Anatomy of a Dissolution: So Much For 60 Days WARNing
"Non-essential" Heller Ehrman people, it's time to pack it up:
It is with a great deal of regret that we write to inform you that we will not be able to pay you for work performed after today, Friday October 10 and, as a result, that your employment with the firm will be terminated today. We also expect that we will need to inform other employees over the following two weeks that we are unable to pay them any further and will need to terminate their employment. We do expect that we will be able to continue to pay some people for a longer period of time. Regular paychecks will be provided today but because of the volume of final paychecks we will need to prepare, it may take a few days to get your final paycheck to you. We know this is important to you but please be assured your colleagues in the Payroll Department will be working as hard and as quickly as they can to get you your paycheck.
These actions have been forced upon us by the two banks -- Citibank and Bank of America -- that control our ability to make any payments. Generally, they have refused to pay employees who we cannot convince them are necessary (as they define it) for the wind down efforts. We understand how upsetting this news is. You should continue your activities to serve clients, including, where applicable, to bill your time. Time billing and client service are two of the criteria the banks are examining in our continuing negotiations with them to maintain an orderly transition.
We want to thank you for your professionalism and forbearance to date and ask you to continue to proceed with the same degree of professionalism you have demonstrated during your valuable service to the firm and to its clients.
The Dissolution Committee
The rest of the bad news, after the jump.
We've been able to confirm the claim that the entire Madison, WI office is becoming a Perkins Coie outpost:
Dear All,Today is the Madison office's last day as part of Heller Ehrman. Come Monday, we will be the new Madison office of Perkins Coie. Same people, same offices, new sign in the lobby, great firm. Keep in touch.
Meanwhile, a tipster is telling us that everybody remaining in Heller's Seattle office, essential and non-essential, has been let go.
This news comes on the heels of Orrick's acquisition yesterday of 27 Heller partners. Legal Pad has the names of all the partner refugees.
Any lifeboats for the non-essentials? Hopefully some of these people can at least try to recuperate over the long weekend.
Orrick Recruits 27 Heller Ehrman Partners [Law.com]
Naming Names: Orrick's Heller Recruits [Legal Pad]
Earlier: Hot Document:The Official Heller Ehrman Dissolution Plan
Prior ATL coverage of Heller's Dissolution

WWWOOOWW
First.
"heels" NOT "heals"
Serious Elie, the typos are killing this blog. "Perkins CoLe???" It's Perkins Coie.
sounds like a bunch of staff are heading over to Sidley. but it looks like a bunch of people are gonna be left stranded.
Perkins Cole (sic) to Baker Mak franchising!
I like cheese. Cheese is delicious. Do you also like cheese? What kinds of chesse do you prefer?
- Cheese Lover
I fairly certain that under CA labor law you have to provide them a final check at the time of termination.
This cheese stinks.
5: Get it right. It's [sic] with "sic" italicized, not (sic).
Sorry about the typo. Sometimes I get so excited about cheese that I type chesse by mistake.
- Cheese Lover
so which law firm's next?
"Non-essential?" This isn't the 1980s, Elie. The preferred term is "gays and lesbians."
"Generally, they have refused to pay employees who we cannot convince them are necessary (as they define it) for the wind down efforts."
Good thing a lawyer's job is never to negotiate with opposing parties to reach a mutually beneficial outcome or this law firm would be screwed.
Am I reading this incorrectly or did the memo say that the employees are fired and will not be paid for work done after today, but should "continue your activities to serve clients, including, where applicable, to bill your time."
So they should do the work but are not going to get paid for it?
11: thelen. that's a no brainer.
11: That's an easy question: Thelen. The tough prediction is what firm will fail after Thelen.
13: No kidding. That's precisely what I was thinking. "It's those big, bad banks!"
14: they had that sentence in the "you're staying" email too. they may have forgotten to take it out.
14: Well, Heller is known for its pro bono.
I smell a class action for accrued vacation pay.
14: Loyal book of business = good wherever they move to.
So they should do the work but are not going to get paid for it?
__________________________________________
Yeah, I had a hearty laugh at that one, too.
Why is "warn" in caps?
I'm so sorry Heller attorneys - we're hoping you're all able to find new jobs quickly.
Good point 18...but I'm pretty sure they are still saying that these suckers are gonna hafta work after their "final" paycheck since they then mention that they are still negotiating future payments with the banks...they just aren't guaranteed..and so these poor guys are getting owned.
On a lighter note...whoever hasn't actively been looking for exit options since first word of collapse probably deserves it.
23: It refers to the Worker Adjustment and Retraining Notification Act (WARN Act).
Thelen associates: get ready to get fired, you might not have as much time as you think.
So wait...Heller in Seattle is no more after today?
27: WTF do you know about Thelen? Probably nothing. Go back to tending to your docket at Jacoby & Meyers, moron.
Any lawyers get this email or just staff?
WARN is in caps b/c it refers to a federal law requiring 60 days notice in the event of a mass layoff. Some states (eg CA) have similar requirements. Failure to provide adequate notice entitles affected employees to wages & benefits for the period of violation. (This is oversimplified and not legal advice.)
"Why is 'warn' in caps?"
Oh, dear . . .
29 = soon to be unemployed Thelen associate pissed off that he can't find another job in this market.
I have spoken to two big firm hiring partners this week who say they have been swamped with Thelen resumes. Too many Thelen people looking to jump ship at the same time, and the market cannot absorb it. Thelen is as screwed as Heller.
33: Whatever 29 is, it doesn't mean you know what is going on office by office at Thelen. Many things are in the works, but not a full scale merger that's for sure. Can you say "cherry-picking?"
Thx, 26 and 31. GFY, 32.
-23
This is a fucking travesty, and the attempt to blame poor management, bad collections, failed merger talks and the like on the banks is just ludicrous.
But seriously, thank you #2 and #3 for focusing on the more important typos and what not. That kind of talent is sure to serve you well in the long term, especially in a market like this, where such value add is truly what will distinguish you from your peers. And I mean thatl iterally...douche.
It is unbelieveable how badly managed Heller is. Their emails to employees have about as much credibility as George Bush saying not to worry about the stock market.
34, There's precious few cherries left to be had at Thelen, at least outside of SF/SV. And what partner cherries there are will have trouble bringing their associates along in this market, even some SF cherries will move with less than their full groups.
That's why there are Thelen resumes all over the street now. That's just a fact. A fact that tells you all you need to know about Thelen's future.
Can someone at Heller please clarify, what does "non-essential" mean? Did everyone other than a skeleton crew get this email, or did just staff and a few associates?
35/23: It was a stupid question. GFY.
Not 32
And...feel free to prove my point by correcting my fast and furious typing - 36
38: Point is, SF/SV (legacy Thelen) will be ok, even though they probably won't be Thelen. LA, DC, NY, Northern NJ, and Hartford are likely to split up. Of course all Thelen associates have resumes out. They aren't stupid, they are keeping their options open. Some of those offices may join other firms, but the associates themselves may not like those firms so they go somewhere else.
Thelen won't be around in 09, but most of the attys there will be ok and land somewhere else.
damn
[quote]Thelen won't be around in 09, but most of the attys there will be ok and land somewhere else.
What makes you think that?
42, SF Heller (legacy Heller) wasn't ok, so why should SF/SV Thelen (legacy Thelen) be ok?
Perkins COIE is representing Heller in another malpractice action against the firm. Does anyone know if the Madison folks are going to continue representing Sonosite?
Too bad the money laundering practice went to Gunderson otherwise there'd be plenty of cash for payroll!
http://www.evilesq.com
44: Lots of talks going on right now. Can't say that every atty will be taken care of, but most will.
25 - f*ck you
There are many of us still "stuck" here on principle like me - Heller Drone. Principles don't pay the bills I know but I wonder which shareholders are going to stay behind until everyone gets off the S.S. Heller Ehrman.
And there are many people here who are trying to leave, and have been for quite some time. But Heller management wants to play games: confuse employees as to whether or not they really are terminated; get people to simply walk out so they don't get unemployment etc.
Heller used to be a really classy joint. But today's events and the events of the past month are just a bit too much for those of us still here.
So 25, please try not to piss on us as you walk on by.
Heller Drone
Cruise Director
Good for Madison. They're good people.
CT bar results out!
Anyone seen my stapler?
Hey 46 - How exactly is it a conflict of interest to have former Heller attorneys working at the firm that represents Heller? It's not like the former Heller attorneys went to the firm representing the plaintiff.
What attorneys are going to Sidley?
Does no one else really like cheese?
How can that be?
- Chesse Lover
Without fail every entry on this blog has a bunch of pricks rushing to point out typos. Stop, its gay. How many cool people do you know that constantly point out the typos of others? That's right, none.
This is terrible indeed. People seem not to love cheese as much as the Cheese Lover.
55:
It's totally gay to use the phrase "its (sic) gay" to mean "it's bad."
57 Wrong.
I say it's gay all the time. Guys in my high school also used to do it all the time. It really is no big deal.
Also, do you like cheese?
Dude, where's my country?
http://www.cooley.com/news/pressreleases.aspx?ID=41341320
58:
It's totally breeder to use tired tropes.
-57
cool - more Perkins people - welcome!
61:
Are you inferring that I wear a toupe?
guys in my high school use to always write typos, its cool
Why is McCain not suspending his campaign to try to deal with this? What's wrong with the man?
Does this mean that everyone left in the building just got fired? People have rent and mortgages and were counting on money for the rest of the 60 day period.
Long weekend? Wtf are you talking about? ATL sucks.
67 - Monday is Columbus Day... Do you still have 1L classes that day?
So sad that more scoops are found in the comments than on the main page (thanks, 50 and 60)...Elie, you suck
66: a skeleton crew is being maintained to help with the wind-down, but no clue on how big it is, or how long the leftovers will be employed.
Heller Drone: were you terminated? I for one think all the work you've done is amazing and laudable. I still can't believe Heller is going under.
Cold blooded.
Rick James
"We know this is important to you but please be assured your colleagues in the Payroll Department will be working as hard and as quickly as they can to get you your paycheck."
You think?!!
"We know this is important to you but please be assured your colleagues in the Payroll Department will be working as hard and as quickly as they can to get you your paycheck."
You think?!!
What is it about Thelen that makes everyone so sure they're going to be next?
~2L who doesn't want to summer at a firm like that
Big question for the timing of the Thelen liquidation -- i.e., how is 08 cash distributed? lots of former partners have not gotten their capital out and would have a claim on 08 cash. Current partners may really take a beating.
How the heck is it all this "talent" can land at other firms, but couldn't do a damn thing with the one they had? The main architect of this mess, Barry Levin, managed to land at Orrick, much to the chagrin of the Labor and Employment group that left Heller to get away from him and his ilk. I hope all the "non-essentials" have the grit to get together and sue the smirk off his face.
Guys in my high school used to make snarky comments on ATL all the time. Later they were all castrated.
Condolences to all.
Elie, you left out the best part of the Madison to Perkins Coie email--the Dickens quote.
another 2L here, same questions as #75.
for those of you who are talking about thelen. are you from that firm? just curious.
this post is uber lame
Wow...this is very very sad.
If anyone can explain whether the partners who stay behind at Thelen get stuck paying all costs and paying off Brown Raysman's debt I'd be curious to hear. And for those partners who leave, is their equity piece at Thelen at greater risk than it would be if they stayed at Thelen?
So how many Cadwalader victims have found jobs yet
If anyone can explain whether the partners who stay behind at Thelen get stuck paying all costs and paying off Brown Raysman's debt I'd be curious to hear. And for those partners who leave, is their equity piece at Thelen at greater risk than it would be if they stayed at Thelen?
Sounds like time for a class action against the shareholders!
Mass firing people in violation of WARN and/or CA labor law while preserving a large capital pool for subsequent shareholder distribution? F* ed is an understatement, and they should pay penalties on top of the wages owed. Race you to the courthouse...
I'm a Thelen associate and I've heard that some of the departed partners not only have assumed that their capital in Thelen is gone they've been discussing the proper tax treatment of the loss.
Though I wasn't at the meeting in SF a few weeks ago, some who were there claim that firm management admitted that they've had to draft a dissolution plan. Is this true?
Heller Drone here. Yes, I was "made redundant" as the Brits say.
I need to call my dealer . . .
#88 re: preserving a "large capital pool for subsequent shareholder distribution..." are you assuming this is the case? Or do you know this is the case? Aren't they required to pay the employees before getting back their contribution?
It doesn't sound like they're getting their capitol back...
39 - not everyone is gone, at least not in NY. There is more than a "skeleton" crew. Thank goodness lots of people were able to get out before the email today. However, there are still many people left, associates, staff and even a few shareholders. We'll probably be gone by the end of next week, whether or not we have a place to "land". Happy Freaking Holidays!
That's all folks! -- Thank you Pillsbury Winthrop Shaw Pittman -- hope your research was corrrect.
88 is an idiot. There isn't any 'large capital pool for subsequent shareholder distribution.' IF any shareholders get anything, it will be after every other creditor has been paid, from banks to landlords to staff, etc., etc. But the banks are clamping the incoming funds, to be absolutely certain they get paid off first -- as secured creditors.
(No I'm not shareholder. Just not an ignoramus.)
31 (or anyone else),
According to WARN, will Heller be liable anyway for wages, etc., for the 60 days whether or not they dismiss the employees early?
Ok, maybe I'm an idiot - didn't earlier posts describe assets substantially larger than liabilities? Why wouldn't the excess go back to the shareholders? Or was I not paying attention & failed to notice that the firm is insolvent after accounting for WARN mandated wages & CA labor code mandated vacation pay?
question... they keep blaming citybank and bank of america for their CA labor violations. should we sue them to call their bluff and force bankruptcy?
Whoever is trying to get people to leave now without getting paid, in violation of law, whether banks trying to get it all back, or shareholders trying to maximize capital return, needs to be dragged into court, pronto.
Sue now or you won't see a dime, you can bet that the banks & partners couldn't give a rat's ass about the staff or associates, and are very likely scheming to screw you out of as much as possible.
Remember Brobeck. Are these people really different?
It is my understanding that Heller was forced to dissolve due to the fact that they were in default with their banks - which was caused by a shareholder leaving Heller D.C. and taking a huge group of people with him. If this is indeed true - I wonder if that shareholder feels any shame?
Heller Drone rocks! Good luck to you HD.
88, 97: Yes, the financial statement attached to the Dissolution Plan shows a large surplus over liabilities. And it would go back to shareholders if it's still there when all this is over. Problem is, that surplus exists only if all bills and work-in-progress can be collected. Firm naturally says 'of course it can.' Banks naturally say, 'uh, why should we believe that.' Only time will tell.
hey 14, 18 & 25 : Easy for you to say not to stick around. Are you stupid or what, you stick around until they cannot pay your wages or until you find another job. You guys are idiots!
#99 "sue now or you won't see a dime?" --do you really think that involuntary bankruptcy will result in anyone getting the money owed to them faster? It won't. Plus, won't they pay the bankruptcy lawyers before the employees?
Heller Drone is as much of a culprit as the rest, perhaps even moreso since the rank and file did nothing to push or pull the situation.
Like Bear Stearns, the REAL fall of Heller was a lack of confidence, which the mighty "Cruise Director" (close as he may be is safely sitauted in Chicago)) helped to exacerbate.
jesus people. get over it and get on with your lives.
HD, don't keep rabble rousing. You're obviously a closet narcissist who wishes he could come out of the closet. Come out. We're all waiting for you.
105 = matt larrabee
107 = brad scott
105 = someone sick and tired of heller drone speaking for everyone.
Send him back to Chicago (where heller doesn't have any offices)!
105/107 = under barry's desk wishing semen would make them more like him
111 = he wishes so he might have gotten an offer
111 = gainfully employed and (like HD) want's his money due him by the heller "elite"
sign off! desk-under-surfing, shareholder-brown-nosing, life-stealing, labor-violating, maggot
111 = needs to be flexible, including forming a vacuum on his own apendages.
Sign this off!
111 = associate with nowhere to go?
79: Thank you. Those of us who have been with Heller for many years and are grieving over the loss of our "family" appreciate your condolence and sensitivity. Heller, especially in Seattle, has been a very special place--over the past several weeks we have shared memories, laughter, and tears. It is nothing to be snarky about.
116: Condolences and best wishes. Though I haven't been in this exact situation, I have been in a law firm department that fell apart. It's sad, it hurts people, and it's certainly not something to make light of.
#39 -- None of the secretaries in the Seattle office received termination as of today notices. A lot of the management and support staff did. Heller Seattle no longer has a receptionist to answer the phones. Today was their last day. They no longer have any library staff. Today was their last day. Most of the paralegals spent their last day at Heller today. I don't even know if there are any IT people left at Heller Seattle after today. Today totally sucked! I can't believe that after so many years (closer to 20 than 10) that today too was my last day at Heller. It is so incredibly sad.
118, I couldn't have said it better myself. Yes, for those of us that weren't terminated today (yet) it's like working in a morgue. The hallways and offices look like a tornado hit, the kitchen no longer has coffee, paper towels, cups. They've reduced the records staff to maybe 2 people, yet request the remaining employees to continue to serve clients, etc. The big copy machines were removed yesterday right in the middle of the day - regardless of whether you were printing large agreements - just gone. The only thing left is your icon on your print screen showing the printer is in error. Only to find out the damn printer is gone! I think we need to bring our own toilet paper now.
Smart move on the banks part. They have "shareholders" too. Besides, who'd believe Heller "management?"
http://www.evilesq.com
I post this to say "There but for the grace of God go all of us," not to mock Heller employees.
http://www.dailykos.com/story/2008/10/11/11450/878/32/627451
I post this to say "There but for the grace of God go all of us," not to mock Heller employees.
http://www.dailykos.com/story/2008/10/11/11450/878/32/627451
118 or someone else: what about Seattle associates? Were they all let go on Friday?
120. Please die soon. If you don't, you really need help. Your stupid crusade is, like you, a joke. Your obsession is a perfect demonstration of sheer madness. I fear for others who have to live with you.
#123 - I don't know about the associates, but it is my understanding that all "non-essential staff" must be out of the Seattle office by the end of next week. "Non-essential staff" = clean-up crew.
A very large number of the Seattle office (attorneys, associates and staff) is moving this weekend to Davis Wright Tremaine, most of them reporting to work there Monday morning.
A very large number of the Seattle office (attorneys, associates and staff) is moving this weekend to Davis Wright Tremaine, most of them reporting to work there Monday morning.
Glad to hear it, 126/127. I hope everyone has a soft landing. To have expectations go from continued employment, to 60 days' pay, to immediate termination, is just awful.
So what's with Thelen? Is 89's claim that Thelen's drafted a dissolution plan accurate?
Why
Why are people so preoccupied with Thelen and seeing it go down. Must be associates let go earlier in the year. Stop crying and move on! Worry about the stability of your own firm. Oops, I forgot you are unemployed.
more like incoming associates who are worried
i second 132
132, 133 - there is very little chance that the incoming associates will have jobs at Thelen. You already know this - the fact that Thelen not only pushed your start dates back but apparently engaged in a bloodbath this past summer (reportedly less than 50% got offers, all highly conditional) should have told you all you needed to know - but counting on Thelen would be a major mistake.
Locate and contact all the partners you worked for in your summer days, especially your partner mentors, and especially the ones who have already left. Ask them if they have any advice/know of anything. Ask them if they can swing an extra summer associate spot at their new firm for this upcoming summer, and bust your ass to get an offer for 2010. Ask for work as a paralegal in the interim. Go work for a temp attorney agency. Right now, the most important thing to do is get your foot in the door somewhere, and hope that you can turn it into a job offer down the road.
105
Your nose is so far up Heller managment's asses that you can't see what's going on. Either that or you are in denial while you are tossing that salad.
confirmed for my by someone still working in Heller's IT:
Lat actually browses and posts to these boards from his Heller computer.
What a douche!
Wow! I was a senior associate at a firm that bit the dust, and I was paid for every day I worked and my accrued vacation (which was pretty much all my vacation for the year). Whoever at Heller signed off on the agreements with the banks should be pilloried.
And congrats to the Madison office - you guys are great.
Who confirmed that for you in IT? Here's what I know about the d-bags in IT. They spent 300K this year on disk space they don't or can't even use. And then they spent another 200K making their network "faster" with equipment I heard never left the boxes.
That's half a million that could have paid my DUE wages. I assume the same brain trust that sailed this ship into the iceberg, runs the IT department as well
Heller's IT was actually one of the few very well-run departments at Heller. I am an associate who thankfully escaped Heller to a "