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Is Latham Setting Precedent?

Latham Watkins LLP lw logo.jpgThis instant reaction to Latham’s layoffs is that the moves herald a paradigm shift among top law firms. The Faculty Lounge offers this analysis:

[A] massive layoff like this breaks most of the remaining market stigma around Big Firm layoffs. As I discussed previously, top tier firms have long been afraid of laying off associates for fear that rising 2L’s from Harvard et al would not accept their offers….

There is a small upside to this layoff - the significant severance packages may set an industry standard. But the flip side is that these layoffs may make other big firms feel that severance packages are the vitural equivalent of continued employment - that they take away most of the stigmatic sting of the act.

Latham could also be setting a precedent in the way it is handling its incoming first years. Just after the firm announced the layoffs, Latham sent out an email to incoming first years offering them a $62,000 stipend (plus the standard $13,000 Bar Exam stipend) for deferring their start date until October, 2010:

We are also offering an alternative for those who are interested in further deferring their start date until October 18, 2010. This Deferral Program provides an opportunity to use the intervening period to work at a public service organization or pursue academic, political or other interests.

It could be a good deal for some people.

But is Latham really a trendsetter? We explore after the jump.

When Latham froze associate salaries, a lot of people thought other firms would follow Latham’s cost cutting measure.

Many did.

But not the “most prestigious” firms according to the Vault Survey. Latham stands alone among the Vault top ten in terms of freezing salaries. Top firms followed Cravath when it came to associate bonuses. But Latham didn’t have Cravath’s pull when it came to associate salaries.

Put another way, do we really think that Skadden is waiting for Latham to give them cover before it lays off associates? One would hope that these firms, top firms, are making decisions based on their own profits and business projections.

Only time will tell if Latham is the proverbial “straw that stirs the drink.”

Read the full deferral program details below.

LATHAM & WATKINS — MEMO — INCOMING FIRST YEARS

As you may know, today we announced a layoff affecting associates, paralegals and staff. This was an extremely difficult decision, but is necessary because of the dramatic downturn in the global economy. I attach the email that was sent to all personnel to provide further information.

In light of these challenging conditions we are planning to defer our start date for the Class of 2009 until mid-December 2009. We are also offering an alternative for those who are interested in further deferring their start date until October 18, 2010. This Deferral Program provides an opportunity to use the intervening period to work at a public service organization or pursue academic, political or other interests. We have arranged a number of opportunities with public interest and community service organizations, but participants may also make their own arrangements. Participants will, however, not be permitted to work at another law firm prior to joining us. Participants will receive $75,000, consisting of a stipend of $62,000, payable as one lump sum on October 15, 2009, in addition to the firm’s standard $13,000 Bar stipend (which will be paid upon graduation as is customary). The number of openings in this Deferral Program will vary by office and the deadline for all applications is March 31, 2009. As we may need to limit the number of participants, we encourage early applications.

We realize that you will likely have questions about this Deferral Program. Please contact any member of the Recruiting Committee listed below for your office to discuss it further. If you decide that you would like to participate, please let Debbie Clarkson and a Recruiting Committee member from your office know no later than March 31, 2009.

John Tang

Global Recruiting Chair

Latham & Watkins LLP

Latham & Watkins Layoffs Suggest A New Big Law World [The Faculty Lounge]
BREAKING: Latham to Cut 190 Associates, 250 Staff [AmLaw Daily]
Law Firm Layoff Watch: Latham Cuts 190 Lawyers, 250 Staff [WSJ Law Blog]

Earlier: Nationwide Layoff Watch: Latham Cuts 440 (190 Associates, 250 Staff)

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