Law Firms Pivot as IPO Flow Slows: The Morning Minute
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July 15, 2022 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
EXPANDED OFFERINGS - No IPOs? No problem. As initial public offerings come to a near-standstill, Silicon Valley's largest corporate law firms are experiencing a dip in productivity. While the extent of that dip has yet to bear out, capital markets lawyers told Law.com's Jessie Yount that the evolution of their base of tech and life sciences clients is leading to more relationship advisory work from late-stage private companies and newly public companies that could curb the impact of macroeconomic conditions. The nature of the work in capital markets practices is already shifting, as late-stage companies explore financing options and newly public companies navigate new responsibilities. These issues are spurring demand for advisory work, as clients seek "perspectives on how to structure financings without a recap or washout that wipes out prior investors," aid Jon Avina, a capital markets partner at Cooley. Beyond financings, several partners noted they recently wrapped the busiest time period of the year for counsel on SEC reporting. Others pointed to newly public companies that will continue to need legal guidance. "Given the significant number of newly public companies as a result of several active years in capital markets, we're spending a lot of time giving advice to [those clients]," said Allison Spinner, head of the corporate department at Wilson Sonsini Goodrich & Rosati.
TOO BIG TO FAIL? - For the gaggle of large law firms moving into smaller markets, the value proposition is clear: the ability to tap into enticing talent, be closer to valuable clients and add offices with lower overhead costs. But, as we explore in the latest Law.com Trendspotter column, while Big Law firms often make a big splash when they first enter these locales, staying power is much harder to establish. For firms with higher overhead in larger markets, making the economics work in the smaller ones can be complicated—all the more so with a potential recession looming. Meanwhile, the prospect of competing with homegrown firms in these markets is hardly a slam dunk either. >> I'm interested to hear from you: What are the keys to success for large law firms entering smaller markets? On the flipside, how can the established regional firms in those markets hold their own? Let me know at [email protected].
WHO GOT THE WORK?℠ - Baker, Donelson, Bearman, Caldwell & Berkowitz partner John S. Hicks has entered an appearance for Nissan USA in a pending consumer class action. The case, filed May 16 in Tennessee Middle District Court by Milberg Coleman Bryson Phillips Grossman; Berger Montague; Pearson Simon & Warshaw and other plaintiffs firms, accuses Nissan of failing to disclose that the 'xtronic continuously variable transmission' installed in 2017-2018 Nissan Altimas and 2018-2019 Nissan Sentras was defective. The case, assigned to U.S. District Judge Aleta A. Trauger, is 3:22-cv-00354, Martinez et al v. Nissan North America Inc. >> 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.
ON THE RADAR - Candy company Mars Inc. was hit with a consumer class action Thursday in California Northern District Court alleging that the company fails to warn customers about a harmful additive in its Skittles candies. The suit, backed by Bursor & Fisher, centers on the chemical titanium dioxide, or TiO2, a coloring agent that has been banned as a food additive by the European Commission. Though TiO2 has not been banned in the United States, the suit claims that Mars misled the public by continuing use of TiO2 after suggesting in 2016 that it would remove the ingredient from its confectionary products. Counsel have not yet appeared for the defendant. The case is 4:22-cv-04145, Thames v. Mars, Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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