Can 'Moneyball' Give Law Firms an Edge in the Talent War?: The Morning Minute
The news and analysis you need to start your day.
January 20, 2022 at 06:00 AM
5 minute read
Law Firm Hiring
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WHAT WE'RE WATCHING
TRUST THE PROCESS? - As Law.com's Patrick Smith reports, the legal industry is beginning to follow in the footsteps of pro sports teams, turning to data analytics to aid in talent acquisition. Think Billy Beane's "Moneyball" approach to running the Oakland A's. Or, if you've been cursed with the affliction of Philadelphia 76ers fandom like me, you might prefer to liken it to "The Process," a bold experiment led by analytically-minded GM Sam Hinkie in which the ultimate goal was to extract maximum value from a chronically middling NBA franchise in order to build a championship contender. Just as Hinkie and his team valued advanced stats over the old "eye test" when acquiring players, law firms are increasingly using data to make hiring decisions rather than simply relying on decidedly less scientific metrics like "gut feeling." Unfortunately, as Hinkie learned the hard way, this approach can only work if it has the full support of an organization's leadership, and there are some major hurdles to overcome in that regard, not least of which is a stubbornly entrenched bias toward law firms and law schools with big brand names. Still, in a legal talent market this tight, every competitive edge is crucial. As Thomas Latino, manager of employer development and a career adviser at Florida State University College of Law, put it: "You have to think differently. Adapt or die."
MIND EXPANSION - Large law firms are beginning to eye the psychedelics industry as potentially fertile ground for lucrative new work, but increased market share and expanded client rosters may not be the only benefits. As Law.com's Dan Packel reports, attorneys are beginning to speak out about how psychedelic drugs may be used to help counteract the worsening mental health crisis in the legal profession—and they're working to destroy the stigma that is hindering the use of these treatments. Winston & Strawn associate Brett Waters recently launched a nonprofit organization, Reason For Hope, which advocates for legal reform to make psychedelic-assisted therapy available and affordable to all in the U.S. The group has attracted the attention and support of Katten Muchin Rosenman CEO Noah Heller and former Mayer Brown associate/current legal recruiter Clay Costner, both of whom have also begun working to advance legislation aimed at making psychedelic medicine more widely accepted. "I think people do have a hesitancy to speak up on this subject because it's still taboo. The level of support Brett received from a major firm like Winston & Strawn encouraged me," Costner said. "I think we all agree there's a need for more tools to treat these issues, especially in light of a pandemic that's made things much worse."
COIN OPERATORS? - Scott + Scott filed a securities class action Friday in California Central District Court against EthereumMax, its co-founders, and its celebrity promoters, including Kim Kardashian and Floyd Mayweather. The lawsuit, which centers on EMAX Tokens, accuses the defendants of engaging in a scheme to misleadingly promote and sell the cryptocurrency through social media endorsements. Counsel have not yet appeared for the defendants. The case is 2:22-cv-00163, Huegerich v. Gentile et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
Biden Nominates First Black Woman for Third Circuit, First-Ever Muslim Woman Judge By Jacqueline Thomsen 'Her Detractors Do Not Have to Invite Her to Dinner!': Pursuit of Sanctions Against Penn Law Prof Amy Wax Proves Divisive By Christine Charnosky Chief Justice Roberts Denies Asking Gorsuch to Wear a Mask By Marcia Coyle A Year and a Half In, AALS Law Dean Antiracist Clearinghouse Project 'Going Strong' By Christine Charnosky Plaintiff Firms Navigate COVID-19 Surge: 'We Have Had To Remain Nimble.' Lawsuits Over Preemie Infant Formula Hit a Growth Spurt. By Amanda Bronstad|
WHILE YOU WERE SLEEPING
QUINN V. WILLKIE - No, it's not a sequel to "Ford v. Ferrari"—but the rivalry between Quinn Emanuel Urquhart & Sullivan and Willkie Farr & Gallagher in the U.K. is still pretty dramatic in its own right. As Law.com International's Krishnan Nair reports, the October 2021 news that rainmaking Quinn Emanuel London partner Boris Bronfentrinker was moving, along with a sizeable team, to Willkie led to much speculation about how many of his big money matters he'd take with him. At the time, many also wondered how Quinn's London office would cope with such a loss. On Tuesday, it reported stunted growth for 2021, with revenues staying flat and profits inching down. But the full impact of Bronfentrinker's departure may only become apparent in the coming year, and could be determined in no small part by where several high-profile cases end up. Luckily, Nair has created a handy guide to which matters are moving to Willkie, which are staying with Quinn, and which have gone to neither.
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WHAT YOU SAID
"I think it is important that in an industry that is so young and so now, to be mindful of what has happened in the past, because unfortunately history has a way of repeating itself."
— Jose Sariego, corporate partner at Bilzin Sumberg in Miami, urging caution amid South Florida's tech industry boom.
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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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