen overnight; it is a long, strenuous process.  points out that it is not too early to begin building the trust, even if you aren’t in a position of power in your firm.  She says, “The trust building process is long term, it doesn’t begin when you start work on the Executive Committee.” Earlier leadership positions help build the trust, but being a presence at the firm and having relationships with colleagues, no matter where you are in the firm or where your career is at the moment is important.  As Pomrening,  of McDonnell Boehnen Hulbert & Berghoff LLP, points out, “I began as a law clerk 19 years ago; I have known many of these people for almost 20 years.”

In any leadership role, however, being able to tune into what is best for the firm as a whole is crucial.  Zucker says, “decisions in a law firm are tough because sometimes there are conflicts among what’s best for the client, what’s best for the firm and what’s best for the individual lawyer.  I think some of the blurriness disappears if you can identify the answer to each of those questions.”  Pomrening agrees, saying, “You have to think about the whole–what’s the best thing for the clients and the firm, rather than an individual attorney?  I try to stress that in whatever I do on a daily basis.  Whether it’s a pitch or identifying a leadership position for somebody else, I’m always looking at it in terms of what is best for the whole.”

Own Your Destiny – Build a Book of Business

One important thing for all attorneys and success in a law firm environment is being able to find ways to nurture and build your own book of business.  Being able to successfully generate new matters for the firm is an important step in finding success, wherever your career takes you.  Fritsch says, “You have to get yourself out there and make yourself visible.  Pick an area that interests you and become an expert in that area, and if that is in a niche space, even better.”   Ann Zucker emphasizes that the best way for individuals to generate business is to do what they like to do.  She says, “You have to do what you are comfortable doing.  If you do something you are not comfortable doing it’s going to show and it’s not going to be useful.  For example, if your thing is talking on panels on a specific topic, then do that. If you like to write articles, then focus your time on that. You don’t have enough time to do things that you don’t like or that you are not good at. But you need to figure out what’s best for you, where do you shine and focus your efforts there.”

Find Someone or a Group of Someones Who Can Help You Through the Process – Keep up Your End of the Relationship

Mentorship is also important when establishing yourself in a law firm, both in honing legal skills and building the relationships that are so crucial to generating business.  Though it can be tricky for some younger female associates to develop such relationships as the vast majority of practice groups leaders and other law firm management members are older males.  Zucker says, “A good mentor puts you in a position where you can grow and learn, and they are always going to be cognizant of that–if it’s taking you to court, bringing you to a client pitch, taking you along even if you are not necessarily needed–so you can develop relationships.  These are opportunities to develop legal skills, but also business–Clients get to see you and you have to get out there for people to get to know you.”  In order to make a mentor relationship work, it takes effort on both parts.  Paula Fritsch says, “A mentee should be open with the mentor about what they want out of the relationship, and the mentor may have different ideas for the relationship.”

As with everything, communication is key.  Zucker points out that the relationship requires time and effort, saying, “Both the mentor and the mentee need to take time to nurture the relationship.  Whether official or unofficial relationships, you need to spend time–lunch, cup of coffee, to check in to see how things are going, what opportunities they are looking for.”  As with any meaningful relationship, sometimes things need to be said that are hard to hear.  Fritsch suggests, “as a mentee, be prepared to take some criticisms from your mentor – they may have some things to share that are hard to hear, but a good mentor shares the good and the bad to help you grow.”

Another strategy Anthoula Pomrening suggests is to have a group of trusted colleagues as a sounding board.  These are individuals you can run ideas by, and try things out on to see how they sound or how to approach a problem.  By trying different approaches–out loud, you can get a sense of what resonates and perhaps more importantly, what doesn’t. Pomrening says, “This group can help you address certain situations that you aren’t sure how to approach, and it is very useful.”

Even though women and men enter law school in equal numbers, and work next to each other as associates in equal numbers, a huge disparity in leadership positions and income still exists at law firms. Women who have moved up in the ranks despite the odds, build trust and relationships early in their careers and as they advance. Young female law firm associates who want to advance and prosper generally do best when they find not only a mentor, but a sponsor or community of advisors who can help them navigate the hidden rules of advancement in their firm’s hierarchy and discover the tools necessary to build a book of business.

It’s been noted in numerous surveys and articles that female attorney’s median billable and total hours generally lag male attorneys at all levels.   However, for nonbillable hours, women above the associate level record significantly more hours than male attorneys.[6]    Many thanks to the women who took the time to contribute their thoughts, suggestions and nonbillable time to this article.

ARTICLE BY Eilene Spear & Jennifer Schaller of The National Law Review / The National Law Forum LLC
Copyright ©2016 National Law Forum, LLC

[1] Large Law Firms are Failing Women Lawyers, the Washington Post, February 18, 2014

[2] Catalyst.org March 3, 2015 Women in Law in Canda and U.S.

[3] Ann Zucker is the Managing Partner of Carmody Torrance Sandak & Hennessey LLP,  a  Connecticut-based business law firm.

[4] Anthoula Pomrening is an Intellectual Property partner with McDonnell Boehnen Hulbert & Berghoff LLP.

[5] Paula S. Fritsch, Ph.D. is an Intellectual Property partner with McDonnell Boehnen Hulbert & Berghoff LLP in Chicago.

[6] National Association of Women Lawyers and NAWL Foundation Releases Seventh Annual Survey, ABA Young Lawyers Division, October 22, 2012