The Legal Industry Inches Toward a Health Care Service Model; COVID-19's Still a Catalyst for Law Firm Cuts; A 'Titanic' Lawsuit Over Reputational Damage: The Morning Minute
The news and analysis you need to start your day.
September 03, 2020 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
LEANING INTO LEANING OUT – Many firms have reversed pandemic-induced austerity measures in recent weeks, but that doesn't mean cuts aren't still coming. As Dan Packel reports, legal industry watchers anticipate more law firms will follow in the recent footsteps of Davis Wright Tremaine, Baker McKenzie and Venable, using the pandemic as an opportunity to tighten up their operations. "For years, many firms have succeeded in spite of themselves," Zeughauser Group consultant Kent Zimmermann said. "At a time like this when the economy is choppy and uncertain, it's a little bit like when the tide goes out and you start to see the rocks better. An environment like this lays bear the inefficiencies and weakness firms have that in a strong economy are covered up."
HEALTHY COMPETITION – As we noted yesterday, Arizona is now firmly on the cutting edge of the legal industry thanks to its recent decision to allow nonlawyers to share fees with lawyers and hold equity stakes in law firms. But there is another aspect of the reforms that could have reverberations nationwide: the state has allowed for the creation of Legal Paraprofessionals, known as LPs, which will be able to practice as affiliate members of the state bar and be subject to the same ethical and rules considerations as attorneys. As Patrick Smith reports, the idea is for LPs—who will be limited to handling what most firms would consider commodity work such as administrative and family law, debt collection and landlord-tenant disputes—to provide a lower cost alternative to those seeking legitimate legal representation. But while the measure is right now largely aimed at providing greater access to justice for the poor, it will be interesting to see whether/how law firms and their competitors in the accounting/consulting space find ways to utilize LPs. Considering that multiple in-house counsel at ALM's Legalweek 2020 event this past February expressed a desire for the legal industry to move toward more of a health care service model, the concept of what is essentially legal's answer to the nurse-practitioner is sure to pique corporate clients' interest.
I'LL NEVER LET GO – "Titanic" broke a box office record when it was released 23 years ago, but that doesn't mean director James Cameron and two major movie studios haven't suffered "substantial hardship and costs" at the hands of a Florida man who claims the iconic film was based on his life story (presumably aside from the death-by-hypothermia part). With the help of attorneys from Pillsbury Winthrop Shaw Pittman, plaintiffs Cameron, Paramount Pictures, Twentieth Century Fox and Cameron's production company Lightstorm Entertainment sued Stephen Cummings on Wednesday in California Central District Court over Cummings' "fanciful and delusional" copyright claims related to the blockbuster. Attorneys have not yet appeared for the defendant. Read the full complaint and stay up to date on major litigation nationwide with Law.com's Legal Radar.
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EDITOR'S PICKS
Varying BYOD Policies May Leave Some Firms More Exposed Than Ever
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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.
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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.
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