Can Law Firms Hold the Line on Layoffs, Rates in 2023?: The Morning Minute
The news and analysis you need to start your day.
March 09, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
HOLD THOSE HIKES - So you run a large law firm and your clients are already mad at you for signaling coming rate increases this year. Imagine how cheesed off they're going to be when you actually go through with that plan. But what if you could tell your clients you were just joshin' about that whole "astronomical rate hikes" thing—and still make your money? Oh, and what if you could do all that without laying anyone off? Well, at least according to one study, that might actually be possible. The authors of the Leopard State of the Industry Report, published this week, said law firms should "hit pause" on fee increases and hold on to transactional associates despite the current slowdown in demand. Phil Flora, vice president of sales and marketing for Leopard, told Law.com's Andrew Maloney that the success of midsize firms—which have found "an increase in work and more stickiness" by being flexible with clients—is another reason the Am Law 200 may want to consider the strategy.
GOING NUCLEAR - New York is a leading target for "nuclear" verdicts of $10 million or greater, according to a new report issued Wednesday. And, as Law.com's Brian Lee reports, the research also suggests that we could soon enter an era of "thermonuclear" verdicts in excess of $100 million. The 83-page report by independent communications and research firm Marathon Strategies found that New York state and federal courts have issued verdicts against corporations that totaled more than $3.9 billion since the Great Recession. So… what to make of all this? "As a litigator who routinely represents both plaintiffs and defendants," said Jed Bergman, a partner in Glenn, Agre, Bergman & Fuentes in New York City, "Marathon's report is a valuable contribution to our understanding of developing trends in large verdicts across the country."
ON THE RADAR - Utilities company Entergy was slapped with an employment lawsuit on Wednesday in Mississippi Southern District Court. The suit was filed by Johnson Ratliff & Waide on behalf of a former employee who was allegedly terminated for unlawful cannabis use. The plaintiff contends that he used lawfully-prescribed THC derivatives to treat an eye pressure problem and that he was actually terminated in retaliation for refusing to falsify safety reports for the company. Counsel have not yet appeared for the defendant. The case is 5:23-cv-00016, Greene v. Entergy Operations Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
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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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