Today at 5 p.m. is the deadline for former partners of the bankrupt Dewey & LeBoeuf law firm to sign up for the “Partner Contribution Plan.” Under the terms of the Plan, which in its latest iteration seeks $90.4 million in “clawbacks” from ex-partners, participating partners would contribute specified amounts to the Dewey bankruptcy estate in exchange for releases from future liability (to the Dewey estate, to other participating partners, and to Dewey lenders, thanks to recent revisions to the PCP).
When talk of the Plan first surfaced, I opined that “[s]uch a deal sounds reasonable in principle.” I later observed that even if the PCP might not be perfect, “[i]f you’re a productive partner, happily ensconced at a new and stable firm, and just want to forget the D&L debacle and return to serving your clients, this deal may Dewey the trick.”
But now, after numerous revisions to the Plan, seemingly endless extensions of the deadline to join, and a still-insufficient amount of participation, I’m beginning to think that maybe it just won’t fly — and Dewey should just be allowed to die, i.e., slip into a straight-up liquidation. Perhaps Dewey’s bankruptcy advisers should stop trying to flog a product that nobody seems interested in buying.
UPDATE (4:35 PM): It looks like the Dewey estate’s perseverance has paid off. The $50 million participation threshold has been reached.
Here’s one good thing about the Partner Contribution Plan: thanks to the PCP, we now have detailed information about how much each of Dewey’s partners received from the firm in 2011 and 2012. And yes, we’re willing to share the data for the top earners with you, in spreadsheet form.
Some people are big believers in the virtues of black-box compensation. But here at Above the Law, we’re all about transparency….
Former Dewey and current Winston partner Adam Kaiser, in my opinion, needs lessons in public relations. I don’t even need to review with you who I am talking about. If you’re reading this on ATL, you already know Adam Kaiser. You also know what he is alleged to have done, and how he responded to a single comment posted on this site.
You and I know all of this information because of Adam Kaiser’s ill-timed attempts to quash the use of his name by an anonymous commenter. His poorly conceived, heat-of-the-moment demands that his name be removed from the site ultimately resulted in the reverse effect; everyone knows his name, and what he is alleged to have done. And his name, while removed from the single comment, has now been repeated over and over and over. Adam Kaiser.
The saying goes that any publicity is good publicity. I argue that unwanted publicity that could damage a career or a firm’s reputation is far from “good.” Even if Adam Kaiser thought he was doing the right thing by sticking up for himself against an anonymous comment, he effectively screwed the pooch.
Why did Dewey agree to pay an associate from the class of 2006 more than $400K in severance? According to the Times, Saffitz received this severance agreement after she “complained over how she was treated by a former Dewey partner and told the firm’s management.” According to the Journal, she filed “a complaint regarding sexual discrimination by a Dewey partner who is no longer with the firm.”
Inquiring minds want to know: Who was the partner in question? And what did he allegedly say or do to Emily Saffitz?
Finding out such details is difficult. Settlements in cases of alleged sex discrimination or sexual harassment often contain non-disclosure or non-disparagement provisions that prevent the parties from speaking about what took place.
So we didn’t expect we would ever find out which former Dewey partner triggered complaints from Emily Saffitz. Until, well, he emailed us….
Partner departures from the fast-sinking Dewey & LeBoeuf have reached a point where it’s difficult to track them in real time. We’ll focus our coverage on the biggest defections. There are multiple other resources for monitoring all the moves, the latest being the Wall Street Journal’s interactive graphic. (Similar trackers are available from Am Law Daily and Thomson Reuters.)
Last week, an internal memo gave Dewey partners the green light to consider “alternative opportunities” with other law firms. Many partners have availed themselves of that permission, with dozens of partners leaving the firm since the memo’s issuance. According to Thomson Reuters, about 150 of Dewey’s 300 partners have resigned since the start of 2012.
And now one of Dewey’s leaders — the chair of the firm’s Global Litigation Department, and a member of the multi-partner Office of the Chairman — is departing. Where is he going?
As usual, various UPDATES — including news of another departure by a department head and Chairman’s Office member, and additional details of litigators on the move — after the jump.
What must it be like right now to be working at Dewey & LeBoeuf? One imagines a lot of whispered conversations, furrowed brows, and closed office doors. It’s a difficult and stressful time at D&L. To our friends at Dewey, keep your chins up (but, at the same time, do what you need to do to protect yourself and your career).
The anxiety at Dewey is increased by the firm’s cash crunch. Lawyers and staff at the firm are having a harder time doing their jobs because certain resources aren’t available to them.
Even in the digital age, with so many documents transmitted electronically rather than physically, FedEx is still a mainstay at major law firms — but not at Dewey. “We are restricted from using the account and now have to rely on UPS or express mail for overnights,” a source at Dewey told us. “Even if a package is labeled to go out via FedEx, when it goes down to mailroom it is relabeled for one of our new shipping methods. Do you know any other company that can stay afloat without FedEx?”
Will Dewey be staying afloat? Let’s hear the latest about other services that D&L lawyers and staff can’t use, some possible partner departures, and the firm’s ambitious plan for saving itself — via bankruptcy….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.