Your Clients Are Leaving Without Telling You: The Morning Minute
The news and analysis you need to start your day.
January 23, 2024 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
NO TELLING HOW MUCH - Many law firm leaders are of the opinion that formalized client satisfaction surveys are unnecessary. After all, if their clients were unhappy, the firm would be the first to hear about it, right? Well…no. In fact, they're often the last. As Law.com's Hugo Guzman reports, a new study has found that legal departments are aggressively shifting work from the Am Law 100 and Am Law Second Hundred to less expensive law firms. The trend began to take root during the 2007-08 financial crisis but was partly masked by a decadelong boom in transactional work, according to a new legal market report by Thomson Reuters and the Center on Ethics and the Legal Profession at Georgetown Law. "These shifts were subtle," the report says, "as clients simply moved some of their business to a different segment of the market, without notifying their prior providers. As a result, some firms retained a false sense of security even as client work was slipping away."
CALCULATED RISK - Years ago, I sat with a Big Law leader as they walked me through their firm's partner compensation calculus—an insanely complex formula that involved dozens of seemingly random objective and subjective factors. I was lost within four minutes and nodded and smiled through the remainder of the hour. But the point is: comp systems can be incredibly complicated. The only thing that really matters is whether they keep partners happy. As Law.com's Abigail Adcox reports, while many large firms are now adjusting pay to reward partners with large books of business, not all of them are. Covington & Burling, for example, continues to eschew billing and origination credits, instead compensating partners, as chair Doug Gibson explains, "based on their overall contributions to the firm." While some say a lack of origination credits may carry risks, such as relying on perceptions instead of hard data, Covington argues its pay model reinforces its team-based approach to client matters and has, at times, provided an edge in lateral hiring.
ON THE RADAR - Sunoco LP has agreed to acquire NuStar Energy in an all-equity transaction valued at $7.3 billion, including assumed debt. The transaction, announced Jan. 22, is expected to close in the second quarter of 2024. Dallas-based Sunoco was advised by Weil, Gotshal & Manges and a Vinson & Elkins team led by partners Lande Spottswood, Jackson O'Maley and Ramey Layne. NuStar, which is based in San Antonio, was represented by Sidley Austin and a Wachtell, Lipton, Rosen & Katz team led by partners Igor Kirman and Zachary S. Podolsky. 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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