He was clearly the salesman-in-chief, and he did a darn good job at it. I remember being told that despite the fact that the economy was essentially collapsing around everyone’s heads, 2008 was going to come in well over budget with record revenues and profits.
– Andrew Ness, former managing partner of the D.C. office of Thelen LLP, commenting to Washingtonian magazine about former Howrey chairman Robert Ruyak, the poetry-writing power lawyer who lured Ness and his Thelen colleagues over to Howrey.
(Ness is now a Jones Day partner.)
(Additional excerpts from and discussion of Marisa Kashino’s interesting article, A Tale of Two Law Firms: Hogan & Hartson and Howrey, after the jump.)
Continue reading “Quote of the Day: Lawyer, Poet, Salesman”
Yesterday we reported on talks last week between Jones Day and key partners in the construction group of Howrey. It appears that the talks have borne fruit.
As reported yesterday by the Daily Journal (subscription), a group of seven Howrey partners — led by prominent construction lawyer Steve O’Neal, former chairman of the now-defunct Thelen law firm — left Howrey this week for Jones Day. The move was confirmed yesterday by Robert Mittelstaedt, the partner in charge of Jones Day’s San Francisco office.
Who are the departing construction-law partners? And which other partners might be leaving Howrey’s California offices?
Continue reading “Howrey Met Your Mother (Then Lost Her to Another Firm)”
After all, there are fewer partners for Howrey to lose with each passing day, as the Howrey lawyer diaspora continues to grow. Let’s review the recent activity — and discuss some possible future defections.
On Friday we reported that IP litigator Mark Whitaker would be joining Baker Botts. That news has now been publicly announced.
Back on February 4, we mentioned that government contracts lawyer Barbara Werther was leaving Howrey, most likely for Ober|Kaler. She’s now on the Ober|Kaler website (although the firm apparently didn’t issue a press release touting her arrival, as it did for two first-year associates).
UPDATE: Just this morning, Ober|Kaler issued a press release on Werther and insurance coverage litigator Stephen Palley (who also joined from Howrey).
UPDATE (4/5/11): All in all, five Howrey construction lawyers joined Ober|Kaler.
Other outlets have noted additional partner departures. K.T. “Sunny” Cherian, described by The Recorder as a “top IP litigation rainmaker” with a book of business worth more than $10 million, joined the San Francisco office of Hogan Lovells this past weekend. Four other partners will join him in soaking up the Ho-Love: John Hamann, Sarah Jalali, Constance Ramos, and Scott Wales (who had been the hiring partner for Howrey’s S.F. office).
Also in S.F., Pillsbury Winthrop picked up IP partner Duane Mathiowetz. The news was reported by the Daily Journal (subscription), which noted that Mathiowetz, who worked as a mechanical engineer for a decade before going into law, has taken five patent cases to trial in the past five years (winning four).
Who might be the next to leave Howrey? Here’s some speculation….
Continue reading “Howrey Losing More Partners? Construction Lawyers Might Be Next to Leave”
It’s clear that Winston & Strawn isn’t happy about all the publicity it’s getting over Jonathan Bristol, the Winston partner — or former partner? — who has gotten entangled with Kenneth Starr
In case you haven’t been following the case of Kenneth Starr — not the one who brought us the delectable Starr Report, but the one who managed money for celebrity clients and now stands accused of a $30 million investment fraud — Jonathan Bristol did legal work for Starr. Bristol is referred to in the criminal complaint as “Associate-4″ — not as catchy as “Client No. 9,” but it’ll do.
Since the Starr story broke, Winston has refused to comment on the case or to clarify Bristol’s current status at the firm. On the latter subject, there are conflicting reports:
Bristol is a Winston & Strawn partner who arrived at the firm from the now-defunct Thelen. Bristol is not charged with any crime and faces no civil charges. But he appears to be gone from Winston, though firm higher-ups and a spokesman will not comment publicly on Bristol’s status. Two sources familiar with the matter say Bristol is indeed gone from Winston, though one source close to the case insists that Winston did not terminate Bristol.
Regardless of whether he’s still connected to the firm, Jonathan Bristol is definitely gone from the Winston website. As in really, truly gone.
Last week, Winston removed Bristol’s bio from the firm website. But that’s not all. Winston went to the trouble of taking the November 2008 press release touting Jonathan Bristol’s arrival at the firm (along with several other Thelen lawyers), revising it to omit any mention of Bristol, and then putting it back on the firm website….
Continue reading “Winston & Strawn Tries To Rewrite History By Editing Out a Problematic Partner”
Former Thelen associates might still be scrambling to pick up the pieces of their aborted legal careers, but former Thelen partners continue to land on their feet. The latest partner refugee is an All-Star. Richard Raysman (of what used to be known as Thelen Reid Brown Raysman & Steiner) has ended up at Holland & Knight.
Raysman left Thelen in August for Otterbourg Steindler. He got out before Thelen collapsed. Not surprisingly, Holland & Knight’s announcement downplays Raysman’s connection to his defunct former firm:
After graduating from Massachusetts Institute of Technology and receiving his J.D., from Brooklyn Law School while working at IBM as a systems engineer, Raysman founded the firm of Brown, Raysman, Millstein, Felder & Steiner which grew to 250 attorneys. The Brown Raysman firm was the first significant firm to focus on computer law. Raysman was among the first lawyers to recognize that the practice of law in the area of computers would be increasingly important as digital technology spread through commercial enterprises.
But ex-Thelen employees still remember My. Raysman. Remember, earlier this month former Thelen employees were granted class status to pursue claims against Thelen. Their lawyer has indicated a willingness to go after former partners of the firm.
But clients probably won’t care about Raysman’s connection with the unfortunate events surrounding Thelen. He’s a leading lawyer in an important field. We’re sure Holland & Knight will be thrilled by the extra rain.
Check out the full press release after the jump.
Continue reading “Musical Chairs: Holland & Knight Picks Up Richard Raysman”
Thelen dissolved, not that long ago. But some former employees claim that they did not get sufficient notice under the WARN act. Those employees are now allowed to pursue remedies as a certified class:
Lawyers and staff for the now-defunct firm Thelen have won class certification of their suit claiming the firm failed to give federally required 60 days notice that it would close its doors….
Thelen stipulated to class certification, a move praised by Steven A. Blum, who represents former Thelen employees.
Congratulations guys. Good luck getting blood out of a rock.
Of course, there are people affiliated with Thelen that still have money, and the lawyer representing former Thelen employees intends to go after those deep pockets, regardless of where they practice now:
Asked if sufficient funds exist for a recovery, Blum said, “From one source or another there should be a substantial recovery. From Thelen itself there are banks to contend with first and we may have to go to other sources in addition to Thelen to get maximum compensation.”
He said those other sources would include “other law firms that have taken large groups of Thelen partners and discarded the employees.”
Interesting. Nixon Peabody picked up 90 Thelen attorneys. Any chance that former Thelen partners now at Nixon will disgorge profits to this new class of former employees?
Ex-Thelen Lawyers Granted Class Certification [ABA Journal]
Judge approves class certification of suit filed by employees of shuttered Thelen [National Law Journal]
Earlier: Thelen Officially Dissolves
Nixon Peabody Picks Up 90 Thelen Attorneys (This is Different From a Merger How?)
* Mukasey is going to be okay. He’s telling jokes and talking to the President. A GW doctor said “”The attorney general is conscious, conversant and alert.” [CNN]
* Do you feel sorry for sex offenders? The California 4th district court does. They ruled that Jessica’s law, a law that prohibits sex offenders from living within 2,000 feel of a school or park constitutes “banishment under another name.” [San Francisco Chronicle]
* “A U.S.-triggered spate of global carmaker-bailout proposals may spark trade disputes over whether the Americans are unfairly trying to subsidize their industry or just making up for state aid foreign rivals already enjoy.”[Bloomberg]
* Meanwhile, the EU’s antittrust chief says the EU should resist an auto-industry bailout. [Bloomberg]
* On Thursday, a federal judge ordered the release of five Algerian prisoners from Guantanamo Bay, Cuba. [Los Angeles Times]
* If you’ve been following Proposition 8, you may want to watch an upcoming gay marriage case that will be coming before the Iowa Supreme Court. [Iowa City Press Citizen]
Thelen attorneys in NYC and Hartford have a new landing spot. Robinson & Cole picked up 30 displaced Thelen attorneys. According to the Connecticut Law Tribune:
The move adds heft to Robinson & Cole’s construction, real estate, employment and finance practice groups, among others.
“It’s a smart move and good pick-up,” said Connecticut-based law firm consultant Peter Giuliani, but not one that challenges Day Pitney’s status as the leading law firm in the state.
Of course, the Robinson & Cole press release shows no signs of Pitney envy:
The addition of these accomplished attorneys to Robinson & Cole speaks to our strength as a regional firm and will add considerable value to expansion of our New York City office, expansion of our intellectual property practice, and the addition of a prominent construction practice, all goals of the firm’s strategic plan,” said Robinson & Cole’s managing partner, Eric D. Daniels.
Meanwhile, back at the artist formerly known as Thelen, the situation continues to be fluid and confusing:
“At this point it is every group for themselves and not a coordinated top-down plan,” said San Francisco-based Thelen spokesman Kevin Livingston. “Thelen really doesn’t exist anymore. I barely know what is going on in San Francisco.”
Heller Drone comes to the rescue of a disorganized Thelen response, after the jump.
Continue reading “Robinson & Cole/Heller Drone Comes to the Aid of Thelen Attorneys”
We’ve previously reported that Nixon Peabody was acquiring 60 ex-Thelen attorneys, but only Thelen refugees located in Manhattan.
But now it is looking like Nixon is picking up 90 ex-Thelen lawyers (partners and associates), former Thelen support staff, and tripling its presence in Silicon Valley.
Yesterday’s press release from Nixon reported:
The new attorneys are joining all four of Nixon Peabody’s departments: business, intellectual property, litigation, and real estate. The firm also plans to hire a number of associates and staff from Thelen to help support the new partners. With the addition of these new attorneys from Thelen in Silicon Valley, which will triple in size, San Francisco, New York, Los Angeles, Washington, DC, and Shanghai, it is anticipated Nixon Peabody will have more than 825 attorneys worldwide in 19 cities.
After the jump, remember when Nixon and Thelen were supposed to merge?
Continue reading “Nixon Peabody Picks Up 90 Thelen Attorneys
(This is Different From a Merger How?)”
The Recorder has published the people who will be in charge of winding down operations at Thelen:
The three members of Thelen’s dissolution committee are David Graybeal, Douglas Davidson and Thomas Hill. The firm has also hired as outside counsel Peter Gilhuly, the Latham & Watkins bankruptcy partner who advised Brobeck, Phleger & Harrison on its dissolution half a decade ago.
We already know that some Thelen people have found a new home. It’s been widely published that Nixon Peabody has sent offer letters to 60 former Thelen partners and associates.
But all of those offer letters were sent to attorneys in Thelen’s Manhattan office. San Francisco associates haven’t yet been picked up in droves. In fact, the New York focus of the dissolution committee members is causing some consternation with other partners at the firm:
Some former Thelen partners voiced frustration over Hill’s inclusion as a member of the wind-down committee.
Hill was in a position of “running the numbers” in his former role, one former Thelen lawyer said, speaking on condition of anonymity. “You would think that would be a reason to keep him off the committee.” People were not happy with the way Hill ran the office, the lawyer said, citing complaints that he didn’t consider other’s ideas and generally did not communicate.
Readers have cited Thelen’s expansion beyond their traditional San Francisco roots as part of the problem. Now, a cadre of non-San Francisco based partners will be overseeing the end.
Four Attorneys to Guide Thelen’s Demise [Law.com]
Earlier: Thelen Officially Dissolves
[Ed Note: This post was written for ATL by "Heller Drone," who created the blog Heller Highwater in response to a lack of information concerning Heller Ehrman's dissolution. We asked Heller Drone for helpful advice to offer Thelen associates and staff. Good luck to everybody dealing with these difficult circumstances.]
Being capsized is often something quite jarring and comes upon you suddenly and painfully, say like food poisoning or an episode of The View. And despite the fact that you can see that iceberg in the distance, a soon-to-be ex-staffer of a BigLaw firm can’t always anticipate each and every wave that will buffet his or her lifeboat. Here are words of advice for our colleagues at Thelen and perhaps other firms which are in the process of dissolving:
Get Organized
You don’t necessarily need a blog but it is a nice way of communicating to a large group without hosting a website on your domain, etc. Blogging is a very “turnkey” operation and with platforms such as Blogger or WordPress or Typepad you can be on your way to your first post in less than five minutes. Any stressed and harried soon-to-be unemployed staffer can do it.
Besides a blog, set up some form of networking such as Facebook or better yet LinkedIn. This will allow former staffers to communicate with each other once the firm’s email system is offline.
Know Your Rights as an Employee
Do your research – and if you don’t know where to start enlist a paralegal or associate to assist. Realize that labor laws differ by state and this includes vacation accrual, how to file a wage claim, etc. Make sure you understand clearly anything you are being asked to sign and ask to make a copy of the document, take it home and review it first if possible. Do not sign any of your rights away during what can be a very emotionally trying time.
More tips after the jump.
Continue reading “Buoy oh buoy!
Five Things Hellerites Wished They Knew At The Start”
Thelen has officially announced they will dissolve.
According to the release, Thelen:
[B]reached a partner departure covenant that restricts the number of partners who may depart the firm within any twelve month period.
In other words, the bank pulled Thelen’s line of credit, much like they said was not going to happen.
Most disturbingly, Thelen apparently does not think it is obligated under federal regulations:
Although not necessarily required, Thelen is seeking to pay its employees 60 days salary under federal and state WARN Acts. The firm is also seeking to pay all accrued vacation pay. The response to date from the bank is that it will fund employee salary through Nov. 30, but will not pay accrued vacation pay. Both of these issues are still under discussion.
We’ll see how that flies in court, which is undoubtedly where this will end up.
Read the full press release after the jump.
Continue reading “Thelen Officially Dissolves”
After yesterday’s news that Thelen Chairman Stephen O’Neal was in talks to move to Howrey, the Thelen partnership met today.
That meeting is still ongoing, but early reports are that a partnership committee recommended dissolution to the full partnership.
The firm has been maintaining that they had a plan that would avoid dissolution ever since their proposed merger with Nixon Peabody fell through.
Update (5:05): As we understand it, Thelen has two different options from this point.
Option 1 is the plan they have arguably been pursuing: breaking up the firm practice group by practice group to interested parties. As we reported yesterday, this is the best option to save associate jobs. However, that plan is dependent on Thelen’s banks signing-off on the plan and maintaining their line of credit. Did Stephen O’Neal’s aggressive and ultimately public pursuit of his own lifeboat at Howrey scuttle that option? Once everybody is told that the managing partner could be leaving in ten days, why would other potential suitors compete for full Thelen practice groups? Instead, it’s easier to wait for an official dissolution and cherry-pick the rainmakers. This is what happened to Heller.
Option 2 is essentially what happened to Heller. If the full partnership accepts the recommendation and dissolves, this would likely trigger the WARN Act. As we know from the Heller situation, employees are entitled to 60 days notice. Many people predicted that Thelen would move to dissolve this week, last week one tipster told us that Thelen wanted to wrap up their operations before the end of the year. If true, that all but necessitates an official dissolution announcement this week. But, as Heller teaches us, just because you get 60-days warning doesn’t mean you get 60-days pay. We know that various Thelen associates were told that this type of dissolution was not going to happen. But … it appears to be happening.
Click here for Thelen’s official press release.
Thelen Launches Dissolution Vote [LegalPad]
Earlier: Weebles Wobble, But Does Thelen Fall Down?
We’ve spent the day collecting our Thelen rumors. This morning The Recorder reported that Thelen chairman Stephen O’Neal has been in talks to move to the D.C. firm Howrey. Apparently, he’s poised to take 30 attorneys with him.
The firm is set to hold an all partner meeting on Tuesday to discuss their options:
A much anticipated all-partner meeting is being held Tuesday, according to a Thelen partner, although the agenda hasn’t been made available to rank-and-file partners. The meeting had been set for last Thursday, but was rescheduled at the last minute.
“It’s certainly clear to us as industry observers that Thelen has reached a tipping point,” said William Nason, a recruiter with San Diego-based Watanabe Nason Schwartz & Lippman. “It’s amazing to us how quickly firms dissolve when they get to that point.”
Distinguishing Thelen from other dissolution targets after the jump.
Continue reading “Weebles Wobble, But Does Thelen Fall Down?”
If there are Thelen associates that are not actively trying to get another job, if there are “incoming” Thelen first years who are waiting for “concrete answers” from the firm: this is your last warning. Do not pass Go, do not collect $200, just remember that your closest exit might be behind you.
This morning the Recorder sounded the latest alarm bell:
While Thelen is looking for firms willing to pick up various pieces, a core group may choose to stick together, and Thelen partners are meeting on a weekly basis to discuss their options, said the partner, who spoke on condition of anonymity.
The Nixon Peabody merger is off. All the white knights Pollyanna sees on the horizon are actually scavengers looking to pick up useful pieces.
More alarmist rhetoric and mixed metaphors after the jump.
Continue reading “Thelen Associates:
English M*therF%$#*r Do You Speak It?”
I don’t believe everything I read on ATL’s comment boards, but often accurate information is posted by our readers. Monday, we told you that Pillsbury had acquired Thelen’s China practice group. One reader said:
Look for construction partners to start jumping ship by next week. You heard it here first.
The only thing wrong about that statement was the timing. Pillsbury released the following statement announcing additional new hires:
Michael Evan Jaffe and Ronan J. McHugh, two construction litigators from Thelen LLP, have joined Pillsbury’s Washington, DC office as partner and counsel respectively, advancing the firm’s ongoing expansion of its national litigation and international dispute practices.
In fact, Pillsbury seems quite proud about scavenging Thelen:
Jaffe and McHugh are the latest attorneys from Thelen to join Pillsbury’s litigation team. Earlier this week, it was announced that Shanghai litigation partner Meg Utterback, was joining the firm as part of Pillsbury’s acquisition of Thelen’s China practice.
How many cherries can Thelen lose before somebody chops them down for firewood?
Other (potentially prescient) commenters weigh in after the jump.
Continue reading “Pillsbury Continues To Poach Thelen Partners”
What’s going to happen to Thelen? That is the question many are asking in the wake of Heller Ehrman’s untimely demise.
As we have previously reported, Thelen has not yet been able to merge with another firm, while suffering through a slew of partner defections. They’ve even canceled their 2009 summer program.
Today brings more bad news for Thelen. Pillsbury announced that they have acquired Thelen’s China practice group:
[A] group of approximately 20 attorneys, including partners Tom Shoesmith, Meg Utterback, Joe Tiano and Lou Bevilacqua, to be based in Pillsbury’s Shanghai, Washington, DC and San Francisco offices.
This may not be as crippling as losing a rainmaking IP practice group like Heller did. But the losses are adding up for Thelen.
Thelen’s attempt to quell the rumors, after the jump.
Continue reading “Is Thelen Next?”
Nixon Peabody and Thelen continue to make googly eyes at each other. But if Nixon keeps dancing and talking instead of making a move, there might not be any Thelen left to merge with.
As The Recorder reports:
Bingham McCutchen plans to announce on Monday that four D.C. attorneys from Thelen are moving over: Partner Carl Valenstein — recently listed on Thelen’s Web site as a member of the firm’s partnership council — as well as partners Jerome Akman and David Vidal-Cordero, and senior counsel Rebecca Hartley.
I don’t know who any of those people are, but it’s safe to assume that the laws of “subtraction” still apply to Thelen. It’s not like Nixon (or anybody else) is going to merge with the Thelen associates. A book of business is very different from an active Facebook page.
At least Thelen is trying to get the word out that not all of their partners are up for sale:
Two Thelen partners made a point of showing solidarity with their firm Thursday afternoon.
[Michael] Hallerud said that he’s been with Thelen for more than 13 years and has “no interest in going anywhere,” adding that the San Francisco office is “a family place.”
Another partner, [John] Heisse, replied in an e-mail: “As I have told what seems to be every headhunter in the continental U.S., I have no intention of taking my practice to any other firm. If your article has the effect of stopping their calls, then I appreciate your help.”
It’s awesome that Mr. Heisse is in such great demand. But wouldn’t it be nice if he put in a good word for whatever mid-level has been doing his dirty work for the past few years? Something like:
Hey Mr. Recruiter for a firm with much more stable financials. I’m sticking with the date I came with, but you might want to call up Tippy Highflower whose a 6th year in our San Fran office. She’s great and a future star, and based on the bottle of Zoloft I just saw her eating for lunch, I bet she could use some reassurance about her future prospects.
Associates need lifeboats too. Sometimes just knowing that you have one can help you weather the storm.
Merger or No, Gems Remain in Thelen’s Ranks [Law.com]
Earlier: Law Firm Merger Mania: Nixon Peabody + Thelen = Nixlen Thelpea?
Loeb & Loeb announced the addition of two new partners to their New York office, Kenneth A. Adler and Steve A. Semerdjian. Both partners are Thelen refugees.
As you may have heard, Thelen is limping. Not Lehman Brothers limping (Dealbreaker has the latest on Lehman’s desperation). But Thelen clearly needs something positive to happen for them.
We’ll get back to piling on in the near future, but as Adler and Semerdjian cruise away in their lifeboat, we’re forced to wonder how much partner defections actually mean to working associates.
Not that Thelen is hiring anybody, but if they were would you avoid Thelen because Adler and Semerdjian left the firm? Conversely, are there people out there who are thinking “I wasn’t going to take that call-back with Loeb, but now that Adler and Semerdjian are there, sign me up baby!”
Partner defections mean a lot to partners. But how much of that rain really trickles down to the associate level? Thelen’s troubles were obvious long before partners started floating away. Somehow we can’t see Loeb associates having a truck party just because profits per partner might go up thanks to the new acquisitions.
We’ll see when the bonuses come out if Loeb’s additions are anything more than Thelen’s subtractions.
Earlier: Prior ATL coverage of Thelen
Too many tipsters to count have alerted us that Thelen appears to have canceled their 2009 summer associate program. People who had scheduled call backs with Thelen were informed this afternoon. As we understand it, this is a firm-wide decision affecting every office. We also believe Thelen has canceled all remaining OCI interviews.
A few tipsters reported that the stated reasons from Thelen were communicated over the phone. They told aspiring summers that their budget overview and ongoing merger talks prevented an accurate assessment of their future hiring needs.
The firm could not be reached for comment. We will update you as soon as the firm updates us.
If true, this information doesn’t really come as a surprise. Thelen has been rumored to be on the merger market for quite some time. The most recent suitor was Nixon Peabody, but there have been rumors of others.
At this point, canceling the entire summer program in preparation for a big-time merger is the best possible reason, right? We’ll keep you posted.
Earlier: Law Firm Merger Mania: Nixon Peabody + Thelen = Nixlen Thelpea?
Law Firm Merger Mania: Thelen Sending Out Feelers?
