Associate Hourly Billing Rates Surge Past $1K as Firms Snap Up Bankruptcy Work
Rates for top associates at firms such as Weil, Gotshal & Manges and Kirkland & Ellis are rising just as a new wave of Chapter 11s gathers steam. A filing shows J.Crew paid its lawyers at Weil close to $12 million in the 90 days before the company filed for bankruptcy this month.
May 22, 2020 at 04:00 PM
4 minute read
The original version of this story was published on The American Lawyer
The coronavirus pandemic quickly upended the economy and sent already struggling companies into free-fall, with retailers such as J.Crew, Neiman Marcus and J.C. Penney among those filing for Chapter 11 protection in recent weeks.
Recent court filings highlight the avalanche of fees these new cases are already generating for Big Law restructuring practices.
Take J.Crew, which was the first major retailer to succumb during the pandemic. In the 90 days leading up to the company's Chapter 11 petition May 4, it paid or advanced its lawyers at Weil, Gotshal & Manges close to $12 million, according to court papers filed this week seeking formally to hire the firm as debtor's counsel. The Weil team is led by New York partner and restructuring practice co-chair Ray Schrock.
The fees were bolstered by the firm having just recently increased its hourly rate for lawyers and paraprofessionals alike. Signaling a new era, some Weil associates are now billing more than $1,000 per hour—a milestone that was surpassed only about a decade ago at the level of Big Law partners—making it one of the first firms to break that pricey barrier.
Weil said in the J.Crew filing that it had increased its standard billing rates in October 2019. Members and counsel are now billing from $1,100 to $1,695 at the firm; associates are billing $595 to $1,050; and paraprofessionals are billing between $250 and $435 per hour.
Previously, the firm's rates topped out at $1,600 for partners and $995 for associates, according to the filing.
While the partner and associate rates stand out, the paraprofessional fees can add up too. Last November, when the firm billed $10 million for one month of work on the Sears bankruptcy, a single paralegal's billings added up to 431 hours at $405 per hour—more than 14 hours for every day of the month.
Weil isn't the first firm whose associate rates have topped $1,000 per hour, and its rates aren't even the highest. When Kirkland & Ellis signed on to represent Barney's New York—one of last pre-pandemic retail bankruptcies—it said in a filing that associates' rates reached $1,125 per hour. At Skadden, Arps, Slate, Meagher & Flom, at least two associates working on the McClatchy newspaper company bankruptcy have also billed over $1,000 per hour.
Efforts to reign in ballooning law firm fees have received little traction in recent years, though creditors, shareholders and employees occasionally raise alarms. A group of small Sears creditors awaiting payment filed an objection to Weil's fees in that company's Chapter 11 late last year.
Weil, which did not respond to a request for comment, is just one of a growing gaggle of fee-earning firms in the new retail bankruptcies filed so far in May. Neiman Marcus and J.C. Penney both turned to Kirkland & Ellis in those cases, though the firm has yet to disclose pre-petition fees.
The cases have also featured appearances for various stakeholders by Hunton Andrews Kurth; Squire Patton Boggs; Williams Mullen; Ballard Spahr; Vedder Price; Fox Rothschild; Blank Rome; Willkie Farr & Gallagher; Greenberg Traurig; Holland & Knight; McGuireWoods; Milbank; Wachtell Lipton Rosen & Katz; Paul, Weiss, Rifkind, Wharton & Garrison; and Latham & Watkins, among others.
|Read More
Weil Nabs First Big Retail Bankruptcy of Pandemic Era as J. Crew Succumbs to Chapter 11
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 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 AllFlorida-Based Law Firms Start to Lag, As New York Takes a Bigger Piece of Deals
3 minute readEuropean, US Litigation Funding Experts Look for Commonalities at NYU Event
Trending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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