A&O's kitchen sink solution
It's starting to look like we have entered the realms of competitive restructuring. Clifford Chance starts with a redundancy and capital call, Linklaters throws a partnership restructuring into the mix and then Freshfields comes up with a salary freeze. So Allen & Overy's (A&O's) options to go one better looked somewhat limited, but they managed it by matching all of the above and raising it with a freeze in billing rates at 2008 levels (we'll get to that later), hiving off private client and reviewing the positions of 35 equity partners. Short of shutting the banking practice, there wasn't much left on the table.
February 19, 2009 at 07:03 PM
4 minute read
It's starting to look like we have entered the realms of competitive restructuring. Clifford Chance starts with a redundancy and capital call, Linklaters throws a partnership restructuring into the mix and then Freshfields comes up with a salary freeze. So Allen & Overy's (A&O's) options to go one better looked somewhat limited, but they managed it by matching all of the above and raising it with a freeze in billing rates at 2008 levels (we'll get to that later), hiving off private client and reviewing the positions of 35 equity partners. Short of shutting the banking practice, there wasn't much left on the table.
It has to be said that in terms of candour, A&O sailed a touch close to the wind on this one. While rightly being careful to avoid pretending that cuts were being ruled out after news of the Hong Kong restructuring emerged, the firm avoided questions regarding specific claims that were put to it relating to a partnership restructuring (three weeks ago), a formal redundancy programme (two weeks ago), and a pay freeze (last week). Set against that, A&O was admirably forthcoming when it came to announcing the full details yesterday and, obviously, it's very difficult to be open when such sensitive internal issues are under consideration.
The good news is that the actual substance of what A&O has put together, which was agreed in a board meeting last Wednesday (11 February), holds up well. Where the firm has undoubtedly scored is in drawing all of its measures together – basically throwing everything and the kitchen sink at the recession. This makes compelling sense, allowing the firm to deal with costs issues in one shot. And by putting in place a range of responses, covering the entire firm and operating expenses, A&O can be said to have spread the pain evenly, with a genuine coherence.
The logic is that such a comprehensive package of measures will usher in certainty and allow the firm to move forward after one painful push. The odds look good – back-of-the-envelope calculations are that this package will achieve in the region of £140m of annual savings once reduced partner drawings are accounted for.
Also of interest is the drive to sell its package in terms of delivering value to clients, as Freshfields did when announcing its pay freeze. And A&O has gone one step further by committing itself to holding billing rates at least at 2008 levels. True, on a practical level this tactic be could be viewed as meaningless, as a firm of A&O's size will typically operate dozens of different billing rates based on client, geography, lawyer seniority and bespoke arrangements that are in constant flux. But as a gesture – and a statement of intent – it carries weight and will be well received by clients (Freshfields has had glowing feedback from clients on the pay freeze).
There is now no doubt that the debate over fees and billing practices has been transformed since the collapse of Lehman Brothers, and the more imaginative law firm leaders are moving to actively engage with that debate. If clients do not seize this moment to get genuine reform from their advisers they will have only themselves to blame.
The question, now that A&O has set a new scale for law firm restructuring, is whether it will be enough and how rivals will respond. To the former, the answer is: 'probably yes, but we'd better start praying if it isn't'. To the latter, it would be amazing if a Freshfields-style pay freeze wasn't widely adopted this year along with an absolute freeze on billing rates. Actually, there will be intense pressure to cut charge-outs for associates below three years' PQE, which would be an entirely healthy development for law firm economics.
If that seems a bit doomy, here's two elements of context. As far as I can tell, 2008-09 revenues at the majority of top 50 law firms won't be that far off on last year (though profits will). That's an earnings outlook most business would kill for right now. And if it's starting to look like City law firms are on life support at present, at least there are other patients in the ward. Results just in for Cravath Swaine & Moore show the Wall Street leader's profits were down 24% in 2008 while revenues fell 13%.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLatham's magic circle strikes, pay rises and EY's legal takeover: the best of Legal Week over the last few weeks
3 minute readJob losses, soaring partner profits and Freshfields exits - the best of Legal Week over the past two weeks
3 minute readMagic circle PEP hikes, the associate pay conundrum and more #MeToo - the best of Legal Week last week
3 minute readTrending Stories
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.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250