Latham Completes Makeover After Chair’s Scandalous Exit

Bloomberg Law is reporting that Brad Kotler, a banking and finance partner, has been elected vice chair of Latham & Watkins, completing its leadership makeover following the abrupt departure of chairman William Voge over questionable contacts with a woman outside the firm.

“Kotler’s selection comes about a month after the firm chose Richard Trobman, another firm veteran, to replace Voge, who resigned earlier this year,” writes Bloomberg’s Elizabeth Olson. “Kotler will serve as vice chair along with Ora Fisher, a partner in Silicon Valley.”

Voge stepped down and resigned from the firm after admitting to inappropriate personal conduct of a “sexual nature,” the firm announced in March.

Read the Bloomberg article.

 

 




Law Firm PR Lessons Straight from Today’s Headlines

In a blog post on the website of Muse Communications, Bruce Vincent discusses two stories that are dominating headlines in politics and sports, both of which provide insights on why law firms should always be above board in their public relations efforts.

Vincent starts with an examination of the public relations headaches involving the continuing controversy over the 2016 “Trump Tower meeting.”

The other major PR story is Urban Meyer being placed on administrative leave as head coach of the Ohio State University football team.

“While it may be obvious at this point, the PR lesson provided in two examples above is simple: always tell the truth,” Vincent writes.

Read the article.

 

 

 




One of North Texas’ Largest Women-Owned Law Firms Celebrates 10th Anniversary

Estes Thorne & Carr PLLC is celebrating its 10th year as one of the largest women-owned law firms in North Texas. The Dallas Business Journal has ranked the firm among North Texas’ 100 largest women-owned businesses. And for six consecutive years, the firm has made the list of Best Law Firms by U.S. News – Best Lawyers in America.

Name partners are  Dawn EstesJessica Thorne and Lori Carr.

In a release, the firm said its partners bring decades of big firm experience to the litigation boutique. Their varied practice includes commercial litigation, labor and employment matters, family law, construction, energy litigation, ERISA litigation, professional liability, and alternative dispute resolution. The firm also often serves as Texas local counsel.

“We seized an opportunity 10 years ago to create a firm that allowed us to unite our strengths, and we’ve never looked back,” said Estes, who was selected a Top 100 commercial litigator in Texas in 2017 by Super Lawyers. “We said we always wanted to swim in the deep end. By creating the right environment for us and our clients, we’ve never been out of our depth.”

Read the firm’s release.

 

 




Why Do Experienced Female Lawyers Leave? Disrespect, Social Constraints, ABA Survey Says

Employment - hiringPreliminary results from an ABA survey of 1,300 respondents from the nation’s 350 largest firms underscored the disparate challenges, stereotypes and burdens women lawyers faced compared to their male colleagues, even at the senior level, reports the ABA Journal.

One of the findings showed that 81 percent of women say they were mistaken for a lower-level employee, but this didn’t happen to men.

And 60 percent of women said they’d left firms because of caretaking commitments, compared to 46 percent of men.

 Read the ABA Journal article.

 

 

 




Class of 2017 Notched Best JD Employment Outcomes Since Recession

The overall employment rate for law school graduates in the class of 2017 rose more than one full percentage point, to 88.6 percent of graduates for whom employment status was know, according to the National Association for Law Placement.

THE NALP reported:

For the third year in a row the actual number of jobs obtained was flat or went down in virtually every sector except the largest law firms of more than 500 lawyers. Members of this class secured just 16,390 jobs in law firms of any size, down by more than 4,000 since the number of those jobs peaked for the Class of 2007. And while the largest law firms of more than 500 lawyers hired more law school graduates than at any time since the recession, the number of entry-level jobs at those firms is still off by nearly 600 positions compared with the peak hiring measured with the Class of 2008.

The study found that the national median salary for the class of 2017 was $70,000.

Read the NALP report.

 

 

 




Why Big Law Firms Care About Which Law School You Attend

Big law firms tend to be particular about which lawyers they hire, according to a report from U.S. News & World Report.

Reporter Ilana Kowarski writes:

Thomas J. Simeone, a managing partner at the personal injury law firm Simeone & Miller in the District of Columbia, who spent many years working at big law firms, says these firms typically prefer to hire alumni of elite law schools that place in the top 15 in national law school rankings. Some particularly exclusive big law firms primarily employ graduates of J.D. programs that place in the top five or top 10, and in general, grads from higher-ranked J.D. programs have better chances of finding a job at a big law firm, Simeone says.

Kowarski writes that graduates of lower-ranked law schools “often need to either achieve extraordinary law school grades or gain several years of impressive legal work experience to convince a big law firm to hire them.”

Read the U.S. News article.

 

 

 




‘Stupid, Dumb and Fat’ Comments Get Cleveland Lawyer Suspended

A Cleveland lawyer who has already paid a $300,000 settlement to his former paralegal for insulting her has now been suspended from the practice of law for six months.

WKYC reports that the Ohio Board of Professional Conduct accused Howard Evan Skolnick, a lawyer since 1993, of violating professional conduct rules by “verbally harassing” the woman for more than two years. The board recommended a a six-month suspension to be held in abeyance.

But the Ohio Supreme Court issued a one-year suspension, with six months stayed on the condition that he engage in no further misconduct.

Reporter Phil Trexler wrote” “Court records show he called her “stupid, dumb, fat and `whorey’.” He also lodged insults against the woman’s husband and her mother. Records show Skolnick also sexually harassed the woman and a female co-worker by making a request for a sexual favor while inside a car.”

Read the WKYC article.

 

 

 




Kean Miller Combines With Dupuis & Polozola

Baton Rouge-based Kean Miller LLP has opened offices in The Woodlands, Texas, and Lafayette, Louisiana, by combining with the energy-focused law firm Dupuis & Polozola.

The firm said this expansion builds on Kean Miller’s Houston office opening in 2017 and strengthens the firm’s portfolio of legal and business services to energy, oil & gas, and petrochemical industry clients.

The 10 lawyers with Dupuis & Polozola work in upstream oil and gas exploration and production, handling transactional, regulatory, and litigation matters, as well as business and corporate, and real estate matters. The firm’s clients include global exploration companies and small independents operating in Texas, Louisiana, Colorado, Kansas, North Dakota and New Mexico.

“Lafayette is the hub of the south Louisiana energy corridor, and The Woodlands continues to experience unprecedented growth in corporate headquarters,” said Blane Clark, managing partner of Kean Miller. “Our two new offices strengthen our ability to offer strategic legal resources to our clients from east of New Orleans to the energy corridor of West Houston, and from the Gulf of Mexico to West Texas and beyond.”

James H. “Jimmy” Dupuis Jr.

The firm now has more than 160 attorneys after the union with Dupuis & Polozola. Joining Kean Miller as equity partners are James H. “Jimmy” Dupuis Jr. in The Woodlands and Kyle P. Polozola in Lafayette. The Woodlands office is located at 8301 New Trails Drive, Suite 100. The Lafayette location is at 2020 W. Pinhook Road, Suite 303.

“Combining our law firms makes great sense. We share a commitment to knowing our clients’ business inside and out, and to personalized client service,” said Dupuis. “Our clients will benefit from Kean Miller’s progressive approach and full-service offerings, and Kean Miller’s clients now have access to a team of upstream oil and gas attorneys experienced in Texas, Louisiana, and other producing states.”

Kyle P. Polozola

Polozola said he looks forward to playing a part in the cooperative efforts of talented lawyers across Kean Miller’s operations. “Our Lafayette office magnifies the existing firm presence across Louisiana and in Texas. With Kean Miller’s regional presence and deep bench of talented lawyers, we are an even more dynamic force in the Bayou State.”

Dupuis and Polozola, both experienced oil and gas and business attorneys, founded their firm in 2010. Dupuis earned his law degree from the Louisiana State University Paul M. Hebert School of Law; Polozola’s law degree is from Loyola University New Orleans College of Law.

 

 




Firm Disqualified for Dropping One Client, Then Suing It for Another

A firm that represented two software competitors for years without issue can’t ditch one client and then sue it on behalf of the other, a Massachusetts federal court said July 26, according to a Bloomberg Law report.

A Massachusetts federal judge said Sunstein Kann Murphy & Timbers LLP’s breach of duty of loyalty was clear and the situation was not “unforeseeable.”

Reporter Mindy L. Rattan explains: Sunstein represented tech companies Syncro Soft and Altova from 2011 to 2017, until Altova asked Sunstein to sue Syncro Soft for patent infringement in June 2017, the judge said. The next month, Sunstein sent a letter to Syncro Soft terminating the relationship to avoid a conflict of interest. Sunstein then sued Syncro Soft on behalf of Altova in August 2017. Syncro Soft moved to disqualify Sunstein, which the court granted.

Read the Bloomberg Law article.

 

 




Biglaw Partner Suspended After Accusing Small-Firm Litigator of Using Pregnancy to Delay Trial

Shook, Hardy & Bacon has suspended a Miami lawyer after he objected when a pregnant opposing lawyer sought a continuance because her due date coincided with a trial date, reports the ABA Journal.

According to a statement provided by the law firm’s administrative managing partner, Paul Reid has been suspended pending further review by firm management.

Christen Luikart of Murphy Anderson in Jacksonville, Florida, is the opposing lawyer who sought the delay.

Reid argued his client had been injured five years ago and “parental leave is not a compelling circumstance justifying the severe prejudice” that will be caused by delaying the trial.” The court overruled his objection.

Read the ABA Journal article.

 

 




Ex-Dentons Extortionist Faces Disciplinary Charges

Bloomberg Law is reporting that a former Dentons associate who stole the firm’s confidential files and then tried to extort cash and artwork from the firm now faces attorney discipline charges.

The complaint names Michael Bernard Potere, who pleaded guilty and was sentenced to federal prison for unauthorized computer access. The complaint was served July 10 but recently posted. The Illinois Attorney Registration and Disciplinary Commission’s alleged ethical violations based on the criminal conduct.

Potere, an associate in Dentons’ Los Angeles office from 2015 until June 2017, downloaded numerous confidential firm documents, such as financial reports, documents about partner meetings, client lists, billing information, and recruiting-related information, ARDC said. He then threatened to send the documents to a legal website unless the firm paid him $210,000, according to reporter Mindy L. Rattan.

Read the Bloomberg Law article.

 

 




Burn Victim Sues Chinese Phone Subsidiary ZTE USA Over House Fire

Attorneys at Texas-based Deans & Lyons and Brian Branch of New Mexico are suing ZTE USA, the domestic subsidiary of the Chinese cell phone company ZTE Corp., on behalf of a New Mexico man who suffered life-altering burn injuries he attributed to his recently purchased ZTE ZMax Pro Blu phone catching fire while he slept.

According to a release from the firm, the fire occurred after Jose Perez of Bernalillo County, New Mexico, plugged in the phone he had bought just weeks earlier, placing it beside his bed to charge. According to the lawsuit, the phone overheated and ignited while he slept. Perez sustained second- and third-degree burns that left him in critical condition. Still hospitalized nearly nine months later, Perez has had multiple surgeries and skin grafts, and is permanently disabled.

“We believe this phone was dangerous and the manufacturer knew it,” said Deans & Lyons co-founder Michael Lyons, who represents Perez. “We can demonstrate that this phone did not meet recognized industry standards concerning its Chinese manufactured lithium ion battery and its charging system.”

The suit alleges the ZTE phone uses a non-standard, terraced-cell design with non-compliant overhang between the electrodes, leaving it susceptible to overheating, exponentially increasing fire risks, according to the lawsuit.

“Cutting corners is an extension of ZTE’s corporate conduct that includes misappropriation of U.S. intellectual property, lying to the U.S. Government, and, according to the Pentagon, threatening the security of the United States. We intend to hold them accountable for this tragedy,” said Lyons.

The lawsuit, filed July 23, is Jose Antonio Perez v. ZTE (USA), Inc., MetroPCS Texas, LLC, and Ultimate Wireless CSR, LLC, Cause No. D-101-CV-2018-02167 in New Mexico’s First Judicial District Court in Santa Fe County.

 

 




S.H.E. Summit in Dallas Aug. 16 Will Focus on Gender Equality

Nationally recognized business leaders, business owners and entrepreneurs will meet in Dallas August 16 for S.H.E. Summit Bacardi Dallas, a full-day program that convenes female and male leaders to network and accelerate the global advancement of women with a goal of reaching gender equality by 2030.

The event will be at the Omni Dallas Hotel.

Dallas-based Munck Wilson Mandala partnered with S.H.E. Summit and Bacardi’s Women in Leadership Initiative to bring the event to Dallas for the first time. Keynote speakers include Dallas Mavericks CEO Cynthia “Cynt” Marshall, who is revamping the team’s corporate culture; fitness expert Ellen Latham, creator and co-founder of Orange Theory Fitness; local WFAA news contributor and former anchor Shelly Slater; and S.H.E. Summit CEO and founder Claudia Chan.

Informative workshops, thought-provoking panel discussions, and keynotes will cover everything from ascending to leadership, to building a network, to breaking barriers in male-dominated industries. Attendees from large and small corporations, including AT&T, Kendra Scott, Bacardi, Southern Glazers, Tiff’s Treats, and many others will hear inspiring stories and meet exceptional leaders.

“S.H.E. Summit is an event that invites everyone, men and women, profit and non-profit, community and corporate organizations to join forces and help raise women to their highest potential,” said Munck Wilson Mandala attorney Jessica Spaniol, a moderator for the program.

Learn more at www.shedallas.com. For more information, contact Shannon Tipton at 972-628-4500 or stipton@munckwilson.com.

 

 




How to Recycle Your Best Content to Market Your Law Practice

The most marketing-adept lawyers find ways to get multiple uses out of informative content — such as CLE presentations, blog posts and media interviews — by recycling their content in a variety of other formats, writes Amy Boardman Hunt for Muse Communications.

In the article, she discusses two ways to recycle content.

Then she offers some real-world examples of great recycling, including, for example, an insurance coverage lawyer who republished  a CLE program on insurance changes as a white paper and a blog post. Another example is a jury consultant who co-wrote an article for a legal publication and aimed at general counsel. The consultant then posted a reprint of the article on her site, excerpted the article on her blog, promoted it on social media and in her firm’s e-newsletter.

Read the article.

 

 




Lawyer Suspended for False Advertising, ‘Gross Incompetence’

Bloomberg Law is reporting that a lawyer who put the logo of a law school more prestigious than the one he actually attended on his website was indefinitely suspended July 11.

“Daren Allen Webber’s incompetent representation of bankruptcy clients and violations of the rules on attorney advertising merit indefinite suspension, the Supreme Court of New York, Appellate Division, Second Department found,” writes reporter Mandy L. Rattan. “The suspension was based on an identical sanction by the U.S. District Court for the Southern District of New York.”

Weber, who attended New York Law School, displayed the seal of the more prestigious New York University on his website. The court also listed conduct including filing incorrect or incomplete documents, missing or being late to meetings with creditors, failing to communicate with his clients, and missing deadlines.

Read the Bloomberg Law article.

 

 




Netflix v. Winston & Strawn Spotlights Advance Conflict Waiver

An order resolving a bitter disqualification fight between Netflix Inc. and its lawyers at Winston & Strawn LLP is the latest example of the acrimony that “advance conflict waivers” can engender between corporations and the law firms they hire, reports Bloomberg Law.

Reporter Samson Habte explains: “The order disqualifying Winston—issued by a federal bankruptcy judge presiding over a high-stakes licensing dispute between Netflix and a financially troubled film studio—could emerge as a blueprint for a particularly contentious category of disqualification motions: those alleging law firms betrayed existing clients by bringing cases against them on behalf of newer clients.”

Because ethics rules prohibit law firms from taking a case against a current client unless both clients waive the conflicts created by the law firm’s concurrent representation.

The waivers—often broadly worded and vague—have become a regular feature of retainer agreements that large law firms execute with corporate clients.

Read the Bloomberg Law article.

 

 




Using Multi-Tiered Marketing to Amplify Your Legal Practice

Winning recognition in such listings as The Best Lawyers in America presents a prime marketing opportunity that can go far beyond what many lawyers realize, writes Bruce Vincent for Muse Communications.

In his article, Vincent goes into detail about the six steps lawyers can use to amplify and prolong the good news.

Those steps are: First-level marketing, notify your clients, alert industry publications, issue a press release, get social, and everything else.

Read the article.

 

 

 




Elite Firm Blows Right Through Going Market Rate for Associates

California litigation boutique Dovel & Luner waited more than a month after big law firms started raising salaries for associates before topping everyone else with a first-year pay rate of $215,000.

Above the Law reports that the firm is “a California litigation boutique that specializes in plaintiff-side litigation on a contingency fee basis. The firm has eight lawyers (two of whom are associates), but if you look at their bios, you’ll see a glittering array of top law schools, elite clerkships, and leading Biglaw firms in their backgrounds.”

Their rate for sixth-year associates is $330,000, according to editor Staci Zaretsky.

And Dovel & Luner associates can count on bonuses based on the firm’s success, sometimes rising to as much as $700,000.

Read the Above the Law article.

 

 

 




Contractual Considerations for Lawyers Using the Cloud

The cloudBecause law firms are such desirable targets for hackers, firms have had to find solutions for keeping the intruders at bay. They can use internal systems managed by employees of the firm, or they can go to a cloud-based solution, such as software-as-a-service (SaaS).

Writing for Above the Law, Scheef & Stone partner Tom Kulik points out that SaaS platforms can help offset the cost by offloading technical and security expertise to the SaaS provider. But the standard contract terms offered by these providers do not weigh in favor of the law firm.

In the article, Kulik discusses some points to consider when a firm is considering entering into a contract for SaaS.

Read the article.

 

 




Digital Content Marketing Survey – How to Reach In-House Counsel

Law firms have made massive investments in content, mostly aimed at deepening their engagement with in-house counsel. But, for the most part, their efforts are falling short, according to a recent survey by strategic communications firm Greentarget and consulting firm Zeughauser Group.

Only about half of in-house attorneys consider law-firm content “good to excellent,” the same as in 2017, and up only slightly since 2015, according to the 2018 State of Digital & Content Marketing Survey, released by Greentarget and Zeughauser Group.

But the survey also provides clear guidance on how firms can make inroads with their most important readers. For our seventh annual survey we asked in-house counsel not only about their content consumption habits, but also what content they value most, where they get it, and how often they go there. The survey found that:

• In-house counsel want content that helps them do their jobs. More than three-quarters of our respondents say they most value utility in the content they consume – ahead of timeliness (58 percent), reliable sources (56 percent) and compelling headlines (51 percent).
• And they want it in the form of articles, alerts and newsletters, respectively. Those are respondents’ most preferred content vehicles.
• Email works – when it’s good. Forty percent of in-house counsel say they get information from email notifications every day – but only 25 percent say they find them valuable. That’s a huge opportunity to reach clients and prospects, and to stand out from the noise, by creating email alerts that deliver on the qualities in-house lawyers are looking for.
• Traditional media most trusted. Fifty-four percent of respondents go to traditional media (e.g., The Wall Street Journal) on a daily basis for legal, business and industry news and information, and 45 percent find such sources very valuable – far above any other source.
• Brevity matters. Nearly a third of in-house counsel value shorter content, while only 5 percent value longer pieces. They also want email alerts to be brief. And they only rank in-depth as a key attribute for a single content category – research reports.
• Podcasts show promise. More than a quarter of respondents put podcasts among their preferred content vehicles – ahead of video and perhaps surprising for a relatively new medium. Audio content gives consumers hands- and eyes-free information for their commutes or during workouts. And podcasts are the only medium where respondents say they consider entertainment value – an opportunity to rise above the noise for firms that are willing to break from the industry’s staid conventions.
• On social media, more noise than signal. About a third of in-house counsel look at social media every day, but only 11 percent find anything of value there. By contrast, less than a quarter view industry association publications and websites every day, but 43 percent find those valuable.

“This is the age of information overload,” said John Corey, founding partner of Greentarget. “In-house counsel want content that’s useful, timely, well-sourced and provides lively engagement starting from the subject line. If they want to elevate the conversation, firms have to quickly and efficiently tell in-house counsel what they have to say, why it matters and what law departments should do about it.”

The 2018 report went further than in past years, identifying which content types were most preferred by in-house counsel – and what attributes are most valued regarding those content types. Respondents’ top three content types are articles, alerts and newsletters – and in each case, they want that content to be relevant and timely. For articles and newsletters, respondents want content to be educational – and they prefer that alerts be brief.

“Drilling down to this level of detail about what is and isn’t working when it comes to law firm-generated content is important – and consequential,” said Mary K. Young, a partner with Zeughauser Group. “Firms can take this information and the related guidance and find ways to stand out and build their brands with in-house counsel, who are, of course, key decision makers within their organizations.”