The Morning Minute, Feb. 4, 2021: Video Edition
The news and analysis you need to start your day.
February 04, 2021 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
'TIS THE SEASON? - The pandemic pushed the official OCI season from August 2020 to January 2021 and, as Law.com's Dan Roe reports, made the process more cutthroat than ever, with firms flouting the rules and reaching out to candidates early. While that has always been the case to a certain extent, this year the competition appears to be particularly intense, with one legal recruiter, who spoke on the condition of anonymity, telling Roe he knows of at least one Am Law 100 firm that offered candidates signing bonuses if they committed prior to January 1. The good news, however, is that there's also heightened competition for diverse hires, which is forcing firms to find innovative ways to expand their pipelines.
LET IT RIDE - We told you yesterday that law firms' traditional aversion to risk is likely keeping many of them from investing in legal tech startups. They simply don't like to gamble. But as the haunted hayride that was 2020 made clear, you can plan all you want but you never know what horrors wait around the corner. As Perkins Coie managing partner Bill Malley told Law.com's Dylan Jackson: law firms this year will have to place a series of "bets" that will touch nearly every aspect of their operations, from real estate and remote work to staffing levels and vaccine requirements. How the industry will handle making decisions with imperfect information remains to be seen, but Malley said it really doesn't have a choice but to adapt. "You kind of need to make a bet," he said. "You can't wait to see how the world is going to change so you're deciding now."
LITIGATION DRIVER - Uber spent a lot of time and money last year fighting efforts in California to have it reclassify its drivers as employees. But now it's going to have to take that fight from the Golden State to the Sunshine State as well. The company was slapped with an employment class action Wednesday in Florida Southern District Court over its classification of drivers as independent contractors. The case, brought by Wenzel Fenton Cabassa, makes claims pursuant to the Fair Labor Standards Act and the Florida Minimum Wage Act. Counsel have not yet appeared for the defendant. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
NCBE Unveils Online Bar Exam Option for July 2021 By Karen Sloan
The Careerist: Some Black Partners Aren't Waiting for the GC to Call By Vivia Chen It's Not Data, 'It's History': How to Change the Mindset Toward AI in Modern Law By Zach Warren In Second Attempt to Resolve Roundup Claims, Bayer Announces $2B Class Deal By Amanda BronstadBaker Botts' Supreme Court Practice Head Leaves to Start Boutique Firm By P.J. D'Annunzio
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WHILE YOU WERE SLEEPING
LAW OF THE LAND - Locke Lord's recent decision to shutter its Hong Kong office brought the number of Am Law 100 firms that exited the market in 2020 to three. As Law.com International's Anna Zhang wrote in a column last May, finding the right practice and committing to it with the right people was key to succeeding in a competitive market such as Hong Kong's. But now, Zhang writes in her latest column, there was an important part of the equation that wasn't quite discussed in her earlier piece: local law. As Zhang writes: "Despite all the challenges it presents, local law is still seen as a testament to a firm's commitment across Asia."
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WHAT YOU SAID
"We need lawyers and paralegals and assistants and staffers to understand that—while the target may not look like you—if you break democracy, you break it for everyone."
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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.
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.
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