Layoffs

When I was a kid, before most of you were born, there were ads during Saturday morning cartoons for a program called “RIF” -– an acronym for Reading is Fundamental. Started in 1966 in Washington, D.C., it is supposedly one of the oldest non-profit educational programs in existence. I mentioned RIFs in my last column, and trust me, in the corporate world, RIFs are not altruistic attempts to get at-risk youth to read.

RIF stands for reduction in force – layoffs, terminations, downsizing, etc. A RIF can take various forms, a V-RIF, or voluntary reduction in force, is when a company offers early retirement or severance packages to certain employees. These are usually offered as a first attempt to reduce work force numbers, and they are the cleanest way to lower the population. At the other end of the spectrum is the I–RIF, or involuntary reduction in force. The term is self-defining.

I stated before that I have witnessed an IRIF period, and that it was awful. By “awful,” I meant that seeing people let go from their jobs was uncomfortable for me, having come from private practice where such reductions were not (at the time) as publicized as they are today. My company handled the situation with as much grace as could be expected, and I honestly believed our then-CEO when she stated that the dignity of our people was at the forefront of how the reduction would take place….

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Don’t shoot me, I’m just the messenger. I bring tidings of woe not because I’m trying to rob you of your right to pursue a legal education; I’m trying to help you. Call me Elie Stormcrow.

Actually, today The Atlantic is the messenger reminding you of the serious financial peril involved in starting a legal career. The recession might be over but the recovery hasn’t happened for all. And we’re not just talking about the Occupy Wall Street people. No, no, things remain pretty bad for lawyers and bankers. Here’s the money quote from the Atlantic: “In 2011, finance, insurance, and law were the three primarily white-collar professions that managed to shed workers, even as the rest of the economy trudged forward through a slow recovery.”

Yeah folks, even in 2011, the legal economy was still shedding jobs. But it’s not like law schools were spitting out fewer graduates, so… you do the math.

Here, the Atlantic has put things in a fancy chart. Pictures people, it’ll be like an LSAT game: how many people made a terrible investment in higher education?

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A few months ago, one of the public relations staff at Linklaters invited me to have lunch with him in the firm’s canteen. Now, I know that if I was a client, or even a journalist of greater rank, my PR acquaintance would have probably deemed me worthy of a trip to a restaurant on the expenses account. But, hey, times are tough, so I didn’t hold it against him. And in any case, I was curious to see what a Biglaw canteen looked like.

To my surprise, it looked a lot like a school canteen. A super-deluxe school canteen, you understand, with all sorts of fancy food options, and tasteful decor, and wholesome-looking — if oddly mature — students. Having finished my generous portion of chicken curry, side salad and smoothie, I relaxed back in my chair and, looking around me, wondered how those Linklaters people stayed so slim. Then I remembered the on-site gym I’d read about somewhere, which, I assume, nestles alongside the on-site doctor, dentist, physiotherapist and dry-cleaners, deep within Linklaters’ lovely womb-like central London offices.

In that moment, I wanted to never leave. It all just felt so… safe. But was it?

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(Layoffs at Linklaters, at the partner level.)

The Occupy movement has reached the legal profession, with an unemployed law graduate launching a campaign to occupy the Inns of Court (London’s legal quarter).

“Through no fault of our own, a generation of [law school] graduates find ourselves with no jobs — or no jobs as lawyers anyway,” wrote the graduate under the alias “OccupyTheInns” on Legal Cheek, a blog I edit. “The lucky ones are paralegals. The unlucky ones work in bars (not the Bar)… It is for these reasons that I propose peaceful direct action. It is time to occupy the Inns of Court.”

Responses to the plan have mostly been negative, but the broad sentiment of discontent has struck a chord. Catrin Griffiths, editor of The Lawyer magazine, summed up the mood: “I don’t buy much of [OccupyTheInns'] argument, which smacks too much of entitlement, but it signifies something bigger, related to the growing crisis of a million young people unemployed in the U.K.”

However, even with our spiralling unemployment rates, and love of protesting, I’d be surprised if an occupation of legal London took off. While many U.K. law school graduates are jobless and indebted, most still have a decent shot of making it into the profession. As such, they have too much to lose by winding up the establishment.

Maybe OccupyTheInns should instead re-direct their energies to recruiting the potentially far more vulnerable, high-earning, senior lawyers who look set to lose their jobs over the next few months?

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Over the summer, we wondered: what can law firms do to prepare for a possible double-dip recession?

One obvious answer: firms can “right-size” themselves, by making sure that they are as lean and as mean as they can be. And this seems to be what has been happening over the past few months.

We haven’t seen much in terms of lawyer layoffs lately, but staff layoffs are another story. In fact, on the staff side, we seem to be looking at a trend of firms reducing their permanent staff positions in favor of outsourcing.

Since August, we’ve learned of staff layoffs at O’Melveny & Myers (75 positions) and Paul Hastings (45 positions) — both as a result of domestic outsourcing to outside service providers. In addition, Pillsbury Winthrop announced that it might have to cut staffers who aren’t willing to relocate to its new Professional Services Center in Nashville. This prompted us to ask: Is On-Shore Outsourcing the Biglaw Wave of the Future?

The answer seems to be yes. Today we bring you news of additional staff reductions, at Fulbright & Jaworski and Goodwin Procter, both involving outsourcing….

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The big news this morning is bad news for the staff at O’Melveny & Myers. News started leaking out last night that the firm would be laying off 75 support staff members.

The firm has confirmed the news that was first published in The Recorder.

Approximately half the of the laid-off O’Melveny staffers will be cut outright. The other half will have the opportunity to be relocated to scenic West Virginia….

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According to the Department of Labor, 14 million people in our country are unemployed. And with a surplus of lawyers that reaches into the thousands in almost every state, unemployment is a serious problem for the legal profession.

Unfortunately, we all know that Biglaw firms — and surely other firms, as well — are avoiding these attorneys like the plague. We spoke about this industry-wide issue back in late 2009, noting that Biglaw firms weren’t exactly keen on hiring associates that had previously been laid off. In fact, one recruiter we spoke with told us that approximately 80 percent of employers specifically requested résumés from attorneys who are still employed.

Facing these seemingly insurmountable odds, what’s an unemployed attorney to do? As it turns out, President Obama wants to lend a hand, but only if he can get Congress to pass this jobs bill….

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During 2011, Paul Hastings has been picking up partners. We previously mentioned their acquiring two prominent leveraged finance lawyers, Michael Michetti and Rich Farley, from Cahill Gordon. Additional hires, including Michael Baker from Shearman & Sterling and Steven Park from Finnegan Henderson, are listed on the PH website.

Like any large firm, however, Paul Hastings loses partners too. We’ve just learned of two partners who are ankling PH for Nixon Peabody.

Let’s find out who they are, get the backstory on their departures, and also obtain the 411 on some PH staff layoffs….

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(Plus Paul Hastings staff layoffs.)

Too bad it's not as simple as making a sign.

Yesterday the stock market experienced its biggest drop since 2008. In the wake of the Standard & Poor’s downgrade of U.S. debt on Friday night, the Dow Jones industrial average fell by 5.6 percent and the S&P 500 fell by 6.7 percent. Global markets suffered similarly.

The market decline on Monday was only the latest in a series of slides. As noted yesterday by the New York Times, “[t]he S.& P. 500 is now down 18 percent from its April 29 peak and is nearing official bear market territory, defined as a fall of 20 percent.”

(All in all, it’s pretty depressing stuff. As I tweeted yesterday, “@DavidLat isn’t looking at his #stockmarket holdings today; instead, he’s buying more #Powerball tickets – huge jackpot!”)

What’s frightening about the latest economic turmoil is that it comes on the heels of a brutal recession that the U.S. economy has not yet fully recovered from. In the wake of the aptly named Great Recession, unemployment still exceeds 9 percent, housing markets remain weak, and government policymakers have exhausted many of the tools at their disposal for attempting to revive the economy. Interest rates are basically as low as they can go at this point; fiscal stimulus is a political no-go. What is to be done?

The steep stock market declines raise a question: Are we entering another recession — i.e., the second dip of a double-dip recession? If so, what does that mean for law firms and lawyers? (We’ve already noted the implications for the IPO market — and the lawyers who work in it.)

Let’s discuss, and take a READER POLL….

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Layoffs at law firms have slowed to a trickle (although we still hear the occasional rumor; email us with your tips). In the public sector, however, layoffs continue — and may even accelerate, as state governments and the federal government grapple with contentious budget issues.

Today brings word of major layoffs in Connecticut. In a just-issued report, Judge Barbara Quinn, Chief Court Administrator, laid out some serious cuts to positions in the judicial branch.

How serious? This may be hard to believe, but the number of jobs being axed exceeds the February 2009 bloodbath at Latham & Watkins….

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deirdre dare expat allen and overy.jpgFor those of you who have missed Deidre Dare, the expat lawyer who was terminated from the Moscow office of Allen & Overy after writing a smutty steamy online novel, give thanks. She’s baaaaaack.

Deidre “To Russia With Donkey and Dwarf Love” Dare is struggling with the cash flow these days. The Columbia Law grad’s London lawsuit against Magic Circle firm A&O for unfair termination in its Russia office was dismissed for lack of jurisdiction, so she filed a new complaint in New York. As you might expect from an amateur sex novelist, the complaint is rather juicy. Dare (a.k.a. Deidre Clark), who was a senior attorney in A&O’s London, Singapore and Moscow offices from 2007 to 2009, claims that she was terminated after giving into — and later spurning — her supervising partner’s sexual advances. (Excerpt: “[Tony] Humphrey made sexual advances on Clark, who was intoxicated at the time. This conduct included intimate sexual contact. Humphrey kept saying “I love sex.”)

Dare is upping the ante on the lawsuit. In London, she sued for £3.5m, but in her Big Apple lawsuit, she’s hoping to take a bigger bite out of A&O: namely, $35 million in punitive and compensatory damages.

“I think NY will take jurisdiction,” Dare, a member of the New York Bar, told us by email. “And thank god for that.”

In the meantime, Dare is working on another project that is, er, rather racy….

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I feel like I’ve stepped into a time machine that has taken me all the way back to 2009.

According to an internal memo obtained by Above the Law, the international law firm of Hogan Lovells is offering a voluntary separation program to U.S. staff. The memo, posted in full below, talks about needing to bring the firm’s support staff into alignment with overall firm needs.

The program is voluntary, but as we learned during the height of the recession, “voluntary” programs don’t always stay optional….

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Ed. note: Have a question for next week? Send it in to advice@abovethelaw.com.

Dear ATL,

I’m an in-house attorney at a large company. I used to be an associate at a big law firm, but was a stealth layoff victim and had little contact with the firm after that (and I’ll admit, I’m still somewhat bitter about the layoff). My current employer still works with my former firm sometimes, though the firm didn’t do anything to help me get my current position.

Recently, the firm realized that (1) I once worked there, and (2) I now work at a client. However, they failed to remember why or how I left, and thus have been contacting me as a firm “alumnus” to invite me to client and industry-type things, as well as firm events.

How should I respond to this attention, especially since I’m in a relatively small legal community, and my bosses do have some relationship with the firm?

– Memento

Dear Memento,

People seem to have online amnesia these days. You can be sworn enemies with someone in real life, but somehow it’s perfectly natural to want to add them on Facebook. Just had a soul-crushing breakup with an asshat? Start monitoring your inbox for his LinkedIn request. It’s really unbelievable. Some people just don’t understand that grudges are for life, and they’re held offline and online…

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While performing here at the ATL Cabaret on Wednesday night, the celebrated drag queen of Biglaw, Kaye Scholer, was pelted with rotten fruit — by her own associates. If you haven’t done so already, do check out their rage-filled rants. (If nothing else, they’ll make you feel better about your own firm.)

As we’ve stated before, we’re committed to presenting both sides of a given story here at Above the Law. Sometimes we don’t hear the other side of a story because the sources on that side don’t care to contact us. But when we do have both sides available to us, we present them.

In the case of the People v. Kaye Scholer, we did hear from a character witness on behalf of the defendant. What did this individual have to say?

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We previously compared the law firm of Kaye Scholer to a drag queen. Kaye Scholer, Kay Scholer — geddit?

Well, some associates at Kaye Scholer claim they’ve seen underneath all the make-up — and it’s not pretty. This contestant would not go far in RuPaul’s Drag Race.

In terms of responses to our recent discussion of which firms aren’t paying spring bonuses, however, Kaye Scholer emerges a winner. We’ve heard from KS associates in droves over the past day or two — and the depth of their fury is impressive.

What are they so upset about? It’s not just the lack of spring bonuses. Let’s find out….

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Just How Big Is The Lost Generation?

It’s hard to put a number on just how many people are in the so-called “lost generation” of attorneys who had their careers ruined during the recession. We’ll probably never know how many people did not get jobs or had to take very bad jobs because of the weak economy in 2008, 2009, and 2010.

But one way of assessing the damage is to look at the number of positions that have been shed by Biglaw firms. That’s the perspective the National Law Journal 250 took this year. Based on their numbers, Biglaw has lost almost 10,000 lawyers since 2008.

So if you got laid off during the recession, you are certainly not alone…

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Although Howrey LLP officially dissolved as a partnership as of March 15, some operations continued beyond that date. But at the close of business today, the firm is going into a more complete shutdown, due to a withdrawal of bank financing.

“Last night, we received notice via email that Howrey is closing as of today, because CitiBank refuses to pay the payroll,” one source reported. “CitiBank has also refused to pay our PTO [paid time off], and our pension contributions.”

“Citibank has closed the door on Howrey operations today, more than a month before the May 9th date listed on WARN notices,” a second tipster confirmed. “No PTO, pensions will be paid out.”

UPDATE (6 PM): Citi takes issue with Howrey’s take on events. From a Citi spokesperson: “We are deeply disappointed in Howrey’s mischaracterization of the situation. Citi is not responsible for the employment practices of a client and has acted in a professional manner throughout this process.”

The full Howrey memo, after the jump.

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Firm shutting down today, after Citi pulls plug.

We’ve been trying to figure out how many top New York firms will adopt spring bonuses. It doesn’t appear that Schulte Roth & Zabel will be one of them.

Multiple tipsters report Schulte Roth conducted staff layoffs earlier this week.

But maybe we shouldn’t jump to the conclusion that this means Schulte will not be paying spring bonuses. Is it possible that this move will free up money for a spring payout?

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Law firm layoffs might be down, but they’re not out. Today we bring news of staff layoffs in the Los Angeles office of Hughes Hubbard & Reed.

We heard reports that approximately 12 out of 18 support staff members have been or will be laid off. According to these reports, eleven were laid off earlier this month, and one will be leaving in a few weeks.

In response to an inquiry from Above the Law, a spokesperson for the firm confirmed the essential accuracy of these reports. No associates were affected by the reduction, she noted.

“This was a difficult move; we had to let go of some very good people,” said Gerard F. Cruse, the firm’s Chief Operating Officer, in a statement issued to ATL. “But, despite the fact we had another record year last year, the recession has impacted our L.A. office and we couldn’t continue to be overstaffed there. We are confident about its future and are planning the L.A. office’s expansion.”

Some additional information, after the jump.

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Layoffs dropped sharply in 2010.

This evening, many of us — and six Supreme Court justices, according to an announcement this morning from the Court — will listen to the State of the Union address. Don’t be shocked if President Obama tells us that the state of the union is “strong.” When was the last time a president appeared before us to announce that the union is in shambles? (Even Jimmy Carter never did that.)

The truth lies somewhere in between strength and shambles. And that’s true not just of the United States, but of the world of large law firms.

Let’s talk about two indicators: layoffs, and bonuses — including a reader poll, on whether firms will match Sullivan & Cromwell’s yummy spring bonuses….

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