Legal Departments Are Botching Law Firm Consolidation: The Morning Minute
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August 25, 2022 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
LESS IS MORE - It sounds logical, right? Whittle down your outside counsel roster and negotiate better rates with the law firms that are left. But, as Law.com's Phillips Bantz reports, fewer doesn't necessarily mean cheaper. Sometimes quite the opposite, in fact. "I've not heard any strategic discussion on consolidating the number of vendors," said Thomas Barothy, former group legal chief operating officer for global investment bank UBS. "Too many people out there have a point of view that 100 is better than 900, that 50 is better than 100." He added, "That's really dangerous." Uber's former head of legal operations, Ken Callander, founder of legal department consulting services firm Value Strategies in San Francisco, tells his clients not to bother with "general convergence programs." "If you do that, you're moving 80% of your work to the highest-cost firms and your costs are going up," he said. "Yeah, you got a bigger discount from those firms, but the overall rate that you're paying is higher." Medtronic GC Ivan Fong has overseen law firm consolidation, also known as convergence, efforts at his current company and in his previous role as 3M's top lawyer. He noted, "You need enough firms to promote healthy price point competition, yet not so many as to make the lemon not worth the squeeze for the firms."
LUCRATIVE OPERATION - While we're on the topic of stuff that isn't cheap, let's talk about law firm C-suites. As Law.com's Justin Henry reports, chief operating officers and comparable administrative professionals at firms are seeing their pay rival those of equity partners in the post-pandemic era, as their duties have shifted from overseeing day-to-day administrative functions of their law firm to high-level strategic decisions. Defined as base compensation as of Jan. 1, 2022 and bonuses paid through March 1, 2022 for the 2021 fiscal year, the average total cash compensation for COOs and executive directors, based on a survey of 159 law firms, comes out to $418,107, while the range was from $77,000 to $2.7 million. So, no, employing high-level business professionals at your firm is not going to be cheap—but these are not positions to skimp on anyway. "A really good law firm director or COO has to make sure operations are running effectively and smoothly. If you don't have that, nothing else matters," said James Wilber, an Altman Weil principal and co-author of the study. "The really good people in those positions are spending their time helping the firm figure out what's happening in the marketplace and with all the hot button issues firms are facing like competition, what clients are asking for and lateral recruiting and other things that are much more strategic," Wilber said.
WHO GOT THE WORK?℠ - Andrew Moriarty of Perkins Coie has entered an appearance for Oregon Health & Science University in a pending employment discrimination lawsuit. The case was filed July 5 in Oregon District Court by Baum Smith on behalf of Maria D. Prouflis, who contends she was terminated for refusing the COVID-19 vaccine despite asserting her objection due to religious beliefs. The case, assigned to U.S. District Judge Michael H. Simon, is 3:22-cv-00973, Prouflis v. Oregon Health & Science University. >> 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 - Intel has announced a semiconductor co-investment program to help fund the semiconductor industry. As a part of the program, both companies will jointly invest up to $30 billion — with Brookfield Asset Management funding a 49% stake in Intel's under-construction Chandler, Arizona-based semiconductor fabrication facility. The transaction, announced Aug. 23, is expected to close by the end of 2022. Santa Clara, California-based Intel is advised by Skadden, Arps, Slate, Meagher & Flom partners Nathan Giesselman, Aryan Moniri and Sonia Nijjar. Brookfield, which is based in Toronto, is represented by Kirkland & Ellis. The Kirkland & Ellis team is led by corporate partners Andrew Calder, Doug Bacon, Brittany Sakowitz, Kim Hicks, Allan Kirk and Patrick Salvo. Stay up on the latest deals and litigation with the new Law.com Radar.
EDITOR'S PICKS
Strip Clubs and White Men: Female Associate Says Law Firm Is a 'Boys Club' By Charles Toutant |
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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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