Remote Work Limiting Soft Costs for Many Firms: The Morning Minute
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October 28, 2021 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
LOSING YOUR EDGE - It's almost Halloween, so what better time to talk about a looming threat, stalking in the shadows and waiting to descend upon its unsuspecting prey? That's right: alternative legal service providers. At this point, competition from ALSPs is a little bit like COVID-19: You either view it as a serious threat or you're crowd-surfing maskless at a Smash Mouth concert. Many law firms still believe they hold key advantages over ALSPs, including the Big Four accounting firms, that continue to make them indispensable. And, so far, in-house counsel largely seem to agree. But not everyone within legal departments are as convinced of law firms' supremacy. And, as we explore in this week's Law.com Trendspotter column, their influence could begin to grow as corporate legal budgets continue to tighten. I'm interested to hear what you think: Are law firms still underestimating the threat of ALSPs, including the Big Four? And do you think legal departments are beginning to waver in their loyalty to traditional outside counsel? Let me know at [email protected].
LOST COST - A majority of law firms surveyed by operations consultancy Mattern don't intend to recover costs generated from at-home work, according to new survey results released yesterday. As Law.com's Dan Packel reports, Mattern surveyed nearly 40 firms, ranging from global giants like DLA Piper and Baker McKenzie to boutiques and regional players, to determine the future of the "traditional soft cost" recovery model that most firms employ. But lest anyone think firms have stopped passing these costs along to clients out of the goodness of their own hearts, it's worth noting that these expenses have shrunk because of remote work. "Overall volumes decreased due to the increase in digital output due to remote working, and the fact that home-based workers are reluctant to output large documents due to lack of home capabilities, capacity, and personal expense," Mattern's report concluded. As firms prepare for hybrid work to continue, a slim majority of those surveyed (51%) said they have no plans to recover home-generated soft costs. However, only 3% said they've fully abandoned traditional soft cost recovery or are utilizing a flat percentage of hourly billing to approximate these costs.
BARBIE'S MALIBU COURTHOUSE - Audit firm PricewaterhouseCoopers and nominal defendant Mattel Inc. were hit with a shareholder derivative lawsuit Wednesday in California Central District Court over alleged deficiencies in the toy company's accounting controls. The court action, filed by Robbins Geller Rudman & Dowd and AsherKelly on behalf of City of Pontiac Police and Fire Retirement System, pertains to the valuation of deferred tax assets published to investors in Mattel's 2017 third quarter financial results. The case is 2:21-cv-08498, City of Pontiac Police and Fire Retirement System v. PricewaterhouseCoopers LLP et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
|- Inside the Charlottesville Courthouse: COVID-19 Concerns and Intense Security as High-Profile Trial Gets Started By Jacqueline Thomsen
- Before Delivering an $8.4M Verdict, This Jury Left a Hint for Long-Winded Lawyers By Katheryn Hayes Tucker
- Johnson & Johnson Loses First Fights Over Talc Bankruptcy, but Bigger Battles Loom By Amanda Bronstad
- In Type of Case 'Most Federal Courts Don't Touch, Ever,' 5th Circuit Weighs In on International Child-Custody Dispute By Allison Dunn
- 'We Were Shocked': Defense Lawyer Says $352M Houston Verdict Will Be Appealed By Katheryn Hayes Tucker
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WHILE YOU WERE SLEEPING
FIRM STANCE ON DIVERSITY - Allen & Overy, Clifford Chance, Slaughter and May and several other top law firms have decided to work together to tackle the underrepresentation of Black, Asian and minority ethnic groups in the U.K. legal industry, Law.com International's Rose Walker reports. The group, which also comprises Freshfields Bruckhaus Deringer, Linklaters, Herbert Smith Freehills, Macfarlanes and Norton Rose Fulbright, launched Wednesday under the banner of Legal CORE (Collaboration on Race and Ethnicity). Slaughters executive partner and co-chair of the collective Paul Stacey said a desire to retain Black talent was a driving force behind the launch of the initiative, which was also spurred on by last year's backdrop of law firms throwing their weight behind global Black Lives Matter protests. "It will take time and patience to effect change, but we need to keep it on the agenda and must maintain a sense of urgency to accelerate it," Stacey said.
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WHAT YOU SAID
"Thank God you're not on the Supreme Court."
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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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