As Big Law Profits Plunge, Financial Uncertainty Looms: The Morning Minute
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August 19, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
WHO YA GONNA CALL? - Some clients have reportedly taken to "ghosting" their outside counsel—meaning they simply stop sending them work without formally ending the relationship. No bad review. No opportunity to make things right. Not even a goodbye. While this phenomenon itself does not appear to be widespread, it does highlight a widely-held misconception among law firm partners: that if one of their clients is dissatisfied, they'll hear about it before it's too late. The fact that in-house departments are culling their vendor lists is not surprising. But to end a business relationship without so much as an "I'm Sorry. I Can't. Don't Hate Me" Post-It note speaks volumes about the client's view of that relationship: that it's so damaged it's not even worth officially ending. Like it or not, that's on outside counsel as the service provider. As we explore in the latest Law.com Trendspotter column, clients are more willing than ever to leave a firm behind. Assuming you'll get a warning or a shot at redemption before that happens would be a mistake. If you're not regularly reaching out to your clients for feedback, now is the time to do it—while they're still answering your calls. I'm interested to hear from you: What should law firms be doing to strengthen their relationships with clients? Let me know at [email protected].
POST-PROFIT-PLUNGE PROPHECY - Well, that de-escalated quickly. After a few years of sky-high profits, PEP dropped by double digits through the first half of the year, and most firm leaders, in a recent survey, are now uncertain whether revenue can increase for the rest of the year, Law.com's Andrew Maloney reports. That represents a significant shift in sentiment, as more than half of survey respondents said they expected increases after the first quarter. More than halfway through 2022, law firms have seen profits per partner sink nearly 11%, the Wells Fargo Legal Specialty Group wrote in an analysis this week. Meanwhile, analysts from Citi Private Bank's Law Firm Group wrote that the high-water mark for financial gains in 2021 along with the uncertainty created by inflation, the war in Ukraine, and the ongoing COVID-19 pandemic, among other things, means it is "likely" many firms will see profitability decline overall this year. The cautious optimism about the legal market displayed by many firms earlier in the year has shifted, according to a recent survey of the 500 largest U.S. law firms by ALM Intelligence and LawVision. And it may color what law firms do in lateral hiring and in managing associate classes.
WHO GOT THE WORK?℠ - Adam Gray, Mike Stenglein, and Mark A. McLennan from King & Spalding have stepped in as defense counsel to Plymouth Rock Energy LLC and Engie Power & Gas LLC in a pending breach-of-contract class action. The suit, which accuses the defendants of failing to disclose the variable charge pricing in consumer contracts, which have caused thousands of customers to pay more for their energy services than originally contracted, was filed June 21 in New York Eastern District Court by Milberg Coleman Bryson Phillips Grossman and Steifman LLP. The case, assigned to U.S. District Judge Lashann Dearcy Hall, is 2:22-cv-03664, 300 West End Ave. Associates Corp. et al. v. Plymouth Rock Energy 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.
ON THE RADAR - Thompson Hine filed a breach-of-contract lawsuit Thursday in Ohio Southern District Court on behalf of Automobile Consumer Services and its CEO Tarry E. Shebesta. The suit brings claims against PureCars Technologies, which acquired in 2021 third party TruPayments, a company based on Shebesta's patent-pending fintech. PureCars is accused of reneging on conditions of equity purchase and employment agreements, then terminating Shebesta in order to deny him access to his technology and related financial rewards. Counsel have not yet appeared for the defendant. The case is 1:22-cv-00476, Automobile Consumer Service Inc. et al v. PureCars Technologies LLC. Stay up on the latest deals and litigation with the new Law.com Radar.
EDITOR'S PICKS
Inside Track: Will Your Company Be Activists' Next Target? By Greg Andrews |
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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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