Weil Gotshal Produces The Mother Of All “We’re Awesome” Emails
We’ve been covering law firms’ attempts to reassure associates in these troubled times. Because of their respected bankruptcy practice, we’ve assumed that all was well at Weil.
Friday we received word that Weil isn’t just doing “well.” Apparently, “global financial crisis” is how you spell “straight cash homey” at Weil Gotshal. From firm chairman Stephen J. Dannhauser:
To date, our representation of Lehman Brothers Holdings has engaged a large swathe of the firm, more than 100 attorneys and staff working on the many matters this bankruptcy, the largest in US history, has spawned. In addition to the large team providing bankruptcy counsel to Lehman, Weil Gotshal’s corporate team has already aided the company in the structuring and execution of the two largest transactions ever in a Chapter 11 proceeding. These include the sale of substantially all of Lehman’s US investment banking business, its headquarters, two support facilities, and the broker-dealer business (including the real estate and infrastructure necessary to preserve that business) to Barclays, as well as the sale of certain investment-management assets, including the Neuberger Berman division, to private-equity firms Bain Capital and Hellman & Friedman.
We’ve noticed a paucity of Weil associates participating in our comment threads, but clearly that is because they are all very busy reupholstering their seat cushions with dollar bills.
Are we sure Weil will just be a bonus “follower” this fall?
Read the full memo after the jump.
We know that Weil is traditionally a market follower when it comes to associate compensation. But at this point, why wouldn’t Weil set the market for bonuses? Chairman Dannhauser closes his firm-wide email with a courteous reach around:
My congratulations and thanks to all of the clients teams who have worked so hard over these last weeks and months in connection with this extraordinary flow of matters. The response of so many in support of our clients in crisis has been remarkable, and the teamwork, dedication, and excellence displayed by the lawyers and staff of Weil Gotshal has been truly gratifying. Our response defines our Firm and I can assure you it has not gone unnoticed by our clients.
If the chairman is noticing excellence and the clients are noticing excellence, why shouldn’t the associates be “extraordinarily” rewarded at the end of the year? Weil attorneys could have reacted to these new matters like the Chicago Cubs — choking their way through the crisis with one hand wrapped around their throats. Instead, according to the chairman, they are putting in a championship performance.
We’ll see if Weil associates get any extra stocking stuffers this holiday season.
WEIL, GOTSHAL & MANGES — MEMORANDUM — STEPHEN J. DANNHAUSER
From: Stephen Dannhauser
As all of you are aware, the global financial industry is undergoing significant distress. I wanted to update you on the principal role our Firm is playing in multiple crises and events, across a wide array of the Firm’s practice groups and offices both in the US and internationally.
To date, our representation of Lehman Brothers Holdings has engaged a large swathe of the firm, more than 100 attorneys and staff working on the many matters this bankruptcy, the largest in US history, has spawned. In addition to the large team providing bankruptcy counsel to Lehman, Weil Gotshal’s corporate team has already aided the company in the structuring and execution of the two largest transactions ever in a Chapter 11 proceeding. These include the sale of substantially all of Lehman’s US investment banking business, its headquarters, two support facilities, and the broker-dealer business (including the real estate and infrastructure necessary to preserve that business) to Barclays, as well as the sale of certain investment-management assets, including the Neuberger Berman division, to private-equity firms Bain Capital and Hellman & Friedman.
The sale of Lehman’s US investment banking assets is expected to save nearly 10,000 jobs and preserve the integrity of approximately 600,000 customer accounts. Furthermore, the sale was concluded in just seven days from the commencement of Chapter 11 cases and a SIPC proceeding, and approximately 10 days from the start of the process, an accomplishment that is truly historical and unprecedented.
Late last week, our firm also filed Washington Mutual’s application for bankruptcy protection under Chapter 11, the largest bank failure in US history, further demonstrating the premier position that our Firm’s restructuring practice enjoys in the marketplace.
But clients facing distress come to Weil Gotshal for more than restructuring advice - they seek out, as well, the broad-based crisis management and counseling skills of our world-class partners across the spectrum of practices, and many of these recent high-profile representations are the function of our deep, existing relationships, as well as the talented pool of lawyers we have who can handle complex restructurings and crisis management for clients.
These existing relationships, in turn, facilitate the wider engagement of our firm when crises strike. For instance, the work of our securities litigators and structured products group for AIG over the last several months, and our corporate group’s representation of Goldman Sachs and Perella Weinberg as financial advisors to Wachovia in its impending sale, evidence the confidence and trust our clients place in us. Our Corporate Department also represented long-time Firm client General Electric in its recent issuance of stock, including $3 billion of perpetual preferred shares purchased by Warren Buffett and another $12 billion of common stock.
When AIG first retained Weil Gotshal, the outcome of events was uncertain, but at each moment of its crisis, AIG has relied on the counsel of our Firm in the development of legal strategies to address their business challenges. In the case of Wachovia, our M&A lawyers were called upon for their experience with corporate transactions involving distressed businesses and workouts, as they have acted similarly for Lehman, among others, at the highest levels.
Our BF&R Department has now represented ten clients this year in Chapter 11 filings, including all of the largest filings, again confirming our lead position in bankruptcy/restructuring and crisis management. While Lehman and WaMu are truly one-of-a-kind events in the investment banking and commercial banking industries, each of the ten filings we’ve handled this year is unique in its own way and have proliferated work across other practice groups, both here in the US and internationally. Furthermore, there are several significant restructuring matters currently in our pipeline that are the focus of many lawyers across the breadth of our Firm.
My congratulations and thanks to all of the clients teams who have worked so hard over these last weeks and months in connection with this extraordinary flow of matters. The response of so many in support of our clients in crisis has been remarkable, and the teamwork, dedication, and excellence displayed by the lawyers and staff of Weil Gotshal has been truly gratifying. Our response defines our Firm and I can assure you it has not gone unnoticed by our clients.
Thanks.
Steve
Earlier: We’re Super: Thanks For Asking
A Silver Lining to the Wall Street Cloud: More Work for Lawyers (at Shearman, Sullivan, Wachtell, Weil, etc.)




Comments
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first???
first. LOL. i went to harvard
You guys are totally confused: The University of Pennsylvania and Penn State are completely different schools. UPenn is an ivy league school inPhiladelphia, and it has the Wharton business school. Penn State is a Pennsylvania state school (the one with Joe Paterno's football team), and it does not have a Philadelphia campus. What a bunch of morons.
3--stop being amish and go back to the steel mill.
nice job, mystical. no spelling/grammar errors that i saw on my quick skim of the post.
The first paragraph almost reads like Weil is responsible for all of the problems out there.
3 - insecure Penn student. Face it, you are at Penn State Philadelphia Campus.
How is Fried Frank doing with all of this?
I have a question. Isn't the forwarding of these memos to ATL problematic from an attorney ethics point of view? The extent of a firm's representation for a certain identified client should probably assumed to be privileged information, until firm management gives permission to publicly release the information.
Clean post. Nice work, Elie.
Right on, 3. You might also have added that Penn State doesn't have a law school.
Isn't some of this information considered confidential under applicable ethical rules? If so, is Elie "subject to discipline" for republishing it?
Discuss.
Swathe should be swath.
But spawned is just swell.
WGM must be doing well to be tossing about so many $2 words.
I went to Harvard.
Discuss.
3 - actually, you're an idiot. they're both the same schools except they just have two separate campuses. it's amazing you don't know this. so dumb
more importantly, notwithstanding the puffery, one thing is certain - harvey miller has a 15 inch dick,
In case no one's gotten the link between the actual subject of this post and No. 3's obfuscatory comment, a surprising number of Weil's lawyers graduated from Penn State:
http://www.weil.com/searchresults.aspx?keyword=pennsylvania
wonder how many 1L’s they’ll be hiring? i can do bankruptcy.
-nervous T-10 1L
FIRST!!!!!!!!!!!!!!!!!!!!!!!!!
From a frequent Elie-basher: Good post. You maintained the better elements of your style (the LULZ) without the nails-down-chalkboard errors or uncalled-for liberal throwaways. Keep that up and ATL will survive.
10 -- Yes, Penn State has a law school. They call themselves DSL (ha!) for short. http://www.dsl.psu.edu/
13 - i too went to harvard.
don't discuss...just be in awe of my greatness.
A Randy Moss reference!!
Reggie Bush (the one we knew in college) welcome to the NFL!
why no "We're great" email from cravath, stb, cleary?
Had a classmate who interviewed at Weil the day that the firm assumed Lehman's bankruptcy duties. Let's just say that they stopped just short of throwing Benjamins at her.
"As all of you are aware, the global financial industry is undergoing significant distress. I wanted to update you on the principal role our Firm is playing in multiple crises and events"
LOL. Weil is the culprit!!
Steve should be the one facing Congress, not Dick.
(talk about badly written)
I must be totally out of the loop 15, but I still don't see what 3 was getting at?
I push rhymes like weight.
Ice Cube
Uh, 19, re Penn State's "lawschool"? That link goes to the countdown clock for Penn State's PROPOSED law school (85 days and counting). They have to get accreditation, etc., although you'd think they would already have it from their Philly campus.
dancing on someone's grave is bad kharma weil.
Nervous T-10 1L:
You won't get hired by being that desperate to get paid as a 1L. Face it. The economy sucks and firms are shrinking summer classes. Just try to get pumped about doing public interest work this summer.
27 - That countdown is for their new building in University Park. They currently have a campus in Carlisle, PA, which I assume they'll be moving from in the near future.
No accreditation? Then explain to me how they are #77 on the US News Rankings.
http://grad-schools.usnews.rankingsandreviews.com/grad/law/search/page+4
For the record though, still a miserable TTT. One of my friends goes there and agrees.
-19
@8: No, it's a marketing tactic. Most law firms have a list of closed deals on their websites to show the world what they're doing, and they often have a marketing department in charge of issuing press releases. This isn't much different than that.
30 (and 19): That link just says Penn State in "University Park, Pa"; it doesn't mention any campus in Carlisle. I guess that ranking is for proposed schools. Re: Carlisle, were you thinking of Wharton's law school near Harrisburg?
Could we please kill this UPenn, Penn State nonsense? It's not funny and you all look like idiots.
Are you people completely retarded? The University of Pennsylvania is an Ivy League school, consistently ranked with Harvard, Yale, and Princeton in the top 5 or 10 (for undergrad) and has top 10 law and medical schools and the #1 business school. Penn State is an average state school that is not located in Philadelphia.
34, Please don't take the bait. They know this. They just want to get people riled up. If everyone stops responding to these Penn comments, then they will go away.
12: "Swath" and "swathe" are both acceptable spellings.
Don't try so hard.
The sad thing is that almost all of the Penn comments are by the same person, writing responses to his own post a la autoadmit.
This site would be a lot better if people would stop posting (or Elie would remove) the posts about Penn/UPenn and GULC. They're not funny and I have no idea why these posters think they are. And the pretzel stuff is old...
34, see No. 3. You were beaten to that joke long ago. 35, the Penn state comments will never go away, whether people take the so-called "bait" or not, because state school students that take themselves so seriously are just ridiculous. Who cares if it isn't Harvard or Yale?
i actually think the penn state/penn jokes are pretty funny...especially when a penn dumbass falls for it. as for GULC, it's not a joke. the school sucks donkey balls.
-Columbia grad
34, while you were at it, you should have mentioned Penn's football team, currently ranked 6 in the AP poll. Pretty impressive as well!
Is JoePa the dean of Penn State's Law School? If not, he should be.
@31: This is completely different. Taking an internal memorandum that the managing partner sends just to people within the firm and forwarding it to the public without authorization is problematic - some of the information in the message could be privilege, confidential or just not written in a way that the client would want disclosed publicly.
Information on law firms web sites has gone through a review and authorization process before it is made public.
Internal marketing does not equal external marketing.
Call Weil Aaron Burr, from the way they're dropping Hamiltons!!!
34, your confusion is palpable. The Penn Nittany Lions have dominated for many years the gridiron at Franklin Field but suffer from sporting a substandard law school.
I'm actually a Penn student (the real one) and find these comments pretty funny. Unfortunately, the guy who does them is probably the same guy who is responding to them. I don't think anyone is really "falling for it" or "taking the bait" anymore. Dude, come up with some new stuff - it's funny, but what you've got now is really old. The GULC comments are just mean spirited, though I do enjoy when someone cleverly uses GULC as a verb (cleverly, not disgustingly).
Weil Gotshal: Jewish vultures
yes...weil and the jews. let's blame them for the stupidity of the goyim.
36: "Cravath" and "Cravathe" also are equally acceptable.
Weil will never be a bonus leader because there is concern at the firm that it would seem unsightly by the firm's bankruptcy clients to lead the market with bonuses.
Maybe that's true, 50, but the real reason is that bonus payments from client to law firm to associates are often recouped as preferences.
51: can you explain what you mean?
is that true about preferences? How do you know? - Laid Off Lawyer
52 & 53: "Often" was too strong a word, but I've seen it happen. It's a fairly obscure provision of the Code (not sure of the cite right now), and some trustees either aren't aware of it or don't think it worth pursuing. Particularly aggressive trustees, however, do go after law firm associate bonuses.
54: do you mean if the client pays fees above normal billing rates?
54: ty for the info, btw
-52/55
51 / 54: you're wrong. a preferential payment is one made 90 days before the bankruptcy filing (1 yr for insiders), so long as it satisfies certain conditions. see 11 u.s.c. 547. If Weil pays its associates bonuses at the end of this year from fees and expenses it received for representation of Lehman (and its other debtor clients) - which fees & expenses would have been applied for and approved by the court - then it would necessarily be post-petition and therefore not recoverable by any trustee. Generally, firms receive a % of fees (and all of their expenses) pursuant to an interim compensation order, then have to wait to the end of the case to file an administrative claim for the rest of their fees. Dumbass.
To the extent law firms represented a debtor, received funds and paid bonuses all prior to the client's filing, that law firm could be exposed to a preference action. The law firm has only two affirmative defenses - (1) payment from the client was made in the ordinary course; and (2) payment from the client was made for new value. I don't think the trustee could go after associates for the bonuses they were paid by the law firm. Couldn't they count as bona fide purchasers for new value? Or something like that ...
I agree with 57. 51/54 is a complete dumbass. Any fees paid to Weil would have to be court approved. BK judges look at such fees/expenses very carefully and are known for cutting them down significantly when appropriate. Weil is a first rate shop; it knows how to get paid. Taking back associate bonuses in bk---most ridiculous thing ever.
These comments about bonuses being recovered are the bankruptcy equivalent of the "Penn State" comments - although potentially less funny because fewer people are aware (or even care) about the intricacies of the Bankruptcy Code.
As someone else pointed out, bankruptcy departments at big firms know how to get paid. (Just ask the partner at Kirkland who billed approximately 10 thousand hours in the UAL bankruptcy, over just 3 years and 2 months - I still have trouble believing that).
A bankruptcy lawyer
No No, I have it right here "hyenas, n., any on of a pack of carnivorous beasts of the family Hyaenidae."
33, then why do they make me giggle (esp. when someone gets worked up?_. (Ok, ok: I admit it, I have a sophomoric sense of humor.)
57, 59, 60:
See, e.g., In re Friedmans Inc., -- F. Supp. 2d --, 2008 WL 1758815 (S.D. Ga. 2008) (discussing pursuit of fees paid to Alston & Bird as preference payments and/or fraudulent transfers). I'll leave the rest of bankruptcy 101 to you.
--54 (not 51)
Cleary was counsel on the other side of both of the Lehman-related transactions Weil trumpets in this email.
63
I know this is a few days late, but I've read the case you cited. It doesn't stand for that proposition at all. That case dealt with a fraudulent conveyance of services for which the reasonable equivalent was not obtained. And the holding merely says that res judicata did not bar the claim. Procedural history is important, and you should have noted that the claims were more malpractice and fraudulent conveyance of fees prior to, but in preparation for, the bankruptcy.
2008 U.S. Dist. LEXIS 31262, or go to 385 B.R. 381 and see the subsequent appellate history