Rate Pressures Could Drive a Big Law Exodus: The Morning Minute
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May 12, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
DISCONTENT UNDER PRESSURE - It's the circle of Big Law life: demand goes up, firms start charging more and some partners, feeling the rate pressure, bail out to join smaller firms or strike out on their own. As Law.com's Andrew Maloney reports, conditions are ripe for large firm lawyers to go small this year, according to analysts and firm leaders. An infusion of remote-working flexibility and a bit of a breather after a busy 2021—plus a desire to control billing rates—are leading some lawyers to downsize into smaller firms or spin out into their own boutiques in 2022. A surge in profits, too, has expedited late-career lawyers to the Big Law offramp. Andrew Sachs and Ricardo DiMonte, leaders of the recently-merged Chicago boutique Robbins DiMonte Ltd., said often they've found laterals who want to have competitive rates to grow their practice but can't do it within their current structure. "The frustration we have both seen with laterals into our firm is that they're young partners in Big Law firms and they'd like to develop a larger book of their own business. But the rate structure is too high," DiMonte said. "And the only way to remain an equity partner or grow into that is to get the big clients with big cases in the biggest transactions, whereas there's so much more middle-market business you're missing out on." Sachs said they "absolutely" expect more attorneys to spin off their own firms or step down into smaller firms because of rates, as well as remote work flexibility and greater control of their practices.
REAL (ESTATE) DEALS - Folks aren't exactly clamoring to get back to the office, but at these prices, it can't hurt to stock up on space just in case! As Law.com's Jessie Yount reports, real estate executives say the construction of the office of the future is well underway within the legal industry, despite a dip in leasing activity at the beginning of the year. In the first quarter of 2022, leasing volume in the legal sector totaled 1.1 million square feet, down from the previous two quarters that saw over 1.5 million square feet each, according to a report from commercial real estate brokerage Savills Inc., which analyzed law firm transactions over 20,000 square feet made in Q1. Yet, according to Tom Fulcher, chair of the legal tenant group at Savills, the first-quarter results are consistent with historical norms. Leasing activity tends to see a burst at the end of the year and a lag at the beginning of the year, he said. However, Fulcher noted that there is a shift toward "densification," as firms take advantage of favorable market conditions and make longer-term commitments. "Firms continue to sign 10- to 15-year leases, but longer-term leases didn't used to have termination options, and now they do," he said. "There are also contraction options, which gives the right upon renewal to lease less space. That flexibility has become a huge part of deals."
WHO GOT THE WORK?℠ - Covington & Burling partner Andrew Soukup has entered an appearance for Ellume USA in a pending consumer protection class action over Ellume's COVID-19 antigen rapid test kits. The case, filed March 22 in Maryland District Court by Kramon & Graham, claims that the kits provide false positive test results. The case, assigned to U.S. District Judge Richard D. Bennett, is 1:22-cv-00704, Kerschen et al v. Ellume USA, LLC. >> Read the filing on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.
FOR YOUR HEALTH? - What kind of sick world are we living in where you can't trust hard seltzer to deliver your daily dose of vitamins? Molson Coors Beverage was slapped with a consumer class action Wednesday in Florida Southern District Court over the company's Vizzy brand Watermelon Strawberry hard seltzer. The complaint, brought by the Wright Law Office and Sheehan & Associates, contends that the drink does not offer health benefits, despite being marketed as containing "antioxidant Vitamin C." Counsel have not yet appeared for the defendant. The case is 0:22-cv-60889, Eyzaguirre v. Molson Coors Beverage Company USA. Stay up on the latest deals and litigation with the new Law.com.
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EDITOR'S PICKS
'We Are Pushing the Envelope.' How Amy Keller's Team Got a Class of Marriott Breach Victims Certified By Amanda Bronstad |
Federal Court Allows Liberty University Students to Proceed With COVID Tuition Refund Class Action By Marianna Wharry |
'Recurring Question of Exceptional Public Importance': 10th Circ.'s Refusal to Rehear Case Draws Dissent By Colleen Murphy |
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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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