Tag: law firm leadership

Legal News: Law Firm Hires, Professional Recognition and Legal Innovation

With plenty of adjustments and creativity, the legal industry churns into August.  The legal industry has shown remarkable ingenuity as law firms adapt to the challenges of COVID-19 and the ancillary impact of the pandemic.  Below we highlight some law firm hires, law firm innovations and accolades, and legal technology news.

Law Firm Hires and Lateral Attorney Moves

Labor and employment lawyer Ryan McCoy rejoined Norton Rose Fulbright as a partner. McCoy split the past seven years between Baute Crochetiere Hartley & Velkei and Alston & Bird, previously spending eight years as part of Norton Rose Fulbright’s dispute resolution and litigation practice from 2005 until 2013.

McCoy represents clients from the healthcare, pharmaceutical, retail, insurance, transport and insurance industries, focusing his practice on wage and hour class actions, discrimination suits, wrongful termination and retaliation, commercial litigation, and complex insurance coverage. He has also defended clients before the American Arbitration Association in wage and hour violations, sexual harassment, pregnancy discrimination, disability discrimination as well as meal and rest period disputes.

“Ryan impressed us as a young lawyer, and we are thrilled to have him return in his prime. The client demand for employment and labor law seems to be at an all-time high during this unusual time for businesses,” said Shauna Clark, Norton Rose Fulbright’s U.S. head of employment and labor.

“I am delighted to return to Norton Rose Fulbright and collaborate once again with these talented lawyers. The firm’s unmatched global reach and wide range of offerings will benefit my clients significantly,” McCoy said.

Patent attorney Pierre R. Yanney joined Bressler, Amery & Ross law firm as a principal in its Corporate and Commercial Transactions Practice Group. Previously, Yanney was a principal at Baker & Hostetler law firm.

Mr. Yanney focuses his practice on all aspects of patent law, ranging from patent litigation, opinions and counseling, to Patent Office prosecution, and has experience in handling a wide range of technologies including RFID, cellular systems, medical electronics and devices, signal processing, communication systems, electronic tolling, and elevator control systems.  Yanney has prosecuted more than 2,000 patent applications and written more than 100 patent opinions, in addition to arguing several cases before the U.S. Court of Appeals for the Federal Circuit and the Patent Trial & Appeal Board.

“I’m excited to welcome Pierre Yanney to our New York office. Pierre is known for the breadth and depth of his IP experience. It’s rare that you come across someone like Pierre who can write a patent application, get it allowed at the Patent Office, and also litigate patents in district court. His talents and business insights will be a positive addition to our active Corporate and Commercial practice,” said Bressler New York Managing Principal, Mark Knoll.

Labor and employment attorney Scott Nelson joined Hunton Andrews Kurth as a partner in the law firm’s Houston office. Nelson previously was a partner at Seyfarth Shaw LLP, and led Baker McKenzie’s domestic U.S. Employment Counseling and Litigation practice.

Nelson’s practice focuses on complex employment litigation, specifically wage and hour class and collective actions, ERISA litigation, and trade secret and restrictive covenant matters. He also counsels clients on employment law compliance, including international employment law issues, restrictive covenants, wage-and-hour matters, internal investigations, executive terminations, mass layoffs, employee policies, employee training and due diligence.

“Scott’s thorough understanding of the many complex issues our clients face and his impressive track record of experience handling ERISA litigation and advising on international employment law matters complement the strengths of our comprehensive labor and employment practice,” said Emily Burkhardt Vicente, co-chair of Hunton Andrews Kurth’s labor and employment group. “We are pleased to welcome him to the firm.”

Bergeson & Campbell attorney Timothy D. Backstrom passed away on July 24. Backstrom joined Bergeson & Campbell in 2007, and was an expert in the Federal Insecticide, Fungicide, and Rodenticide Act, also contributing to the law and regulation of fuel and fuel additives under the Clean Air Act.

“Tim was an incredibly gifted lawyer, respected by his peers, loved by his fellow colleagues here at Bergeson & Campbell, P.C., and a wonderful man, husband, and father.  He is survived by his wife Lydia Cox Backstrom, his (step) son Christopher Blancato, his brother Paul Backstrom (Kathy), and his cousins Dan and Don Backstrom,” Bergeson & Campbell said in a statement following his death.

Backstrom grew up in Illinois and Wisconsin, later moving to the East coast to earn his undergraduate degree at the Massachusetts Institute of Technology. He earned his law degree at Yale Law School, and then went on to work for the U.S. Environmental Protection Agency’s Office of General Counsel on pesticide, toxic substances, and air quality issues for 25 years, developing a deep understanding of FIFRA.

“We will miss Tim’s uncompromising commitment to legal excellence, his passion for the law, his exuberance for any work composed by Gustav Mahler, and his unrelenting belief that the rule of law will ultimately prevail over the societal challenges we are now experiencing,” Bergeson wrote in a statement.

Law Firm Innovation

Winston & Strawn announced the formation of an Environmental, Social and Governance (ESG) Advisory Team, designed to help companies navigate their ESG profiles. The advisory board will be co-chaired by Winston & Strawn partners Mike Blankenship and Eric Johnson, and utilizes the firm’s experience across disciplines to oversee the ESG issues companies are facing during these challenging times.  Blankenship identifies the correlation between successful businesses and their attention to ESG values, saying, “successful businesses are placing ESG principles at the forefront of their core values and leveraging those principles to chart a path for financial success and future growth to the benefit of all their stakeholders, including employees, customers, vendors, local communities, and stockholders.”

The team includes Chicago partners Mike Melbinger, Eleni Kouimelis, Cardelle Spangler, and Rex Sessions, of counsel Stephanie Sebor; New York partner Tara Greenberg, London partners Peter Crowther and Anthony Riley.  The group will focus on ESG disclosure and messaging, Board oversight of ESG risks, shareholder activism, corporate governance and regulatory compliance.  With an eye to these principles, the Winston & Strawn ESG team will “work closely with clients to develop and execute ESG-related initiatives that best fit their specific needs to the benefit of all of their stakeholders,” Eric Johnson says.

Hughes Hubbard & Reed law firm launched a coronavirus and CARES Act tracker that monitors enforcement actions across the country, targeting Paycheck Protection Program loan fraud, fraudulent COVID-19 cures, as well as violations of state and federal laws. Hughes Hubbard & Reed is monitoring coronavirus government agency filings, and will update the tracker frequently.

To date, Hughes Hubbard & Reed has identified 110 coronavirus and CARES act cases brought by the Department of Justice and Securities and Exchange Commission, with 12 state attorneys general bringing cases. Pennsylvania’s attorney general’s office has been the most active with COVID-19 related legal actions. Forty percent of cases involve alleged criminal violations, and 30 percent of coronavirus related cases include a suspension of securities trading by the Securities and Exchange Commission, with the number of cases growing steadily since April.

The tracker can be accessed here with detailed information on each case, including links to court filings and relevant statutes.

DLA Piper law firm received the 2020 Beacon of Justice Award from the National Legal Aid & Defender Association (NLADA), recognizing the growth of the firm’s pro bono practice focusing on the needs of immigrant children facing abuse, neglect and abandonment. The NLADA also recognized the firm’s collaboration with the American Bar Association to develop habeas corpus petition template pleadings and practice advisories for unaccompanied children.

“We are honored to play a role in advocating for the rights of vulnerable individuals and families seeking a better life in the US,” said Lisa Dewey, pro bono partner and director of New Perimeter, DLA Piper’s nonprofit affiliate that provides long-term pro bono legal assistance in under-served regions around the world. “I am proud of the dedication to serving immigrants that our lawyers have demonstrated through their pro bono service, and we look forward to continuing this important work.”

Jay Bender, a partner at the Birmingham, Ala. office of Bradley Arant Boult Cummings law firm, received the Alabama Commendation Medal from the Alabama Army National Guard for his work on the “Honoring American Veterans in Extreme Need Act of 2019” (HAVEN Act; H.R. 2938).

Bender was presented the award by Amy Quick Glenos, an of counsel attorney at Ogletree, Deakins, Nash, Smoak & Stewart, P.C., and a reserve component soldier and captain in the U.S. Army JAG Corps, Alabama Army National Guard, for which she also serves as trial counsel.

The HAVEN Act was signed into law last year, changing bankruptcy laws to protect disabled veterans experiencing financial hardship. Bender worked pro bono alongside other Bradley attorneys on the law, serving as co-chair of the Legislative Committee of the American Bankruptcy Institute Task Force on Veterans and Service Members Affairs – of which Mr. Bender is a founding member.

“We congratulate Jay on this prestigious recognition of his many years of work and unwavering commitment to protecting disabled veterans in financial distress and ushering the HAVEN Act into reality,” said Bradley Birmingham Office Managing Partner Dawn Helms Sharff. “This recognition is reflective of Jay’s outstanding work and the importance of this landmark law in helping disabled veterans and their families achieve financial stability.”

Tycko & Zavareei law firm won a $11 million settlement representing a healthcare whistleblower in a False Claims Act lawsuit.  Jonathan Tycko of Tycko & Zavareei and Felix Gavi Luna of Peterson Wampold Rosato Feldman Luna law firm represented the whistleblower.

The settlement involved allegations that a testing laboratory owned by Cordant Health Solutions paid kickbacks to two major clients of the laboratory to encourage further testing referrals to the laboratory from those clients. The whistleblower, who was a former employee of Cordant, filed the lawsuit under the qui tam provision of the False Claims Act five years ago. Cordant agreed to pay the government $11,942,913 to settle the claims. The government awarded the whistleblower approximately $2.4 million, or 20 percent of the settlement amount.

“This settlement shows that the False Claims Act works,” Tycko said.  “Through the qui tam provisions of that law, our client was able to bring the kickbacks to the attention of the government in a way that led to both criminal and civil remedies.  We are proud and humbled to represent brave whistleblowers, such as the individual who brought this case.”

“We are grateful for how seriously the U.S. Attorney’s Office, and all the government lawyers and investigators who have worked on this matter, took our client’s allegations, and for the work they did to reach this settlement,” said Luna.

Bryan Cave Leighton & Paisner recently announced that Denver associate, Ivan London, was recently elected to serve on the Board of Advisors for Western Energy Alliance.  Comprised of 300 member companies, the Western Energy Alliance focuses on environmentally responsible exploration and production of oil and gas in the region.  The Western Energy Alliance supports policies to encourage investment and job growth in the region.  London’s practice with Bryan Cave focuses on regulation in energy, environmental and with other natural resource matters.

Legal Technology Innovations

At the end of July, Clariviate Plc announced an agreement to combine with CPA Global, a global leader in IP software and tech –enabled services.  The transaction will be all-stock with an enterprise value of approximately $6.8 billion.  The transaction is expected to go through regulatory approvals, is expected to close fourth quarter of 2020. By combining efforts, CPA Global and Clarivate will provide an IP solution that provides market-leading software, data, technology and services throughout the IP lifecycle, from academic research to IP portfolio management.

Jerre Stead, CEO of Clarivate indicates the company’s share similar core values and expects the partnership to lead to more innovation.  He says, “This is a transformative combination with a strong strategic fit between the two companies. It will create a full-service IP organization which will provide customers with a wide range of products and services to help them make faster and smarter critical decisions.”  Simon Webster, the CEO of CPA Global, echoes the sentiment, calling the move “a natural next step.”  He says, “The fit between our respective product offerings across the innovation and IP lifecycle, the commonality of our vision for the future of the industry, and the alignment of both companies’ cultures and values makes for an extremely exciting future for our customers, employees and shareholders alike.”

Leading accounting firm BDO USA, LLP launched Athenagy, a business intelligence platform for legal professionals, designed to provide the legal department with transparency and critical insight throughout the litigation cycle.  Athenagy is designed to integrate with Relativity®One and can provide critical insight into where data lives and what it does through the steps of a legal hold, providing information to legal professionals.

Daniel Gold, managing director of BDO Managed Services practice, says “Athenagy solves persistent problems that legal departments face when it comes to managing their data. By providing transparency and detailed analytics throughout the data lifecycle, Athenagy is empowering legal professionals to make better, more informed decisions at every step of the e-discovery process, and beyond.”

That’s it for now.  We’ll have more soon.

 

Copyright ©2020 National Law Forum, LLC

How to Get Loyal Clients

For the purpose of running a successful law practice, all clients are not created equal. As a lawyer, a critical element to running a fruitful practice is managing your time in an efficient manner. How and where you invest your time can make all the difference.

As a history buff, I love thinking about government, war, and political change what discussing topics that are relevant in business today. The Declaration of Independence states “all men are created equal.” While this may apply to how we treat others with respect and dignity, we can choose to be more selective with whom we invest our valuable time with.

Invest in Clients Who Have Already Invested in You

Imagine you’re standing in front of an apple tree teeming with fresh apples. Some of these apples are literally right in front of your face, while others are way up high in the tree. For the sake of efficiency, which apples would you select? The lower apples may seem like an obvious choice. And yet, many attorneys are still climbing ladders for those elevated apples. When discussing low hanging fruit with my attorney clients, I always start with a discussion of their existing clients. Our goal is to uncover opportunities, which will produce the highest possible value for the time invested.

As we all know, before you can begin selecting apples you must first plant the seeds and water the trees. As this relates to leveraging existing clients, there is a myth that must be eradicated first. The myth is simple; if you service your client properly, they will be loyal to you. If you believe this for even a moment, welcome back to the ‘80s!

Learn How to Develop Client Loyalty with Intent

Times have changed and so must you in the way you manage your client relationships. Statistically, it’s six times more work and energy to find a new client rather than to keep an existing one. That being said, we all have to step up our game to insure that client loyalty is developed with intent. One of the best ways to accomplish this is to develop a client retention and loyalty plan.

3 Steps to Plan for Client Retention and Loyalty

Before groaning at the idea of writing a plan, I assure you this shouldn’t take more than an hour to accomplish and can make the difference between success and failure in maintaining and building your law practice. Here are the three important elements of a client retention and loyalty plan:

Step 1: Rank Your Clients in a List

Develop a list of your key clients and rank them as an “A, B or C” client. As I stated earlier, all clients are not created equal, so be careful in how you rate these folks. I suggest three qualifiers for determining what makes up an “A, B or C” client.

Ask yourself the following questions about each client — and be honest.

  • How good is my relationship?
  • Can I develop and expand this relationship?
  • Are we friends socially or is our relationship more transactional in nature?
  • Does the client call me for general business advice or just about the deals?
  • Have I helped my client in ways beyond providing legal advice?

Next, try to determine how much opportunity the client has to grow or how connected this client may be.

  • Does the client have a solid network of decision makers that she can introduce me to?
  • Is the client’s company growing and expanding?
  • Are there opportunities to cross-market and share work with my partners?

The last factor in determining who to invest the most time with relates directly to the amount each client has invested with you and if you like or dislike this client.

  • Does this client invest a significant amount of dollars with you or did they invest almost nothing a few years ago?
  • Was this client a complete nightmare to deal with?
  • Did the client cost my firm money due to poor follow-through?
  • Did the client continually question and argue my rate?

Based on these three factors and any others that you believe to be important, invest 20 minutes to create a master list of your top A, B and C clients so that you can move on with step two of this plan.

Step 2: Use the Ranked List to Determine Which Clients to Invest In

Develop a list of contact and relationship building points to help ensure that we are investing the right amount of time with the right clients. Based on their ranking, you are going to do more for the higher-ranked clients and less for the lower-ranked clients. To be clear, if you have a “B” that you want to make an “A” then be sure to increase the amount of touch points with that specific client.

Here are a few examples of different touch points that you can use to develop stronger and stickier relationships:

  • Schedule a lunch or coffee meeting with your client.
  • Go out for drinks and get to know one another better.
  • Send a card on her birthday and for the holidays.
  • Take your client to a game or concert. (It’s important to know what she’s into.)
  • Call your client to see how you can help her business.
  • Email or call your client to congratulate her on something she’s accomplished professionally or personally.
  • Email your client with an article that is relevant to her business. (You can use RSS feeds for this.)
  • Invite your client to a firm event or another high level networking event.
  • Be a resource for your client. Find her a new vendor, strategic partner or an actual new client.

Use these ideas as a guideline to create your “A” column, where a number of these type activities would be used. The “B’s” would receive less contact and the “C’s” less again. For example, you might want to have lunch with your “A” clients four times a year, call each one monthly, email each one monthly and find a solid contact for her twice a year. Again, the “B” clients would get less of your attention and time, unless you want to make that client an “A-lister.”

These are just a few of the many things you can do to stay in constant contact and help ensure longevity with your clients. The side effect of this activity will be to open up more doors for additional business and much needed referrals. The stronger the relationship becomes, the less likely it is that a client will leave over price and the more open to referrals she will become.

Step 3: Make Time to Communicate with Your Clients

While it’s great to set up a plan like this, it’s not worth the paper it’s written on if you don’t implement it. My best suggestion here is to find 30 to 60 minutes a week and schedule time as “client loyalty and development time.” Without making the time and setting it aside, it will never happen for you.

There will always be work and distractions keeping you from this important task. Look at your calendar and find a spot weekly where you are least likely to be distracted or busy. You can even do some of this work on the train, in the evenings or on the weekends.

Develop Client Relationships to Retain Clients

What is a better use of your valuable time: choosing between retaining and developing relationships that already exist and have high potential for growth OR attending local networking events to essentially meet groups of strangers?

Though there is value in both activities, investing time with people who already know, like, and trust you bears fruit much more quickly.

© Copyright 2020 PracticePanther

ARTICLE BY Practice Panther.
For more on legal client management, see the Law Office Management section of the National Law Review.

How Firm Marketing Leaders Can Shake Up the Law Firm “Caste System”

Marketing professionals and other non-lawyers are all too familiar with the age-old hierarchy that pervades law firms and treats attorneys differently from everyone else. Reminiscent of a caste system, this throwback aspect of law firm culture offers attorneys and staff two separate benefits packages, two separate leave policies, two separate dining rooms.

While this system never could have been called equitable, a few professional generations ago firm leadership could provide an understandable justification for it. Law firm staff worked a predictable nine-to-five schedule, while the lawyers put in hundreds more hours per year, working many “all-nighters.” Lawyers’ jobs were highly specialized, while the firm’s non-lawyers performed administrative tasks that were not central to generating revenue.

What a difference a few decades make. Technology has changed the nature of every role within the firm, allowing lawyers to at least assert some work-life balance by working remotely while non-lawyer staff members likely spend longer hours than ever in the office. In addition, today’s forward-thinking firms have expanded the c-suite to include chief marketing officers, chief information officers and chief financial officers. Increasingly they are also hiring internal operations managers and other pricing experts who can speak the same language as the procurement professionals GCs count on to save their companies money. Each of these members of the team bring highly specialized training and skills to their role — and make a measurable impact on the bottom line. And whether managing partners genuinely value their skills, or are simply responding to client demand for their expertise, the result is the same: these professionals now have a seat at the table with clients.

Given this new reality, it no longer makes sense to cling to a law firm culture that renders non-lawyers second-class citizens. And yet old habits die hard. CMOs may finally be getting (a portion of) the respect they deserve, but what about the members of their teams who execute marketing strategy and play a crucial business development role with existing clients?

To be sure, marketing professionals still face an uphill battle in demonstrating their value to firm leaders. But the upheaval in the old system has created an opportunity for CMOs and marketing directors. With the right strategy and messaging, they can use their newfound platform to advance a discussion about firm policies and shed light on the fundamental work of non-lawyer professionals. Here are three ways to get started:

Rebrand your legal marketers as a business development team. Think carefully about how you talk about what you do when you interface with other stakeholders in the firm. Craft your messaging to emphasize the ways in which marketing directly generates revenue. For many large firms, a significant portion of new business comes from expanding engagements with existing clients, and marketers are on the front lines servicing those client relationships and creating opportunities for attorneys to sell across practices.

And make the case with data. Marketing leaders can use many available tools — from the simple to the sophisticated — to collect and process information about their campaigns and initiatives, and understand what really gets results. Firm leaders respect and respond to hard numbers that help them assess how your department is converting firm resources to new opportunities for business development.

Speak up about policies that don’t pass the smell test. The broader culture is extremely sensitive to matters of diversity and equity, and while law firms may be later arrivals to this conversation, their corporate clients are paying close attention. Is the cost savings of a two-tiered benefits package (assuming there is one) really worth the potentially damaging optics of a negative news story on the firm’s throwback culture? Is your diversity and inclusion initiative really embracing inclusion if only lawyers — and not professional staff members — are invited to participate? Legal marketing leaders can use the credibility they have gained to make the case for reexamining problematic policies and suggesting alternatives.

For most legal industry veterans, it’s impossible to imagine law firms that don’t elevate lawyers high above the rest of the staff. And while we probably won’t be saying goodbye to this outdated aspect of firm culture anytime soon, the demands of the marketplace have introduced some much-needed wiggle room into long calcified roles. Don’t miss this opportunity to help firm leaders appreciate the crucial contributions of legal marketers.

© 2020 Page2 Communications. All rights reserved.

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

Three Messages Next-Generation Recruits Need to Hear from Law Firms

By sheer numbers, millennials make up the largest generational group at midsize and large law firms today. Within the past few years, the oldest members of that generation began reaching partnership, and soon they will take over leadership positions as well. But the transition hasn’t been easy. Law firms know they must adapt in big ways to recruit, motivate and retain these lawyers, while at the same time working to stay relevant to firm clients. After all, the majority of legal services buyers will soon be millennials too.

Firms understand what matters to these younger lawyers; meaningful work, equity and inclusion, and work-life balance are all factors that determine where they choose to build their careers.

Most firms are at least beginning to reimagine some of the ways they do business in order to accommodate the needs of this new generation of lawyers. But not all law leaders grasp the important role communication strategy should play in their efforts to modernize. You might be taking the right steps, but how are you talking about that work with your target audience?

Here are three messages your firm must express:

 “We have a plan to make our firm more diverse and inclusive.”

Millennial lawyers know that most firms have been talking about diversity and inclusion for years without making much progress on advancing women, people of color, LGBT lawyers and lawyers with disabilities. They want to work for a firm that goes beyond lip service to articulate a plan of action and ambitious benchmarks that will hold leadership accountable for leaving the country club culture behind. What does that look like?

  • Provide PR support for diverse attorneys to help them build their profiles and develop business. Deploy your communications resources strategically to shine a light on your firm’s future superstars.
  • Address pay equity and the need for change. Millennials value authenticity, and they interpret silence on issues like this as complicity with unfair practices.
  • Demystify networking. Business development training and participation in professional associations can help these lawyers build their business in ways that feel natural and effective.
  • Equalize access and opportunity. How do cases and matters get staffed at your firm? Do you have a method for fairly distributing work and making sure a wide swath of your attorneys get to take a crack at high-profile work?

“We want you to have a life outside work — really.”

Millennials are more skeptical of institutions than past generations, and that means they are pretty good at spotting empty promises. So in order to appeal to these lawyers, your firm will have to get beyond platitudes and commit to specific policies and initiatives that encourage and protect work-life balance. How can you convince them you mean it?

  • Embrace flexible scheduling. Firms that will not budge on schedules virtually guarantee that parents — and women more often than men — will be forced to make impossible choices between their children and their career.
  • Destigmatize parental leave. Men and women both risk being viewed as “out of the loop” or not sufficiently committed to the firm if they choose to take time off after their babies are born, and that can have real negative consequences for their careers. Hold up and celebrate cases of men in leadership who take parental leave. Make it the new norm.
  • Address mental health issues head on. By now we’re all familiar with the alarmingly high incidence of depression, substance abuse and suicide among attorneys. Millennial lawyers want to know firms are not sticking their heads in the sand when it comes to mental health.

“We want you to succeed.”

Enduring and succeeding in the survival-of-the-fittest law firm culture may have been a badge of honor for generations past, but not for millennial lawyers. This cohort values collaboration and fairness more than gaining a competitive edge on their peers, and forward-thinking firms will adopt new policies and practices that assure millennial lawyers the game is not rigged. How can you communicate your support to these associates and younger partners?

  • Make your billable hour expectations transparent. According to the Young Lawyer Editorial Board of the American Lawyer, associates just want their new firms to be straight with them about how many hours they are expected to bill. And they don’t mean the published hours requirement.
  • Take mentorship seriously and prepare young lawyers to take advantage of it. Mentorship programs succeed when firms devote time and resources to them, and when they make thoughtful decisions about which partners should participate. (Not everyone is cut out to be a mentor, and that’s okay.)
  • Consider a sponsorship model. Sponsors move beyond the traditional mentoring engagement to advocate for their protégé. This may mean expanding the perception of the kind of work the lawyer can take on, brokering connections with other partners or with clients, or advocating when it comes time to staff cases. A sponsor uses his or her power and access to ease the younger lawyer’s advancement, particularly if that younger lawyer is a woman or other minority in the firm.

Firms who get their messaging right — and implement policies and processes that back those messages up — will be well-positioned to recruit the best and brightest next-generation lawyers.

© 2020 Page2 Communications. All rights reserved.

For more on the law firm workforce, see the National Law Review Law Office Management page.

Legal News and Updates for January 2020: Law Firm Moves, Legal Industry Trends

Law firms and the businesses that surround them have hit the ground running in 2020, with tons of announcements, big moves by law firms and innovation across the entire field.  Read on for a small taste of some of the exciting developments in the legal industry.

Hiring and Law Firm Moves

Patent preparation and prosecution law firm, Harrity & Harrity, LLP recently announced the firm had added four new patent attorneys: Joseph Lentivech, Patrick Hansen, McCord Rayburn, and Bret Tingey; as well as two new law clerks: Sara Ko and Abigail Troy.

Joseph Lentivech is based in Mobile, Alabama, and returns to Harrity & Harrity to practice after his service as an Administrative Patent Judge at the United States Patent Trademark Office (USPTO).  His practice focuses on the prosecution of patent applications in electrical and computer technologies, encompassing telecommunications and computer hardware and software.  Patrick Hansen will be based in the Raleigh office, and has experience representing petitioners and patent owners in post-grant proceedings, with specialization in patent applications for electrical, computer and mechanical technologies.  McCord Rayburn has international patent experience, coordinating inbound national state patent application filings for foreign corporations, and he will work out of the law firm’s Charlotte office.  Bret Tingey focuses on patent preparation and prosecution in mechanical and electrical technology, with extensive experience writing memos and briefs in IP litigation–including some submitted to the US Supreme Court–and he will be based in Raleigh.  Law Clerks Sora Ko and Abigail Troy both have experience in patent preparation and prosecution before the USPTO and will work out of Harrity & Harrity’s DC office.

Paul Harritiy, a partner in the firm, called the group “superstars” and says, “we are excited for this group to join our team and assist the firm in continuing to provide excellent customer service to our Patent 300 clients.”

Lipson Neilson started off 2020 by announcing it has added nationally-recognized Surety & Fidelity Law attorneys Phillip G. Alber, Jeffrey M. Frank, Omar J. Harb, and Jessica L. Wynn, all four previously with Alber Frank PC law firm. Alber will head up a new Lipson Neilson office in Grosse Pointe, Michigan, and Frank, Harb and Wynn will be based in the firm’s Bloomfield Hills, Michigan office.

Jeffrey Neilson, a co-founder of the firm, says,  “They’re a tremendous and immediate asset to our firm in the area of Surety & Fidelity Law and bring significant expertise in other areas of law and litigation as well. I think their decision to move to Lipson Neilson is a good indication of our reputation, our work and our culture.”

In a move that will strengthen the firm’s healthcare and corporate practices, Manatt announced that Paul A. Carr-Rollitt has joined as a healthcare partner in the Los Angeles office. Carr-Rollitt focuses his practice on corporate healthcare concerns, and his healthcare transaction experience includes mergers and acquisitions, joint ventures, reorganizations, affiliations, public offerings, and private equity transactions.  His practice includes advising non-traditional and traditional health care entities, and his advice is legal, business-oriented, and incorporates strategy as well as policy concerns.  Bill Bernstein, the leader of Manatt Health, calls Carr-Rollitt a “perfect fit” with Manatt’s growing practice.  Bernstein says, “He brings with him an excellent roster of clients and has a national healthcare practice, which encompasses both payers and providers.”

On his end, Carr-Rollitt says Manatt’s blending of strategy with legal advice is an approach he’s always appreciated.  “I am excited to be part of a firm that has a strong understanding of and commitment to the future of the healthcare industry and to work with some of the most forward-thinking professionals from coast to coast,” he says.

Last week, Katten announced that Mitchel C. Pahl has joined its Employee Benefits and Executive Compensation practice as a partner in the New York office. Pahl’s practice concentrates on employee benefits and executive compensation in private and public company M&A’s.  He has also been involved in high-profile corporate transactions in a variety of industries including real estate, health care, and financial services.  Additionally, he has advised clients on the operation and design of qualified retirement plans, equity incentive plans, and other compensation arrangements, as well as on negotiating executive employment agreements and separation packages.

Kate Ulrich Saracene, Katten partner and leader of the firm’s Employee Benefits and Executive Compensation practice, praises Pahl’s decades of experience across complex transactions. “Mitch also brings new capabilities to Katten with his focus on qualified retirement plans, benefit plans for non-profits and experience working with ESOPs,” says Saracene. “With the addition of Mitch, we’ve achieved our goal of building a full-service employee benefits and executive compensation practice, able to advise any type of client on any type of plan or transaction.”

Cornerstone Research started off 2020 by naming  Dr. Yesim C. Richardson as President.  In a departure for the organization, Richardson will share leadership with CEO Rahul Guha, who also took on his role on January 1, 2020.  The duo succeeds Michael E. Burton, who had served in both roles since July of 2014.

Yesim Richardson Cornerstone Research
Yesim Richardson

After a period of succession planning, the organization decided it made the most sense to divide the responsibilities of the CEO and President, and have two individuals fill those roles instead of combining them.  “At this stage in our history,” says Dr. Guha, “we believe splitting the CEO and president responsibilities ensures the most effective leadership structure for our future.” Prior to her appointment as President, Dr. Richardson served on Cornerstone Research’s board of directors, and has been active on firm governance committees.  In her new role as president, she will focus on talent strategies and service delivery, and continue to consult and support Cornerstone Research experts on litigation matters and other consulting questions.  “Cornerstone Research has always lived its values . . .we have been guided by our commitment to deliver top-quality work to our clients, provide exceptional support to our experts, and develop pathways to leadership for our outstanding staff,” says Richardson.  “We have enhanced the way we run the firm to support this commitment even more fully. I am proud and grateful to partner with Rahul as we look ahead to the continued growth and success of this extraordinary company.”

Porter Wright announced last week that Deb Boiarsky was promoted into the firm’s Chief Operating Partner position.  This development comes after the firm has grown, with two new offices and a 30-percent partner increase across the firm.  Boiarsky focuses her practice on employee benefits–specifically ERISA and IRS compliance–but in her role as the Chief Operating Partner, she will work with firm leadership to oversee day to day operations at the firm with an eye towards strategy and securing firm growth and development.   Bob Tannous, managing partner of Porter Wright and the former Chief Operating Partner, indicates that a business mentality is key to success in this role.  “Deb is known for being measured and considerate,” he points out, “and for fostering strong relationships in and outside of the firm.”

Law Firm Innovation and Developments

Kluk Farber, a female-founded law firm in New York and Los Angeles, has partnered with Vivvi Early Learning, a provider of employer-sponsored on and near-site child care, to provide children aged six weeks to five years access to near-site back-up care.  Vivvi has worked in a variety of industries with employers to provide childcare for employees, including hospitality, media, and advertising. Partnering with companies who understand childcare is a major pain point for their employees, and their solution can increase employee morale while lowering turnover and absenteeism.

Kluk Farber, already a progressive leader in the legal industry for providing flex-time and supporting work-life balance, entered into this partnership acknowledging that the way child care is traditionally set up is not ideal for working families.  “Being a female in law is not an easy feat to begin with, but having a family and achieving work-life integration? That’s nearly impossible,” she says.  “We learned of Vivvi’s transformational work through the NYC female founder community, and knew instantly that it was a resource we needed to integrate immediately.”

Norton Rose Fulbright advised on the development and implementation of the world’s first consumer-ready digital fiat currency, assisting NZIA Limited to create the currency for the Central Bank of the Bahamas.  The currency, known as “Sand Dollars” is a central bank digital currency_or CBDC–and is part of Project Sand Dollar.  Sand Dollars will be issued by the state’s central bank, and are the same as legal tender, backed by the government and used by the public.  The currency went live in digital wallets in December of 2019 and was used locally immediately after, as local businesses were onboarded through banks and other financial institutions. Now, the sand dollars are basically, legally, the same as cash.

The Bahamas was one of the first areas to develop a CBDC, and the island nation will benefit in a variety of ways; including inclusion in the financial system of unbanked and improved expenditure and tax systems. Norton Rose Fulbright Vancouver-based partner, John Kim, commented: “The innovative nature of Project Sand Dollar required us to provide equally innovative solutions to our client. Our input resulted in a system that would not only meet the requirements of current financial and regulatory regimes but actually leverage them to provide a CBDC solution that enables people to conduct more secure and instant transactions.”

Paige Justus
Paige Justus

Fortis Law Partners will now offer legal guidance on estate planning practice, assisting clients with asset-protection strategies, gift planning, and tax reduction. Paige K. Justus, a senior corporate associate with the firm, will head the practice, which will also assist clients with wealth protection strategies, wills, living trusts, powers of attorney, guardian designations for minor children and healthcare declarations. Along with individual estate planning strategies, the estate planning practice group will work with nonprofits desirous of obtaining tax-exempt status assistance.

Legal Technology and Industry Developments

Embroker, Inc, a digital insurance company, announced the Lawyers’ Professional Liability platform, ideal for both large and small law practices. This platform allows law firms across a variety of sizes to secure and enroll in legal malpractice insurance quickly, efficiently and affordably.

Embroker CEO Matt Miller says the new Embroker platform can leverage technology to improve a traditionally onerous process.   “They [attorneys] only have to spend a few minutes on each year and receive a quote from an A+ rated insurance provider,” Miller says. “By leveraging Embroker technology, our overhead is less intensive than the traditional decades-old model, and we are also able to provide lower rates that are going to be very attractive.”

Embroker will target law firms with 1-10 attorneys nationally,  as these are traditionally most impacted by the onerous process of purchasing malpractice insurance without large staffs.  The platform is currently available in 31 states, with approval pending in other states as the product is offered nationwide.

Lex Mundi recently released its Global M&A Trends Report, featuring insights from almost 70 Lex Mundi member firms from all over the world.  Each of these firms shared insights on mergers and acquisitions within their purview, focusing on key concerns facing M&A practitioners, deal activity by segment, and 2020 predictions.  The report indicated that due diligence and deal structure rank highly, with 18% and 14% of member firms respectively ranking those issues as major areas of concern.  Matters of cybersecurity and data privacy are spurring concerns in due diligence, as buyer companies are working to mitigate risk across cyber, anti-corruption, and data privacy.

Despite global disruptions such as trade wars, Brexit, and economic instability, the majority of Lex Mundi Member firms (as much as 60%) indicated they expected M&A activity to remain the same in 2020; with the top industries such as energy and power, financial services, manufacturing, technology, healthcare, and life sciences seeing heavy activity.

Last week Jennifer Schaller moderated a panel at the 27th Annual Marketing Partner Forum in Miami, Florida on Client Journey Mapping for Law Firms.  In conjunction with the discussion on Client Journey Mapping, the National Law Review is conducting a survey on elements of client journey mapping, and we will be analyzing and writing up the results.  The survey is still open, so please consider taking a few minutes to add your insights.  All responses are completely confidential.

That’s it for now.  More to come as 2020 progresses!

Copyright ©2020 National Law Forum, LLC

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

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.

Law Firms and Millennial Attorneys: Strategies to Develop Leadership Pipelines for Smooth Firm Transitions

Next year millennials will make up one-third of the workforce.  A recent study released by ManpowerGroup provides some compelling insight about millennials in the workplace.   The study asked 19,000 Millenials and 1,500 managers across 25 countries how they viewed their careers and what were their career priorities, with the goal of offering practical advice for millennials and their employers in the quickly evolving work environment.  The results offer some statistics and finding for employers generally, and law firms, specifically, have some lessons to take to heart.

According to the survey, 23% of the millennial respondents said making a lot of money is their main goal, 21% want to make a positive contribution and 20% want to work with great people.  But only 22% of the millennials surveyed indicated an interest in growing into leadership roles and only 4% of millennial respondents valued “managing others.”

These factors, when combined with the boomer exodus out of the workforce is pointing to a leadership vacuum across industries, with 84% of organizations anticipating a shortfall of leaders over the next five years.  In fact, leadership transitions are becoming more frequent and complex, and developing a leadership pipeline in law firms needs to become a top priority.  Law firms, when working with millennial attorneys, would be well-served to find ways to incentivize leadership, increase transparency surrounding firm decisions, especially the partnership process in order to create a leadership pipeline to ensure successful succession planning and relationship management.  To examine this issue, we spoke to several law firm consultants on the state of leadership in law firms,  how firms can engage and cultivate their millennial talent to take on leadership roles, and how marketing and business development teams fit into this process.

Importance of Developing Millennial Leadership and Talent at the Associate Level

Jonathan Kirschner, CEO of AIIR Consulting, points to conditions in law firms, that may make developing leadership habits in millennial attorneys more challenging.  In a traditional law firm structure, leadership at the associate level is not incentivized. Associates are valued for their ability to work hard and long, creating a situation where young lawyers are not encouraged to reach out and develop leadership skills, but rather rewarded for keeping their nose to the grindstone.  Kirschner says, “If a newly minted lawyer has to choose between a single billable hour and coaching a colleague or peer, the former is a much more useful currency in today’s traditional firm.”  Alycia Sutor of GrowthPlay points out that many of the characteristics that comprise good leaders are important to millennials–just divorced from the authoritarian and hierarchical packaging associated with a traditional law firm. Kirschner says, “firms need to do a much better job defining what leadership is and why it is important.  If leadership isn’t treated as a significant factor in promotability, then there is a strong chance it won’t be cultivated.”

The Role of Transparency and Feedback in the Law Firm Leadership Pipeline

Sutor points out that firm looking to secure their leadership pipeline would do well to “exemplify the kind of behaviors that millennials value–being more transparent . . . and being relationship-focused and investing in the success of the people at the firm.”  In doing so, firms can cultivate their high-potential talent and help ensure the firm’s leadership for years to come.  By providing young lawyers with feedback and offering mentorship and advice, Kirschner says, “associates become more self-aware of their strengths to leverage, develop key leadership skills, and cultivate client management skills, and firms will, in turn, build up bench-strength.”  Finding ways to offer feedback and evaluation–in a positive, affirming way can show young attorneys that they are an important part of the firm’s future.  John Remsen, Jr of the Remsen Group points out that providing positive feedback in a public setting can be an easy, inexpensive way to cultivate the kind of behavior law firm leadership wants to see, and help younger attorneys feel invested in turn with the firm.

As part of embracing transparency,  Kirschner suggests that eliminating some of the mystery around the Partnership approval process can help. Young attorneys are often likely confused and frustrated–they have the ambition and desire to reach that level, but don’t know what else is required beyond hard work.  Kirkschner says, “firms with great succession planning practices favor transparency over keeping a black-box around both the process as well as the necessary skills and competencies.”   By clarifying advancement criteria law firms can develop a system where important metrics are met, and this can open the door to non-billable activities the firm may want to encourage–such as pro-bono work or legal marketing activities.  Remsen  agrees, saying, “Everyone will give you what you want, if you indicate that it matters, set the expectations, apply metrics and ultimately reward the desired behaviors.”

Creating a Law Firm Culture to Develop Leadership Talent

According to Remsen: “There are things law firms can do beyond dollars to build a culture where young lawyers want to go and thrive.”  Law firms find extreme value in taking steps to craft a leadership pipeline, such as shifting the hierarchical structure to create a space for younger attorneys to flex their leadership abilities and shape the firm into a place where they want to be.

There are plenty of ways to do that, and Sutor says, “firm leaders can give millennials opportunities to practice leading on a small scale.”  Remsen agrees, suggesting law firms create “deputy” positions with the firm to encourage younger attorney engagement.  By getting more creative about leadership development, firms can reconfigure talent pipelines to create new leadership levels, Kirschner says, “this can increase career optionality and make mobility less of a zero-sum experience.”

Firms should also consider asking younger attorneys for input on firm culture issues–especially in relation to changes to make the firm more attractive to attract and retain talent.  Sutor suggests: “create opportunities for millennials to reverse mentor or teach others . . . charge them with connecting to others across the firm for the purpose of feedback and perspective on an issue up for discussion.”  Keep in mind this may open the door to some dramatically different suggestions about how the firm does things–especially surrounding work-life balance issues.  However, the changing dynamics of the job market coupled with millennials’ willingness to change jobs or even careers, large changes in workplace culture at law firms may well be worth considering.

Pro bono projects are excellent opportunities for young attorneys to take a leadership role, manage a matter, and contribute to their own development in a way that can make a difference both to the pro bono client and within the firm.  This can be a win-win for the firm and the attorney involved, as he or she can use their legal education to make a positive contribution (something a fifth of millennials surveyed want to do) while elevating the firm’s reputation in the community.

The Role of Business Development in Law Firm Leadership Development

Client relationship management is very important for a firm’s bottom line, and the voice of the client–a voice that is increasingly demanding diversity from outside counsel can be instrumental in advocating for the kind of change many firms need to enact.  Sutor says, “Marketing and Business Development folks can champion millennial participation by encouraging senior partners and law firm leaders to consider who may not be represented at the table in key activities like client pitches or network building activities.”  Sutor explains that the demand for diversity coming from clients also includes a generational perspective.  Including associate attorneys in business development activities with clients–including networking or other events, not just at pitch meetings, the relationship between firm and client can be strengthened across generational lines.  Increasingly millennials are also making key decisions in retaining law firms.  By using the voice of the client, marketing and business development teams can make a compelling argument for law firm leadership to examine the gaps in their age, gender and cultural representation and encourage the participation and development of younger attorneys.

Law firms that are able to find ways to engage and develop their millennial attorneys through firm initiatives are building a competitive advantage in the increasingly competitive legal marketplace.  By harnessing the voice of the client, crafting pathways and pipelines for young attorneys to contribute meaningfully to the culture of the firm as well as providing newer attorneys with feedback and training opportunities to develop their own skills and abilities, law firms can smooth out some of the succession bumps and ensure the next generation of leaders will be ready to take the reins.    Kirschner says, “The best way law firms can gain leadership capacity is by growing it organically.”

Copyright ©2019 National Law Forum, LLC
For more legal career developments, see the National Law Review Law Office Management page.

Legal Industry News for October 1, 2019: Law Firm Mergers, New Additions and the Best Paralegal Programs

With fall officially upon us, the legal industry continues to whirl with change, innovation and movement.  Read on to learn about some of the developments from the past two weeks, covering law school changes, law firm updates and legal technology developments.

Law Firm Moves: Mergers, Practice Group Additions and New Hires

Boston law firm Anderson & Kreiger LLP recently announced Lon F. Povich has joined the firm as Counsel. Povich is former Chief Legal Counsel to Massachusetts Governor Charlie Baker.

Mr. Povich says: “As I return to the private practice of law, I wanted to join a firm that offered challenging work in both the public and private sectors as well as an inclusive and supportive culture that prioritizes practicing law with the highest professional standards.”

As Chief Legal Counsel, Povich oversaw the confirmation process for 130 judges across the commonwealth, including 4 on the Supreme Judicial Court.  Additionally, he counseled on the regulation of new industries, such as gig economy staples like Uber, short term rentals like Airbnb and the legal marijuana industry.  Povich also contributed to the 2018 criminal justice reform bill and the 2015 reforms for the Massachusetts Bay Transit Authority (MBTA).  David Mackey, Managing Partner at Anderson & Kreiger says, “Lon will bring to the firm experience with the wide variety of issues he dealt with in the Baker administration as well as a diverse set of experiences in the private sector and as a federal prosecutor. We know that he will be an excellent colleague and he will further strengthen our ability to serve our clients.”

James V. Drew has joined Katten in the firm’s New York office as a partner in its Insolvency and Restructuring practice.  Drew has fifteen years of experience advising clients across a variety of industries on insolvency matters.  He has particular experience in “conflicts counsel” or as an independent director role on investigations or litigations of claims and causes of actions on behalf of debtors, secured and unsecured creditors and indenture trustees.  Additionally, he has experience handling matters as lead counsel for debtors, lenders and other creditors, equity holders, liquidators and defendants in avoidance actions or bankruptcy litigation.

Steven Reisman Katten
Steven Reisman

Steven J. Reisman, the head Katten’s New York Insolvency and Restructuring practice, says, “Jim is a highly skilled attorney who is respected by his clients for his practical advice and business-minded approach to addressing their most pressing insolvency and restructuring issues.”

DLA Piper attorneys Claire Hall (Los Angeles), Richard Hans (New York), Marc Horwitz (Chicago) and Isabelle Ord (Los Angeles) are leading the firm’s new LIBOR Transition practice, assisting companies with impact assessment and advising on benchmark reform implementation across multiple jurisdictions and products. This transition from interbank offered rates to alternative reference rates poses challenges to companies that are operational, legal, related to taxes, accounting and compliance.  DLA will assist companies with these challenges by monitoring developments across industry working groups and addressing benchmark transition across jurisdictions like ISDA, SFIG/SFA, LSTA, SIFMA and the ARRC.

Hans points out that DLA Piper, with its track record of advising some of the largest financial services companies and institutions on operations and strategic planning, is well suited to assist with the LIBOR transition.  He says, “Our LIBOR transition team will be able to assist clients in creating and implementing strategic and customized action plans that lay out the steps needed to implement benchmark transition.”

 

Karen Mangasarian Haley Guiliano
Karen Mangasarian

Karen Mangasarian has joined Haley Guiliano, a boutique IP law firm as a Partner.  She will join the firm in their New York office, but she was attracted to the firm’s presence in not only New York, but also Silicon Valley and London.  She says: “I was attracted by Haley Guiliano’s entrepreneurial spirits and business value-based approach to intellectual property, as well as its commitment to diversity and the mentoring of junior lawyers and technical advisors.”

Mangasarian has over twenty years of experience in life sciences practice, including patent filing and prosecution, freedom to operate and landscape analyses, and contested proceedings in the USPTO and other patent offices.  Mangasarian earned her JD from New York Law School while working as a post-doctoral fellow in microbiology at the New York University Medical Center.  She has also studied pharmacology, earning a Ph.D., and a BS Degree in Biochemistry from the University of Wisconsin.

Jim Haley, head of the Life Sciences practice at Haley Guiliano, says “Karen is a marvelous addition to our firm and to our Life Sciences practice.”

Full-service business law firm based in Portland, Oregon, Ater Wynne will merge practice into Buchalter, bolstering the latter’s presence in the Pacific Northwest.  Ater Wynne’s 22 attorneys will join Buchalter on in October, bringing Buchalter to roughly 300 attorneys in nine locations across the country, and adding Buchalter’s second office in the Pacific Northwest in under three years.

Todd A. Mitchell, Ater Wynne’s Managing Partner will become Managing Shareholder of the Portland office and a member of Buchalter’s Board of Directors. Mitchell calls the move “an opportunity to provide stronger counsel to our clients in Portland and the surrounding region,” and he says the two groups have a strong cultural fit.

Adam J. Bass, President and CEO of Buchalter, has overseen more than 130 attorneys added to the firm and has opened offices in California and in Washington State.  He calls the move a chance to “stay ahead of the curve.  This move is about looking to the future and the right cultural and business fit.”

Law Firm Awards, Recognitions and Achievements

Zuckerman Law principal Eric Bachman was named to the prestigious “Top Lawyers in America” list for 2020 by Best Lawyers in the field of Labor and Employment.  Lawyers are nominated for this achievement, and then evaluated by their peers based on professional expertise.  Bachman was included in the 2020 Edition of Washington D.C.’s Best Lawyers.

Bachman is the Chair of the discrimination and retaliation practices at Zuckerman Law, and prior to his work with Zuckerman he served in senior roles at the Department of Justice Civil Rights Division and in the U.S. Office of Special Counsel where he worked on class actions and whistleblower protection act settlements.

Preeminent workplace law firm Jackson Lewis once again was listed on the BTI Litigation Outlook 2020 report, earning “Powerhouse” rankings in Complex Employment Litigation and the Employment Litigation categories.  These rankings are based on in-depth interviews with legal decision-makers, involving data from more than 9,000 corporate counsel client interviews.

Jackson Lewis is on track to have a record number of trial victories in 2019, and this is in part due to the firm’s forward-thinking approach through innovative programs like its Advanced Trial Techniques Academy, which enhances the already strong litigation strength of the firm’s attorneys.

Firm Co-Chairs Kevin G. Lauri and William J. Anthony: “Jackson Lewis remains committed to staying abreast of national litigation trends faced by employers and delivering the best possible results, by both providing exceptional client service and retaining a deep bench of top-notch litigators.”

BTI reaches out to legal decision-makers at large organizations, with more than $1 billion in revenue, targeting decision-makers in the industries that have the largest legal spend, consulting Chief Legal Officers, Chief Legal Operating Officers and other executives with a say in the selection of outside counsel.  BTI’s 2019 report indicates an expectation of growth in litigation for the third year in a row.   More information about the BTI Litigation Outlook 2020 report can be found here.

The law firm of Sills Cummis & Gross received top ranking as one of the “highly recommended” New Jersey litigation firms in the 2020 edition of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys. This is the third year in a row Sills Cummis & Gross received this honor. Focusing solely on litigation in the United States, this guide is published by Euromoney Institutional Investor PLC.  Firms recognized are chosen based on interviews with the country’s leading private practice lawyers and in-house counsel. Thirteen members of Sills Cummins & Gross were also included.

ATM Class ActionMoginRubin LLP is representing a class of non-bank ATM operators across the United States arguing that Visa, Mastercard and its affiliated banks conspired to fix ATM fees, requiring anticompetitive overcharges for network processing fees, resulting in higher ATM surcharges and foreign transaction fees when customers use ATM’s not associated with their bank.

The proposed class represents 60% of the U.S. ATM market and includes the following: ATMs of the South, Inc., Business Resource Group, Inc., Just ATMs USA, Inc., Wash Water Solutions, Inc., ATM Bankcard Services, Inc., Selman Telecommunications Investment Group, LLC, Scot Gardner d/b/a SJI, Turnkey ATM Solutions, LLC, Trinity Holdings Ltd, Inc., and T&T Communications, Inc. and Randal N. Bro d/b/a T&B Investments.  Roughly five years ago Visa and Mastercard attempted to have the case dismissed, even taking the matter to the U.S. Supreme Court, however, the Supreme Court found that the companies had changed their argument after the court granted certiorari and dismissed the writ as “improvidently granted.”

Jonathan Rubin of MoginRubin LLP calls the rules governing the fees “absurd” designed to punish consumers who choose less expensive networks or the defendant’s competitor’s networks.  He says, “The independent ATM operators and regional networks are providing a necessary service that banks are unwilling to provide or to invest in, but Visa and Mastercard are using their market power to impose anti-competitive fees and bleed the operators and consumers for their own profit,” he added. “Mastercard and Visa have no business telling independent ATM operators what to charge.”

Legal Industry News, Law School Updates

Leading legal publisher Fastcase announced today the acquisition of NextChapter, the cloud-based bankruptcy software for attorneys and paralegals.

Bankruptcy Bankruptcy Paralegal Janine Sickmeyer used her expertise in preparing bankruptcy cases to create NextChapter, teaching herself to code and building the application from the ground up, launching in 2016.  The service became known as “the turbo tax for bankruptcy filings” and its success was built on the efficiency created by understanding the best workflows and practices into an easy to use, full-circle solution used by several thousand law firms across every district in the U.S.  Upon Fastcase’s acquisition of NextChapter, Sickmeyer will become Managing Director and Founder of NextChapter and Director of Practice Workflow at Fastcase. She calls the acquisition “a dream come true” and she voices her admiration for Fastcase leadership.  She says, “it’s invigorating to collaborate and continue to build NextChapter’s company and products alongside them. Fastcase and NextChapter share the same core beliefs on customer-focused products. I know this opportunity will allow us to continue serving our mission.”

The UCI Law Graduate Tax Program and Alteryx Inc. Announce Tax and Data Analytics Partnership, designed to train future tax attorneys on ways big data analytics can work in tax law.

Students in the UCI Law Graduate Tax Program will learn on the program already used by in-house tax departments–Alteryx Designer, and will learn how to use the data analytics platform to generate data-based legal tax advice, earning a certification for successful completion.  This practicum is the first time Alteryx will work with a law school, and the group will provide software licenses to students who participate in the program. Omni Marian, Professor of Law and the Academic Director of the UCI Graduate Tax Program, says the program is a way to prepare students for the way practicing tax law will be in the future.  He says, “Alteryx for Good’s generosity allows us to help our students to become future leaders of the legal tax profession.”

Bachelor’s Degree Center which provides a free guide to bachelor degree programs across all disciplines, recently released four guides to the best Paralegal bachelor degree programs in the United States,  including the 25 Best for 2020, the 15 Best Online Paralegal Programs,  the 10 Fastest Online Paralegal Programs, and the 10 Most Affordable Paralegal Bachelor’s Programs.

The top 3 Best Paralegal Bachelor’s Programs for 2020 are:

  1. Auburn University
  2. Quinnipiac University
  3. Montclair State University

The Top 3 Online Paralegal Bachelor’s Programs for 2020 are:

  1. Tulane University
  2. University of Central Florida
  3. University of Massachusetts Lowell

The Top 3 Most Affordable Paralegal Bachelor’s Programs for 2020 are:

  1. Bellevue University
  2. Charter Oak State College
  3. Peirce College

The guide points out that while law schools have been graduating new attorneys facing an uphill battle in the legal marketplace, paralegals are still very much in demand.  A standard entry into the profession is a two-year associate degree, however, many paralegals combine work with further study, and a bachelor’s degree in legal studies can be the key to moving ahead in the profession.  Whether an online program or a traditional program, this guide provides important information so students—non-traditional or otherwise, can make the best choice for their situation.

That’s it for now.  We’ll be back in a few weeks with more updates on the legal industry.

Copyright ©2019 National Law Forum, LLC

For more legal marketing developments, 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

Your Firm Is Walking the Walk on Diversity, But Are Your Leaders Talking the Talk?

When it comes to getting the word out about their firm’s gender diversity, many marketing directors focus on publicizing stats that demonstrate progress. Using external communications to spotlight an evenly split associate class, a new equity partner who is a woman or the contributions of women attorneys on marquee cases is a great way to promote your firm’s commitment to gender equality.

But statistics are only one piece of the story about how your firm supports its women lawyers. And that full story may already be on display for prospective clients and recruits, whether you realize it or not. Your overall messaging comes across not just in the communications you produce — on your website, on social media, in ads and thought leadership pieces — but also in who speaks for your firm in the media and what they say. There’s nothing worse than launching an ambitious information campaign to modernize your firm’s image, only to have it undermined by comments to a reporter that are way off message.

Let’s look at two hypothetical cases of law firm leaders quoted in a legal media story on the lack of women represented in banking and finance law.

Law leader A describes his firm’s talent-driven effort to bring in the best women attorneys as well as a robust mentoring and sponsorship program focused on advancing them to leadership positions. “It’s important to us to promote top women attorneys,” he says. “But inclusion isn’t something the firm is embracing out of social correctness or benevolence. Instead, we know, and research shows, that more diverse teams of lawyers are better problem solvers, which means they provide better service to clients. More women in leadership is good for the firm and good for our clients.”

Law leader B talks about his firm’s efforts in a different way. He notes that he’s pretty sure the firm won the business on a $30 billion deal because they included a woman on the team at the pitch meeting, though he doesn’t say whether that woman will play a significant role on the work itself. On the matter of advancing women attorneys in this practice area, he says, “We’re trying, but this job is just inherently demanding and unpredictable, and it’s tough for someone with childcare responsibilities to fully participate.”

Leader A’s comments underscore the marketing department’s work to get the word out about the progress the firm is making on gender diversity. He skillfully articulates not just what the firm is doing but why, and how these initiatives will ultimately benefit clients.

Leader B’s comments, however, will make most marketing directors break into a sweat. He talks about diversity as a legal obligation but also a burden on the firm. And while he seems genuinely to believe that a lack of women in power is a loss for those women, he does not articulate an understanding that the firm and its clients are worse off without the unique contributions those women attorneys would make to the work. Comments like these to a reporter are off message and undermine the firm’s overall goal to demonstrate that it is willing to change things like work processes and schedules to prioritize gender diversity.

Marketing directors don’t always have control over who takes a reporter’s call or what that person chooses to say. But as much as possible, marketers must take proactive steps to harness the power of these media opportunities and make sure they work in service of the firm’s overall communications strategy. Here are three ways you can start this work today:

Integrate messaging across internal and external communications. Has your firm articulated how its gender-equality initiatives line up with its stated values or mission statement? Your internal communications are the place to begin distributing those talking points. All members of the firm should understand not just what you are doing to support the advancement of women but why, and how the initiatives serve clients. This messaging should be consistent across your internal and external outreach.

Advocate for media training. High-quality media training will prepare your firm’s leaders to speak knowledgably about the firm’s diversity initiatives and stay on message. It will also help to create a plan for which leaders should speak on which topics to maximize credibility.

Broker relationships between key reporters and select attorneys. You can influence who becomes the face of the firm in the media by taking proactive steps to match reporters with your best spokespeople and steering them away from less reliable partners. To maximize the effectiveness of these introductions, prepare both parties for the conversation: help your firm representative understand the reporter’s specific interests, and provide the reporter with background on the attorney’s expertise and roles within the firm. Don’t leave anything to chance.

Your efforts to promote your firm’s diversity initiatives will only be successful if your messaging is consistent across all channels. Get proactive to ensure that your firm’s media opportunities support your communication strategy and build the firm’s brand overall.

© 2019 Page2 Communications. All rights reserved.

For more information, see the National Law Review Law Office Management page.