“One after another, like dominos, court systems are shutting down or moving to drastic restrictions. In the process, court dates are being pulled and cases are moving into limbo. As that happens to your own once trial-bound cases, you think, ‘What now?’ What do you do with the time that you now unexpectedly have as your case is put on pause?” asks Dr. Ken Broda-Bahm in Persuasive Litigator.

“Clients will often issue a ‘Stop work’ notice, thinking, ‘Let’s put a pin in it, package everything so it’s fresh, then revisit the situation down the road, closer to the new date.’ Limiting the expenses is, of course, a worthwhile goal, particularly now that the economy is moving into limbo as well. But sometimes, the decision to call an abrupt and complete halt can be more penny-wise than actually wise. When a pause is created, not just by the current Coronavirus measures, but by any delay or uncertainty over a court date, that pause can be an opportunity.”

In this post, Dr. Broda-Bahm shares seven ideas on how to make the best use of an unexpected delay.

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“While not every firm has yet reported their financials, we do know what Kirkland & Ellis — the reigning top revenue pile in Biglaw — did in 2019,” reports in Above the Law’s BigLaw.

“In 2019, Kirkland saw their revenue rise by an impressive 10.6 percent, bringing them to a crazy $4.154 billion in revenue. And profits per equity partner were also up — 3.13 percent to $5.195 million.”

“The firm is also busy getting bigger.  In 2019, Kirkland’s headcount went up 12.6 percent, with the London office leading the way with a 3.3 percent headcount increase, bring that office to ~307 lawyers. However, all the headcount growth does have a downside, with revenue per lawyer dipping 1.8 percent to $1.59 million.”

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“The Am Law 50 firm moved its headquarters to Philadelphia’s Cira Centre in 2005, taking advantage of a tax break program that Pennsylvania offers businesses to move into developments in formerly run-down areas. Since taking up residence in Cira Centre, Dechert’s paid virtually no state or local business taxes in exchange for Dechert’s role in making the area an attractive business destination,” notes Joe Patrice in Above the Law’s Biglaw.

“But the program expired in 2018, so when the Keystone Opportunity Zone program eyed a new tax-free area in Schuylkill Yards, Dechert walked up and asked to move there too.”

“There’s nothing in the law to say companies can’t hop from zone to zone to remain permanently tax-free, and when authorities denied Dechert’s request to continue not paying its taxes, the firm took the government to court.”

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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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“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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“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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“While organizations make significant investments in protecting their data from outside infiltration, they can often overlook the serious threats that exist within their own workforce. According to a 2020 study released by the Ponemon Institute, the biggest threat in terms of disclosure of sensitive information comes from so-called “insider threats,” in the form of employees who disclose protected information or provide a means of access to that information to third parties, either unwittingly or otherwise. That threat has only grown in recent years, increasing by 47% in the last two years alone,” reports Risa B. Boerner in Fisher Phillips Newsletters.

She further breaks down her article into the following sections:

• The Costs Can Be Staggering
• Why The Recent Surge?
• First Steps: Awareness + Training
• Advanced Tactics

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“There has been a veritable explosion of antitrust litigation in the workplace law field, putting employers and their executives at risk. Federal and state antitrust agencies and private plaintiffs have accelerated their attacks on employers who agree to coordinate wage levels (wage-fixing) or not solicit each other’s employees (no-poach),” writes Dennis Cuneo in Fisher Phillips’ Resources.

“Four years ago, the Department of Justice threatened criminal prosecution of companies and individuals who engaged in such activities. A few weeks ago, the nation’s top antitrust law enforcement official reiterated that threat, announcing that he plans to bring a criminal prosecution this year challenging a no-poach agreement. Attorneys General in several states have stepped up their challenges to no-poach agreements, particularly in franchise settings. Private plaintiffs have obtained huge settlements in class action lawsuits challenging no-poach agreements and exchanges of compensation data among employers.”

“The antitrust prohibitions against price fixing or market allocation in product markets are well understood. What is not as well understood is that the antitrust laws apply equally to labor markets. Just as a price fixing agreement between two companies to fix the price of widgets may lead to antitrust sanctions, a wage-fixing or no-poach agreement between two companies that compete for the same labor may also lead to antitrust sanctions.”

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“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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“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 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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“Biglaw firms across the globe continue to promote diversity and inclusion among their ranks by instituting transgender-friendly workplace policies. To that end, many firms have decided to embrace the full gender spectrum by encouraging any and all employees — not just their transgender, genderqueer, and nonbinary employees — to use gender pronouns in their email signatures.” writes Staci Zaretsky in Above The Law’s BigLaw.

Earlier Above the Law “wrote about Sidley Austin’s heartening step forward when it offered firmwide approval and support for employees to add gender pronouns to their signature blocks. As it turns out, many other firms have done the exact same thing.”

The article provides a few of these signature blocks, including facts about each firm’s steps toward inclusivity.

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“It was major legal industry news last April when international business and legal services powerhouse EY entered into an agreement with Thomson Reuters to acquire Pangea3, the legal managed services business.” reports Robert J. Ambrogi in LawSite’s blog.

“Now, 10 months later, EY has laid off at least some of the U.S.-based lawyers who came with the deal.”

“While precise details remain uncertain, reports indicate that EY has let go some 20-30 lawyers who work for it in the Minneapolis-St. Paul area of Minnesota and the Dallas-Fort Worth area of Texas.”

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“Coinbase Inc., a San Francisco-based digital currency exchange specializing in bitcoin transactions, has gone on an in-house hiring spree a little more than a year after recruiting former Fannie Mae general counsel Brian Brooks to serve as its chief legal officer.” reports Brian Baxter on Bloomberg Law’s Corporate Law News.

“Within the last three months Coinbase has brought on three more top in-house lawyers. One of those additions, former JPMorgan Chase & Co. assistant general counsel Rachel Nelson, was named in January to co-chair a new market integrity working group for the Blockchain Association, a trade association for the U.S. blockchain and cryptocurrency industry.”

“The additions by Coinbase come at the same time as a series of departures from Circle Internet Financial Ltd., a Boston-based blockchain payments company backed by The Goldman Sachs Group Inc. Several in-house lawyers have left Circle since last summer amid a series of layoffs and divestitures by the company as it reshapes its business around stablecoins.”

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“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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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.”

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“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.”

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“A former partner at Wilson Elser Moskowitz Edelman & Dicker has been suspended after an ethics panel concluded that he wrote himself checks from the law firm’s operating account and then lied about a gambling addiction,” reports the ABA Journal.

“Las Vegas lawyer Kym Cushing was suspended for nine months in a Jan. 31 opinion by the Nevada Supreme Court.”

“According to findings of fact in the case, Cushing wrote three checks from his law firm’s operating account and deposited them into his personal bank account. When the law firm confronted him about the checks, Cushing lied and said he was reimbursing himself for payments made to an expert witness.”

Read the ABA Journal article.

Sedgwick, the dissolved law firm, filed for bankruptcy Tuesday in federal bankruptcy court in San Francisco, reports the ABA Journal.

“The firm generally estimates its liabilities at up to $50 million and says in a declaration that there are about $32.6 million in claims from the termination of office leases as well as about $9.2 million owed in accounts payable. The firm had assets of about $1.56 million in cash and recoverable accounts receivable of about $1.5 million, the declaration says.”

“The firm is analyzing whether it has clawback claims against former partners.”

“Sedgwick had its best year in 2012 with $212 million in gross revenue … According to the bankruptcy declaration, Sedgwick ‘established a well-deserved reputation for high-end insurance work and as one of the pre-eminent product liability firms in the country.’”

Read the ABA Journal article.

Read the ABA Journal’s article.