Can Law Firms Avoid Boom and Bust Hiring?: The Morning Minute
The news and analysis you need to start your day.
December 14, 2022 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
ON THE BUBBLE - Many legal industry observers expect more Cooley-sized layoffs in 2023's first quarter in transactional-heavy firms, even beyond those reliant on the tech sector. For shops that already bulked up too much, too quickly during the recent boom, it's probably too late. But what about the rest of Big Law? Have law firms learned anything from yet another cycle of overhirings-turned-instant-firings or are they content to keep bringing aboard seasonal help like some kind of fancy Spirit Halloween? As Law.com's Justin Henry reports, it's a trickier problem than it might appear to be on the surface. "The way you solve it is to manage your time better or you turn down work," Mark Santiago, a New York-based law firm consultant and partner with SB2 Consultants, told Henry. "Both of these things are anathema to attorneys."
HOT PROPERTY - The tech sector has been hit hard by recent unstable economic conditions, but no matter how much upheaval ultimately occurs there is one reliable constant: fleece vests. OK, actually, there are two reliable constants: fleece vests and IP litigation. Big Law attorneys told Law.com's Jessie Yount that patent litigation continues to see steady demand and likely won't slow even as clients adopt other belt-tightening measures. "Those of us who went through 2008 know that patent litigation can be countercyclical," said Erin Gibson, the chair of the International Trade Commission practice at DLA Piper. "No one wants to be caught flat-footed. When bracing for a recession, companies are looking at alternative revenue streams and that can include the monetization of patents."
WHO GOT THE WORK?℠ - Jeffrey W. Brecher of Jackson Lewis has entered an appearance for McKesson, a Texas-based distributor of pharmaceutical and medical supplies, in a pending employment class action. The complaint was filed Oct. 10 in New York Southern District Court by Leeds Brown Law on behalf of manual laborers claiming delinquent wages. The case, assigned to U.S. District Judge Kenneth M. Karas, is 7:22-cv-08601, Zachary et al v. McKesson Corporation. >> Read the filing on Law.com Radar and lawyers are being brought in to handle key cases and close major deals for their clients.
ON THE RADAR - The Commodity Futures Trading Commission filed a lawsuit Tuesday in New York Southern District Court targeting Samuel Bankman-Fried, founder and former CEO of Bahamas-based cryptocurrency exchange platform FTX, Alameda Research and other defendants. The lawsuit accuses Bankman-Fried and a 'small circle of insiders' of manipulating FTX digital asset code, and misappropriating FTX customer deposits to trade on outside digital asset exchanges as well as support various high-risk investments. The defendants are also accused of taking out hundreds of millions of dollars in so-called loans from Alameda to purchase luxury real estate and make political donations. A similar suit was filed by the U.S. Securities and Exchange Commission earlier today. Counsel have not yet appeared for the defendants. The case is 1:22-cv-10503, Commodity Futures Trading Commission et al v. Bankman-Fried et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
By Allison Dunn |
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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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