Keep your finger on the legal world's pulse
14th July 2023
 
THE HOT STORY
Resignation shakes A&O: Global managing partner steps down amid merger talk
Allen & Overy's global managing partner, Gareth Price, has resigned from the London-founded law firm amid ongoing merger talks with Shearman & Sterling. Price, who had been with Allen & Overy for 30 years, stepped down for "personal reasons." The firm did not announce his replacement. The proposed merger between Allen & Overy and Shearman & Sterling, which would create a firm with 3,900 lawyers and a combined revenue of $3.4bn, is now expected to be voted on in October. Despite headwinds, Allen & Overy saw 7% client revenue growth in the past financial year. The firm's senior partner, Wim Dejonghe, praised Price's leadership and highlighted the opportunities presented by the energy transition, technology transformation, and private capital work. Shearman & Sterling reported a decline in gross revenue for 2022.
TECHNOLOGY
Law firms' strategic plans: A digital transformation dilemma
A report by Thomson Reuters has revealaed that many law firms lack strategic plans for technology and innovation. Despite the pandemic's impact on technology adoption, the study suggests that law firms have not made significant changes in their approach to tech and innovation. Out of the firms surveyed, only 54% claimed to have a strategic plan, and of those, 56% admitted to having no way to measure progress. Additionally, only 34% of firms with plans consulted their clients during the plan's development. The report highlights the importance of having measurable goals and involving clients in the planning process. Without robust strategic plans, law firms may struggle to keep up with emerging technologies and competitors.
AI revolutionizes law firm marketing
Stuart J. Oberman, founder and president of Oberman Law Firm, explains how AI is revolutionizing law firm marketing by enhancing marketing strategies, boosting efficiency, accuracy, and overall client engagement. He believes that the adoption of AI technology will transform the way law firms attract and retain clients as well as advance the digital transformation of the legal industry. Oberman explains that law firms can utilize AI to implement marketing automation programs that target clients with personalized automated marketing communication through various outlets. Furthermore, he notes that AI-powered tools enable law firms to analyze vast amounts of data, gain valuable insights into client preferences and market trends, and tailor marketing campaigns accordingly. Oberman asserts that intelligent chatbots improve client service by providing instant responses and personalized recommendations. AI tools can also assist in content generation and curation, producing high-quality content and staying updated with legal developments, according to Oberman. However, he concludes that while AI offers innovative capabilities, law firms should balance technology with human interaction to provide personalized attention and expertise.

 
Law
Meta's Threads: Potential pitfalls for advertisers
Meta's Threads, the new social media platform, is quickly gaining popularity, accruing over 100m users since its debut. While it aims to provide a safer environment for advertisers, Andrew Lustigman, a partner at Olshan Frome Wolosky in New York, warns that there are limitations to consider. He explains that brands must be cautious about moderation protections and potential exposure on open social media platforms. The character limit for posts, similar to Twitter, poses challenges for mandatory disclosures and clarifying disclaimers, Lustigman says. Brands engaging with users on Threads should be mindful of potential claims and regulatory implications, he cautions. Despite its burst of popularity, brands should carefully evaluate Threads' limitations before advertising on the platform, Lustigman advises. 
INDUSTRY
Big law firms in D.C. tap into government experience
Big law firms in Washington, D.C. have recently made partner hires with strong government experience. Skadden, Arps, Slate, Meagher & Flom, Cleary Gottlieb, and Squire Patton Boggs have all announced new hires. The revolving door between law firms and the federal government remains active, with firms recruiting former government talent to attract clients. Skadden brought on David A. Simon, a former special counsel at the Department of Defense, as a global co-head of its cybersecurity and data privacy practice. Cleary Gottlieb hired David Last, the former chief of the DOJ's Foreign Corrupt Practices Act unit, for its white-collar and enforcement practice. Squire Patton added Adam Hensel-Briscoe, a former assistant director at the U.S. Department of the Treasury, to its government investigations and white-collar practice. While law firms have been adding to their white-collar and government investigations practices, the hiring of government talent has slowed down in recent months. Economic uncertainty has led firms to tighten their budgets, resulting in fewer moves from U.S. attorney's offices to law firms. However, the trend of recruiting government experts continues in D.C. law firms.

 
Law
Opinion 506: Lawyers and non-lawyer assistants - what you need to know
The American Bar Association has issued Formal Opinion 506, reminding lawyers of their obligations and the "traps for the unwary" when working with non-lawyer assistants during the intake process. The opinion emphasizes the need for lawyers to train their assistants to recognize when client questions veer into areas of legal advice. It also highlights exceptions to the definition of non-lawyer, such as limited licensed legal practitioners in Washington and legal paraprofessionals in Arizona's "regulatory sandbox" and Utah's sandbox. These alternative approaches aim to address the "justice gap" and provide affordable legal services. The article calls upon the New Jersey Supreme Court to establish a committee to examine the legal services innovations happening in Arizona and Utah. Access to justice remains an ongoing issue that requires closer scrutiny and exploration of potential solutions.

 
Law
FIRMS
Navigating the greenwashing maze
Holland & Knight has assembled a new team to address the increasing number of claims related to greenwashing. Greenwashing refers to companies failing to live up to their stated environmental goals. The team will provide clients with advice on litigation, compliance, and regulatory matters. The number of greenwashing cases has doubled since 2015, with around 500 cases filed in 2021 alone. The team aims to help companies avoid litigation and ensure they provide fair and accurate information to customers and investors. The SEC is expected to introduce new disclosure rules for environmental impact, and the team is also keeping an eye on NetZero claims. Other law firms, such as Mayer Brown, are also addressing the risks associated with greenwashing.  

 
Law
Husch Blackwell's non-lawyer CEO to work from home
Husch Blackwell deepened its commitment to work-from-anywhere by naming a chief executive officer whose role for the law firm will be 100% remote. Jamie Lawless, the firm’s second consecutive CEO without a law degree, takes over in February for Paul Eberle, Husch Blackwell said in a statement. Lawless will work from her Tampa, Florida home as part of the The Link, a virtual office the firm began began in 2020 that now includes 202 lawyers in 29 states and Washington, D.C. The firm’s large rivals have mostly been pressuring lawyers to work from offices at least part of every week, threatening bonus penalties in some cases to persuade them. Husch Blackwell, founded in Kansas City, earned $555m in gross revenue in 2022, a 17% boost from the year before, according to the most recent Am Law 200 survey.
Womble Bond Dickinson merges with boutique firm
Womble Bond Dickinson has merged with boutique firm Gordinier Kang & Kim, adding a three-partner team to their ranks. John Kang joins the capital markets group, while Patricia Cymerman and Edward Kim join the business litigation group. It is the second merger announced by Womble Bond Dickinson this week, following their partnership with San Francisco-based litigation firm Simmonds & Narita
Greenberg Traurig trial partner joins King & Spalding in Houston
Greenberg Traurig trial partner and senior vice president Mary-Olga Lovett has joined King & Spalding in Houston as a partner in the trial and disputes practice group. Lovett, a trial lawyer with over 30 years of experience, was attracted to King & Spalding's deep bench of litigators and global reach.

 
Law
CASES
Johnson & Johnson sues doctors over talc-cancer studies
Johnson & Johnson has sued four doctors who published studies linking talc-based personal care products to cancer. The company alleges that the studies are inaccurate and is seeking retractions and corrections. J&J is facing over 38,000 lawsuits claiming that its talc products, including Baby Powder, were contaminated by asbestos and caused cancers. The company denies these allegations and says its talc products are safe. J&J has stopped selling talc-based Baby Powder and is attempting to resolve the lawsuits through an $8.9bn settlement. The recent lawsuits target doctors who have provided expert testimony against J&J in previous cases. The company accuses the doctors of concealing the fact that patients in their studies were exposed to asbestos from other sources. Legal experts believe that J&J's aggressive legal action is an attempt to discourage other researchers and control the narrative about talc safety. The doctors named in the lawsuits argue that unmasking patients would have a chilling effect on future medical research.
Starbucks lawsuit lands lawyer in hot water
A federal judge in Syracuse, New York, has ordered lawyer Spencer Sheehan to explain why he should not be sanctioned for bringing a "frivolous" proposed class action against Starbucks. Sheehan, known for filing numerous food and beverage labeling lawsuits, has been warned multiple times against bringing unserious lawsuits. U.S. District Judge Frederick Scullin dismissed Sheehan's case against Starbucks, which claimed the coffee giant's French roast ground 100% Arabica coffee was not actually 100% ground coffee because it contained added potassium. Sheehan is also facing potential sanctions in a Walmart mayonnaise case in Chicago federal court. Judge Steven Seeger described him as a "wrecking ball" whose cases saddle others with attorney fees. "Many of the complaints have suffered the judicial equivalent of a crash landing, or perhaps an explosion on the launch pad," Seeger said.
AND FINALLY.....
It might be punny, but that doesn't mean it's okay to say in court
Rhode Island attorney Dennis D. Bossian has learned the hard way lawyers should not be insulting witnesses on the stand. Examining an expert witness in a 2020 trial, he told the witness that his report will bear out what he "testi-lied" to. The judge tried to caution Bossian, but the lawyer insisted that his conduct was appropriate, after which the judge declared a mistrial. After a disciplinary hearing, Bossian eventually apologized to the trial judge and promised not to use the term "testi-lied" in court ever again.

 

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