In 2008, a paralegal at Weil Gotshal alleged in a lawsuit that Matthew Powers, co-chair of litigation at Weil at the time, ruled over his domain with the “pimp hand” and the “mojo hand.” The “pimp hand” was used to intimidate and coerce, while the “mojo hand” was used to stroke and cajole.
In 2011, Powers, one of the nation’s leading intellectual-property litigators, left Weil to start his own firm, Tensegrity Law Group. In leaving Biglaw, he also left behind a stable of blue-chip clients, focusing instead on representing plaintiffs on a contingency basis.
Two years into his new venture, some observers are wondering whether Matt Powers has lost his powers….
As we mentioned earlier, prominent litigator David Bernick is leaving Boies Schiller for Dechert. Bernick joined Boies Schiller just a year ago, to much fanfare, so some were surprised to see him go so quickly.
But others were not shocked. As the always insightful Alison Frankel observed on Twitter, “Is anyone who knows David Bernick surprised he was mismatch at firm dominated by David Boies?”
Perhaps not. Some of our readers predicted this union wouldn’t last long….
I thought about titling this column “Litigation Aphorisms,” but who the heck would have read it?
So I went instead with the first of three critical things you should know about litigation, all of which I learned from Neil Falconer when I practiced at the 20-lawyer firm of Steinhart & Falconer in San Francisco back in the 1980s. (I also dedicated The Curmudgeon’s Guide to Neil. He wasn’t a “mentor”; he just accidentally taught young lawyers by osmosis what it meant to be a lawyer.)
Neil’s first aphorism was this: “Never tell a small child not to stick peanuts up his nose.”
Why does that matter?
Or maybe I should start with a more basic question: What the heck does that mean?
Why do you send your emails about our big litigation victories to everyone in the C-Suite, Finance, the Business Leaders, and the rest of the world, with a copy to me, but you send your emails about our big litigation defeats to me alone?
Why do law firm promotional materials always describe recent cases at excruciating length and never briefly offer practical solutions? I might actually read something titled, for example, “Three Policies That You Must Revise Now That The Defense Of Marriage Act Has Been Held Unconstitutional.” (If I received that email, I must have overlooked it.)
Why does your email ask if I’m free at a certain date and time for a meeting without telling me “free for what”? Even if I’m otherwise booked or theoretically on vacation, I’m completely free for the CEO and the Board of Directors. On the other hand, I’m never free for the guy from IT who wants to drone on endlessly about user specifications for the new BPOS platform.
At more senior levels, however, Davis Polk is evolving. Under managing partner Tom Reid, the firm is increasingly focused on the bottom line. It’s adding lateral partner talent, which it historically hasn’t done very often, and it’s asking more from its existing partners in terms of business development (and subjecting some less productive partners to, shall we say, heightened scrutiny). It’s offering buyouts — rather generous ones, it should be noted — to reduce the ranks of support staff (and the associated expenses).
The old Davis Polk, prioritizing prettiness and peacefulness over profits, might have quickly and quietly settled a lawsuit with a recruiter, without regard to the legal merits, just to avoid the ugliness. The new Davis Polk, in contrast, won’t go down without a fight….
On the “Our Professionals” section of its website, Finnegan Henderson boasts that it has “375 lawyers focused on IP.” It may be time to revise that downward: “371 lawyers focused on IP.”
Last night, the high-powered, intellectual-property-focused firm announced four notable partner departures. The Finnegan partners in question practice in the generally hot area of IP litigation (although we’ve heard anecdotal reports of cooling, including stealth layoffs of IP litigators — see here and here).
Who are the departing Finnegan partners, and where are they going?
What’s the difference between an ATL commenter and an ATL correspondent?
A commenter writes, “Screw you, Herrmann, and the horse you rode in on. And your wife, and your kids. And your grandma. And your cat.”
A correspondent writes a long, thoughtful email, like the one I received from a reader in Rochester, New York, who read my column, “On Tweedledee And Tweedledum, Esq.,” and accused me overvaluing good writing:
“In litigation, while writing is important, it is not paramount. Just as, or more, important are analyzing law and facts and knowing what claims or defenses to assert. Then developing a strategy for discovery – knowing what documents to ask for, where to search, what questions to ask at deposition – none of which requires much writing at all and certainly not great writing skill. Developing the facts – and developing them in a way to help and not harm your case – is often much more important than writing a great brief. Knowing what issues to dispute in discovery and which to cede is important. Negotiating skills are important. Legal research skills are significant. Then, if a case goes to trial, entirely different skills are needed. Using an example from your column, because a lawyer writes an excellent brief does not mean they know how to properly prepare a witness or question a witness. . . . Someone can write with great style and flair but use bad analysis, miss significant facts or fail to find an important case.”
I have two reactions: First, thanks for writing. And, second, maybe yes and maybe no . . .
Ed. note: This is the latest installment in a new series of posts on lateral partner moves from Lateral Link’s team of expert contributors. Today’s post is written by Michael Allen, the Managing Principal of Lateral Link, who focuses exclusively on partner placements with Am Law 200 clients.
Patton Boggs, the preeminent Washington-based lobbying law firm, is reeling from a slew of recent events, hinging upon their multi-million dollar litigation with Chevron. In 2010, the firm released a memo entitled “Invictus,” proudly proclaiming their new endeavor: the representation of Ecuador in a long-contested battle over Texaco’s culpability in creating nearly one thousand pits of oil in the jungles of Ecuador — a liability Chevron inherited when it purchased Texaco in 2000 for $36 billion.
But Patton Boggs’s plan to quickly enforce a settlement soon became more challenging than anticipated. Playing hardball, Chevron has continuously called Patton Boggs’s bluffs…
Last week, I was having a business lunch at Michael Chiarello’s Coqueta overlooking the San Francisco Bay. (Those who know me won’t be surprised that I managed to combine a business meeting with some good eats. I’ll save my restaurant review for another time, or you can read it on OpenTable.)
Anyway, my lunch was with a partner at Leason Ellis, a thriving IP boutique in New York. The firm is a boutique in that the lawyers are specialists in intellectual property; as far as I know, that is their only practice area. But within that subject matter, they have both a litigation and transactional practice. Conversely, with limited exceptions, my own firm has remained a litigation-only boutique since it was founded four years ago. We handle a wide range of subject matters, but only do litigation within those subjects.
What are the pros and cons of running a litigation-only shop? Why haven’t we added a robust transactional practice as well?
What should unemployed law school graduates do when they can’t find work and can’t feed themselves? A certain great French princess — although not Marie Antoinette, FYI — might say, “Let them eat cake.”
But not everyone can afford cake. Debt-burdened young (and not-so-young) lawyers don’t want to spend dough; they want to make it.
Perhaps literally as well as figuratively. Do you have some talent in the kitchen? Here’s an inspiring story for you….
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.
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.