For Now, Midsize Firms Are in an Enviable Position: The Morning Minute
The news and analysis you need to start your day.
September 23, 2022 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
JUST RIGHT - As Law.com's Andrew Maloney reports, many law firms could be in for a bumpy ride in the coming months, but analysts are "generally bullish" on at least one segment of the industry: midsize firms. Relative to their larger competitors, firms outside of the Am Law 200 have increased demand, stemmed productivity declines and fared well in the face of lawyer attrition, according to a new report this week. The 2022 Report on the State of the Midsize Legal Market from Thomson Reuters, which summarizes data from 168 U.S.-based law firms, found smaller firms have seen a 1.7% increase in demand, on par with Second Hundred firms (1.8%) and noticeably above top 100 firms (-0.2%) through the first half of the year. They've also maintained productivity better than their peers, seeing a decline of 1.8% versus 3.3% and 2% drops for First and Second Hundred firms, respectively, compared to the halfway point of last year, the report found. Their relatively lower rate growth, too, has bolstered their reputation as cost-effective alternatives to Big Law. And while associate salaries have grown less in midsize firms than their peers, such smaller firms make up a "disproportionate" number of what the analysts have called "Stay" firms— those with lower turnover and which profile as desirable places to work. The segment isn't without its challenges. Expenses have still grown dramatically, profit per lawyer growth in midsize firms trails larger competitors, and those lower rate increases mean inflation is particularly threatening. "Yet even in the face of some factors which will give wise law firm leaders pause, midsize law firms are on a generally favorable footing upon which to continue the venture into whatever the future may bring," the report, published Thursday, stated.
YOU HAVE 20 SECONDS TO COMPLY - GCs and corporate compliance officers are now on notice that the DOJ is putting a premium going forward on how quickly companies report potential misconduct. As Law.com's Nate Robson writes in this week's Barometer newsletter, hat means speedy disclosure of violations are more likely to garner cooperation credit from the government, a shift that has ruffled the feathers of some within the white-collar bar who believe it could put speed over accuracy when companies are trying to investigate potential issues. Ultimately, the Justice Department's goal is to more quickly pursue companies and individuals engaged in wrongdoing while evidence and memories are still fresh, and to use a carrot-and-stick approach to discourage companies from intentionally slow-walking an investigation. The change is an escalation of last year's announcement that the government will look to hold companies and individuals liable for wrongdoing, and in some cases, use corporate monitors to ensure future compliance. To receive the Law.com Barometer directly to your inbox each week, click here.
WHO GOT THE WORK?℠ -Armin Ghiam of Hunton Andrews Kurth has entered an appearance for America RX.Com Inc., Pavan Kumar Darisi and other defendants in a pending trademark infringement lawsuit. The action was filed Aug. 24 in New Jersey District Court by Vorys, Sater, Seymour and Pease and Robinson Miller LLC on behalf of Bayer, a German-based biotechnology company. The complaint accuses the defendants of allegedly selling counterfeit or poor-quality Bayer products. The case, assigned to U.S. District Judge Kevin McNulty, is 2:22-cv-05192, Bayer Healthcare LLC v. Darisi, Inc. et al. >> 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 - The State University System of Florida was hit with a civil rights class action on Thursday in Florida Northern District Court. The suit was brought by Grant & Eisenhofer and attorney Josh Dubin on behalf of students at Florida A&M University, a historically black land-grant university. The complaint accuses the defendants of racial bias due to discriminatory funding practices and failure to improve FAMU facilities. Counsel have not yet appeared for the defendants. The case is 4:22-cv-00341, Denton et al. v. Board of Governors for the State University System of Florida et al. Stay up on the latest deals and litigation with the new Law.com.
EDITOR'S PICKS
Arizona Plaintiffs Firm Opens With Big Private Equity Backing By Christine Schiffner |
'Grades Are Not Destiny': Lousy Students Who Became Happy Lawyers Offer Encouragement to 1Ls By Christine Charnosky |
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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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