Aging Lawyers Provide Growth Opportunities for Acquisitive Firms: The Morning Minute
The news and analysis you need to start your day.
February 10, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
BOUGHT AND OLD - Boomer-aged lawyer exits and the lack of succession planning at smaller and solo firms are great for business… if your business is buying law firms. Over the last two decades, the primary means of growth for California-based CunninghamLegal has been through acquisitions of other trust and estates law firms—23 in total over the last 20 years, CEO Jim Cunningham told Law.com's Justin Henry. Indeed, the firm owners that have sold to him have been boomer-aged attorneys seeking an offramp from the profession and others accepting judgeships who need to divest from their firm. "People are exiting the practice at the same time as there is a surge in demand," Cunningham said in an interview this week. "That has resulted in tremendous wage inflation in the trust and estates practice. It's really hard in many markets to attract and retain talent, so if you're just a solo practitioner, it makes sense to cut a deal with someone in town to provide a steady stream of work."
IT'S NOT EASY BEING GREEN - Ask any global company and their legal department, and they will tell you that ESG is a top priority. But, as Law.com's Heather Nevitt writes in this week's Barometer newsletter, companies now find themselves in an ESG vise— with global in-house leaders often being the ones squeezed. On the one hand, investors and stakeholders expect ESG progress with measurable KPIs. At the same time, however, plaintiff lawyers and regulators are keeping an eye on companies' every move, looking for any signs of "greenwashing" through misleading or false statements of their environmental stewardship. "Businesses are tuned into the conduct that puts them in the crosshairs of greenwashing allegations and have adjusted appropriately," Nevitt writes. "But, views on climate change have evolved rapidly, and as such, we are likely to see continued pressure on businesses to accurately and verifiably disclose the impact of their product or service. Greenwashing litigation will evolve, but in some shape or form is likely to be here for the foreseeable future." To receive the Law.com Barometer directly to your inbox each week, click here.
ON THE RADAR - QuantumScape, a developer of lithium-metal batteries for electric vehicles, filed a petition in Delaware Court of Chancery on Thursday requesting validation of an Amended Certificate of Incorporation. The petition, which arises from a 2020 shareholder vote on QuantumScape's de-SPAC transaction with Kensington Capital, alleges that the Delaware Court of Chancery's Dec. 2022 decision in Garfield v. Boxed Inc. has caused shareholders to challenge the validity of the transaction. According to the suit, at least nine similar petitions have been filed since the Boxed decision. The case is 2023-0157, In re QuantumScape Corp. Stay up on the latest deals and litigation with the new Law.com Radar.Â
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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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