B.S.ing with Bob Major [PODCAST]

When Bob Major founded Major, Lindsey & Africa in 1982, he could not have envisioned what the organization would become and the impact it would have on the legal profession. In this episode of B.S.: Beyond Stereotypes, Bob shares his journey with Merle Vaughn, including his childhood in Texas and Oklahoma, his Stanford education, and how both influenced his outlook on life personally and professionally.

Bob Major, founder and Partner at Major, Lindsey & Africa, grew up in Texas and Oklahoma. He received his undergraduate degree from Stanford University and attended The University of Texas at Austin where he received a J.D. degree. Bob spent five years at the Washington, D.C., firm of Wilmer, Cutler & Pickering (now WilmerHale) practicing in its federal administrative practice. Prior to founding his own legal recruiting firm, he spent a year in-house as securities counsel at Saga Corporation (Menlo Park, California).

©2023 Major, Lindsey & Africa, an Allegis Group Company. All rights reserved.

December 2022 Legal Industry News Highlights: Law Firm Hiring and Growth, End-of-Year Industry Awards, and Diversity and Inclusion News Updates

Happy New Year from the National Law Review! We hope you are remaining happy, safe, and healthy as 2022 ends and 2023 begins. We thank you for all the time you’ve spent with us this past year, and we are looking forward to an even brighter year coming up!

In case you missed it, be sure to check out the National Law Review’s 2022 Go-To Thought Leadership Awards, which recognizes around 75 noteworthy thought leaders that have published with the NLR in the past year. Awardees have been selected for their high-quality writing, timely publication, and wide readerships! The NLR’s thought leadership awards go to a small subsection of our talented contributing authors, and we sincerely appreciate their part in providing the legal community a free to use, reliable news source.

Finally, please be sure to check out this year’s final episode of our Legal News Reach podcast: Creating A Diverse, Equitable and Inclusive Work Environment with Stacey Sublett Halliday of Beveridge & Diamond! Also, a big shout out to Crissonna Tennison and Shelby Garrett for taking on the hosting duties of the NLR’s podcast.

Law Firm Hiring and Expansion

Davis Graham & Stubbs LLP (DGS) has announced the addition of six new partners: Andrea M. Bronson, who focuses her practice on environmental law and litigation; Nathan J. Goergen, who focuses his practice on mergers and acquisitions; Jonathan M. Goldstein, who focuses his practice on real estate law; Almira Moronne, who focuses her practice on mergers and acquisitions and financing; Alena Prokop, who focuses her practice on executive and equity compensation; and Daniel A. Richards, who focuses his practice on complex civil litigation.

“These six attorneys have shown an impressive level of dedication to the firm and to the community we serve,” said Davis Graham & Stubbs Co-Managing Partner Kristin L. Lentz. “Their professionalism, experience, and commitment to our clients make them valuable additions to the firm’s partnership. We wish them all the best in this exciting next chapter in their careers as lawyers at DGS.”

Rob McFadden has joined Hill Ward Henderson as Senior Counsel. A commercial real estate attorney, Mr. McFadden’s practice is primarily focused on representing clients in commercial development work with an emphasis on retail, office, industrial and ground leases. He provides clients with practical advice and solutions that safeguard their interests while furthering their business objectives.

Hill Ward Henderson has also added four new associates: Ana Abado, who focuses her practice on general commercial litigation; Ezichi Chukwu, who focuses her practices on commercial leasing and real estate acquisitions; Matthew Kelly, who focuses his practice on real estate transactions and development agreements; and Tyler Miller, who focuses his practice on mergers and acquisitions, venture capital, and private equity.

Laquan T. Lightfoot has joined Goldberg Segalla’s Transportation and Civil Litigation and Trial groups in Philadelphia. Ms. Lightfoot focuses her practice on a wide array of civil litigation matters, with a particular focus on transportation law. She has also formerly litigated in a variety of fields, including product liability, premises liability, premises security, motor vehicle accident, catastrophic injury, and employment law matters.

In addition to her litigation practice, Ms. Lightfoot serves as an arbitrator with the Philadelphia Court of Common Pleas Compulsory Arbitration Program adjudicating various civil disputes. Before entering private practice, Lightfoot served as an assistant district attorney in the Philadelphia District Attorney’s Office, where she was assigned to Major Trials of the Southwest Division.

Blank Rome LLP has added twelve new partners, as well as four new counsel, effective as of January 1st, 2023. The following attorneys were selected:

“We are thrilled to announce our firm’s 2023 elevated class,” said Grant S. Palmer, Blank Rome’s Managing Partner and CEO. “This group’s demonstrated talent, stellar client service, diverse backgrounds, and collaborative leadership and teamwork in their respective practice areas reflects Blank Rome’s commitment to recruiting, supporting, and advancing talented attorneys who will not only help our firm continue to grow and succeed, but also elevate the next successful generation of legal industry professionals.

Awards and Recognition for Law Firms

Sean C. Griffin, a member at Dykema Gossett PLLC in Washington, D.C., has joined the International Association of Defense Counsel, a highly-recognized, invitation-only global legal organization for attorneys who represent corporate and insurance interests. Mr. Griffin, a former trial attorney for the Department of Justice, represents government contractors, law firms, construction companies, and other businesses in complicated contract litigation. He additionally serves as the senior director at the Federation of Defense & Corporate Counsel.

“I look forward to my membership with the IADC and the opportunity to contribute to this global association of preeminent attorneys,” Mr. Griffin said. “I am excited to meet my fellow members.”

Stubbs Alderton & Markiles, LLP attorney Roger Lee has been recognized by the Los Angeles Business Journal in its annual list of “Leaders of Influence: Thriving in Their 40s.” The list, which specifically honors leading business professionals between the ages of 40 and 49, covers Mr. Lee’s noteworthy representation of Bushfire Kitchen in its new partnership with leading private investment firm CapitalSpring to fuel Bushfire’s growth in Southern California and beyond.

Mr. Lee is senior counsel at Stubbs Alderton & Markiles. His practice is primarily focused on advising emerging growth and middle market companies in a wide variety of transactions, including buy and sell side mergers and acquisitions, mezzanine and senior debt financing transactions, and asset-based financing transactions. Notably, Mr. Lee was also recognized as a 2022 Go-To Thought Leader by the National Law Review for his coverage of President Biden’s Creating Helpful Incentives to Produce Semiconductors Act.

John Rolecki of Varnum LLP has been named to the Privacy Bar Section Advisory Board for the International Association of Privacy Professionals, a not-for-profit association committed to providing a forum for privacy professionals. As the world’s largest information privacy organization, the IAPP is dedicated to defining, promoting, and improving the privacy profession globally by allowing professionals to share best practices, track trends, and advance privacy management issues.

Mr. Rolecki is a partner in Varnum’s Data Privacy and Cybersecurity Practice. Primarily, he advises leading technology companies on emerging domestic and international data privacy regulations, and additionally provides counsel on matters such as data breach responses and ransomware situations.

Legal Industry Diversity, Equity, and Inclusion News

Emily Burkhardt Vicente, a labor and employment partner at Hunton Andrews Kurth, and Jane Hinton, a real estate investment and finance partner at Hunton Andrews Kurth, were recognized as 2022 Diversity & Inclusion Visionaries in The Los Angeles Times’ Diversity, Equity, Inclusion & Accessibility magazine. This publication recognizes diverse business leaders who inspire change and exhibit achievements both within their organizations and the community at large through actionable programs and initiatives impacting diversity, equity, inclusion and accessibility.

Ms. Hinton focuses her practice primarily on real estate transactions, which includes joint ventures, acquisitions, and leasing and portfolio property management. She places a particular emphasis on structuring debt and equity transactions. Ms. Vicente co-chairs the firm’s labor and employment group, focusing her practice primarily on complex employment litigation (such as California and FLSA wage and hour class and collective actions), PAGA actions, and employment discrimination class actions.

Recently, a number of lawyers and legal professionals have been named to the Lawyers of Color 2022 Hot List. Four attorneys at Foley & Lardner LLP have been named to the list, including partner Senayt Rahwa, senior counsel Olivia Singelmann, and associates Elizabeth Nevle and Jennifer Park. The publication is a nonprofit dedicated to promoting diversity in the legal profession, as well as advancing democracy and equality in marginalized communities.

Ms. Rahwa and Ms. Singelmann are both located in the firm’s Washington, D.C. office. Ms. Rahwa focuses her practice on finance and financial institutions, whereas Ms. Singelman focuses her practice on government enforcement defense, investigations, and business litigation. Ms. Nevle, located in the firm’s Houston office, focuses her practice on business litigation and dispute resolution. Ms. Park, located in the firm’s Chicago office, focuses her practice on business litigation and dispute resolution as well.

Katten’s Fabiola Valenzuela has also been added to the Lawyers of Color 2022 Hot List. Ms. Valenzuela concentrates her practice on structuring, negotiating and documenting business transactions, previously representing companies and investors through the entire corporate life cycle. She places particular focus on formations, mergers, acquisitions, venture capital financings, and corporate governance.

At the firm, Ms. Valenzuela also maintains an active pro bono practice, handling, among other matters, cases involving minors in federal immigration and deportation proceedings.

Moore & Van Allen’s (MVA) Jules W. Carter has also been named to the 2022 Lawyers of Color Hot List. Located in the firm’s Charlotte office, Ms. Carter concentrates on financial regulatory compliance issues, helping clients navigate complex regulatory environments and pursue business strategies that balance innovation with risk-awareness.

“Making the Lawyers of Color Annual Hot List is a prestigious and well-deserved honor for Jules,” said Thomas L. Mitchell, MVA’s managing partner and chair of the firm’s Management Committee. “We are proud of Jules’ commitment to provide sophisticated litigation and regulatory services to our clients, and grateful for her leadership as the chair of the firm’s Black Attorney Resource Group.”

Copyright ©2022 National Law Forum, LLC

An Essential Guide to Become a Paralegal

Paralegals are the backbone of the legal industry. By supporting lawyers and managing their day-to-day tasks, paralegals ensure that the law firm runs smoothly and efficiently.

If you’re interested in becoming a paralegal or want to strengthen your skills, continue reading to learn more about this growing field, the job responsibilities, and what you can do to position yourself for success.

What Is a Paralegal?

A paralegal is a professional in the legal field who performs tasks that require knowledge of the law and legal concepts but not to the full extent of a lawyer licensed to practice law. As part of the support staff, a paralegal is working to enhance a lawyer’s work, and the lawyer takes full responsibility for that work produced.

What Do Paralegals Do?

Paralegals assist lawyers with legal cases by researching and preparing reports for lawyers to use in their work. They’re not permitted to work alone and must be under the supervision of a licensed attorney. Paralegals may work in many legal settings, including law firms, nonprofits, and government agencies, but their duties may include:

  • Investigating information about a case

  • Researching information about a case

  • Interviewing witnesses

  • Researching and learning about regulations and laws

  • Writing reports

  • Maintaining a database of records related to each case

  • Drafting letters, documents, and emails

  • Acquiring affidavits for court

  • Helping to draft legal arguments

  • Corresponding with clients

  • Preparing wills, real estate contracts, divorce decrees, and other civil documents

The duties of a paralegal can vary according to the environment in which they work. They can work within an area of practice, just like lawyers do, with different duties. For example, they may work in probate, immigration, litigation, intellectual property, or corporate law.

Is Paralegal Work Difficult?

The legal field is high pressure, high stakes, and driven by deadlines, and not just for lawyers. Working as a paralegal has its perks, but it can be stressful and demanding. Clients trust in the lawyer to protect their best interests, and that lawyer is depending on the paralegal to make that possible.

What Skills Should a Paralegal Have?

Paralegals have a variety of hard and soft skills, including:

  • Communication: Paralegals must communicate with lawyers, clients, court officials, witnesses, government officials, and insurance companies in both verbal and written correspondence.

  • Investigative Skills: A lot of paralegal work involves researching, analyzing, and seeking out information to assist lawyers. Paralegals must have attention to detail and a good eye for discerning relevant facts.

  • Teamwork: Paralegals don’t work alone. They must interact with other paralegals, legal assistants, secretaries, and lawyers throughout the day, so teamwork is essential.

  • Time Management: Much of the legal field revolves around good time management, and not just for lawyers. Paralegals have to adhere to deadlines and complete tasks in a timely manner, knowing how to prioritize appropriately.

  • Technology Skills: Paralegals use technology to complete their work, often using word processors, spreadsheets, and presentation software. Many law firms use law practice management software, which paralegals must also learn to use effectively.

How Do You Become a Paralegal?

Paralegals are not licensed on the national level, so there are no federal standards for the profession. Only a few states regulate the profession on the state level. Instead, the employers establish the hiring standards and require some formal education.

The options for paralegal education or training include:

Associate Degree

An associate degree takes about two years to complete and requires a high school diploma. Some schools may have additional admissions requirements.

Bachelor’s Degree

A bachelor’s degree in legal studies, paralegal studies, or similar fields is appropriate for paralegal education. Typically, bachelor’s degrees take four years to complete. According to the National Federation of Paralegal Associations (NFPA), more employers are placing an emphasis on earning a bachelor’s degree.

Master’s Degree

If you have a bachelor’s degree, a master’s degree in legal studies (MLS) is a good choice to increase your knowledge in skills like negotiation, employment law, legal writing, and intellectual property law. This not only deepens the skill set for a paralegal, but it offers a broader scope of work as a legal professional.

Paralegal certification is another option to either replace a degree program or enhance it. The NFPA recommends achieving a paralegal certification to enhance employment prospects. There are several options available from the National Association of Legal Assistants (NALA), including a Certified Paralegal, an Advanced Certified Paralegal, and a Professional Paralegal certification.

Several schools also offer certification programs for paralegal work, though it’s important to research carefully to ensure you’re getting a certification that will benefit you professionally.

Are There Different Requirements in Each State to Become a Paralegal?

Generally, paralegals don’t have to meet any state licensing requirements, according to the United States Bureau of Labor Statistics (BLS). Professional certification or degrees at the national and regional level is voluntary.

That said, state governments have no restrictions from establishing their own rules, and a few states have chosen to regulate the paralegal profession closely.

According to the American Bar Association, California has restrictions for workers using the title “paralegal,” as well as “freelance paralegal,” “contract paralegal,” “independent paralegal,” “legal assistant,” and “attorney assistant.” These rules prohibit paralegals from engaging in certain activities, including representing clients in court or giving legal advice. They also have minimum education and experience requirements, as well as continuing education requirements.

In addition, both Washington and Utah require licensing for paralegals and non-attorney roles in the legal field. This doesn’t mean these paralegals must be licensed to work, but that highly educated and experienced paralegals can become credentialed to perform a broader scope of legal work.

Outlook of Paralegals

According to the BLS, the median annual wage for paralegals and legal assistants was $56,230 as of May 2021. Employment of paralegals and legal assistants is projected to grow 14% from 2021 to 2031, which is a faster rate than all occupations. About 45,800 openings for these roles are projected each year, on average, over the next decades.

Since the recession, law firms have been making changes to become more efficient and competitive, which may include expanding the scope of work for paralegals. Other institutions also recognize the benefits of workers with legal training, such as government agencies and banks.

Since then, there’s been a rising demand for paralegals — particularly ones with technology skills. Paralegals that can navigate technology tools, such as law practice management software, digital forensics, and electronic evidence discovery and preservation, are highly sought.

Paralegals often handle billing and invoicing, which is simplified with legal billing software.

Pro Tip: To gain a competitive edge, paralegals should consider receiving a certificate in law practice management software. PracticePanther offers the certification for free and can be completed on your own time.

Become a Skilled Paralegal

The role of paralegals is growing in demand and constantly evolving. Though it’s not required, the more educated and technologically sophisticated paralegals are, the more career opportunities they have in the legal field – and that includes experience and skills with law practice management software.

© Copyright 2022 PracticePanther

Bouncing Back with Shaun Sethna [PODCAST]

Finding the right home for your career can do wonders to change your perspective. For Shaun Sethna, the move in-house was exactly what he needed to go from feeling like work as something he had to do to work being something he enjoyed. In this episode of Bouncing Back, he talks to Rebecca Glatzer about his career journey, the bumps along the way and his growth mindset.

Shaun Sethna is Deputy General Counsel at Altisource, a FinTech and services provider to the mortgage and real estate industries.  Shaun has been at Altisource for almost 10 years, where his practice focuses on technology transactions and M&A.  He also developed and helps to manage a team focused on contracts, compliance, and general legal support to Altisource’s technology, mortgage cooperative and insurance businesses. Previously Shaun was at Schlumberger in Houston, and he got his start in the IP practice group at King & Spalding LLP in Atlanta. Shaun received his undergraduate degree in Industrial Engineering from the Georgia Institute of Technology and his J.D. from Columbia Law School.  Shaun’s favorite aspect of his job is managing and developing teams.

©2022 Major, Lindsey & Africa, an Allegis Group Company. All rights reserved.

When Corporate Legal Teams Break

Forward-thinking organizations that refocus their legal teams on the removal of systemic friction and value creation can better detect and forecast risk; however, organizations that have not modernized their legal teams often miss subtleties masking surprisingly deep areas of risk. Recent history shows nothing is too big to fail, but earlier risk detection may have helped avoid some of the most catastrophic losses.

The most recent and notable industry-wide example, of course, was the financial services industry, which triggered the Great Recession from 2007 to 2009.

In the world’s most infamous accounting scandal, Enron imploded in 2001, wiping out $74bn of shareholder funds and the pensions and jobs of thousands of employees. Enron’s auditor also collapsed. The organizations were interconnected and dependent systems. One fell, the other followed. Undetected risk festered and worsened, and the interconnectedness of these organizations and systems created a complex network that made detecting risk more difficult.

As modern society demands more capable systems, they become more interconnected and complex by necessity. As Meltdown: Why Our Systems Fail and What We Can Do About It posits, this staggering complexity means that tiny mistakes or simple accidents can lead to devastating catastrophes that often go undetected. The reasons for failure can stem from very different problems, but the underlying causes are similar.

In accounting scandals with nefarious actors, huge debts are obscured and once revealed, lead to corporate failure. In legal departments with good actors – led by a noble General Counsel (GC) who serves as the defender of the enterprise – business risks are obscured and once revealed, can lead to devastating consequences: bet-the-company litigation, core intellectual property battles, merger & acquisition failure, and crippling regulatory fines, to name a few.

Embracing digital helps identify and expose risk, but organizations set the stage for failure when legal, or other critical functions, don’t keep up, fail to embrace the digital evolution, become disconnected, and lack or lose visibility. Those organizations make decisions without a clear view of the legal implications, and they might not even know it because, for now, they operate with blind trust of the Office of the GC.

Corporations in all industries are “going digital” to remain competitive amidst technological disruption. This focus on digital starts with core products and service offerings, and then is pushed throughout the business to align company to product. The result? Faster moving businesses with a wave of demand pummelling the legal department…if not yet, then soon as digital initiatives across the business mature.

Most corporate legal departments simply do not have the systems required to keep up — providing consistent regulatory counsel, detecting and preventing impending litigation, or simply knowing who is doing what in the legal organization is already a challenge Risk is obscured. A “break” like we’ve never experienced is primed.

If we examine the ecosystem, the warning signs are there.

Catching up to other corporate functions

As demands on legal teams continue to grow and CFOs ask GCs to do more with less, quality suffers amid rising law firm rates and unchecked complexity. Corners get cut. Risks emerge while their likelihood to go undetected rises. Of course, when adding headcount is not an option, revamping processes and technology is often the answer.

In finance, accounting, information technology, and human resource departments, among others, advances in technology have enabled self-service, helped control costs, made it easier to compare costs, and increased quality choices. These corporate functions have embraced systems-level restructuring with artificial intelligence (AI), data analytics, cloud computing and “Big Data” to modernize working practices and improve performance.

In their often siloed and conservative world, most GCs and corporate legal departments, on the other hand, make crucial decisions guided as much by gut instinct as by data and industry benchmarks. For decades, they have resisted change or lacked sufficient resources to enable change in technology, working practices, and corporate culture. Now, with the real-time requirement for speed, scale, and transparency — that era is over.

To retain and increase influence, improve their performance and trim costs as recessionary fears grow, GCs would be wise to more fully modernize their legal departments quickly through an open, digitally-savvy, and collaborative working culture.

Collaborate and listen

Building a data-driven, digital, secure and scalable legal system is an ethical and commercial imperative for GCs. Technology is part of the solution but not the place to start.

To more proactively expose, manage and mitigate risk, executives and their boards need GCs to emphasize the imperative for a more analytical, data-based and efficient approach to corporate legal practice with concrete examples to punctuate the “Why.”

You could start with three actions.

  1. Educate yourself and your colleagues about trends in legal digitization, performance improvement and new working practices. A comprehensive source of information is thDigital Legal Exchange, a global institute of leading thinkers from academia, business, government, technology and law.
  2. Become Modern. Be the change. Lead the change. Make tough decisions about your top leaders and whether they are capable of a data and digital-first mindset and way of working. Change leadership is the prime point of failure for legal modernization efforts.
  3. Be ambitious in the scope of your reforms. Small, pilot projects (ie, e-signature or automated NDAs) won’t make much of an impact and won’t convince your board of the need for bold legal change.

Modernizing the legal system and companies’ legal departments can improve affordability and performance for clients, lawyers, company boards, and shareholders.

Absent modern means of detection, legal risk can proliferate unknown and unseen only to all too often reveal triggers of impending corporate failure when it’s already too late.

© 2022 UnitedLex, All Rights Reserved

Ankura CTIX FLASH Update – December 13, 2022

Malware Activity

Uber Discloses New Data Breach Related to Third-Party Vendor

Uber has disclosed a new data breach that is related to the security breach of Teqtivity, a third-party vendor that Uber uses for asset management and tracking services. A threat actor named “UberLeaks” began leaking allegedly stolen data from Uber and Uber Eats on December 10, 2022, on a hacking forum. The exposed data includes Windows domain login names and email addresses, corporate reports, IT asset management information, data destruction reports, multiple archives of apparent source code associated with mobile device management (MDM) platforms, and more. One document in particular contained over 77,000 Uber employee email addresses and Windows Active Directory information. UberLeaks posted the alleged stolen information in four (4) separate postings regarding Uber MDM, Uber Eats MDM, Teqtivity MDM, and TripActions MDM platforms. The actor included one (1) member of the Lapsus$ threat group in each post, but Uber confirmed that Lapsus$ is not related to this December breach despite being previously linked to the company’s cyberattack in September 2022. Uber confirmed that this breach is not related to the security incident that took place in September and that the code identified is not owned by Uber. Teqtivity published a data breach notification on December 12, 2022, that stated the company is aware of “customer data that was compromised due to unauthorized access to our systems by a malicious third party” and that the third-party obtained access to its AWS backup server that housed company code and data files. Teqtivity also noted that its ongoing investigation identified the following exposed information: first name, last name, work email address, work location details, device serial number, device make, device model, and technical specs. The company confirmed that home address, banking information, and government identification numbers are not collected or retained. Uber and Teqtivity are both in the midst of ongoing investigations into this data breach. CTIX analysts will provide updates on the matter once available.

Threat Actor Activity

PLAY Ransomware Claims Responsibility for Antwerp Cyberattack

After last week’s ransomware attack on the city of Antwerp, a threat organization has claimed responsibility and has begun making demands. The threat group, tracked as PLAY ransomware, is an up-and-coming ransomware operation that has been posting leaked information since November 2022, according to an available posting on their leak site. Samples of the threat group’s ransomware variants have shown activity dating back to June 2022, which is around the time PLAY ransomware targeted the Argentina Court of Cordoba (August). While PLAY’s ransomware attack crippled several sectors of Antwerp, it appears to have had a significant impact on residential facilities throughout the city, as stated by officials. According to PLAY NEWS, PLAY’s ransomware leak site, the publication date for the exfiltrated data is Monday, December 19, 2022, if the undisclosed ransom is not paid. PLAY threat actors claim to have 557 gigabytes (GB) worth of Antwerp-related data including but not limited to personal identifiable information, passports, identification cards, and financial documents. CTIX continues to monitor the developing situation and will provide additional updates as more information is released.

Vulnerabilities

Fortinet Patches Critical RCE Vulnerability in FortiOS SSL-VPN Products

After observing active exploitation attempts in-the-wild, the network security solutions manufacturer Fortinet has patched a critical vulnerability affecting their FortiOS SSL-VPN products. The flaw, tracked as CVE-2022-42475, was given a CVSS score of 9.3/10 and is a heap-based buffer overflow, which could allow unauthenticated attackers to perform arbitrary remote code execution (RCE) if successfully exploited. Specifically, the vulnerability exists within the FortiOS sslvpnd product, which enables individual users to safely access an organization’s network, client-server applications, and internal network utilities and directories without the need for specialized software. The vulnerability was first discovered by researchers from the French cybersecurity firm Olympe Cyberdefense who warned users to monitor their logs for suspicious activity until a patch was released. Although very few technical details about the exploitation have been divulged, Fortinet did share lists of suspicious artifacts and IPs. Based on research by Ankura CTIX analysts, the IPs released by Fortinet are located around the globe and are not associated with known threat actors at this time. To prevent exploitation, all Fortinet administrators leveraging FortiOS sslvpnd should ensure that they download and install the latest patch. If organizations cannot immediately patch their systems due to the business interruption it would cause, Olympe Cyberdefense suggests “customers monitor logs, disable the VPN-SSL functionality, and create access rules to limit connections from specific IP addresses.” A list of the affected products and their solutions, as well as the indicators of compromise can be found in the Fortinet advisory linked below.

The semi-weekly Ankura Cyber Threat Investigations and Expert Services (CTIX) FLASH Update is designed to provide timely and relevant cyber intelligence pertaining to current or emerging cyber events. The preceding is a collection of cyber threat intelligence leads assembled over the past few days and typically includes high level intelligence pertaining to recent threat group/actor activity and newly identified vulnerabilities impacting a wide range of industries and victims. 

Copyright © 2022 Ankura Consulting Group, LLC. All rights reserved.

Easy Ways to Build Your Professional Brand

Whether or not you realize it, you have a professional brand, and it’s up to you to maximize and leverage it.

Every day, people are searching for you online. They may go to your web bio, but more than likely, they’re probably going to LinkedIn as well to check you out.

LinkedIn paints a much more robust picture of you and your professional background than your web site bio because it enables you to showcase your entire professional history and body of work.

Think of LinkedIn as your own mini website and blog.

So LinkedIn is a huge part of managing your brand. It would be very wise to focus on building your presence on LinkedIn, and it is free.

Also, Googling yourself regularly and setting up Google alerts to make sure that you’re aware of what’s being said about you, and manage your online reputation.

Speaking engagements can be incredibly powerful to underscore your subject matter expertise and stay top of mind with those who need someone like you. If you feel uncomfortable doing them live, do webinars.

There is a ripple effect with speaking engagements, which is that you likely will get asked to do another speaking engagement when people see that you are on the speaking circuit and that you are good at it.

Not everyone is comfortable being on video like I am, but that’s also an option. A podcast is another great way to build your brand, make strong relationships and you don’t have to be on camera.

There’s a lot of other things you can do, such as writing articles, blog posts, client alerts, email blasts and email newsletters – these are all great ways to showcase your thought leadership expertise and stay top of mind with your clients, prospects and referral sources.

There’s also trade association memberships and committee involvement – they are an effective way to get to know people in your industry, as long as you’re going to commit to them, because the worst thing you can do is to not do a good job on these committees.

You don’t have to do all of these things, or several of them at once, and you should only do the ones that you like to do because you will be more successful at them.

A Word About Self Confidence

Don’t let anyone else dim your light, most of all you.

It’s time to build your confidence about posting on LinkedIn and showing up in other kinds of marketing. We each have value to provide to others and we need to believe that.

Every time I post I get nervous about how it will be received, especially posting videos.

But we all over estimate the extent to which others are thinking about us because guess what? They’re thinking about themselves way more. So stop worrying about what everyone else thinks!

You won’t be everyone’s cup of tea and that’s okay.

The right people will gravitate toward you and appreciate your posts even if they don’t tell you or actually post a like on your content.

I keep posting because I believe in my posts and I’m coming from a place of genuineness. Trying to help people is enough for me to keep showing up and posting.

So believe in yourself and silence the naysayers and that negative voice that you have about yourself. Each of us has an inner critic and if we’re not careful, we can start to believe what it has to say. Your success on LinkedIn and elsewhere depends on your ability to silence your inner critic.

Don’t let other people (or yourself) dim your light and be YOU. That’s your superpower.

How do you find the confidence to show up on LinkedIn and in other places?

Copyright © 2022, Stefanie M. Marrone. All Rights Reserved.

Episode 6: Shifting Mindsets: How Client-Focused Approaches Can Improve Law Firm Success with Matt Spiegel, CEO of Lawmatics

Welcome to Season 2, Episode 6 of Legal News Reach!

National Law Review Web Publication Specialist Crissonna Tennison and Matt Spiegel, Co-Founder and CEO of Lawmatics, discuss the mindsets that are necessary for law firm success. Practicing law isn’t just about winning cases—it’s about creating a supportive client experience in and out of the courtroom. How can firms integrate legal technology to center their clients, boosting their business success in the process?

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

Crissonna Tennison

Thank you for tuning into the Legal News Reach podcast. My name is Crissonna Tennison, Web Publication Specialist for the National Law Review. In this episode, I will be speaking with Matt Spiegel, founder of Lawmatics. Matt, can you tell us a little bit about your background and what led you to start Lawmatics?

Matt Spiegel

Yeah, sure. So first of all, I’m very excited to be here, so thank you guys for having me. But yes, I’m Matt Spiegel, I am the founder and CEO of Lawmatics. I was a practicing lawyer, I don’t actually practice anymore, I haven’t practiced in like 11 years or so, but I still have my bar card. Long story short, I had a problem at my law firm that I wanted to solve with technology, and ended up starting a company called MyCase. So I founded MyCase, back in, like 2010. For those of you that don’t know, MyCase is now one of the biggest practice management software platforms on the market. So I was the original founder of that company, I also ran the company for five years. And then I left, and after a couple years doing some things unrelated to law and legal tech, I decided to come back into the legal tech space. I’m a glutton for punishment, and Lawmatics was what I decided to build. And it was really a product of what we saw when I was at MyCase. We saw the shift in the market, we saw lawyers starting to think about their law firm like a business and not just like a law firm. And when they start to do that, then they need business tools, right? They need the same kind of tools that other companies throughout industries, different genres of companies, tools that they’ve had forever, right? And so there was a little kernel of this idea of lawyers shifting to this mentality, you know, back in 2014. And so fast forward to 2017, we really saw this starting to become an opportunity that we thought was going to be a big one. And so we built Lawmatics to really address the business needs of a law firm and not as much of the practice management needs, right? The practice of law, we felt like that was pretty well taken care of. Our goal was to focus on the business side of it, you know, the lead management, the marketing, the automation, that sort of thing.

Crissonna Tennison

That’s awesome, and it sounds like a major change for you. When you were first starting your switch from being a lawyer to starting MyCase, what skill sets did you have already? And what skills did you have to develop along the way?

Matt Spiegel

Yeah, so it’s a good question. I mean, obviously, starting a software company is pretty different than being a lawyer. But I would say that I was probably a bad lawyer. And I just was always, I always had the skill set to be a decent entrepreneur, I guess. But I was probably just a really bad lawyer. It was very different. Well, I should strike that. Because the way I approached law–I was a criminal defense lawyer. And so I was in court all the time, I was doing a lot of trials, you know, it’s a very unique practice area. But I treated my law firm like a business right from the get-go. So I worked at a big law firm for like, four years, and then I started my own practice. And when I started my own practice, I was like, “I need to treat this like a business.” And I think that was the way I thought about it, even more so than being a good lawyer. And I think that was just because I was probably very entrepreneurial, even then. And so I was thinking about my law firm as like a business that I could build, not necessarily, “I’m a lawyer, I’m going to practice law.” So I think I always had that mentality, it was just manifesting itself within the confines of the legal space with starting my law firm. But as soon as I saw this need in the market for a product, which became MyCase, I kind of ran with it. It was like, “Wow, I’m building this business, a law firm, which can be big, but it’s going to have a ceiling, or I can start this, like, software company, which the ceiling is unlimited.” That just felt so much more exciting to me.

Crissonna Tennison

I do think it is very interesting that you brought up the entrepreneurial mindset, because from what I’ve observed there does seem to be a difference between that mindset and a lawyer mindset. It’s really interesting to hear you break that down a little bit.

What are some challenges that you’re most proud of overcoming in starting both MyCase and Lawmatics?

Matt Spiegel

What I’m most proud of, I think, is the legal tech space is not an easy space to enter. You know, there are a lot of companies that get started and not a lot of companies make it through. The fact that I’ve been able to build two companies in legal tech that have both been able to support these teams–like what I’m the most proud of in MyCase and Lawmatics are the teams that we built. They’re the people who made the company go and at MyCase, we just had an incredible team. It was such a great culture and at Lawmatics I think it’s even better, like, you know, we’ve built such an incredible team with with such an incredible culture, and it’s such a fun place to be and to work at. And so that’s a hurdle, right? It’s hard to build good cultures. You know, it’s hard enough to build one company, one startup that becomes successful, let alone two in the same space, especially when the space isn’t the biggest space in the world. So I think for me, you know, that hurdle of coming back into the legal tech space and trying to innovate in it, I’m think I’m most proud of that. And then the fact that we’ve been able to build such great teams. And that has nothing to do with the legal tech space, that’s just, you know, company mindset in general, company building in general. I think if I had to say what I’m most proud of it would be the teams that we’ve built.

Crissonna Tennison

That makes a big difference. And I feel like the teams you’re able to build and the workplace culture you’re able to foster really is everything when it comes to building a company.

You say that you saw some problems that you thought could be solved while you were a practicing defense attorney. So what exactly were you looking for that wasn’t available?

Matt Spiegel

MyCase came as a result of client communication problems. So my first company was a result of actually a State Bar complaint that I got. When I started my first law firm, I got a State Bar complaint pretty much right away. And it had nothing to do with the way I practiced, it was nothing to do with the outcome of the case, it was simply, “Hey, you didn’t call me back quick enough.” Right. And this is a tale as old as time. This is like, the most common complaint at every state bar still, even 12 years later, is attorney-client communication. And so I thought there has to be a better way to communicate than like, just calling me on the phone when I’m in court all day, every day. That cannot be the answer. And so I sought to develop a client communication portal. And that is what MyCase started as. Now it evolved into something so much more powerful and such a more robust piece of software. But the initial version, the initial idea was just simply a client communication portal. And so that’s how MyCase came about. Lawmatics really came about from what I observed talking to thousands and thousands of law firms in my time in MyCase, and what we saw was this shift, this idea that lawyers were starting to think about their law firms as a business, and not just the practice of law. And when I saw that, it’s like these people, if they have that mindset shift, they are going to experience some challenges with how to do that. Right? If they’re going to start doing marketing, if they don’t have a way to measure those marketing efforts, they’re going to be met with challenges, if they don’t have the ability to automate touchpoints, nurture campaigns, newsletters, like all the different things that are kind of marketing 101, if they don’t have that infrastructure in place, they’re going to be met with a lot of challenges. We anticipated that happening. And that’s sort of the problem that we look to solve with Lawmatics. And again, we weren’t reinventing the wheel. Products to solve the problems that Lawmatics solves have been around for decades, products like Salesforce, or HubSpot, they’ve been around for a really, really, really long time, they are not new concepts. What is new is a platform that is specifically built for law firms. And that’s where lawyers are a bit unique. They do and I’m not gonna say they require, but they do significantly better and they adopt more often tools that are designed for them, because they do have some unique requirements. And so that’s ultimately the problem that we look to solve with Lawmatics.

Crissonna Tennison

So as a lawyer, and as a person who’s running a law firm, you want to provide a great client experience, but you actually need to find clients in the first place. So what can law firms do from a marketing and client intake perspective to help this process?

Matt Spiegel

It’s about the client journey, right? A law firm needs to think about, “What is the journey that a client goes through with your law firm?” and we break that journey down into three phases.

Phase one is the intake phase, which is from the moment that they reach out to your law firm, by whatever means, all the way through to the point where they sign a fee agreement, and they pay you your retainer. Then you have phase two, which is an active case, you’re actually handling a case for them that has a definitive start and end time. And then phase three is after the case is over. Now, they are a former client. That is a very important part of the relationship.

So what Lawmatics is designed to do is help you with everything in phase one and everything in phase three, the practice management software like MyCase, they are designed to handle everything in phase two. So that journey starts from the very moment that a client reaches out to your law firm. And you have to understand that from that very moment, you have opportunities to delight your customers, and you need to think about it in terms of customer service: what kinds of service, what level of service are you providing to your client? And this is right from the get-go. So if someone reaches out to you, and they fill out a form on your website because they’re interested in talking to you, and maybe they don’t hear anything from you until the next day, that’s not good customer service. The first impression that they’re going to get is that you don’t respond to things very quickly. And so that initial moment of contact, there’s an opportunity to delight your customer, right, you can immediately engage them and show them that you’re on top of it. And that’s not something that a lot of law firms can do without the help of technology, right? You need technology to help you with those automated touch points. And so that’s just one example. But every step of the journey is an opportunity to delight your customer with customer service, not law. Forget about law. Right now we’re just talking about providing good bedside manner, good customer service. I have a saying that I’d love to repeat, which is that you could be the best lawyer in the world, but if you provide bad customer service, you are going to have a failing law firm. And the vice versa is true. You could be a mediocre or even a bad lawyer, but you could provide really, really excellent customer service, and you could be wildly successful. The outcome of the legal matter is not always the most important part of that relationship.

Crissonna Tennison

That’s something that I never would have thought about. But that makes sense that as a lawyer, of course, obviously, you want to win your case for your client, but you really want them to feel cared for and respected and like they can get in contact with you. And yeah, that is a lot of work to keep that going, especially because being a lawyer and running a law firm is so much work.

Matt Spiegel

Some of it is totally impossible! So here’s another example, let’s say after the case is over, something that would be a pretty nice thing to do would be to just send your former clients a note on their birthday every year, pretty simple. But you’ve got 2000 old clients, how are you going to keep track of all their birthdays and make sure you’re sending an email? It would take you, it would take an army to do that. So if you have a tool that can automate that whole process, all you do is click one button when you first set up the software, and then in perpetuity, every one of your former clients is going to get an email on their birthday every single year. So there’s so much that you can do that you can’t do manual, you have to have technology to help you do it. I think that that’s really important for law firms to understand when they’re looking at, “Well, what does this mean? How do I provide good customer service? Like what role can technology play?” I think it’s just really important to think about things that way.

Crissonna Tennison

The last few years have been a really chaotic time, especially for growing law firms. So what kind of feedback have you gotten from users of Lawmatics during this time?

Matt Spiegel

So the feedback that we get from our customers is pretty profound. So it’s two things, it’s what Lawmatics has enabled them to do. And then, you know, maybe not as sexy of a response is the amount of time that Lawmatics has saved them. So obviously, a product like Lawmatics that does so much around automation is going to save you time that really can’t even be put into words, the true impact can’t just be measured. And you know, some law firms are saving 20 hours a week. And that’s just a crazy amount of time. And the impact that has on a firm as a whole is pretty remarkable. But it’s really what Lawmatics has enabled them to do. Right? I mean, Lawmatics has really enabled growth for its customers. I think that’s the way to look at it. I think law firms before you know, our customers, before they used Lawmatics, it was really difficult to facilitate big growth for them. I’m not saying that law firms couldn’t grow before, that’s not true. But our customers were really struggling with certain aspects of it. They were getting into marketing, they were getting into intake management and thinking about things beyond just practicing law and how to attract more leads, and how to convert more of those leads into customers. But they had no way to manage it all. Maybe some of them knew what best practices were. But they couldn’t actually deploy those practices because they didn’t have the ability. Lawmatics has really enabled them to do the things that they’ve wanted to do on the lead management, the conversion side, the generating leads, it’s really pretty cool to hear the stories from these law firms that were struggling before to execute on growth plans, and now are exceeding what they thought they would be able to achieve.

Crissonna Tennison

I’m curious to hear more about why it’s so essential for those people who are running growing law practices to invest in quality practice management and CRM software. At this point in the game, how much do firms risk falling behind their competitors if they don’t use one?

Matt Spiegel

Personally, I feel like practice management software, right, like the MyCases, the Clios, the Practice Panthers of the world right now, I feel like that’s kind of table stakes, there are definitely still a lot of law firms out there that don’t use a platform like that. And for those firms, there must be some valid views. And but the vast majority of firms out there will have some sort of platform in place to help them with their time and their billing and their case management. I think that that’s table stakes in the industry now for the most part. But if you don’t have that, if you’re like doing your billing manually, that just is a colossal waste of time. And you would be falling behind the rest of the industry significantly, just because of the time that you’re wasting to input billing hours and send out invoices and things like that. But as far as CRM, this actually has the potential to make you fall behind even more. So first of all, we are at the inflection point for like CRM software and law firms. It is starting to become the focus of law firms, their understanding just how valuable it is and what they can do with it. And there’s a massive shift going towards this type of thing. That’s one reason why, you know, if you’re not on that boat, then you just fall behind technologically, but more importantly, it’s the byproduct of using a product like this. It’s the shift in thinking that is happening where you’re really going to fall behind because what it means is that law firms are out there thinking about marketing. They’re thinking about lead generation, they’re thinking about how to get more business and build their law firm. That means they’re going to be going out and taking leads from you if you’re not also thinking about that. So it’s so much more than just a piece of software that you’re talking about adopting, you’re talking about adopting a strategy for your business and your growth. So if you’re not on board with that, you are going to fall behind in ways that you probably haven’t necessarily thought of just yet.

Crissonna Tennison

That definitely makes a lot of sense. When we look at recent years, how have expectations of legal clients evolved, kind of along the lines of what you’re saying, if more and more firms are starting to really reorient their thoughts toward how they run their businesses and interact with their clients? How have their expectations evolved? And what changes have you seen in law firms and their operations since you started practicing?

Matt Spiegel

What we’ve really seen, I think, again, to me, it’s just been the wide adoption of some type of software platform and that software platform being in the cloud. So in starting MyCase, I was one of the people who was at the forefront of this shift to cloud computing in legal. I’ve gotten to observe this whole thing over the last, more than a decade at this point. And it’s really profound. It’s really cool. Right? It’s a mainstay in law firms now, cloud software. And what that’s enabled, operations are just easier. And there’s less operative people at a law firm, I think now, right? It’s just, it requires less, because so much is in software, it’s automated, it’s easy to access, it’s just makes things more streamlined. And so we see less of a need to have operators in a law firm and the ability for lawyers to focus more on actually handling their cases. A lot of this depends on the size firm that you are at. There’s a massive segmentation inside of the law firm industry, right? Like if you have solo and small law firms, they operate very differently than midsize or large law firms.

Crissonna Tennison

That kind of goes along with things that we’ve heard about in the past and prior conversations about CRM systems in general. Do you think that law students will have to start having practical knowledge of CRM systems as they enter the industry?

Matt Spiegel

No. I mean, it can’t hurt. But no, we saw this with practice management, too. I remember at MyCase, I would go down to the law schools, and I would help teach classes on managing a law practice and practice management software and what that meant and what it was. So the concepts we were teaching, but we weren’t giving them familiarity with the actual software themselves. I don’t think it’s difficult to pick up, I don’t think it’s really that critical. What I think is important is understanding the importance of these concepts to the business. But I don’t think it’s critical for people coming into law firms to like, have knowledge of the systems. I mean, that would be a bonus, it would be cool. I don’t think it’s something that is required.

Crissonna Tennison

So along those lines, would you say there’s been a change in law school education, in terms of a focus on how to run a law business? Like is that something that’s showing up a little bit more in legal academia than it was in the past, or maybe when you were in law school?

Matt Spiegel

So when I was in law school, it was really not a focus. Within five or six years after I left law school, it started to become a focus again, I started getting invited into law schools that actually had practice management classes, right, like how to run a law firm. To be honest with you, in the last few years, I haven’t seen it as much. So I don’t know if there was a small shift towards it, like 10 years ago, and now it’s shifted away from it. Maybe people thought that it wasn’t a practical class. I don’t really know. But I don’t think that we’ve seen a massive shift towards it in the last five or six years. I think it’s valuable to be honest with you. I think everyone always says, you go to law school, and the stuff you learn doesn’t necessarily help you as a subject matter. It doesn’t necessarily help you, when you get out of law school. What law school does is teach you how to think like a lawyer. Right? And that’s like the old cliche, but I think it’s relatively true. If law school is focused on the practicalities of running a business and running a law firm. I think that would be incredibly helpful. But unfortunately, I don’t have that much influence over this.

Crissonna Tennison

For our listeners who are interested in checking out Lawmatics, can you kind of take them through the process of getting started using your platform? Where can they find you?

Matt Spiegel

Finding us is very easy, anybody can go to our website, www.lawmatics.com. And from there, what we always have people do is we have them sign up for a demo. And when I say signing up for a “demo,” I use that term a little bit loosely, because what you’re really doing is you’re going to be talking to one of our specialists, who’s really going to spend some time learning about your law firm trying to, first of all make sure that as a law firm, you’re ready for a tool like Lawmatics, like Lawmatics is going to make sense for you as a law firm, and then starting to understand “What do you do currently? What are your processes like?” and then starting to show you how Lawmatics might be able to help. So when we get on this demo, it’s almost like a consultation. We have a lot of best practices that we share with people during this consultation, this demo, to hopefully get these law firms thinking about things a little differently. We really like this process. And that’s the most important thing for people to do is to just come to our website, sign up for that demo, you’re going to learn a little bit about Lawmatics, you might learn a little bit more about your law firm and certain steps you might need to take in order to execute on some of the initiatives that you’re looking to execute on at your law firm. And then we will show you how Lawmatics hopefully can help you do that.

Crissonna Tennison

That’s awesome. It sounds like the Lawmatics experience can be tailored to a variety of different law firm types.

Matt Spiegel

Lawmatics is really for everyone and anyone. We see it all across the spectrum. Sometimes brand new firms that are just trying to set up their tech stack and Lawmatics is the foundation of it or law firms with several hundred lawyers who have been around for a long time, but they need to update their tech stack and they see a lot of value in it.

Crissonna Tennison

Our time is coming to a close, so are there some points you would like to showcase that align with your organization’s experience?

Matt Spiegel

Lawmatics is Lawmatics, it’s great if people want to check it out, I encourage them to do that. But what I encourage all lawyers to do, regardless of the software platform, is to just start thinking about your law firm a bit differently and start thinking about your law firm as, you’ve got to be good at customer service. You have to think about satisfying your customers outside of their case, you cannot think, “if I get them a great outcome, if I’m a criminal defense lawyer, and I just defended my client out of prison,” you can’t just assume that that’s going to be enough, that that’s going to make them really happy. What you need to do–and this is a point that I was thinking about earlier that I want to bring up now–is this is what you need to remember. And if you remember this, I think it gives you a different lens to look through almost all practice areas, right? Almost all of them fit into this mold, where it is the most important thing happening in their life. If it’s a criminal offense case, if it’s a personal injury case, if it’s a bankruptcy case, if it’s a family law case, immigration, all these practice areas, like the vast majority of practice areas out there, the case that you are handling for your client, it is the most important thing that they have going on in their life. For you it’s just another client, right? And so sometimes it’s hard to have that perspective. But if you think about it like that, if you think “Hey, wait a second, this is the most important thing happening in their life. If I had the most important thing happening in my life right now, how would I want to be treated?” If you shift to that line of thinking I guarantee you will provide incredible customer service, and that’s going to benefit your firm.

Crissonna Tennison

Yeah, that makes a lot of sense, especially because if they’re dealing with something that is the most important thing in their life, and you’re the person guiding them through that, then that relationship is pretty important. So thank you for kind of expanding on that a little bit more.

Thank you to Matt Spiegel for taking the time to join us on the podcast to talk about Lawmatics and the different mindsets that can help a law firm be more successful. We really appreciate you joining us today.

Matt Spiegel

Yeah, thank you guys so much for having me. I really appreciate it.

Conclusion

Thank you for listening to the National Law Review’s Legal News Reach podcast. Be sure to follow us on Apple Podcasts, Spotify, or wherever you get your podcasts for more episodes. For the latest legal news, or if you’re interested in publishing and advertising with us, visit www.natlawreview.com. We’ll be back soon with our next episode.

Copyright ©2022 National Law Forum, LLC

Global Dispute Resolution: The Future of Virtual Legal Proceedings Is Shaped by Soaring Travel Costs

While we may have passed through the worst of the global pandemic, it has unquestionably left a deep and lasting impact on our personal and professional lives. Restrictions that left everyone housebound for months on end resulted in adaptations to daily behaviors and how we do business—some of which are here to stay.

Progress in the Form of Virtual Proceedings

During the pandemic, keeping businesses afloat was challenging across the board in all industriesVideoconferencing was often the only option to connect with colleagues or to participate in a meeting of any kind, and the use of platforms like Zoom skyrocketed. Like most other businesses and professional organizations, legal forums around the world were closed for a time. When they began to reopen, they discovered a new (virtual) operational environment that arose out of necessity.

International arbitration centers and courts across the globe followed suit, reopening with a mandate to conduct business remotely. While they had already developed protocols for using technology to increase accessibility and efficiency before 2020, the use of videoconferencing in international arbitration centers and courtrooms took off rapidly and pervasively once the pandemic hit. The ramped-up schedule of online proceedings continues in international arbitration centers and courts now that they are increasingly comfortable with the virtual format, and protocols have been developed and vetted.

 

 

 

Many believe that these recent technological developments were long overdue. The pandemic essentially propelled the justice system to modernize its administrative and operational policies. Remote Courts Worldwide (a website created during the pandemic to encourage the global community of justice workers to exchange ideas related to remote alternatives to traditional court proceedings) documents that virtual hearings, arbitrations, and court proceedings are embraced by stakeholders in many countries.1 The consensus is that smart, efficient, industry-disrupting change has brought the international justice system into the twenty-first century. Virtual proceedings are a welcome change for many reasons, not the least of which is the prohibitively high cost of in-person attendance.

International Travel Costs & Virtual Legal Proceedings

The cost of air travel has increased markedly in 2022. Demand issues, inflation, and high fuel costs have driven up per-person airfares. According to the 2022 Global Business Travel Association’s Business Travel Index Outlook – Annual Global Report and Forecast, total international business travel spending is downby 50% from pre-pandemic levels, but individual airfares are on track to rise nearly 50% this year over 2021 and are predicted to continue to rise in 2023.2

An intercontinental long-haul business class ticket from the United States will usually average between $3,000 and $5,000 roundtrip onboard major national carriers. Fares are often the highest on flights longer than twelve hours (i.e., to the Middle East, Australia, or Southeast Asia) and may range from $5,000 to $12,000.3

COMPARING COSTS FOR IN-PERSON ATTENDANCE

The following is an example of a business travel cost profile for an international arbitration hearing taking place in London and involving three US attorneys, two Paris attorneys, two local witnesses, and three litigation support personnel. The average business trip to London is 5.8 days4, during which these travelers will require accommodations for five nights, food for six days, and ground transportation for six days.

INTERNATIONAL BUSINESS TRAVEL EXPENSES & TRAVEL TIME TO LONDON FOR ONE LEGAL PROCEEDING

 

 

Person Traveling Number Originating City Airfare Travel Time Hotel Food Ground Total
US Lawyers 3 Chicago $3,079 $5,850 $2,200 $750 $400 $36,837
Paris Lawyers 2 Paris $325 $1,950 $2,200 $750 $400 $11,250
Witnesses 2 London $0 $0 $1,500 $350 $250 $4,200
Trial Consultant 1 New York $2,325 $2,400 $2,200 $750 $400 $8,075
Trial Presenter 1 Los Angeles $3,944 $3,300 $2,200 $750 $400 $10,594
Graphic Designer 1 Dallas $3,079 $3,000 $2,200 $750 $400 $9,429
Total In-Person Attendance               $80,385

 

Notes: Airfares based on Delta business class in November 2022. Travel time based on Chicago to London 9hr. x 2(RT) @$325/hr.; Paris to London 3hr. x 2(RT) @$325/hr.; NY to London 8hr. x 2(RT) @$150/hr.; LA to London 11hr. x 2(RT) @$150/hr.; Dallas to London 10hr. x 2(RT) @$150/hr. 

As demonstrated in the chart above, the cost of travel time can be as much or more than the cost of flights to attend an international arbitration or other legal hearing. Spending many hours traveling to and returning from the various steps of an international proceeding is not only an expense for a client, but productivity is also lost for the legal professionals involved.

If time is money, there could not be a more direct equivalency than the legal industry’s billable hour, and often lawyers apply the same hourly rate for travel hours as for work hours. When complex matters demand a legal team, these costs are multiplied. Then there is the issue of witnesses who would need to travel and perhaps wait around to testify, not to mention the time commitment and expenses related to other on-site billers and support staff. Add in the unpredictability of airline delays, and costs will continue to mount.

VIRTUAL HEARINGS SAVE MONEY (AND THEY’RE HERE TO STAY)

 

 

 

With the cost of international air travel rising sharply, remote hearings are a practical alternative to in-person proceedings. International travel is expensive, and the virtual option means that it is no longer necessary to count travel as a “cost of doing business” when pursuing an international dispute. The widespread use of technology in global dispute resolution proceedings gives attorneys and their clients the option to participate remotely, which is a compelling cost saver for all parties.

Industry news reports tell the story:

Technology has become ubiquitous in international arbitration.5 Japan expedites court proceedings with Microsoft Teams.6 Beijing’s “Internet Court” enables people to file lawsuits online.7 In India, 19.2 million cases have been heard virtually in the High Court and district courts.8

Such reports are convincing evidence of the commitment to the continuation of virtual proceedings in legal forums around the globe. Remote and hybrid proceedings in the international legal setting appear to have a very secure future.

Put Your Best Foot Forward in Virtual Legal Proceedings

Technology in the courtroom is not particularly a new concept, and international arbitration centers were working in the direction of modernizing when they had to fast-track guidelines to convert to primarily virtual hearings.9 The wholesale adoption of online proceedings may have caught some firms unprepared from a technical production standpoint.


References:

  1. See www.remotecourts.org.
  2. See gbta.org.
  3. Keyes, Scott. The Complete Guide to Business Class Flights. Scott’s Cheap Flights. April 28, 2022.
  4. Johnson, Georgia-Rose. Business Travel Statistics. Finder.com. February 18, 2021.
  5. Vishnyakov, Mikhail. CIArb Guidelines on the Use of Technology, The Law Society Gazette. March 18, 2021.
  6. Yates-Roberts, Elly. Japan expedites court proceedings with Microsoft Teams. Technology Record. February 4, 2020.
  7. China: Beijing’s ‘Internet Court’ enables people to file lawsuits online. Remote Courts Worldwide. September 20, 2022.
  8. Harris, Joanne. Access to justice: India leads post-Covid shift in courts’ use of technology. International Bar Association. October 12, 2022.
  9. Caroni, Barnardo. Fast Track Arbitration and Virtual Protocols in the COVID-19 ERA: Some Suggestions from Asia. October 20, 2022.
© Copyright 2002-2022 IMS Consulting & Expert Services, All Rights Reserved.

Top Legal Industry Highlights for November 2022: Law Office Hiring and Expansion, Industry Awards and Recognition, and the Latest Updates in Diversity and Inclusion

Happy Holidays from the National Law Review! We hope you are remaining safe and healthy as Thanksgiving rolls around. Read more below for the latest in law firm hiring and expansion, noteworthy industry awards and recognitions, and the latest news in law firm diversity, equity, and inclusion efforts.

Additionally, please be sure to check out the latest Legal News Reach podcast episode from the NLR: “What’s New In Law Firm Thought Leadership? with Alistair Bone, Vice President for Passle.

Law Firm Hiring and Expansion

Oblon, McClelland, Maier & Neustadt, LLP has added attorney Mark Nagumo as Of Counsel in the firm’s Chemical Patent Practice Group. Mr. Nagumo, who is a former U.S. Patent and Trademark Office administrative patent judge, has a great deal of experience in chemical research, particularly with regard to biomolecules, materials, and a wide range of other analytical techniques.

“We are thrilled to welcome Mark to our firm,” said Oblon Managing Partner Philippe Signore. “Mark is an extremely knowledgeable and respected chemical patent attorney whose many years of experience at the USPTO offers tremendous value and benefits to our clients. He is a great addition to our team.”

Polsinelli PC has appointed two new co-chairs of the firm’s Business Department: Jane Arnold and Kolin Holladay. Ms. Arnold, an experienced attorney in mergers and acquisitions, is based in the St. Louis office, where she currently serves as Office Managing Partner. Mr. Holladay, who also focuses his practice on mergers and acquisitions, is a Shareholder in the firm’s Nashville office.

“The selection of Arnold and Holladay as Business Department Co-Chairs reflects the firm’s long-standing commitment to inclusion, representation, and geographic diversity at every level,” said Chase Simmons, Chairman and Chief Executive Officer of Polsinelli. “Both are leaders who are highly respected within our firm and the industries in which they practice. Under their leadership, the Business Department will continue to create meaningful opportunities for our lawyers and clients, all consistent with our strategic priorities.”

James M. Tartaglia has rejoined Steptoe & Johnson PLLC as Of Counsel in the firm’s Charleston office. With a background in mineral title opinions and due diligence, Mr. Tartaglia joins the firm’s Energy Group , where he will focus his practice on energy contract law.

“We’re looking forward to having Jim back at the firm,” said Steptoe & Johnson CEO Christopher L. Slaughter. “His skill set and knowledge of the oil and gas industry strengthens our energy contracts practice and will be an asset to our clients.”

As of November 1st, 2022, Proskauer Rose LLP has promoted 33 of its attorneys – 25 to partner, and 8 to senior counsel. This class of promotions is the firm’s largest to date, and it includes attorneys from nine different offices around the world.

“We are delighted to promote this talented group of lawyers, whose values, entrepreneurial spirit and drive represent the best of the Firm,’” said Steven M. Ellis, Chairman of Proskauer. “We congratulate each of these new partners and senior counsel on this milestone and wish them continued success as they support our clients, secure historic victories, set precedents and serve as strategic partners.”

The following attorneys have been promoted to partner: Michelle AnneseKimberly BraunRyan CarpenterAliza CinamonGrant DarwinChristopher ElsonNolan GoldbergLaura GoldsmithOliver HowleyJohn IngrassiaPhilip KaminskiChristine LazatinShawn LedinghamMatthew LevyStéphanie MartinierRichard MillerBharat MoudgilAdam NelsonCaroline RobbinsCameron RoperBradley SchecterAdam ScollSean SpenceScott Patrick Thurman, and Harriet West.

The following attorneys have been promoted to senior counsel: Stephen ChukPinchos GoldbergAllison Lynn MartinJennifer RigterinkJurate SchwartzJennifer YangEdward Young, and Oleg Zakatov.

Frost Brown Todd has combined with California-based law firm Alvarado Smith, effective January 1, 2023. The combined firm will have more than 575 attorneys in 17 offices across nine states and Washington, D.C, with AlvaradoSmith’s addition providing strategic expansion into the Los Angeles, Orange County, and San Francisco markets.

AlvaradoSmith is known for successfully taking on matters and clients often associated with big firms, while FBT has the resources of a large firm with the culture of a boutique shop,” said AlvaradoSmith Managing Shareholder Ruben Smith. “That’s why we’re confident this combination will be an excellent fit, allowing us to grow our capacity and resources while still retaining our deep connection to clients and community. We look forward to a very productive future with Frost Brown Todd.”

“This merger is a natural next step and tremendous growth opportunity for both Frost Brown Todd and AlvaradoSmith,” said FBT Chief Executive Officer Adam Hall. “As one of the largest and most influential economies in the world, California intersects with every one of Frost Brown Todd’s practice groups and many of our offices. We know our clients will benefit greatly from the extensive knowledge and relationships that AlvaradoSmith attorneys have cultivated throughout the state for decades. We look forward to working with them as we significantly expand our presence in California and strengthen Frost Brown Todd’s preeminent industry teams.”

Legal Industry Awards and Recognition

Ballard Spahr has received 26 National Tier 1 rankings in the 2023 Best Law Firms and a total of 160 rankings across all Best Law Firms categories. Best Law Firms rankings are gathered based on surveys from clients and professional references. To qualify, a law firm must have one attorney who is recognized in the current edition of Best Lawyers in a Best Law Firms-ranked practice area or metro area.

Ballard Spahr received National Tier 1 rankings in the following categories:

  • Banking and Finance Law
  • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
  • Commercial Litigation
  • Copyright Law
  • Corporate Law
  • Criminal Defense: White-Collar
  • Employment Law – Management
  • Environmental Law
  • Labor Law – Management
  • Land Use & Zoning Law
  • Litigation – Banking & Finance
  • Litigation – Bankruptcy
  • Litigation – First Amendment
  • Litigation – Intellectual Property
  • Litigation – Labor & Employment
  • Litigation – Patent
  • Litigation – Real Estate
  • Media Law
  • Mergers & Acquisitions Law
  • Patent Law
  • Public Finance Law
  • Real Estate Law
  • Securities / Capital Markets Law
  • Securities Regulation
  • Trademark Law
  • Trusts & Estates Law

Lauren Wachtler, partner at Barclay Damon’s New York office, will be honored with the prestigious Hon. Shira A. Scheindlin Award for Excellence in the Courtroom by the New York State Bar Association’s Commercial & Federal Litigation Section. Ms. Watchler’s practice focuses on commercial and business litigation matters, and she advocates for women’s equality in the legal profession as well as mentoring and educating young attorneys.

The Scheindlin Award is presented annually on or around November 6, the date women were granted the right to vote in 1917 in New York state. “It is a true honor to receive the Scheindlin Award,” said Ms. Wachtler. “Judge Scheindlin was a gifted jurist and continues to be a role model for women in our profession.”

The award honors its namesake Shira A. Scheindlin, the Commercial & Federal Litigation Section’s former chair and former district judge for the Southern District of New York. Scheindlin said, “I extend my sincerest congratulations to Lauren for being selected to receive the Scheindlin Award. Her commitment to the legal profession and mentoring young women attorneys is truly inspiring and continues to grow year after year. Women litigators still face adversity in the courtroom; however, Lauren’s work will hopefully pave the way for future generations of women litigators.”

Foley & Lardner LLP has received the Corporate Citizen Award from the Three Harbors Boys Scouts of America Council, which seeks to honor a particular organization that exemplifies the Scout Law through community service and upstanding business practices. The award will be presented at the Distinguished Citizen Award Dinner in Milwaukee on November 17, 2022.

Foley was selected for its long-standing support of Scouting, as well as the firm’s significant pro bono support through Partner Peter Fetzer to Three Harbors Council. Mr. Fetzer is a partner in the firm’s Milwaukee office, where he focuses his practice on securities regulation, mergers and acquisitions, corporate governance and general corporate counseling to mutual funds, exchange traded funds, publicly traded investment advisers and public companies.

Diversity, Equity, and Inclusion in the Legal Profession

Womble Bond Dickinson attorneys Britt Biles and Stephanie Yarbrough have been selected for inclusion on Women We Admire’s 2022 Top 50 Women Leaders in the Law list, which celebrates influential and successful women in the legal field.

Ms. Biles is a Litigation Group Partner who played a key role in the federal government’s response to the Covid-19 pandemic. After her time as Associate White House Counsel and SEC senior enforcer, Biles became Senior Counsel of the Small Business Administration, where she was principal legal advisor to the CARES Act Administrator and an active participant in drafting guidance for the Paycheck Protection Program. At Womble Bond Dickinson, she focuses her practice on business litigation and government investigations.

Ms. Yarbrough is a Womble Bond Dickinson Global Board Member and Economic Development Team Co-Chair who has spent her two-decade legal career aiding economic development in the southeastern United States by helping domestic and international companies expand their operations to Charleston and surrounding regions. Yarbrough’s role in creating thousands of new jobs and billions in investments has led her to become an industry thought leader, speaking at local and national events and appearing in a 2017 New York Times article about Charleston’s economy.

Bradley Arant Boult Cummings LLP Partner Gary L. Howard has been selected to serve a one-year term as Vice Chair of the Defense Research Institute’s Diversity and Inclusion Committee. The Birmingham, Alabama attorney has been active with DRI for many years, previously serving as Diversity Expo Chair, Diversity for Success Seminar & Corporate Expo Program Chair, and Annual Meeting Steering Committee Member. Howard’s appointment comes on the heels of his 2021 Albert H. Parnell Outstanding Program Chair Award, which he received for creating engaging educational programming for DRI.

Mr. Howard’s 25-year legal career has seen him managing commercial litigation related to class actions, mass torts, contract disputes, insurance cases, and related matters. He has argued in state and federal courtrooms and is admitted to practice in more than ten states.

Moore & Van Allen have announced the creation of a new Civil Rights & Racial Equity Assessments Practice within their White Collar, Regulatory Defense & Investigation Practice. Fifteen of MVA’s most experienced investigative attorneys will harness the firm’s ESG, internal and cross-border probe, and human trafficking prevention expertise to conduct public-facing racial equity and civil rights audits. These reviews will assist businesses interested in improving their internal and external diversity practices.

Valecia M. McDowell, who will be leading the new practice, commented, “Our Civil Rights & Racial Equity Assessments Practice brings together our deep experience and bench strength in key areas to help our clients strategically assess their internal and external practices, programs, and policies to more thoroughly and thoughtfully address diversity, equity, and inclusion (DEI).”

Copyright ©2022 National Law Forum, LLC