Law Firm Mergers

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]

Yesterday we discussed the merger talks that are currently taking place between Akin Gump and Orrick. We solicited your views on a possible combination, and we received some interesting feedback (in the comments and by other means).

Let’s start with the happy stuff. Here are some positive takes on an Orrick / Akin merger, from the comments (yes, positivity in the comments — it happens):

  • “I have been at both firms and I believe it would be a good fit both geographically and practice-wise. Orrick is almost all about finance, and finance is one key area that Akin lacks real depth.” [FN1]

  • “#1 Vacuum company in America + #1 brand of cocktail shrimp = unstoppable legal force.”

But it’s not all vacuums and cocktail shrimp, sunshine and puppies. Insiders with knowledge of both firms also identified downsides to a possible Orrick / Akin merger….

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Last week we started to hear rumors of a possible merger between Akin Gump and Orrick. One tipster offered this unenthusiastic take: “Suddenly, the firm that is known for professionalism and California-style collegiality courts the firm whose softball team is named ‘The Cheatahs?’”

Meow! Well, it appears that the rumors are true. Spokespersons for each firm just confirmed to Am Law Daily and the WSJ Law Blog that Orrick and Akin are in “preliminary,” “exploratory” discussions about a merger.

What would a combined firm look like?

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Since we last checked in on him on Twitter, John Quinn — founding partner of litigation powerhouse Quinn Emanuel, and one of the nation’s ‘s top business litigators — has gained about 200 followers. And if he keeps tweeting in such insightful, funny, and brutally candid fashion, his following — right now he’s at 665 followers — will only grow.

Check out his latest tweet, which is a bit… impolitic….

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Back in May, we reported on merger rumors involving Kilpatrick Stockton and Townsend and Townsend and Crew. As it turns out, the firms were in talks — but now those talks have fallen apart.

As the two firms told the Daily Journal, the talks were called off because of a familiar reason: potential client conflicts. According to a statement issued by Kilpatrick’s co-managing partner, William Dorris, “We explored merger discussions with our friends at Townsend, but clients always come first. When client-related conflicts could not be resolved, we could not proceed further.”

What made the merger alluring initially?

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Earlier this month, we mentioned the possibility of a merger between Mayer Brown and the U.K.-headquartered firm of Simmons & Simmons. Today we learn that the merger won’t be happening. Legal Week reports:

Simmons & Simmons and Mayer Brown have called off merger talks, the two firms have confirmed in a joint press statement sent today (29 June). The statement confirmed that the two firms have held preliminary talks about a potential merger but have jointly decided not to go through with a combination.

So what are the reasons behind termination of the talks?

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First Hogan & Hartson merged with Lovells. Then Sonnenschein merged with Denton Wilde. Now comes news that Mayer Brown is looking for a transatlantic partner — again. (Mayer previously merged with London-based Rowe & Maw.)

The Lawyer reports:

Mayer Brown and Simmons & Simmons have resumed merger talks, with both firms’ management set to brief their respective partnerships next week on the merits of a potential union.

Will this go merger go through? You know what they say: one is an accident, two is a trend, three is a problem…

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