Musical Chairs

This week has been fairly quiet in terms of news about the troubled Howrey law firm. A post over at the Howrey Doody Time blog — with a brilliant punny title (wish I had thought of it myself) — describes the current state of affairs as “a painful holding pattern.”

Well, this morning we do have some Howrey news to report. Above the Law has learned that IP partner Mark Whitaker is leaving the D.C. office of Howrey, his professional home for the past decade or so, to join Baker Botts.

“He’s going to Baker Botts to be the 337 guy,” said a source, referring to Section 337 (19 U.S.C. § 1337), which governs fast-track intellectual property litigation before the International Trade Commission (ITC). “He has a very nice stable of clients he has developed independent of Howrey.”

Mark Whitaker

The hiring of Mark Whitaker — described to us as a “great, great guy,” as well as a former Navy officer (like fellow Howrey partner Richard Beckler) — is a nice coup for Baker Botts, since § 337 expertise is an in-demand area. And luckily for Whitaker, the move won’t mess with his commute: both Howrey and Baker are in the Warner Building, at 1299 Pennsylvania Avenue.

We understand that Whitaker was part of the group of Howrey partners invited to join Winston & Strawn, but he had other plans underway when the Winston talks were announced. His departure from Howrey comes just a few days after WilmerHale’s announcement that it was picking up another noted Howrey IP litigator, Robert Galvin (in Palo Alto).

So that’s the latest Howrey partner news. What’s going on with associates and staff?

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'Judge Tacha, I have a feeling we're not in Kansas anymore.'

Here’s a new mini-trend: federal judges leaving the bench to lead law schools.

In 2007, David F. Levi stepped down as chief judge of the Eastern District of California, to assume the deanship of Duke Law School.

Today, Pepperdine University School of Law announced that Judge Deanell Reece Tacha — who has served on the Tenth Circuit for over 25 years, including a term as chief judge (2001-2007) — will be the school’s new dean, effective June 1.

Judge Tacha follows in the footsteps of another federal judge: former D.C. Circuit Judge Ken Starr, of Whitewater / Monica Lewinsky fame. Judge Starr served as Pepperdine Law’s dean until he left last year for the presidency of Baylor University.

How are students reacting to news of Judge Tacha’s appointment?

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I like it when the artifice drops and Biglaw is shown to be dominated by greed. I don’t necessarily use the word “greed” pejoratively. I like money, you like money, and if somebody offered you more money to do what you are doing already, you’d take it.

I just like it when people can admit that the only thing they care about is money. It just makes things more efficient. What do you want? More money! When do you want it? Now!

Associates get a lot of flack for being unabashedly greedy, but an excellent report in today’s Wall Street Journal illustrates that Biglaw partners are just as obsessed with money has anybody else.

And the only problem is that the partners losing out on the money grab are kind of pissed….

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The economy seems to be on the mend. Corporate profits are strong, and the Dow is north of 12,000. In the legal world, layoffs are down, bonuses are up, and hiring is way up.

But governments — federal, state, and local — are staggering under mountains of debt. State and local governments have borrowed $2.4 trillion as of mid-2010, and they’ve promised another $3 trillion in retirement benefits.

There is tons of talk out there about a possible wave of municipal bankruptcies. And even if the talk might be overblown, the possibility of default by multiple local governments or even state governments — which might someday get the ability to declare bankruptcy — can’t be ruled out.

If municipal bankruptcies start popping up all over the place, Dewey & LeBoeuf will be ready. The firm just picked up a leading expert in the area….

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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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We’re hearing rumors about a few additional departures from Howrey….

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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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Non-Sequiturs: 02.02.11

* I’m doing Non-Sequiturs today, since Elie is too busy marching on City Hall. [Reuters]

* A round-up of lawyer moves inside the Beltway — including another defection from Howrey (patent litigatrix Jennifer Dzwonczyk, to Venable). [Capital Comment / Washingtonian]

* Speaking of Howrey, Professor Larry Ribstein, a partnership law guru, has some questions about the handling of Howrey liabilities. [Truth on the Market]

* Apparently Cardozo Law ladies need sex as well as walking instructions. [Cardozo Jurist]

* RICO suave: Chevon turns the tables on those Ecuadorian environmental plaintiffs. [WSJ Law Blog]

* Congratulations to Orrick’s eight new partners. [Orrick]

* Larry Bodine offers some marketing advice to United Airlines — after a rather unpleasant interaction at LaGuardia Airport. [Larry Bodine's Law Marketing Blog]

* This week in A Round Tuit: the latest Obamacare ruling, the Egyptian uprising, and the shortcomings of the British legal media. [Infamy or Praise]

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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Sometimes lawyers at Cadwalader are the victims of theft. And sometimes they’re the ones doing the stealing.

Here’s the promised follow-up to yesterday’s post about Cadwalader’s successful raid on the energy law practice of McDermott Will & Emery. It’s big news in Biglaw. As of now, nine partners are moving — Paul Pantano, Karen Dewis, Greg Lawrence, Greg Mocek, Tony Mansfield, Ken Irvin, Rob Stephens, Daryl Rice and Doron Ezickson — but if they’re followed by associates, a few dozen lawyers could be involved.

In an email sent out on Wednesday by MWE leaders Jeff Stone and Peter Sacripanti, reprinted in full after the jump, McDermott tried to minimize the losses. Stone and Sacripanti pointed out that “[t]his group of partners focused mainly on one aspect of our overall energy practice, which was commodities and derivatives trading for financial clients,” and that “the departing partners’ total collections in 2010 amounted to about three percent of overall firm revenue.”

Still, three percent of total MWE revenue is nothing to scoff at. In 2009, McDermott had total revenue of $829 million, according to the American Lawyer. Assuming that 2010 revenue is similar (the Am Law numbers aren’t out yet), three percent amounts to $24.87 million. Dividing that out over nine partners yields revenue per partner of about $2.8 million — not a bad book of business.

Let’s check out some reader views on this news….

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When asked for some 2011 predictions by the folks over at Hellerman Baretz, I had this to say (among other commentary): “Although business is generally picking up, some firms still haven’t managed to shake off the effects of the recession — and they are now seeing significant defections, as their partners leave for firms that have weathered the storm better. So, in the next year, look for at least one large — i.e., Am Law 200 — law firm to either dissolve or be swallowed up by another firm as an alternative to dissolution.”

One firm that has been experiencing some major partner departures and general upheaval is Howrey. This post is the first of what we expect to be a series of stories about the firm. If you have information about Howrey that you can share, please email us or text us.

It’s getting hard to keep track of all the partner defections at Howrey. But let’s give it a shot, as well as talk about various Howrey offices that might not be long for this world….

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Non-Sequiturs: 01.04.11

* Musical chairs: Donald M. Remy leaves Latham to become the new general counsel for the NCAA. No offense, but I hope he’s terrible at his job. The NCAA needs to be sued by all comers until they stop profiteering off the sweat of poor young athletes so that old, rich university presidents can make even more money. [The Chronicle of Higher Education]

* Anything you Google can and will be used against you. [Forbes]

* Did sanitation workers really make the blizzard worse by protesting proposed wage cuts through a “slowdown”? Somewhere there’s a union official freezing his ass off and smiling. [NY1]

* Some people say law school is a waste of time, some people say getting a Ph.D is a waste of time — is anyone starting to feel like “education” is a waste of time? Snooki is rich, famous, and has a book coming out; Sarah Palin might become president. Maybe stupid and uninformed is a perfectly acceptable way to go through life? [Economist]

* Here’s something interesting. Harvard Law School is doing some research on legal mentoring (or lack thereof). They need people (including non-HLS people, of course) to take their survey. [Harvard Law School]

* I wish Princeton had a law school. I bet it would be loads of fun to cover, since their college alums are already so good at getting embroiled in sex-contest scandals. [Jezebel]