Albert Togut: man with a plan (of reorganization).
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.”
(Yes, Patton Boggs has some pun potential. But there are only so many “bogs down” and swamp-related plays on words to be had. Yes, even for us.)
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….
For those of you who haven’t tuned out Jarndyce v. JarndyceChevron 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….
We’ve seen this story before. A firm experiences a dip in profitability, then starts losing key partners (or reverse the order if you like; falling profits and defecting partners go hand in hand). Worried about its survival, the firm starts seeking out a white knight, in the form of a merger partner. And then….
Well, that depends. Sometimes a merger partner is found and the combined firms live happily ever after. Sometimes a merger partner is found and the combined firms suffer together, with the weaker firm effectively giving the stronger firm the “cooties.” And sometimes no merger partner is found at all; the troubled firm goes down, and rival firms swoop in like vultures to pick off the top practices and rainmakers. We can all think of examples of each scenario.
* Hot on the heels of the SCOTUS stay, Utah has ordered its state agencies not to recognize any of the same-sex marriages that took place. Eww, Utah, you are being disgusting right now. [NBC News]
* The eminently quotable Chancellor Leo Strine of the Delaware Court of Chancery has been nominated to serve as chief justice of the state’s highest court. Best of luck with your confirmation! [Chicago Tribune]
* Law firm mergers rose by almost 50 percent after 88 firms joined forces throughout 2013 (a new record, according to Altman Weil). Let’s see if this year’s pace is as frenzied as last year’s. [Am Law Daily]
* The legal profession isn’t very good at diversity, especially in Texas. Here’s a not-so fun fact: just six percent of all equity partners at the largest law firms in Dallas are minorities. [Dallas Business Journal]
* “[I]t was the first time he had ever heard of someone being killed by a pair of underwear.” A man in Oklahoma was tragically killed after becoming the first-ever recipient of a fatal atomic wedgie. [News OK]
* A Supreme Court whose members are still afraid of using email will most likely have the final say on the NSA case, one of the biggest technology and privacy rulings in ages. Well, that’s comforting. [Talking Points Memo]
* Pittsburgh firm Buchanan Ingersoll & Rooney is reportedly in merger talks with Tampa firm Fowler White Boggs. Boy, a merger between two firms from lackluster cities sure sounds promising. [Daily Business Review]
* Law professors are completely outraged by the ABA’s proposal to cut tenure from its law school accreditation requirements. Quick, somebody write a law review article no one will read about it! [National Law Journal]
This is my first column of 2014, so I’m due to join the ranks of those who make predictions for the coming year.
But my predictions will be slightly different from others, because mine will be based on fact.
In the last months of 2013, I heard that two different law firms had reduced partners’ draws to offset the firms’ poor financial performance. At least one of the firms reduced draws retroactively — announcing near the end of the year that partners’ salaries would be reduced as of January 1, 2013 (which slices partners’ incomes dramatically in the last few months of the year). Both firms shared the pain among all partners — folks suffered in the equity and non-equity ranks alike. (This is a particularly nasty trick to play on income partners: “Here’s your partnership deal: If the firm does better than expected, you’re a mere income partner; of course you will not share the wealth. On the other hand, if the firm performs worse than expected, we’ll permit you to share the pain, and we’ll cut your pay. Here’s the partnership agreement! Sign right here on the dotted line!”)
I’ve now been in-house for four years, and my ear has lifted pretty far from the law-firm ground: If I heard about two law firms suffering from such terribly bad years that they were forced to reduce their budgets as year-end approached, then I’m guessing that many more than two firms suffered this fate. This means that, for many firms, 2013 was not a good year, which leads me to my predictions for 2014 . . . .
As reported in Morning Docket, the year is quickly drawing to a close, and two large law firms may be getting ready to celebrate their future together in 2014. Sources say that Blank Rome and Nixon Peabody have the urge to merge, and they’ve supposedly been in talks for two months or more.
The last three proposed Biglaw mergers we reported on — McKenna/Dentons, Pillsbury/Orrick, Patton Boggs/Locke Lord — fell apart, but if the Blank Rome/Nixon Peabody combination comes to fruition, their union would create one of the top 50 largest firms in the U.S. (number 33, to be exact).
Will they or won’t they? Let’s discus the details…
* Exciting news: Justice Sonia Sotomayor will be leading the countdown on the New Year’s Eve ball drop in Times Square. She’ll be the first SCOTUS justice to perform the task. You go girl! [New York Times]
* Blank Rome and Nixon Peabody are reportedly in merger talks, but one firm’s managing partner says he “talk[s] to firms all the time,” it’s no big deal. No word on what guys from his high school do. [Reuters]
* Sorry, Quinn Emanuel, but this limited discovery thing is going to happen. Judge Ronnie Abrams recently slapped down the firm’s attempt to appeal her MTD denial in this contract attorney’s suit. [Am Law Daily]
* A state court judge from Texas stands accused of strangling his girlfriend over the balcony of his apartment and threatening to “f**king kill [her].” Romance in Texas has certainly got some of that je ne sais quoi. [Dallas Morning News]
* A legal soap opera? An ex-prosecutor whose relationship with a judge landed her lover in hot water was found dead in her home hours after a judicial misconduct ruling came down. R.I.P. [Reno Gazette-Journal]
* Take a look back at the legal profession’s year that was: from the highest of highs in gay marriages to the lowest of lows in law school enrollment, 2013 was a year for the record books. [National Law Journal]
* Kansas Law School has been fined and censured by the ABA for recruiting violations surrounding Andrew Wiggins. Wait, no, I got that wrong. KU Law started an LL.M. program without asking, which I’m sure they did only because Wiggins is from Canada. [Topeka Capital-Journal]
* The proposed merger between Patton Boggs and Locke Lord has been called off. Fingers crossed that Bendini Lambert is the next target for Locke Lord. [Am Law Daily]
* Mayor Bloomberg swears at his last set of judges. I mean swears “in.” Man, who gets up this early? [NYC.gov]
* President Obama commutes the sentences of eight inmates convicted of crack-cocaine offenses. [New York Times]
* Did EA know Battlefield 4 would kind of suck before they released it? [Techspot]
* So evidently R. Kelly isn’t “trapped” in the closet, so much as he’s hiding there waiting for your daughter to come home. [The Root]
* Here’s your homework for today: everybody has to go find a dispirited Duck Dynasty fan and patiently explain to him or her the difference between a government infringement on free speech and a network momentarily suspending a bigot. You’re not allowed to punch the fans, you can only use words, and if necessary, hand gestures. [Huffington Post]
* An inside look at the jury deliberations in the recent insider trading trial of Michael Steinberg of SAC Capital. [New York Times]
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: firstname.lastname@example.org.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at email@example.com or firstname.lastname@example.org. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
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