IRS Fishing Expedition Is Successful and Raises Important Attorney-Client Privilege Concerns

“The attorney-client privilege is one of the bedrocks of the legal profession,” write James Dawson and Kevin E. Packman in Holland & Knight’s Insights.

“It permits communications between a client and an attorney to remain privileged. The U.S. Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make ‘full and frank’ disclosures to their attorneys, who are then better able to provide candid advice and effective representation. Upjohn Co. v. United States, 449 U.S. 383, 389 (1981). On the other hand, courts sometimes view the attorney-client privilege as preventing full disclosure. As a result of these conflicting views, the attorney-client privilege ‘protects only those disclosures necessary to obtain informed legal advice which might not have been made absent the privilege.’ Fisher v. United States, 425 U.S. 391, 403 (1976).”

This article discusses Taylor Lohmeyer Law Firm P.L.L.C. v. United States and the prior decision.

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Biglaw Firm Touts Successful Year, But Doesn’t Thank Associates with Special Bonuses

“This year, Biglaw bonus season generally consists of two components — the traditional year-end bonus and special bonuses given in appreciation of associates’ hard work during this particularly challenging time. And if the total bonuses don’t add up to those combined numbers, well, then a firm is below market,” reports Kathryn Rubino in Above the Law’s Biglaw.

“At Alston & Bird, the year-end bonuses are individualized and tied to hours, not class year, as at most Biglaw firms. But even beyond that issue, tipsters at the firm are reporting that the bonuses are only year-end money with no special bonus money.”

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Millions in Pandemic Aid Didn’t Stop These Firms from Cutting Jobs or Pay

“Law firms rushed to secure government aid early in the coronavirus pandemic, borrowing nearly $12 billion from the U.S. Small Business Administration’s Paycheck Protection Program as their revenues were threatened by court closures and a freeze in corporate deals,” write Rick Linsk and Caroline Spiezio in Reuters’ Big Story 10.

“The program, created by Congress in March to save jobs and help small employers weather the COVID-19 crisis, has faced criticism that too much of the $525 billion in approved aid went to big businesses in high-wage industries like law. Not only did law firms obtain billions of dollars through the program, but the loans didn’t always ensure jobs and paychecks would be protected, a Reuters analysis found. At least 10 firms that took in a combined $68.5 million in forgivable, government-guaranteed loans under the program went on to cut positions, salaries or both.”

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Am Law 50 Firm Offers Market-Busting Bonuses on Top of Bonuses on Top of Bonuses

“Bonuses to the third power (i.e., bonuses on top of bonuses on top of bonuses), and that’s exactly what Orrick — a firm that brought in $1,158,537,000 in 2019 gross revenue, placing in at No. 31 in the most recent Am Law 100 rankings — is offering to its associates this year,” reports Staci Zaretsky in Above the Law’s Biglaw.

“First and foremost, the firm will be matching the year-end bonus scale offered by Cravath and the special bonus scale offered by Davis Polk. What’s needed for associates to get a full market bonus? At the beginning of the year, the firm lowered its billable hours threshold to 1,950, including 100 hours of time spent on areas like diversity, equity, and inclusion (DEI), innovation, and business development (BD), plus unlimited pro bono hours.”

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Disbarred Lawyer Arrested for Defrauding Clients out of $700K

“A former lawyer faces multiple charges of theft and fraud after investigators say he stole about $700,000 from clients over a period of three years,” reports 10 Tampa Bay in their Crime. section.

“According to FDLE, 52-year-old Moein Marashi from Clearwater was arrested after an investigation found he had ‘deprived clients of money entrusted to him for legal services.'”

“Marashi was a member of the Florida Bar Association from 2002 until he was disbarred in August 2019, FDLE reports. The investigation also began in 2019.”

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5 Trends That Will Shape Legal Practices in 2021

“Paradigm-changing shifts in demographics, client expectations, technology, and work styles have given rise to a host of distinct trends in the legal industry,” writes Sally Kane in American Legal Magazine’s Articles and Stories. “As law firms position themselves to succeed in 2021 and beyond, understanding and leveraging these trends will help firms become more efficient, productive and competitive in the coming year.” She discusses the top five trends that will shape legal practices:

  1. New Talent & Hiring Strategies
  2. Increased Focus on the Client Experience
  3. Emerging Technologies
  4. Micro-Niches
  5. Broader Commitment to Diversity, Inclusion and Equality

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Biglaw Firm Offers $20,000 Bonus For New Associates Who Don’t Even Work There Yet

Boies Schiller & Flexner announced bank breaking bonuses, but they aren’t done spreading the good news, reports Kathryn Rubino in Above the Law’s Biglaw.

“BSF has revealed a new program designed to make it a little easier for those that are on the precipice of starting their legal career. Though they’ve yet to start work at the firm (they’re scheduled to start next month), they’re still sharing in the firm’s successes — to the tune of $20,000. That’s right: incoming associates will receive sizable welcoming bonuses at BSF.”

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Des Moines’ Davis Brown Law Firm Combining with Dentons

“Davis Brown Law Firm, one of Iowa’s largest law firms, is combining with Dentons, which bills itself as the world’s largest firm,” reports Kathy A. Bolten in BusinessRecord.

“The new partnership is not an acquisition or merger but rather a combining of two firms that will share resources and services, representatives of the two firms said in an interview with the Business Record.”

“Davis Brown, founded in 1929, has nearly 80 lawyers who work in its offices in downtown Des Moines, West Des Moines and Ames.”

“Dentons has offices in more than 75 countries and numerous U.S. cities including Washington, D.C.”

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Billion-Dollar Biglaw Firm to Make True-Up Payments for Cut Salary

“Despite $1,035,000,000 in gross revenue last year” Squire Patton Boggs “instituted COVID-19 austerity measures. Back in May, Squire Patton Boggs announced a 20 percent salary cut for all associates, as well as staff cuts, between 10 and 20 percent, depending on salary, and partner distributions were adjusted to shoulder the largest financial burden. But beginning in October, the salary cuts ended, an excellent sign that the worst impacts of the pandemic were over,” reports Kathryn Rubino in Above the Law’s Biglaw.

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Dickinson Wright Expands to Chicago Via Acquisition

“Detroit-based Dickinson Wright is opening a Chicago office in the new year through the acquisition of Stahl Cowen Crowley Addis. Terms of the deal were not disclosed,” reports Grace Turner in D Business’ Daily News.

“The acquisition will be effective Jan. 1 and adds 12 attorneys and is the firm’s 19th office. The Chicago location is part of the firm’s strategic growth plan.”

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Geoffrey S. Berman Joins Fried Frank to Lead Fried Frank’s White Collar Practice

“Fried, Frank, Harris, Shriver & Jacobson LLP announced today that Geoffrey S. Berman, former US Attorney for the Southern District of New York (SDNY), has joined as head of the White Collar Defense, Regulatory Enforcement & Investigations Practice and member of the Firm’s Governance Committee,” as announced on Fried Frank’s News Releases.

“At Fried Frank, Mr. Berman, who served as US Attorney for the Southern District of New York from 2018 to 2020, will represent individuals and corporations in white-collar cases, internal investigations, and complex commercial litigation.”

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These 7 Larger Law Firms Got the $10M Maximum in Coronavirus Pandemic Loans

“When the government offered forgivable loans to keep businesses afloat and workers on the payroll during the novel coronavirus pandemic, dozens of larger law firms received the money,” reports Debra Cassens Weiss in ABA Journal’s News.

“Now, the U.S. Small Business Administration has released more details on the loans as a result of a federal judge’s order, including the loan amounts.”

“…seven of the nation’s 200 top-grossing law firms received the maximum $10 million loan in the paycheck protection program.”

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Davis Polk Comes Out On Top As 2020’s Biglaw Bonus Champion

“Back in September, Davis Polk really raised the bar on special bonuses, offering associates up to $40,000 based on class year in recognition of their hard work throughout the pandemic. These bonuses weren’t consequential for Davis Polk associates alone — now almost all firms have adopted the Davis Polk special bonus, lest they be left in the dust when it comes to offering market compensation,” reports Staci Zaretsky in Above the Law’s Biglaw.

“And now, the top 20 Am Law firm that brought about 2020’s bonus big boom has announced its year-end bonuses. Unsurprisingly, the firm has matched the prevailing market rate that was first announced by Baker McKenzie and later echoed by Cravath.”

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14 Lawyers Disciplined on December List

The State Bar of Texas announced attorney discipline sanctions against 14 Texas attorneys on its December list, reports Mary Flood in Chron’s Houston Legal.

Two disbarments, one resignation, 10 suspensions and three public reprimands.

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Top 25 Am Law Firm Hands Out Up to Six-Figure Bonuses for Associates — But People Are Still Mad

“Another day, another bonus match. That’s what the next few weeks are going to look like in the world of large law firms in the United States. There’s just one question to be asked: Will firms match the original Baker McKenzie bonus scale, without special bonuses, or the Cravath bonus scale, which includes special bonuses?” asks Staci Zaretsky in Above The Law’s Biglaw.

“Paul Hastings just announced its year-end bonuses, and of course the firm is including special bonuses. No firm as highly ranked and regarded would want to offer associates below-market compensation.”

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‘Copyright Troll’ Richard Liebowitz Suspended from Manhattan Federal Court

“The grievance committee for the Southern District of New York has suspended Richard Liebowitz, a New York lawyer notorious for filing low-value copyright cases on behalf of photographers, from practicing law while it investigates charges against him,” reports Caroline Spiezio in Westlaw Today.

“The committee’s chair, U.S. District Court Judge Katherine Polk Failla, wrote in a Monday order that the interim suspension was needed to ‘protect the public’ because of Liebowitz’s ‘unwillingness to change despite 19 formal sanctions and scores of other admonishments and warnings from judges across the country.'”

“Liebowitz and his counsel, Brian Jacobs of Morvillo Abramowitz Grand Iason & Anello, did not immediately respond to request for comment on Tuesday.”

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Cooley Remains #1 Most Active Global Firm for Deals

“PitchBook has again ranked Cooley as the #1 most active global law firm for all deals in its Q3 2020 Global League Tables – marking the second consecutive quarter Cooley has earned the top spot,” posts Cooley in their News.

“Across all deal types, Cooley was credited with 339 disclosable deals last quarter, representing more than $30 billion in combined deal value. The data also confirms Cooley as the #1 most active law firm in the US and globally for venture capital and #1 in venture capital deals across multiple sector categories, including pharma and biotech, healthcare systems and services and IT hardware, and US regional categories, including the West Coast, mid-Atlantic, mountain, south and Great Lakes. The firm is also #1 for late-stage deals and #1 for all company-side deals in the US and globally.”

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Top 25 Am Law Firm Announces Special Bonuses — But There’s A Catch

“Earlier this fall, when elite firms were falling over themselves to match the Davis Polk special bonus scale, others were in no rush, instead simply committing to make sure that associates would be properly compensated in the future. That’s what Goodwin Procter did back in early October. Lo and behold, today, the morning after Cravath announced that it would fall in line to match those generous pandemic bonuses, Goodwin has announced that it will be handing out special bonuses on the DPW scale,” reports Staci Zaretsky in Above the Law’s Biglaw.

“But, there’s a catch. While the DPW special bonuses merely required associates to be in ‘good standing,’ Goodwin’s special bonuses are hours-based by class year.”

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Milbank Announces Bonuses: What Does That Mean for the Biglaw Compensation Leader Race?

“Which Biglaw firm is the true gold standard of Biglaw compensation? … Cravath is sorta the default answer, even though they aren’t, strictly speaking, the top of the market. And that reputation took a further hit this year when Cooley started the COVID fall bonus trend followed by Davis Polk coming over the top of that scale, while Cravath opted to wait until the end of the year. Now year-end bonuses at Cravath have been announced, and while their associates will get full market scale, it’s clear they’re not about making any waves this year,” writes Kathryn Rubino in Above the Law’s Biglaw.

“But there’s another firm that’s been making their pitch to be the compensation leader. Milbank’s the firm that brought about the $190K salary scale, and last year, they were the first to move on year-end bonuses. So they’ve definitely proven they have what it takes to set the standard in Biglaw compensation. Now they’ve released their year-end bonuses…”

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Nelson Mullins and Redgrave LLP to Form Encompass Redgrave Law Practice, Largest in the Nation

“Nelson Mullins Riley & Scarborough LLP is pleased to announce that the attorneys, directors, and advisors from Redgrave LLP will join the firm’s Encompass practice, establishing Encompass Redgrave as the nation’s largest and most comprehensive information and discovery law practice. In this field, both firms already top the market in scale and scope of experience and resources, and the combined team will offer clients unparalleled depth of legal experience along with best-in-class technological capabilities to address the most complex and high-risk litigation, government investigation, and data governance challenges,” posted the company on Encompass’ News.

“Encompass Redgrave will be co-led by John Martin and Jonathan Redgrave. Martin, who has led the Encompass practice at Nelson Mullins since its inception more than a decade ago, said.”

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