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The California Supreme Court has ruled that failed law firms are not entitled to fees earned on legal matters that are in progress – but not completed – at the time the firm closes its doors, reports Bloomberg Law.

“Any expectation the law firm had in continuing the legal matters cannot be deemed sufficiently strong to constitute a property interest allowing it to have an ownership stake in fees earned by its former partners, now situated at new firms, working on what was formerly the dissolved firm’s cases,” according to the court’s opinion.

Reporter Elizabeth Olson writes that the estate of bankrupt Heller Ehrman LLP “brought suit against 49 law firms to recover millions of dollars it said were owed from legal work that the firm’s former partners had taken with them to their next legal workplace. But this ruling appears to let the law firms off the hook.”

Read the Bloomberg article.

A jury in a legal malpractice case has found Alston & Bird 32 percent responsible for a former company manager’s theft from a client, according to a report at Above the Law.

Kathryn Rubino writes, “Their (now former) client, family-held Hatcher Management Holdings LLC, took a loss after former manager, Maury Hatcher, cashed out of the business, allegedly at an inflated price in addition to hundreds of thousands of dollars in self-dealing fees. Hatcher Management Holdings alleged Alston & Bird partners assisted the departed Maury Hatcher from providing company members access to financial records and documents after he left the company.”

The Atlanta jury also awarded up to $1.1 million in fees and expenses, which the law firm could be required to cover in full, according to the report.

Read the Above the Law article.

An attorney client-relationship can arise from something far less definite than an explicit agreement between the attorney and his or her client, warns Robert J. Glowacki Jr. in a post for Poyner Spruill LLP.

He explains:

“In the recently decided Friday Invs., LLC v. Bally Total Fitness of the Mid-Atl., Inc., the North Carolina Supreme Court found the existence of an attorney-client relationship under circumstances where neither party explicitly discussed legal representation. There, the central question was whether an attorney-client relationship exists between a defendant to a lawsuit and a non-party that contractually agreed to indemnify that defendant and, if so, whether correspondence between the two is protected by the attorney-client privilege.”

Read the article.

Employers are finding that generic harassment policies with one-size-fits-all instructional videos are not addressing key issues, says Audrey Mross, employment partner at Munck Wilson Mandala.

She and her firm offer a training session for managers and supervisors as well as an employee version of the training.

“Using actual examples helps attendees begin to understand where the line is between acceptable and unacceptable behavior,” she says. “I’ve found that this is what triggers an ‘aha’ moment for many, and often individuals will speak up and share their own experiences with their peers in the training session.”

Read the article.

Law firms may not be the safe repository of client confidences—such as trade secrets and merger plans—that they once were, as hackers recognize firms as prized vaults of proprietary corporate data, warns Bloomberg Law. And clients are starting to view law firm data breaches as serious business considerations.

Daniel R. Stoller talked with Christopher Dore, privacy partner at plaintiff-side firm Edelson PC in Chicago, who told him that “if hackers want to get data from Alphabet Inc.’s Google, the best path may be through a law firm rather than directly from the company, because the law practice likely has an almost ‘unlimited variety of data.'”

And Lucian T. Pera, legal ethics partner at Adam and Reese LLP in Memphis, Tenn. and former treasurer of the American Bar Association, told Stoller: “Cybersecurity protections are becoming a serious factor in client decision-making,” at law firms, and large firms stand to lose business if they don’t take care of cybersecurity.

Read the Bloomberg article.

Blockchain technology is now being used to build tools and infrastructure that help lawyers draft contracts, record commercial transactions, and verify legal documents, reports Jasmine Ye Han in an article for Bloomberg Law.

She writes about the increased efficiency and uniformity blockchain can provide in contracting, its used in other legal documents, the skills and role of lawyers in blockchain, and the challenges ahead for the technology.

Read the article.

Deborah Grabein, Director of Business Development at Andrews Kurth Kenyon, shared some BigLaw secrets for lawyers at small firms and solo shops in a question-and-answer format with Amy Boardman Hunt of Muse Communications.

“Business development is about cultivating and maintaining relationships, a process, and a plan,” Grabein said in the interview. “And then it’s executing, tracking and measuring results. Plans change based on industry and market changes, and at the end of the day, nothing happens unless you execute and follow up.”

She offers some detailed advice on making relationships work and discusses some approaches to help develop new business.

Read the article.

When Akin Gump first-year associates found out they wouldn’t be getting bonuses about two months ago, they weren’t happy. But now  the firm has responded to pressure by announcing prorated bonuses to their first-years, according to Above the Law.

“Just goes to show, if you’re unhappy about something at your firm, perhaps some pointed criticism is the way to go,” suggests Kathryn Rubino, an editor at Above the Law.

An earlier article pointed out that Akin Gump grosses $980 million a year, with profits per partner of $2,100,000.

Read the Above the Law article.

Jackson Walker announces the election of six attorneys to its partnership. The new partners in each city are:

• Austin – Emilio Nicolas
• Dallas – Pete Hyndman
• Houston – Jamila Brinson, Luke Gilman, William Stowe
• San Antonio – George Hinchey

In a release, the firm said:

Jamila Brinson is a labor and employment and litigation attorney who partners with clients to prevent and resolve employee and litigation disputes. She is a zealous advocate for her clients; from labor and employment disputes to commercial disputes to media, trademark and copyright litigation, Jamila listens to her clients and creates legal strategies to obtain the best possible result. She is also certified by the State Bar of Texas as a Guardian Ad Litem and volunteers through Houston Volunteer Lawyers on behalf of parents seeking guardianship of an incapacitated adult child. Prior to obtaining her J.D. from the University of Houston Law Center, Jamila served two years as a United States Peace Corps Volunteer.

Trial and appellate attorney Luke Gilman focuses his practice on litigation and arbitration with an emphasis on technology and media-related disputes and internal investigations. Luke has developed particular areas of expertise in First Amendment and defamation litigation, international and domestic arbitration, and technology-related disputes and investigations, in addition to a general commercial and contract litigation practice. Luke received his J.D. from the University of Houston Law Center, where he was selected to the Order of the Barristers, received a Distinguished Service Award from the faculty, and served on the Houston Law Review. Prior to law school, Luke worked for eight years working in the field of information technology. He is a Fellow of the Texas Bar Foundation and serves on the Board of the Hispanic Bar Association of Houston (HisBA).

George Hinchey’s practice focuses on real estate, with his experience revolving around acquiring and disposing of office buildings and commercial retail centers, developing commercial retail centers, and representing landlords leasing and ground leasing to commercial tenants. George has been recognized by Thomson Reuters as a Rising Star and by S.A. Scene as a Best Lawyer, which made him one of the youngest real estate lawyers in San Antonio to receive that recognition. He is a Fellow of the Texas Bar Foundation and a Las Casas Foundation Board Member and Director.

Pete Hyndman is a transactional attorney whose practice areas include corporate and securities and mergers and acquisitions. Pete advises clients on the strategic and legal implications of internal entity governance and structuring, significant business transactions and contracts, and legal compliance. His knowledge and client base span industries such as energy, healthcare, and technology. Pete received his J.D. from the University of Texas School of Law and served as an editor at the Texas Review of Entertainment and Sports Law.

Emilio Nicolas is an experienced content and information attorney. His practice includes entertainment, media, technology, and intellectual property litigation and transactional work, with a particular emphasis on copyright, trademark, and privacy law. When Emilio is not advocating for his clients and their intellectual property and business rights in court, he is representing and counseling his clients on their intellectual property and media rights management, clearance, and licensing matters, their entertainment and media industry transactions, and their internet privacy and compliance matters. He has been named a Rising Star by Thomson Reuters. He is also a Trustee of the Copyright Society of the USA, a subcommittee co-chair for the ABA Intellectual Property Litigation Committee, and a Fellow of the Texas Bar Foundation.

Trial lawyer William Stowe concentrates on commercial litigation matters involving complex contract disputes, business torts, government procurement, and health care litigation. William represents clients in a wide array of business disputes and has extensive experience representing clients in matters involving government contracts, having defended or prosecuted bid protest actions in nearly a dozen states and at the federal level. He also has far-reaching experience with, and knowledge of, federal and state open records laws. He is a Fellow of the Texas Bar Foundation, a member of the Houston Bar Association’s Law and Media Committee, and a member of the Bar Association for the Fifth Federal Circuit. William has been admitted to the United States Court of Appeals for the Fifth Circuit as well as the United States District Courts for the Eastern and Southern Districts of Texas. William is also an Eagle Scout.

Jones Day is the strongest law firm brand in the U.S. for the second consecutive year after surpassing five-year leader Skadden last year, according to the latest Acritas US Law Firm Brand Index.

Even though Skadden strengthened its brand this year, Jones Day has seen a larger gain and increased its lead on the market.

Lizzy Duffy, VP of Acritas US said: “Jones Day is more favored this year for its practical style of delivery, along with its global coverage and breadth of services – all areas we know align with clients’ evolving needs especially now that half of legal departments are assigning responsibility for optimizing legal operations.”

Latham & Watkins holds down the third spot on the list.

Read the article.

Practice management company Clio will present a complimentary webinar discussing how clients choose lawyers, based on the findings of the 2017 Legal Trends Report.

The 60-minute webinar will be Thursday, Feb 15, at 1 p.m. Eastern time.

Clio says on its website: “What matters most to clients in choosing a lawyer is responsiveness and preferable communication and payment methods, according to the 2017 Legal Trends Report. This webinar will cover the findings of the report and its 5,000 responses, and share insights into how lawyers can act on this information, and how technology can service clients.”

Register for the webinar.

Akerman LLP announced David I. Spector has commenced his three-year term as the firm’s ninth chairman and CEO, effective Feb. 1, 2018. He succeeds Andrew Smulian, who concludes a decade-long tenure as chairman and CEO.

“It is the highest professional honor to serve as chairman and CEO of Akerman,” said Spector. “I am humbled to lead the next phase of our firm’s journey as we build on the remarkable foundation created by Andrew’s visionary leadership. Our firm today serves many of the world’s largest companies and financial institutions across the Americas, we have exceptional talent at all levels of our enterprise, and we are leading the market in client service innovation. I could not be more confident about our future.”

In a release, the firm said:

Spector will lead the strategic growth of the firm, advance client-driven initiatives and address challenges affecting the firm’s many communities. In addition to serving on the firm’s Board of Directors and the Executive Committee, Spector founded Akerman’s Fraud and Recovery Practice Group, one of the largest legal teams in the United States dedicated to the eradication of fraud. He previously served on Akerman’s Strategic Planning Committee and is a leader in many of the firm’s client-driven initiatives.

Spector joined Akerman in 2009 and built a national trial practice devoted to the investigation and litigation of complex fraud schemes, and unfair and deceptive practices, on behalf of the largest U.S. insurance companies and self-insured retailers. His work has carved a groundbreaking path in plaintiff-side fraud investigation and litigation, and developed case law that helps corporations recover financial losses caused by fraudulent acts. Spector has handled a series of cases involving issues of first impression that have had a significant implication in the eradication of fraud. He also has significant experience in defending law firms from claims of legal malpractice and breach of fiduciary duties. His work earned him rankings in Chambers USA, Best Lawyers and other industry publications.

The firm also announced the following changes: Sandra Heller succeeds David Spector and Michael Goldberg as chair of the Fraud and Recovery Practice Group, expanding on her former role as deputy chair of the group. Jonathan Awner and Carl Roston, who previously served as co-chair of the M&A and Private Equity Practice, succeed Mary Carroll as co-chairs of the Corporate Practice Group. Eric Rapkin, who recently served as the Fort Lauderdale office managing partner, succeeds Richard Bezold as chair of the Real Estate Practice Group. Leslie Miller Tomczak will assume the role of Fort Lauderdale office managing partner, succeeding Eric Rapkin.

Amy Boardman Hunt of Muse Communications writes that she frequently sees lawyers having trouble with marketing, especially when they have to assert that they’re good at something and ask for business.

In a post on the Muse website, she first addresses the reason marketing makes people uncomfortable: “There are a lot of nuanced and interconnected reasons that mostly boil down to this: it doesn’t align with the way lawyers want to see themselves. Lawyers didn’t go to law school to be business people or sales people. They went to school to be thinkers, advocates and counselors.”

Then she discusses some of the finer points of writing, speaking, social media, videos and podcasts, client alerts/newsletters, networking, staying in touch, and more.

Read the article.

A recent research study developed by Globality in collaboration with The Lawyer found that general counsel prefer working with smaller law firms but often lack the means to find them. The survey went out to more than 300 GCs from organizations with over $1 billion in revenue to uncover the latest industry viewpoint about hiring outside counsel.

The report, “Global Trends in Hiring Outside Counsel,” is available for downloading at no charge.

Key findings:

• Almost 70% of General Counsel rely on pre-existing relationships or referrals to source new legal providers. In-house teams overwhelmingly appoint law firms based on personal connections rather than a systematic appraisal of which firms would be best for the job.
• Levels of dissatisfaction are three times higher with larger law firms than with smaller competitors. Companies find smaller firms deliver better client service, but often lack the means to source them.
• When presented with a series of new legal technologies, 86% of survey respondents were most excited by tools for sourcing and/or communicating with legal providers outside of their immediate network.

Download the Globality report.

Houston-based  Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing has added six litigators to its trial, the firm announced.

The new hires include:

• Matt Caldwell, with experience advising clients on regulatory and compliance matters, especially involving tax and accounting questions
• Monica Cooper,  a trial lawyer with civil and criminal experience
• Shahmeer Halepota, a commercial litigator with mediation, international arbitration, and state and federal trial experience
• Kyle A. Poelker, who handles all types of complex commercial litigation in state and federal court
• Paul Turkevich, a commercial litigator who handles a variety of business disputes
• Patrick Yarborough, a commercial litigator with experience representing clients in all aspects of litigation, including mediation, arbitration and trial

Read details about the new hires.

Large companies increasingly want to work with smaller, more innovative law firms but have trouble finding them due to over-reliance on personal connections, according to a new survey reported by Courthouse News Service.

“Along with an increasing preference for smaller firms, the survey revealed the levels of dissatisfaction rated three times higher with bigger firms—19 percent as opposed to 6 percent,” writes Matthew Renda.

Renda quotes Joel Hyatt, CEO and co-founder of Globality, the company that commissioned the study:

“It’s clear clients are increasingly unhappy with larger legal providers. They’re expensive, aren’t as innovative, and don’t provide the same level of customer service smaller firms can offer.”

Read the CNS article.

Jessica Barger

Appellate and civil litigation law firm Wright & Close LLP has changed its name to Wright Close & Barger LLP, adding the name of partner Jessica Zavadil Barger along with the names of firm founders Tom Wright and Howard Close.

“We are very happy to recognize Jessica’s legal talents and business acumen through this name change,” said Wright. “She has been an outstanding leader for this firm and an outstanding fighter for her clients. Renaming the firm to include her is well-deserved.”

Barger has experience handling both trial and appellate cases, handling a variety of commercial disputes including insurance defense and coverage matters, product liability, premises liability and personal injury defense. She is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.

Read the article.

Above the Law reports that Ogletree, Deakins, Nash, Smoak & Stewart nonequity shareholder Dawn Knepper has hit her employer with a $300 million purported class-action suit alleging gender discrimination and unequal pay.

In her complaint, Knepper alleges: “Through formal policies and widespread practices, [Ogletree’s] male leadership interferes with, limits, or prevents female shareholders from receiving the appropriate credit for the business they bring to the firm and their hard work in running complex and demanding cases day-to-day.”

Kathryn Rubino writes that the complaint also alleges that on average, women shareholders make  to to $110,000 less than their male counterparts. And the complaint notes that while women represent about 58 percent of associates at Ogletree, a mere 32 percent of shareholders are women.

Read the Above the Law article.

Legal blogs are a relatively low-cost way for lawyers to promote their expertise and demonstrate their knowledge to clients, prospective clients and referral sources, points out Amy Boardman Hunt of Muse Communications.

“Blogging is also an excellent way for solos and small firm lawyers with niche practices to spur business development and raise their profile in a competitive marketplace,” she writes on her firm’s blog.

She warns against posting content that amounts to thinly veiled self-promotion: “Not only will smart readers see through this ruse, most readers will quickly exit such a page. That kind of ‘bouncing’ isn’t good for your search engine optimization.”

In her post, she walks the reader through the nitty-gritty of writing compelling content that ranks high in online search results.

Read the article.

Legal experts and historians said the decision by President Trump to threaten “imminent” legal action against a publishing house, a journalist and a former aide represented a remarkable break with recent precedent and could have a chilling effect on free-speech rights, according to Slate.

The threats did not appear to work, at least as far as the scathing book by Michael Wolff. His publisher announced Thursday that publication had been moved forward four days to Friday because of what they described as “unprecedented demand.”

Reporters Ashley Parker and Josh Dawsey talked to Douglas Brinkley, a presidential historian at Rice University, who likened Trump’s actions this week to those of Richard M. Nixon.

“Though several presidents — including Jimmy Carter and Theodore Roosevelt — have sued for libel after leaving office, it is uncommon and potentially damaging for a current occupant of the Oval Office to try to use the powers of the presidency to take on personal and political rivals, Brinkley said.”

Read the Slate article.