Law Firms Boost Fixed and Contingency Fees: The Morning Minute
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February 27, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
CONTINGENCY PLAN - Law firms have been negotiating more fixed and contingency fee arrangements with their clients in the last year or so, firm leaders and consultants told Law.com's Andrew Maloney, amid a desire for certainty amidst an unsteady economy, along with a pick-up in litigation and Big Law's growing pricing acumen. Several law firm leaders said they're getting more revenue from such fee arrangements, or that they're at least ramping up their ability to put them together. Although the billable hour isn't going away any time soon, and talk about creative pricing is still arguably much higher than its actual use, law firms are looking for and finding more ways to wring more profits out of more matters. The increasing sophistication of personnel and technology devoted to that endeavor is likely to make it more attractive to charge for value instead of time going forward, too.
ADMIT THE OBVIOUS - A proposal asks a federal judiciary rules committee to adopt a rule under which once an attorney is licensed in a state and admitted to one district court, they could practice in all 94 district courts. Supporters say the proposal will expand access to justice, lessen financial barriers to bringing litigation. Seems logical, no? But, as Law.com's Avalon Zoppo reports, previous efforts to change federal district court bar admissions requirements for out-of-state lawyers have failed. Why? One theory is that keeping these rules in place also keeps many firms in the lucrative business of serving as local counsel to out-of-state lawyers. "It's about trying to protect the local club," said Daniel Shih, a partner at Susman Godfrey's Seattle office who handles cases around the country and supports the proposal. "Creating these sorts of barriers really promotes the business of those local attorneys. [But] court policy should be not about protecting the business of local attorneys, but for providing access to justice."
ON THE RADAR - Academy Securities, a veteran-owned and operated investment bank, was hit with a shareholder lawsuit Friday in Delaware Court of Chancery. The suit was filed by Potter Anderson & Corroon and Baker Botts on behalf of former business development director David Myers, who seeks to inspect the company's books and records. The suit further contends that the company may have failed to provide the plaintiff notice of a shareholders meeting. Counsel have not yet appeared for the defendant. The case is 2023-0241, Myers v. Academy Securities Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
Napoli Shkolnik Sues Own Attorney, Alleging 'Quiet Quitting' By Emily Saul |
ABA Data: First-Time Aggregate Bar Passage Rates Drop 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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