SJ Berwin and Proskauer Rose call off long-running merger talks
SJ Berwin and Proskauer Rose have called off their transatlantic merger talks after nine months of protracted discussions. The two firms issued a statement earlier this afternoon confirming that the talks had ended yesterday (11 November). In a joint statement, the firms said: "At this stage in our discussions we recognised that the timetable necessary to reach the agreements that would ensure the successful integration of our firms is not workable at this time. "Accordingly, and with considerable regret, we have mutually determined to halt our talks. We look forward to continued cooperation between our firms for the benefit of our clients."
November 12, 2010 at 10:14 AM
4 minute read
SJ Berwin and Proskauer Rose have called off their transatlantic merger talks after nine months of protracted discussions.
The two firms issued a statement earlier this afternoon confirming that the talks had ended yesterday (11 November).
In a joint statement, the firms said: "At this stage in our discussions we recognised that the timetable necessary to reach the agreements that would ensure the successful integration of our firms is not workable at this time.
"Accordingly, and with considerable regret, we have mutually determined to halt our talks. We look forward to continued cooperation between our firms for the benefit of our clients."
SJ Berwin managing partner Rob Day told Legal Week that the biggest issue facing the two firms was the time it would take to resolve difficulties such as aligning profitability – delays which made the continued discussions too unsettling for the two firms' partners.
He said: "Negotiations like these are difficult in any event, and if there is a profitability disparity that no doubt makes it more difficult. But there are various ways of dealing with and getting around that issue.
"It was by no means the only issue we were facing, but having said that I do not believe that there was any one issue we could not successfully have resolved. What we were facing was that it would have taken several more months to conclude talks and be able to present a strong case to the partnerships – and that would have meant too much uncertainty for both partnerships."
However, he stated that the firm has not ruled out a future US merger, but said it would be at least a year before it would enter into new talks.
"SJ Berwin's strategy will remain to build our transactional and contentious practice internationally. You will not see us going into a new set of merger discussions straight away because that would not be sensible.
"But taking the long-term view, I firmly believe that the only way to break into the US market is through a combination with a US firm and I personally take a view that a combination such as this one would be extremely powerful."
As reported by Legal Week yesterday, SJ Berwin management had faced growing pressure from partners in recent weeks to draw the talks to a conclusion, with the lengthy discussions unsettling the partnership.
Particular areas of concern highlighted by partners were the gap in profitability between the two firms and how to address this, as well as the overall compatibility of the firms on a practice basis.
SJ Berwin posted average profits per equity partner (PEP) in the 2009-10 financial year of £447,000, while revenue per lawyer (RPL) stood at £314,900. Proskauer Rose's PEP for 2009 was $1.37m (£849,000) against an RPL figure of $915,000 (£567,000).
However, SJ Berwin's financial performance has improved, with the firm today announcing that its revenues for the first half of 2010-11 are up 9% on the same period last year to £87m. The increase, combined with the firm's measures to cut costs, mean profit at the half-year point is up 34% year-on-year.
Legal Week reported in February this year that SJ Berwin's management was actively targeting a US union and was in early talks with up to four US firms, with talks with Proskauer turning serious in May.
- For more, see When the music's over – SJ Berwin goes home alone
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 AllA&O Shearman, Cleary Gottlieb Act on $700M Dunlop Tire Brand Sale to Japan's Sumitomo
Latham, Simpson Thacher and Brazilian Duo Ride Uptick in LatAm M&A
Kim & Chang, Freshfields, A&O Shearman Take Top Spots for Highest Collective Deal Value as APAC M&A Grew By Just 1% in 2024
Trending Stories
- 1'It's Not Going to Be Pretty': PayPal, Capital One Face Novel Class Actions Over 'Poaching' Commissions Owed Influencers
- 211th Circuit Rejects Trump's Emergency Request as DOJ Prepares to Release Special Counsel's Final Report
- 3Supreme Court Takes Up Challenge to ACA Task Force
- 4'Tragedy of Unspeakable Proportions:' Could Edison, DWP, Face Lawsuits Over LA Wildfires?
- 5Meta Pulls Plug on DEI Programs
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