Law Firm Mergers

The last we heard from Fulbright & Jaworski and Pillsbury Winthrop, the former was busy conducting staff layoffs, and the latter was exploring on-shore outsourcing options. Today, we have bigger and more exciting news: the two Biglaw firms may be headed to the altar.

What would a combined firm look like? Fulbright has approximately 900 lawyers, while Pillsbury has a little under 700 lawyers. If the rumors are true, then we could be looking at a gigantic, global mega-firm — a veritable army of lawyers marching at roughly 1,600 strong.

But what stage are the firms’ merger discussions in? Is this a sure thing?

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* A man on trial for sex crimes at a Minnesota courthouse allegedly shot three people yesterday, including prosecutor Timothy Scannell. Guess it’s time to get a metal detector. [Duluth News Tribune]

* Instead of trying to force Citigroup’s hand on a tougher settlement, the SEC is appealing Judge Rakoff’s rejection of the original. Don’t want to make the SEC do more work now, judge. [Bloomberg]

* You’d think that by now, law schools facing scrutiny over employment data would be willing to turn over some information to Law School Transparency, but you’d be wrong. [National Law Journal]

* China’s King & Wood and Australia’s Mallesons Stephen Jaques are combining to form a happy family this March. If this were in Japan, they’d be the Godzilla of law firms. [Wall Street Journal]

* Obvious news alert: Foxy Knoxy was acquitted of murder because there wasn’t enough evidence to prove she was guilty of murder. Thanks for this brilliant observation, Judge Hellman. [CNN]

* The Toy & Action Figure Museum will be opening a lawyerly superhero exhibit. This generation of lawyers has no superheroes, because unemployment isn’t a super power. [ABA Journal]

Back in August, the law firms of Faegre & Benson and Baker & Daniels confirmed that they were engaged in merger talks. Today the firms announced that their partnerships have voted in favor of the combination.

The merger will take effect on January 1, 2012, and the new entity will be known as Faegre Baker Daniels. The website will be located at faegrebd.com (which right now is occupied by a GoDaddy.com placeholder page).

What will the new firm look like?

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Edwards Angell & Wildman Harrold: A match made in heaven?

What results from the coupling of an angel and a wild man? One might think: angel + wild man = air traffic nightmare.

In the law firm context, however, the result is quite different. Edwards Angell is merging with Wildman Harrold, to form Edwards Wildman Palmer. The merger will take effect on October 1 and “will bring together 650 lawyers across two legacy firms renowned for their deep experience, shared dedication to client service, and highly collaborative cultures,” according to the new firm’s website.

What else do we know about Edwards Wildman Palmer? And what might be motivating this merger?

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I have a friend who is looking for a job at a small law firm. (No, this is not one of those instances in which a person refers to herself as a “friend.” Do you see any quotation marks?) Not surprisingly, she is finding it difficult to land said job. As reported on Vault’s Law Blog, June was a particularly bad month when it came to legal unemployment.

My friend’s situation is not great. Of course, I did not say this to her. Indeed, like most conversations with my good friends, I say this behind her back instead. I am, after all, a good friend.

While things may not be looking so rosy for my friend as an aspiring small-firm lawyer, they are looking pretty sweet for some employed small-firm lawyers….

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Non-Sequiturs: 07.06.11

I'm pretty sure this was the only child to die under suspicious circumstances in the past three years.

* Caylee’s Law would make it a felony for anybody to grieve for their child in any way that doesn’t involve law enforcement within the hour. I trust the libertarian crowd is going to help me point out how this is dumb. [WSJ Law Blog]

* Big time antitrust lawyer Christine A. Varney is leaving the Justice Department and heading to Cravath (perhaps as a replacement of sorts for Katherine Forrest). So it looks like there was some money left over after spring bonuses for Cravath to make a new hire. Phew. [Dealbook]

* Eliot Spitzer (f.k.a. the steamroller) just got flattened by Erin Burnett. [Dealbreaker]

* Even judges in Flori-duh are allegedly bats**t crazy. [Obscure Store]

* In more reasonable news coming out of Florida, this reminds me of the “mock trial” club in high school. [Miami New Times]

* Courtesy of NALP, here’s more evidence that the class of 2010 is totally screwed. You know, I wish I could have the entire class over to my house for a big pity party. We could all hang out and play Rock Band, and at the end everybody could have a cup of my delicious homemade Kool-Aid. [NALP]

* Chicago law firm merger mania? I just hope nothing messes with the name “Wildman Harrold.” [ABA Journal]

Legal recruiters find work for lawyers — and sometimes they create work for them. We previously covered, for example, the litigation between mega-recruiter Major Lindsey & Africa and one of its former employees, Sharon Mahn.

Sometimes recruiters go after each other, and sometimes they go after law firms — firms that don’t pay them the placement fees to which they’re entitled. Recruiter Alan Miles, principal of Alan Miles and Associates, went after Bingham McCutchen — and won, big time.

How much did Miles win? And on what grounds?

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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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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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Developments are flying fast and furious out of Howrey. Yesterday we passed along reports that Howrey’s merger talks with Winston & Strawn were off. Today we’re hearing that they might be back on (or that they never stopped in the first place).

According to the U.K.-based Legal Week (via the ABA Journal), the talks are ongoing. The parties are represented by Thomas Fitzgerald, managing partner of Winston, and Sean Boland, vice chairman of Howrey. Winston is apparently attracted to antitrust at Howrey, an area where Winston wants to expand.

Corroboration of continued Winston / Howrey discussions from a U.S. source, plus some interesting internal emails from Howrey leadership, after the jump.

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(Plus two interesting internal emails.)

When we last wrote about goings-on at Howrey, the once-strong law firm that’s now experiencing troubled times, we mentioned the possibility of partner losses in the Chicago office. The firm pushed back on this, denying knowledge of any imminent defections in the Windy City.

It now seems, however, that additional partner departures may be on the horizon — in Chicago, and elsewhere too. As reported in Crain’s Chicago Business (via WSJ Law Blog), the Chi-town powerhouse of Winston & Strawn recently discussed a possible merger with Howrey — but then decided against that approach, opting instead to pick off specific groups and partners from Howrey.

The Howrey situation is starting to look a lot like what happened to Heller Ehrman. A well-respected firm with a widely admired culture encounters business difficulties. Key partners and groups (especially IP) start leaving for greener pastures or more stable platforms. A potential white knight emerges — Mayer Brown in Heller’s case, and Winston & Strawn in Howrey’s — but then decides to order a la carte from the menu of partners, practices and offices, instead of going for the chef’s tasting menu.

A distressed employee of the firm sets up a blog to serve as a clearinghouse for updates. Heller had Heller Highwater, and Howrey had Howrey Doin’.

But now it looks like Howrey Doin’ is… done. If you surf over to http://howreydoin.wordpress.com/, the blog’s former address, you learn that “[t]he authors have deleted this blog.”

What the heck happened? We have a statement from the author of the blog, as well as a response from the firm.

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Non-Sequiturs: 01.07.11

* Elie here: Remember yesterday when I said that it was a prick move by the cop to issue that ticket on the mother of that comatose 13-year-old girl, and then all those commenters said the cops had no choice because issuing the ticket was an important matter in terms of the civil liability of the driver? Yeah, well, I stand by my initial analysis that the cop was a jerkhat. [New York Personal Injury Law Blog]

* We were unimpressed by Holland & Knight giving iPads to its associates — and we’re not alone. [South Florida Lawyers]

* The merger talks between Reed Smith and Thompson & Knight are apparently off (assuming this isn’t another case of Kilpatrick Townsend & Stockton). [Am Law Daily]

* How can lawyers dress to impress in 2011? [Lawyerist]

* So let me get this straight, it’s not okay for me to drink Four Loko and drive, but it’s okay for my car to do it? What’s up with that? [Alt Transport]

* Were passports biased against gays? Well, now they won’t be. [Huffington Post]

* If you’ve been following along with the most important news of today — which is obviously that the study showing that a crying woman is a total buzzkill — here’s an important counterpoint. Crying might be nature’s way of saying: “Stop beating on your wife you freaking a**hole. [Newsweek]

Yesterday we reported on a change in management at Nixon Peabody. We understand that some people at Nixon hope that the shift at the top will be followed by a return to Nixon Peabody’s old law firm culture.

But maybe NP people will have to get ready to assimilate into an entirely different culture? A well-placed tipster reports that some Locke Lord partners were told that the firm is exploring a possible merger with Nixon Peabody.

Locke Lord denies the rumor, while Nixon Peabody won’t comment. But our sources have been right before, especially when it comes to potential mergers…

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Bridget Jones found herself a super-fit Brit, but Proskauer is still looking for a U.K. mate.

In 2011, lawyers at Proskauer Rose will enjoy snazzy, firm-provided iPads. But they won’t be able to look forward to an influx of British colleagues with super-posh accents.

As reported by Legal Week, Proskauer and SJ Berwin have called off their merger talks, after nine long months of discussions. The extensive snogging will not culminate in shagging.

This year has seen lots of action on the transatlantic merger front — e.g., Hogan Lovells, SNR Denton, and Squire Sanders Hammonds. But it looks like Proskauer Berwin — or Berwin Proskauer, or SJ Proskauer? — will not be coming to pass.

(Unless the firms pull a Kilpatrick Townsend & Stockton or a Newsweek Daily Beast, and merge with each other anyway after declaring their talks dead.)

So what led to the demise of the Proskauer / SJ Berwin merger talks?

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Peter Crossley of Hammonds and James Maiwurm of Squire Sanders

A hot trend for the law firm world in 2010: transatlantic mergers. This year we’ve seen the creation of Hogan Lovells, from Hogan & Hartson and Lovells, and SNR Denton, from Sonnenschein and Denton Wilde. Today we learn of a third U.S./U.K. law firm merger: the combination of Squire, Sanders & Dempsey and the British firm of Hammonds, to form a behemoth with 1,275 lawyers in 37 offices and 17 countries (according to the merged firm’s new website).

The merger was approved by both partnerships over the weekend and will take effect on January 1, 2011. The combined entity will be in the top 25 firms by number of lawyers, with gross revenue of $625 million (based on 2009 figures).

As you may recall, not everyone was a fan of this merger. The famously outspoken John Quinn of Quinn Emanuel, for example, characterized it as “[t]wo rocks that think if they hug each other tight enough they won’t sink.”

But enough of the Debbie Downer sentiments. Let’s look at all the positive aspects of this transaction, shall we?

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Remember back in May when we told you that Kilpatrick Stockton was in merger talks with Townsend and Townsend and Crew? But we had to say they “might” be in talks because nobody would go on the record confirming them? Then in July we told you that they definitely had been in talks, but the firms said: no, no, no, those talks have fallen apart?

Well, here we are in November and, surprise, Kilpatrick Stockton is merging with Townsend and Townsend and Crew.

The lesson: you can believe Above the Law or you can believe the double-speak nonsense coming out of the mouths of firm leaders…

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Ed. note: Law Shucks focuses on life in, and after, Biglaw, including by tracking layoffs, bonuses, and laterals. Above the Law is pleased to bring you this weekly column, which analyzes news at the world’s top law firms.

Despite this being the busy season for the hiring and (in the few firms that cling to the traditional calendar) onboarding processes, things have been relatively quiet lately. Actually, we almost forgot about deferred associates – some of the members of the "lost" Class of 2009 are finally starting to trickle back to BigLaw.

Bimodal distribution is still the bugaboo of the legal industry. In the BigLaw section of the curve (i.e., that big spike out to the right), the good news for incoming associates is that $160,000 is still the norm for the largest firms in the top markets, despite some drift back to the left over the past few years as firms dropped down to $145,000. Don’t expect to hear cries of "NY to 180k" for at least a little while yet, even though the official word is that the recession ended in June 2009 (which coincides closely with the end of the peak of law firm layoffs). Flat is still the new up, and most of 21 managing partners who did an impromptu straw poll are optimistic.

Those salaries have to be supported by income, though. And no place beats New York for billable rates.

Unless you count the entertainment industry. Then, $900/hour is a bargain compared to the traditional commission-based structure for literary agents.

After the jump, we focus exclusively on the firms this week. No client work – we’ve got rankings, mergers, laterals, and, of course, layoffs.

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It’s like picking up a whole baseball team just to get a shortstop.

– an anonymous partner at Akin Gump, commenting on the failed merger talks with Orrick.

Well, that was fast. Last week we learned of preliminary merger discussions taking place between Akin Gump and Orrick. But this morning, spokespersons for each firm released the following joint statement (which differed only in which firm’s name came first):

[The firms] have mutually agreed to conclude preliminary discussions regarding the possibility of a merger. The firms appreciated the opportunity to have the discussions, which confirmed their mutual respect for one another. However, the firms have determined not to proceed.

For an assessment of the pros and cons of an Akin / Orrick union, see here.

So what exactly happened here?

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Non-Sequiturs: 10.01.10

* Orrick and Akin aren’t the only two who are talking. The firms of Reed Smith and Thompson & Knight are also in merger discussions. [Am Law Daily]

* A “cite-checking battle” actually sounds… kinda fun. [Laws for Attorneys]

* There’s a motion for leave to amend the complaint in the Robert Wone civil case. [Who Murdered Robert Wone?]

* Why your job is making you depressed. Maybe because it sucks? [CNN]

* Women of Biglaw: think you have it bad? Your sisters on Wall Street may be even worse off. [The Careerist]

* Speaking of women in the legal profession, nominations are now being accepted for InsideCounsel’s Transformative Leadership Awards, which “honor women general counsel and law firm partners who have demonstrated a commitment to advancing the empowerment of women in corporate law.” [SuperConference]