First week, the subject was an infirm professor and second week, OCI. More or less chronological, so logically, you might expect summer associate stories next, but I’ll save those for some other post. A name came up at work today and I was reminded of some fun times, so this week the subject is partners, or a couple of them anyway…
Patton Boggs, the once heralded D.C. lobbying firm, has been in trouble for more than a year now. It all started in March 2013 when the firm conducted significant layoffs, and things continued to spiral out of control from there. Additional layoffs followed, flanked by fleeing partners and the closure of the firm’s Newark, New Jersey, office. Profits have plummeted, so much so that Patton Boggs hired the Dewey & LeBoeuf turnaround team of financial advisers Zolfo Cooper and bankruptcy attorney Al Togut. Things certainly aren’t looking very good for the firm, even though managing partner Edward Newberry claims it’s all lollipops and unicorns over there.
Admittedly, first Newberry was afraid, he was petrified. He thought Patton Boggs could never live without cash by its side. But then he spent so many nights thinking how his firm went wrong, and he grew strong. He learned how to get along. His firm will survive — “healthy and profitable” — the same way all floundering firms do: additional layoffs are making their way down the pipeline, and it’s partners’ heads that will roll.
How many partners will have to find new homes? Let’s find out…
- Biglaw, Contracts, Crime, Dewey & LeBoeuf, Facebook, Kids, Layoffs, Morning Docket, New Jersey, Partner Issues, Patton Boggs, Trials
* Dewey know who Zachary Warren is? Per this failed firm’s insiders, he seems to be a “man of mystery” who apparently worked in the “bowels of the bureaucracy” that ultimately led to D&L’s demise. [Am Law Daily]
* “You can cross-examine the witness. You can’t cross examine an email.” Defense of the Dewey defendants may be tough when it’s time for trial — and you can bet your ass there’ll be a trial. [New York Law Journal]
* Fear not, friends, because Patton Boggs has found a way to weather the storm. It’s the same way most barely buoyant firms stay afloat: more layoffs. Expect more on this news later today. [National Law Journal]
* Paul Ceglia, the man who claims he owns half of Facebook’s fortunes, can’t toss his criminal charges. Sometimes wheeling and dealing with allegedly faux contracts will land you in the clink. [Bloomberg]
* Because no father wants to see his daughter become “tabloid fodder”: Rachel Canning, the New Jersey schoolgirl who sued her parents, is being “savaged” by the public. Aww, poor little Millennial. [Daily Record]
Biglaw partners from international firms don’t like to lose cases — especially not to solo practitioners. Biglaw partners think they own the world, and to lose a case to a lowly solo practitioner would likely bring shame to their firm and force them to commit ritualistic seppuku-style suicide in an attempt to regain their lost honor. (No offense, solos, but we imagine Biglaw partners’ horses are quite high.)
Watch out, solos, because you’ll get absolutely no love from Ho-Love if something like this were to happen. You might get stepped on — literally — and even get slapped in the face with a briefcase…
Criminal charges are on the way for Steven Davis, Stephen DiCarmine, and Joel Sanders — the former chairman, executive director, and CFO, respectively, of defunct Dewey & LeBoeuf.
Almost two years have passed since the Biglaw firm’s bankruptcy filing, causing some observers to think that perhaps the Steves would never get charged. The argument, in a nutshell: they might have been poor managers or even downright moronic, but they didn’t commit any crimes.
Alas, sadly for Messrs. Davis, DiCarmine, and Sanders, it seems that Manhattan District Attorney Cyrus Vance doesn’t agree with that line of thinking. What types of charges can the trio look forward to?
(Please note the UPDATES added to this post, reflecting information from the indictment and the SEC complaint.)
- Election Law, Gay, Health Care / Medicine, Law School Deans, Law Schools, Legal Ethics, New Jersey, Non-Sequiturs, Partner Issues, Politics, Prisons, Racism, Sentencing Law, Sexism
* Upskirt photos not illegal in Massachusetts. The spirit of Kennedy lives on! [Mass Live]
* The investigation continues into whether Judge Mike Maggio, who might be the infamous Geauxjudge, suffers from a bad case of the Internet Crazies — but in the meantime, his campaign for the Court of Appeals took a hit. [Arkansas Times]
* Speaking of judicial ethics, Judge Kimberly Brown has been removed from the bench in Indiana. She’s only the third judge ever to be permanently removed from the job. [Indy Star]
* Which state just ruled that you have a reasonable expectation of privacy in texting… even if you’re texting about a heroin deal? [IT-Lex]
* Dewey love the judge’s name in the Barclays suit over the dead firm’s debts? Yes. Because “Popplewell” is an awesome name. [The Lawyer]
* The data are in, and the top college grads have passed an all-important math test: they figured out law school is a bad deal. [Associate's Mind]
* Yet another Florida law school dean has stepped down. This is what happens when you take a job in a state full of retired people. [Daily Business Review]
* Obamacare has been credited — and bashed — for a lot, but are we underselling its role in reducing prison populations? [Sentencing Law and Policy]
- Bankruptcy, Biglaw, Boutique Law Firms, Law Firm Mergers, Partner Issues, Patton Boggs, Religion, Small Law Firms
Maybe the floundering firm of Patton Boggs can actually right itself. It doesn’t have the Biglaw mark of Cain, namely, a name that lends itself to bad puns — e.g., Dewey and “do we,” Howrey and “how are we,” and Thelen (rhymes with “feelin’”). In hindsight, Patton Boggs did the right thing when it dropped George Blow’s name from the marquee and went from “Patton Boggs & Blow” — a name we would have had a field day with — to simply “Patton Boggs.”
Luckily, for the time being we can use some “Dewey” puns. Because Patton Boggs, for whatever reason, is using all of Dewey & LeBoeuf’s old advisers….
We’ve all been so transfixed by the Patton Boggs meltdown that we’ve temporarily lost track of some other law firms that are facing challenges right now. The most prestigious name on the list: Weil Gotshal & Manges.
After last summer’s layoffs and partner pay cuts, WGM experienced a rash of partner defections. Some of these were true losses for the firm, but others were chalked up to Weil’s strategy of becoming leaner, more capital-markets-centric, and ultimately more profitable.
Has this revamping of the firm manifested itself in the form of higher partner profits? Not yet. In fact, in 2013, revenues and profits at Weil fell….
- Biglaw, General Counsel, In-House Counsel, Law Firm Mergers, Partner Issues, Patton Boggs, S.D.N.Y., Trials
For those of you who haven’t tuned out
Jarndyce v. Jarndyce Chevron Corp. v. Donziger, the never-ending litigation between oil giant Chevron and plaintiffs’ lawyer Steven Donziger, today brings some news. It shouldn’t come as any surprise to those who have been following the case, but Judge Lewis Kaplan (S.D.N.Y.) just ruled in favor of Chevron, enjoining Donziger and his Ecuadorean-villager clients from trying to enforce here in the United States the multi-billion-dollar pollution judgment they secured against Chevron in Ecuador — a judgment that was the result of fraud, according to Judge Kaplan. (Links to coverage and to the parties’ reactions to the ruling appear at the end of this post.)
The Chevron/Ecuador case is one of those matters that’s most interesting to those who are actually involved in it; to the rest of us, it’s a lot of noise. Speaking for myself, I’m interested in only two aspects of it: (1) its impact on the revenue and profit of Gibson Dunn, which has been litigating the case aggressively on behalf of Chevron, and (2) its meaning for the deeply troubled law firm of Patton Boggs, which made the ill-advised decision to align itself with the Ecuadorean village people.
In a media call this afternoon that I joined, Chevron’s general counsel, R. Hewitt Pate, declined to discuss the size of the company’s legal fees in the litigation. So we’ll have to focus on that second item: the bog that is Patton Boggs. Which right now looks like the Lago Agrio oil field, prior to remediation….
‘Young Men Are Easily Deceived, For They Are Quick To Hope’: The Slow Process Of Developing BusinessBy Mark Herrmann
I took the title of this column from Aristotle: “Young men are easily deceived, for they are quick to hope.”
But I’m really thinking about business development and, as I often do in my navel-gazing columns, simply using myself as a case study.
I graduated from law school in 1983 and published my first article (in California Lawyer) in 1986. (I’d provide a link to the article, but I’m afraid the internet didn’t exist way back when. The article was a thriller, though; trust me: “Reviewing the Unreviewable: Obtaining Appellate Review of Federal Trial Court Remand Orders.”)
Because I was a young man, I was quick to hope: I’d published an article! My phone would naturally start ringing off the hook within the next few weeks! I’d be deploying my novel thesis in cases left and right, and the partners at my firm would be dumbstruck by my ability to develop business! Life of Riley, here I come!
Because I was quick to hope, I was easily deceived: Publishing one short article — even an article with a pretty decent thesis in a journal with a fairly large circulation — does not generate new business.
So I expanded my analysis and published the long-form of my article in the Arizona State Law Journal in 1987.
Because I was still a young man, I was still quick to hope. . . .