In-House Counsel Aren't Holding Law Firms Accountable on Diversity: The Morning Minute
The news and analysis you need to start your day.
November 09, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
DEMAND DIVERSITY - The takeaway from a new Burford Capital survey is that it's not enough for legal departments to want diversity in their outside attorneys—they need to push for it and hold firms accountable. Unfortunately, according to the study, legal departments remain inconsistent in setting expectations. As Law.com's Maria Dinzeo reports, of the 66 polled GCs, litigation heads and other senior lawyers at companies in the U.S., Europe, Asia and Australia, just 44% said they apply formal requirements for gender or racial diversity to the law firm teams that represent them in commercial litigation and arbitration. And just 23% said they've asked their firms to put a woman or a nonwhite lawyer on a litigation or arbitration matter. In fact, many said they were uncomfortable dictating to outside counsel how their teams should be staffed.
THE HAVES AND THE HAVE-NOTS - According to the latest Thomson Reuters Law Firm Financial Index report, many of the largest law firms are on track to grow profits after cutting expenses and accelerating rates, Law.com's Andrew Maloney reports. The bad news for a bunch of other firms, however, is that this is a "bifurcated' recovery. As the report summarizes: "Am Law 100 firms are already slated for profit growth, with only a question of 'How much?' clouding the air. Midsize firms are making a desperate sprint and if they keep their current pace up, are likely to skid into January with profits even to last year's. Unless something significant changes, partners in the Second Hundred will likely fall behind their 2022 profits."
ON THE RADAR - Antonio J. Perez-Marques and Craig J. Bergman of Davis Polk & Wardwell have entered appearances for DLocal Ltd., a global payment processing platform, in a pending securities class action. The action, filed Oct. 6 in New York Eastern District Court by Pomerantz LLP, accuses the defendant of filing false and misleading public statements and failing to disclose that the company was subjected to heightened risks of governmental and regulatory scrutiny after engaging in improper conduct and transfers abroad in violation of Argentine laws. The case, assigned to U.S. District Judge Nicholas G Garaufis, is 1:23-cv-07501, Francis v. Dlocal Limited et al. Stay up on the latest state and federal litigation, as well as the latest corporate deals, with 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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