Innovation, client crossover or just a growth play - what would a Bryan Cave merger bring to BLP?
What does the proposed Bryan Cave tie-up offer for BLP, beyond a 'merge until you're mega' strategy?
October 19, 2017 at 06:30 AM
6 minute read
The original version of this story was published on Law.com
Bryan Cave's firmwide strategic plan, released in 2015, included a core pillar of innovation.
At internal meetings, the US firm stressed the importance of a more than 30-strong team of technologists, pricing professionals and project managers that have helped it twice win the Innovative Firm of the Year award from the International Legal Technology Association (ILTA).
In Berwin Leighton Paisner (BLP), Bryan Cave appears to have found a transatlantic partner that has proven it can change the law firm business model and has won a slew of its own industry innovation awards.
In 2007, former BLP partner Simon Harper launched Lawyers on Demand (LOD), the flexible lawyering business that inspired a rash of imitators. It now has more than 600 lawyers on its books and operates as a "separate BLP group company". While some US firms have changed their staffing models on certain projects, none have a business that would compare with LOD.
As BLP and Bryan Cave leaders seek to sell the proposed combination to their partners in the coming weeks, they are likely to emphasise that like-minded view of innovation, as well as practice groups and clients that overlap in real estate, litigation and corporate.
The firms have said they will not comment on the merger until a vote occurs at a to-be-determined date. Still, if the thinking of two former Bryan Cave partners is any indication, those in favour of the deal will have to overcome scepticism that the creation of a 1,500-lawyer global firm is simply a growth play.
"This 'merge until you're mega' (strategy) will only ever work for a handful of firms," said one individual, who requested anonymity in order to speak freely about internal matters. "And Bryan Cave is considerably down the list of candidates for which that play could pan out."
There is some indication that the structure of a combined firm would be its own small slice of law firm business model innovation.
While most international firms are structured with split profit pools, often as Swiss vereins, the release announcing the BLP-Bryan Cave merger discussions states that a united firm would be one of only a handful operating in a "one-firm" structure. Many believe law firms with a single profit pool create better incentives for lawyers to share clients across geographic regions, something stressed by Bryan Cave and BLP in their announcement.
On the shared clients front, BLP lists American International Group (AIG) as a client. Bryan Cave, which is led by chair Therese Pritchard (pictured above), has a long history with AIG dating back to at least 2005, when former partner James Cole was appointed to oversee activities at the insurance giant as part of a deferred prosecution agreement with federal authorities. Bryan Cave and Cole, now a leader of Sidley Austin's white-collar group, reportedly received $20m in fees from that long-running assignment.
If a B+ firm merges with a B+ firm, it's still a B+ firm
Bryan Cave's London office lists 37 lawyers who mostly handle corporate matters, ranging from a banking practice to private wealth services. BLP's private wealth planning group is highly rated, but the firm's largest and best-known practice is undeniably its real estate group, which accounts for more than a third of the firm's lawyers.
A significant presence in Europe and the UK would potentially help Bryan Cave's lawyers serve their domestic client base abroad. The firm's roots are in St Louis, Missouri, where many of its large clients are headquartered, including agribusiness giant Monsanto, beverage behemoth Anheuser-Busch InBev, electric utility Emerson Electric and batteries manufacturer Energizer Holdings.
"Bryan Cave has decades of experience representing clients on a global basis," said Aaron Williams, a St Louis-based legal recruiter. "I see this potential merger as a positive for both firms and their clients. I do not see any downside to the merger, just a strengthening of service and lawyer quality."
However, one former partner said he was sceptical that a merger with BLP would help the firm to be seen as higher quality.
"Firms like Bryan Cave have a tendency to always merge with equals. So they tend to always get bigger and bigger," the former partner said. "If a B-plus firm merges with a B-plus firm, it's still a B-plus firm. The size doesn't make it any better; it just gets bigger."
Both Bryan Cave and BLP have seen merger discussions with other firms run aground in recent years. Bryan Cave's talks with now-defunct Dickstein Shapiro ended in late 2015, as the bulk of the latter struck a deal with Blank Rome.
BLP and Greenberg Traurig held tie-up talks about a year and a half ago. The failure of that merger was partially attributed to different pay structures at each firm, with Greenberg operating under a 'black box' model and BLP using a modified lockstep structure.
A Bryan Cave partner described the firm's compensation system as "very subjective", taking into account a number of types of credit. It also involves the firm's practice economics group, which considers clients' profitability and the total growth of a relationship, the partner said.
On the financial side, the firms have broadly similar profits per partner, with BLP posting PEP of £630,000 for 2016-17 and Bryan Cave having a similar figure of $865,000 (£650,000) for 2016.
On the innovation front, Bryan Cave's technology push was largely started by former partner John Alber, who briefly left the firm in the 1980s to start and then sell a tech-based logistics firm. Alber helped structure the firm's innovation initiative into a series of working groups that are focused on technology, the economics of law practice and an alternative staffing model.
Since Alber retired more than a year ago, Kathryn DeBord has served as chief innovation officer, a role that last year saw her help launch a consulting service called BCXponent to help streamline law departments. The firm in 2011 won its first ILTA innovation award for its three-pronged approach to innovation. Bryan Cave won the top award again in 2014 for its Rosetta software, which converts lawyers' financial metrics into a narrative designed to help them practise more efficiently.
One source said Bryan Cave's business would be better served by boosting its "head start" in innovation rather than growing via merger.
"Perhaps even move in the other direction on scale – becoming smaller and more focused, and achieving efficiency by technical sophistication rather than mere numbers," the source said. "That's the real opportunity for a firm as creative as Bryan Cave."
That will ultimately be up for the firm's partners to decide.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Law Sidelined as Asian IPOs in New York Are Dominated by Small Cap Listings
Trump's Second Term Spurs Unusual Alliances Between US and European Law Firms
3 minute readGoodwin to Launch Brussels Office With Quinn Emanuel Antitrust Partner
3 minute readTrending Stories
- 1No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 2Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 3Meet the New President of NY's Association of Trial Court Jurists
- 4Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
- 5Freshfields Hires Ex-SEC Corporate Finance Director in Silicon Valley
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250