Inside The Twin Cities’ Big Law Firm Mergers

It was November 2014 when attorney Steve Ryan gave a presentation to his shareholders about a possible merger for Briggs & Morgan law firm, arguing that they “needed to take a hard look at what the strategic path forward for our firm was going to be,” reports Liz Fedor in MinnPost’s Twin Cities Business.

“It took Briggs five years to consider its future, choose a merger option, and find Taft, a Midwestern law firm that, like Briggs, was founded in the 1880s. On Jan. 1, 2020, the firms merged, and Ryan is now partner-in-charge of the Minneapolis office of Taft.”

“As of early 2020, Briggs was among three of the 10 largest law offices in downtown Minneapolis that executed mergers. Gray Plant Mooty, the oldest continuous law firm in Minneapolis, dating back to 1866, combined with a firm whose biggest market is Kansas City. The new firm is called Lathrop GPM.”

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Vacancies Prompt County to Hire Private Law Firm to Assist With Cases

“Cascade County has hired a private law firm to assist the Cascade County Attorney’s Office, which is experiencing a significant number of attorney vacancies with two major civil cases pending,” reports Kari Puckett in Great Falls Tribune.

“At a special meeting Friday, commissioners approved a legal service agreement with Ugrin, Alexander and Zadick in which attorneys for the firm will serve as independent contractors to provide legal representation to the county.”

“Costs for the initial six-month term is $7,500 a month for a total of $45,000.”

There are three vacancies in the office.

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Quinn Emanuel Shuts Down New York Office After Partner Tests Positive For Coronavirus

“A partner at Quinn Emanuel Urquhart & Sullivan in New York has tested positive for the coronavirus, prompting the firm to close the office as a precaution this week,” reports Amanda Robert in ABA Journal’s Daily News.

“The firm did not name the attorney, but according to Law.com, he is the first known BigLaw partner to contract the coronavirus in the United States. An attorney at Lewis and Garbuz, a Manhattan trusts and estates law firm, also tested positive for the illness last week.”

“John Quinn, founding partner of the 800-plus attorney firm, also told Law.com on Sunday that the partner belongs to a religious community in Westchester County, where other infections have been reported. He has been resting at home since March 2.”

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Apple Agrees to $500 Million Settlement for Throttling Older Iphones

“Apple has tentatively agreed to a $500 million settlement after admitting to slowing down older phones. The deal would provide small payouts for many iPhone owners in the US, plus greater compensation for named class members and attorneys. It covers people who bought any product in the iPhone 6 and 7 lineup — which Apple secretly throttled to conserve battery life.” reports Adi Robertson in The Verge.

“As Bloomberg Law notes, the settlement was filed in a California court last Friday and is awaiting final court approval. The deal — which took months to negotiate — would resolve dozens of class action lawsuits that were filed between 2017 and 2018, then later consolidated into one complaint.”

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How Showcasing Softer Content and Your Firm’s Culture Can Enhance Your Social Media Efforts

“Using social media to support your firm’s and lawyers’ business development efforts should be at forefront of everything you do on LinkedIn, Twitter, Facebook, etc. If the post doesn’t support your firm’s strategic goals, take a time out to think about why you are even doing this and rethink your strategy,” writes Stefanie Marrone in The Social Media Butterfly’s Insights.

“Don’t use your social channels to only focus on your firm’s work and its substantive news, events and publications – that can make your firm seem dry, a little boastful and devoid of personality and heart.”

“Firms should also showcase their “softer” side, which can support their business development efforts, because clients want to peek behind the curtains on the firms on which they rely.”

“Showcasing the softer side of your law firm humanizes your firm and makes your lawyers more relatable. Include posts about firm life, pro bono and community service, upcoming holidays, as well as profiles on lawyers and alumni, and photos from firm events.”

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Coronavirus Fears Prompt Biglaw Firms To Limit Travel, Reschedule Retreats To Protect Partners

“Earlier this week, Americans received a rather stark warning from federal health officials about the inevitable spread of coronavirus in the U.S. ‘[T]his could be bad,’ Dr. Nancy Messonnier, director of the National Center for Immunization and Respiratory Diseases, said during a press briefing. ‘It’s not so much of a question of if this will happen anymore but rather more of a question of exactly when this will happen,'” reports Staci Zaretsky in Above The Law’s Biglaw.

Biglaw firms across the country are taking the news seriously, echoing the actions of their colleagues abroad and imposing travel restrictions and canceling events.

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Opioid Companies Say Lawyers’ Fee Demand Threatens Settlement Talks

“Johnson & Johnson and other drug companies facing thousands of lawsuits over their role in the opioid epidemic have warned that settlement talks will be “severely” jeopardized if plaintiffs’ lawyers are allowed to assess a fee payment worth billions of dollars,” reports Tom Hals and Nate Raymond in Reuters Business News.

“Major distributors such as McKesson Corp and drugmakers including Teva Pharmaceutical Industries Ltd joined in the request that U.S. District Judge Dan Polster in Cleveland, Ohio, reject a request by a committee of plaintiffs’ lawyers for a 7% fee assessed against any settlements. They filed their brief late Wednesday.”

“The request could amount to $3.3 billion, based on a $48 billion settlement proposal that five companies have been negotiating with various state attorneys general.”

“The drug companies noted that the attorneys would receive more money from the settlement than even some of the states they represent. Dozens of state attorneys general also opposed the request for the fee to the plaintiffs executive committee that is litigating thousands of lawsuits by towns, counties and tribal governments.”

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Law firm praises Dennard informant Gableman: ‘It takes courage for citizens to come forward’

“Longtime Banks riverfront developer Tom Gabelman, an attorney who works for the Board of Hamilton County Commissioners, is the unnamed informant in court documents outlining how Cincinnati City Councilwoman Tamaya Dennard sold her vote on a development deal for cash, his law firm, Frost Brown Todd, confirmed.” report Sharon Coolidge in the Fox19 News.

“Frost Brown Todd fully agrees with Department of Justice’s statement … that ‘it takes courage for citizens to come forward and assist law enforcement,’ the firm wrote in a statement released Thursday afternoon.”

“The firm was aware Gabelman was cooperating with authorities, though it remains unclear whether the Board of Hamilton County Commissioners, whom Gabelman works on behalf of, knew.”

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Anti-Chevron Lawyer Steven Donziger Gets Blessing for Return of His Law License

“Now more than a half a year into his house arrest, environmental attorney Steven Donziger received a passionate recommendation to receive his law license back on Monday from the officer presiding over his bar proceedings in New York. ” reports Adam Klasfeld in Courthouse News Service.

“My recommendation is that his interim suspension should be ended, and that he should be allowed to resume the practice of law,” bar referee John Horan declared.”

“For his role in obtaining a $9.8 billion judgment against Chevron, Donziger has faced the threat of financial ruin from enormous legal fees, criminal prosecution and the suspension of his law license. He has spent more than six months wearing an ankle bracelet in his apartment in New York’s Upper East Side, pursued for the better part of a decade by one of the world’s most powerful oil companies after zealous litigation that one judge labeled a fraud.”

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Koppers Appoints Successor to General Counsel

“Stephanie Apostolou has been elected general counsel and secretary of Pittsburgh, Pennsylvania-based Koppers and Koppers Holdings, effective March 1,” report Ben Maiden in Corporate Secretary’s Appointments.

“Apostolou is at present deputy general counsel and assistant secretary with the NYSE-listed company, which is a global provider of treated wood products, wood treatment chemicals and carbon compounds.”

“Her promotion follows the announcement that Steven Lacy, chief administrative officer, general counsel and secretary of Koppers will retire at the end of this year after a 20-year career with the company. In the period between March 1 and December 31, Lacy will hold a new position as assistant to the president of Koppers.”

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Judge Tosses Law Firm’s Suit Alleging Rival’s Ads Inflated Recoveries

“A Kansas law firm that claimed that a competitor was inflating client recoveries in its advertising won’t be able to pursue its lawsuit,” reports Debra Cassens Weiss in ABA Journal’s Law Firms.

“U.S. District Judge Eric Melgren of Wichita, Kansas, ruled against the Brave Law Firm in Feb. 12 decision dismissing his case.”

“The Brave Law Firm, a personal injury firm, had alleged that Brad Pistotnik Law and the Pistotnik-affiliated Truck Accident Lawyers Group were engaging in false and deceptive advertising by listing high-dollar recoveries.”

“Various amounts are listed on screen, including $9 million … The $9 million amount was also listed online and in print ads.”

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Jones Day Hires Five Supreme Court Clerks in Latest Coup

“Jones Day has hired five Supreme Court clerks from the October 2018 term, continuing its recent tradition of recruiting top talent from the nation’s highest court,” reports Roy Strom in Bloomberg Law’s Business & Practice.

“For nearly a decade, the Cleveland-founded firm has been a leader in the prestigious competition to land young lawyers with a Supreme Court pedigree. Last year, Jones Day hired nearly a third of all the clerks, 11, from the 2018 term. Jones Day has now hired 55 Supreme Court clerks since the 2011 October term. It’s 2019 class includes clerks for Justices Samuel Alito, Clarence Thomas, and Ruth Bader Ginsburg.”

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Bayer Asks California Court to Reverse $86 Million Roundup Cancer Verdict

“Bayer AG has asked a California appeals court to overturn an $86 million verdict that found it was responsible for a couple’s cancer caused by its glyphosate-based weed killer Roundup.” reports Tina Bellon in Reuter’s Environment News.

“Bayer in a statement on Monday said U.S. regulators had consistently found glyphosate to be non-carcinogenic and that the Pilliods’ lawyer during trial repeatedly violated court orders in an attempt to inflame jurors.”

“The company denies the allegations made by more than 42,700 plaintiffs in the United States, saying decades of studies have shown Roundup and glyphosate are safe for human use.”

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Lawsuit Alleges Biglaw Firm Failed To Monitor Partner With Substance Abuse Problem

“The Biglaw firm of Dentons is facing a $25 million lawsuit alleging self dealing, conflict of interest, and gross overbilling. ” reports Kathryn Rubino in Above the Law’s BigLaw.

“The lawsuit alleges that both Dentons and partner Shane Stevenson told Venning that “within a short period of time” of the Regent Energy sale, Stevenson would come in-house at Venning Group. While that move never materialized, the complaint alleges that in anticipation of the move, Stevenson became involved as a shareholder or director in numerous of its companies.”

“Additionally, the complaint alleges that Stevenson has a substance abuse problem and that Dentons was aware of the issue and failed to provide proper supervision of his legal work. The allegations against Stevenson include ones that he provided legal advice under the influence of alcohol and cocaine and that Venning was not warned the legal work they got from Stevenson may be under the influence.”

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DOJ Division Leader Apologizes for License Lapse and Inadvertent Practice

“Have you recently made a career move — maybe going in-house?  Or shifting from a firm to government work?  When you’re dealing with a work-life change, watch out for details that can too-easily fall through the cracks — like your license to practice, the date it expires, and whether you are in line to get an expiration notice.” reports Karen Rubin in The Law for Lawyers Today In-House Counsel.

“Illustrating the possible pitfalls:  a high-level Justice Department  lawyer was in the spotlight this week because he practiced for two months while unaware that his license had lapsed.  He issued apology letters, including to the Ninth Circuit, where he had presented an oral argument while unlicensed.”

“The lawyer heads the DOJ’s Environment and Natural Resources Division.  He has been a member of the D.C. bar since 1997, and worked at Kirkland & Ellis before joining the DOJ in 2018.  His license was deactivated October 1 for not paying his annual bar dues.”

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Biglaw Firm Pivots Direction And Loses Partners In The Process

Irell & Manella “announced to all attorneys that the firm was pursuing an ‘alternative business model.’ According to the email sent by partner Jonathan Kagan, they are ‘focus[ing] on areas where we have a clearly demonstrated record of success and excellence when compared to other firms.’” reports Kathryn Runbino in Above the Law’s BigLaw.

An email was sent to explain what this means. “We therefore plan to focus our future growth and investments in our litigation practice areas, particularly IP and complex business litigation. Although we will continue to have lawyers in other practice areas at the Firm (particularly in certain transactional areas), we do not anticipate making significant investments in non-core practice areas in the near future.”

“As you might imagine, not everyone — particularly those in “non-core” areas — is excited about the change. And Kagan’s email reflects this, as he points to several partners … have departed or are on their way out. And, as the new reality sets in, more exits are anticipated.”

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5 Emerging Challenges for Law Firm Leaders in 2020

“Before the calendar slips too far into the new year, I want to share five important emerging trends or steps for law firm leaders to consider in 2020, each of which will have significant short and long-term implications for your firm.  This little list is not about the macro level industry trends based on historical data with which we all generally agree.  Rather, these are quickly developing micro-trends that are not on many radar screens yet…but need to be,” provides Michael Short in LawVision’s INSIGHTS.

“For your changes to have an impact this year, you need to get your initiatives moving in Q1 and fully implemented before the end of Q2.”

Read the article.

 




Fifth Circuit Rules “Approximate Physical Presence” is Required for General Personal Jurisdiction

“Can targeted advertising establish general jurisdiction over a foreign corporation?  The Fifth Circuit had not addressed this issue until Frank v. P N K (Lake Charles) L.L.C.  But in so doing, the court may have announced a new jurisdictional test with significant ramifications for future cases.” addresses Philip Dore & Cristian Soler in LexBlog’s Energy.

“Frank was a wrongful-death lawsuit filed in Texas state court against L’Auberge Hotel & Casino and its marketing division, PNK.  Following removal to federal court, the district court granted PNK’s motion to transfer, finding PNK was not subject to general jurisdiction in Texas.  The plaintiffs appealed.”

“The Fifth Circuit began by charting the Supreme Court’s general-jurisdiction decisions in GoodyearDaimler, and BNSY.  For a corporation, the question is whether its “affiliations with the State are so continuous and systematic as to render it essentially at home in the forum State.”  A corporation is generally considered “at home” only in its state(s) of incorporation and principal place of business.  For PNK, this was Louisiana.  So, the question on appeal was whether this was the “exceptional case” where personal jurisdiction could also be exercised in another state.”

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Why You Should Insist on Diversity in Your Law Practice

Suzie Scanlon Rabinowitz writes in the ABA Journal that “Both the perception of and reality for women attorneys is disheartening. According to the National Association for Law Placement, women accounted for 20% of equity law firm partners in 2018. That’s while women have constituted about half of law school graduates for the past 20 years, according to Catalyst, a nonprofit focused on advancing women’s professional progress. By many other key metrics, the law is still male-dominated, especially at its highest levels.”

“In a profession where cultural change happens at a creeping pace, how can we change the perception—and the reality—that success for women at the upper echelons is the exception, rather than the rule? Just as important, how can we elevate the practice of law by fostering diversity in the profession?”

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Legal Funding Impacts Taxes, On Funding & Later Settlement

“Lawyers and clients often need cash. There is also the element of risk. Lawyers and clients may want to lay off some of the risk of a case on someone else, and the litigation finance industry generally offers non-recourse money.” advises Robert W. Wood in the Taxes section of Forbes.

He explains that “Lawyers may seek funding, the clients alone may seek it, or each may get some, depending on how the deal is structured. But one of the most consistent questions is how taxes will be handled, and that depends on the documents. Financing documents vary materially, so one can’t answer the tax questions without reviewing them. Fundamentally, is this a loan? Is it a sale of a portion of the claim, or of a portion of the fees?”

“These may sound like simple questions, but they can be difficult to answer.”

Read the Forbes article.