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.
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EDITOR'S PICKS
Strip Clubs and White Men: Female Associate Says Law Firm Is a 'Boys Club' By Charles Toutant |
Buckley Law Firm Ordered to Disclose Emails With Outside Counsel at Latham About Misconduct Probe By Mason Lawlor |
How a Shadowy LLC Tried to Play Both Sides of a $2.18 Billion Patent Verdict By Scott Graham |
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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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