Dissolution

Morning Docket: 11.08.11

Sandusky realizes he's been sacked.

* “The most valuable assets of a law firm go home every night.” If only Biglaw firms realized that prior to dissolution, we’d probably have a lot more happy partners and associates. [WSJ Law Blog]

* If we can’t deregulate the legal profession, then what can we do to improve it? One law professor suggests reforming law schools. Gee, I think I’ve heard that somewhere before. [Washington Post]

* Penn State totally fumbled the Sandusky sexual assault allegations. In other news, the purported child abuser’s autobiography is called Touched. I don’t know if I should laugh or cry. [Bloomberg]

* Kitty Genovese’s killer has been denied parole for the fifteenth time. And he should keep getting denied for as long as bystander effect is taught in Psych 101 classes. [New York Law Journal]

* Justin Bieber plans to prove that he’s still a virgin not the baby daddy of Mariah Yeater’s child. If he’s right, he’s going to sue and hope for one less lonely girl in his life. [New York Daily News]

Robert Ruyak

One of the most colorful characters in the saga of Howrey LLP, the once-thriving law firm that dissolved this past March, was Robert Ruyak, former chairman of the firm. How many law firm leaders write inspirational poetry for their summer associates?

Alas, many at Howrey found Ruyak’s leadership to be less than inspiring. He was frequently cast as the villain in the demise of the firm, which he led for over a decade before its dissolution. As noted by the WSJ Law Blog, Ruyak was criticized “[i]n some corners of the blogosphere” for “not respond[ing] swiftly enough to declines in the firm’s productivity” and “not sufficiently shar[ing] management responsibilities with his fellow partners.” According to the American Lawyer, he caused the firm to overexpand, taking on too much risk — in the form of lateral partners and contingency cases, among other things — when it should have been buckling down for tough times ahead.

Today brings news that Robert Ruyak has found a new professional home. Where’s he going?

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For some reason, something must end before we learn our lessons. That is precisely the reason that Sophia Petrillo from The Golden Girls attended her own funeral. She wanted to hear how much people appreciated her while she was still alive, correctly realizing that eulogies are much more valuable at a “funeral” where the individual is still alive to hear the nice things said about her.

This is also why every tech blogger and new source is discussing what we can learn from the retirement of Steve Jobs. My favorite “eulogy” is from a Wall Street Journal blog, The Juggle, recalling a commencement address Jobs gave at Stanford in 2005 about never settling. While I am pretty sure I did not listen to his advice, it is nevertheless sound. He said:

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Heller Ehrman announced its dissolution in September of 2008. The firm was required to give employees 60 days paid notice under the WARN act, but they couldn’t even get that right. Many associates and staff had their pay terminated before their 60 days were up. And many more employees were not compensated for their unused vacation time and other expenses.

These people have had to wait in a long line to get their piece of the steaming Heller carcass.

But the wait is almost over, though the payout will be underwhelming. Take heed, Howrey folks. We could be looking at your future….

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Although it officially passed away back in March, when its partners voted for dissolution, the law firm of Howrey LLP continues to twitch in its grave — or maybe even step out of its grave and walk around a bit, like a zombie from a horror flick.

Howrey continues to have a presence on Twitter, for example. A D.C.-based reader pointed out to us that the April 2011 issue of Washington Lawyer magazine contained a partnership announcement for the firm, on page 44: “Stephen D. Palley and Andrew R. Sommer have been named partner at Howrey LLP.” (Both landed on their feet: Palley is now a principal at Ober|Kaler, and Sommer is now of counsel at Winston & Strawn.)

And, strangely enough, Howrey is still seeking client engagements….

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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.

Tomorrow, March 15, the end will finally come for Howrey. Later this month, the law firm of David J. Stern, formerly known as Florida’s foreclosure king, will shut its doors.

This week, we’ve got another sizable law firm announcing its dissolution. Obviously not everybody is catching on to this economic recovery. While some firms are doling out the green, in the form of spring bonuses, other firms are handing out pink slips.

Today’s law firm obituary also comes from South Florida. Yes, we know, shocking that Florida is still suffering the effects of the recession. But there are another 280 people down there who will soon need to find new jobs….

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The partners of the law firm of Howrey LLP, founded in 1956, have voted to dissolve the existing Howrey partnership. The dissolution will take effect on March 15, 2011, according to a press release that was issued earlier tonight by the firm.

The firm’s chairman and CEO, Robert Ruyak, has not been the most popular person during Howrey’s long and painful disintegration (which arguably started over a year ago, with some key partner defections). But few would disagree with the statements he made this evening.

“This is a very difficult time for our firm, for our attorneys and for our staff,” Ruyak said. “Many of us have spent our entire legal careers at Howrey and remain proud of what we built. We find some solace in the fact that our people have been so well received by their new firms. They are first class professionals and deserve the respect accorded to leaders in their fields.”

We extend our sympathies to everyone at Howrey who will be affected by the firm’s demise, and we wish them the best of luck as they search for new workplaces. Many superb lawyers and staff have worked at Howrey over the past 55 years, and as we’ve chronicled in these pages, many are being courted and welcomed by other law firms — a testament to their talents and abilities.

Additional commentary and links, as well as the full press release, appear below.

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Yes. The voting started today at 11:30 AM (Eastern time) and remains underway, according to Am Law Daily. We will keep you posted, either by adding updates to this post or publishing a new post.

Meanwhile, the CEO (and poet laureate) of Howrey, Robert Ruyak, gave an interview to the Wall Street Journal about the apparent downfall of his firm. As summarized by the WSJ Law Blog, Ruyak blamed Howrey’s troubles on a combination of (1) experiments with contingency fees and alternative fee arrangements, (2) impatient and risk-averse partners, and (3) discovery vendors.

Are you finding it hard to keep track of where all the Howrey partners are ending up? Join the club. Luckily, there’s a new resource out there that can help….

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We’re hearing reports — not yet confirmed, so please take them with the proverbial grain (or shaker) of salt — that Winston & Strawn has rescinded some or all of its offers to partners of Howrey.

The supposed catalyst for the collapse: antitrust star Sean Boland, who had been leading the talks on the Howrey side, pulling out of the deal. It has been rumored that he might take his team not to Winston but to Baker Botts (which has already absorbed other Howrey talent).

What we do know for certain is that the partner exodus from Howrey continues. Here is the latest confirmed news.

UPDATE: Various updates have been (and are still being) appended — after the jump….

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As we mentioned in our last story on the embattled Howrey law firm, the remaining partners will vote this week on whether to wind down the 55-year-old shop. According to Am Law Daily, that vote is set to take place on Wednesday.

For the past few weeks, Winston & Strawn has been waiting in the wings, hoping to help itself to Howrey’s healthiest parts. But as we’ve chronicled in these pages, many of the strongest partners and practice groups have already defected to other firms.

Let’s discuss the latest developments — and also learn the fate of current 3Ls holding offers from Howrey….

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Partners at the differently abled challenged Howrey law firm continue to leave the reservation in droves. Last night, Am Law Daily reported on the departure of antitrust litigatrix Roxann Henry. She’s joining Dewey & LeBoeuf, which has picked up a number of Howrey refugees (including Henry Bunsow, former vice-chairman of the firm).

What’s next for Howrey? According to Legal Week, the remaining partners plan to vote next week on whether to wind down the firm. (For a discussion of possible Howrey endgames, see Am Law Daily, which interviewed partnership law expert Robert Hillman, a professor at UC Davis.)

After the dissolution vote, Howrey can focus on talking to Winston & Strawn about which associates and staff Winston might want (as well as other assets, like the Howrey name). As previously discussed, a few weeks ago Winston made offers to about 75 percent of Howrey’s partners. It looks like about 35 percent of Howrey’s remaining partners have agreed to join Winston, and Legal Week reports that confirmation letters went out to them last weekend.

In our last post, we opened up a Howrey haiku contest. Let’s look at the winners….

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The spinning of the revolving door at the beleaguered Howrey law firm is making our heads spin here at Above the Law. Keeping track of all the partner departures is becoming quite the challenge. We’ve collected some links about the latest partner defections, after the jump.

At this rate, it’s not clear how many lawyers will be left for “rescue” by white knight Winston & Strawn. (Protip: check the armor for bedbugs.)

Here’s some new (but hardly surprising) information: Howrey has canceled its summer program. Yes, the famous Howrey Bootcamp, touted by the firm as “[f]ar more intense and rewarding than traditional summer associate programs,” and offering “an entirely unique approach to associate recruitment and training.”

Bootcamp participants received intensive litigation training — and inspirational poetry from firm CEO Robert Ruyak, which we share with you below….

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The Howrey saga rolls on. The story has been interesting to cover, since it involves some colorful characters and illustrates a number of trends that are reshaping the large-law-firm landscape (as noted in the recent Washington Post piece on Howrey). But at a certain point, we’re just going to want some closure on this story.

Well, a conclusion may be close at hand. The contours of an absorption of Howrey by Winston & Strawn are starting to become more clear.

Let’s take a look at what’s on the table….

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A report surfaced yesterday claiming that Howrey has now more or less given itself an end date: March 1, according to the report on Shark Tank Legal.

Partners who have received offers to join Winston & Strawn are expected to accept them by March 1st. After that, Howrey will be in full dissolution mode.

Even Howrey people must want this thing to just be over already. But before the end, we could see more ugliness, like segregated floors to keep the partners with safe landing spots safe from their desperate colleagues…

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Yesterday we passed along a rumor that Barbara Werther and some of her colleagues in government contracts were leaving Howrey. We have since received additional confirmation of this report. According to one source, Werther informed Howrey partners of her departure on Thursday, and her office was cleaned out on Friday.

As we previously mentioned, a meeting with associates and firm chairman Robert Ruyak was also scheduled for yesterday. What happened on that conference call?

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Accept your offers. It’s wise advice for 2Ls going through fall recruiting, and it’s wise advice for partners of the rapidly unraveling Howrey law firm, most of whom have offers to join Winston & Strawn. Last weekend, Winston made offers to a little over 75 percent of Howrey partners, with responses requested in 21 days.

Yesterday we mentioned that a Howrey partnership conference call took place on Tuesday. During that meeting, firm chairman Robert Ruyak and Winston & Strawn managing partner Thomas Fitzgerald apparently urged Howrey partners with Winston offers to accept them as soon as possible, according to The Recorder.

Many Howrey partners have already left for other firms, as chronicled in these pages. A group of eleven attorneys recently departed for Morgan Lewis, for example.

Of the 200 to 230 Howrey partners who remain, how many are likely to go with Winston?

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The troubled law firm of Howrey has previously been compared to a ship. If the comparison is accurate, then one has to wonder whether the ship be sinking.

Look at how many sailors — officers, even — are abandoning ship. The latest news: eleven Howrey lawyers have left for Morgan Lewis & Bockius, in Chicago and California.

A look at the departing attorneys — plus reports about recent and upcoming Howrey conference calls, and questions about the fate of those holding offers from the firm — after the jump….

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In our last story on the trials and tribulations of Howrey, we expressed doubt that a full-on merger between Howrey and Winston & Strawn would take place. We suggested that Winston would probably wind up “picking up large chunks of Howrey, maybe even entire offices — just like Sonnenschein picked up 100 lawyers from Thacher Proffitt, during TPW’s final days.”

And that appears to be what’s happening now. According to The Recorder, Winston extended individual offers to a little over 75 percent of Howrey partners over the weekend.

And what about the remaining 25 percent? A recruiter familiar with the situation told The Recorder that they either have conflicts issues or aren’t interested in winding up at Winston.

What else do we know about the situation?

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Way back in 2008, back when people were wondering just how bad the recession was going to be for Biglaw, Heller Ehrman collapsed. When the firm dissolved, there was a lot of fear that it would be the first of many to fold.

While a few other firms also dissolved during the recession, we didn’t have an epidemic of dissolution across Biglaw. At the end of the day, it looks like only the firms under horrendous management paid the ultimate price.

Of course, many of the people who managed these firms into the ground landed on their feet and found new, high-paying legal jobs. Many of the associates and staff didn’t fare as well. Try getting a job in this economy when you are an associate with no experience who has already been laid off. In the immortal words of Akin Gump partner Steven Pesner, “the job market is not so good right now, in case you did not know.”

Given all that these people have been through, it’s nice to be able to report on a victory for two would-be Heller associates. Heller pushed back their start date and offered them a deferral stipend. Then the firm folded, and Heller never paid out that stipend.

Now, two years later, a California court has ruled that these two members of the Lost Generation should have been given priority when Heller came apart…

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