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Morgan Lewis Large Firms May Increasingly Sue – INSIDE THE LEGAL – REGIONAL Partner to Lead DOJ Excessive Fees? ��3 Clients for Nonpayment of Fees The outlook is uncertain for a suit claiming pelvic mesh users paid Criminal Division excessive legal fees in multidistrict BY JUSTIN HENRY when flexibility in litigation, after the New Jersey Supreme BY DAN PACKEL Of the Legal Staff collections can be Court declined to provide guidance in a The American Lawyer key to maintain- choice-of-law dispute. conomic pressures accelerated ing solid client President Joe Biden on Monday nominated by the COVID-19 pandemic have relationships. NATIONAL Morgan, Lewis & Bockius partner and for- forced many law firms into difficult But law firms are Legal Tech Company ��4 E Joinder, a solutions-based mer top New Orleans federal prosecutor conversations with clients, as they aim also on alert for ex- engagement platform that got Kenneth Polite to serve as assistant attorney to balance flexibility during an economic ploitation by clients its start as an electronic filing general for the Justice Department’s criminal downturn with their own budgetary con- citing the economic system inside of Orrick, Herrington & division. straints. In some instances, the challenge is MINKOFF tribulation of the last Sutcliffe’s corporate group, officially Polite served as U.S. attorney for the leading to lawsuits. 12 months as a pretext to avoid costs, attor- launched its product onto the open legal Eastern District of Louisiana from 2013 to Over the last 12 months since the onset of neys say. Industry leaders also said a large tech market Tuesday. 2017, having been nominated to the role by the pandemic, Am Law 200 firms including portion of these claims by law firms don’t President Barack Obama. He joined Morgan Blank Rome, Buchanan Ingersoll & Rooney, show up on the public record because the YOUNG LAWYER Lewis’ global disputes and investigations Armstrong Teasdale and Baker McKenzie, services contracts include an arbitration pro- Onboarding During Pandemic ��5 team as a partner in Philadelphia in July among others, have sued clients for allegedly vision for settling fee disputes. Contributor Osazenoriuwa Ebose 2018. unpaid legal fees, court filings show. “As firms become billion-dollar-plus big discusses some keys to success “We are proud of our partner Kenneth Attorneys who represent law firms in businesses, they tend to be run more like when integrating into a new workplace. Polite and his nomination to serve as collections disputes say firms are wary to big billion-dollar-plus businesses,” said one of the highest-ranking officials at sue clients over unpaid fees because it po- Ronald Minkoff, a litigation group partner IMMIGRATION LAW at Frankfurt Kurnit Klein & Selz, who repre- the Department of Justice. Kenneth is a tentially leaves them vulnerable to coun- Nonimmigrant Visa Ban Expires ��7 strong leader with impeccable credentials terclaims of legal malpractice. They say sents law firms in fee collections disputes. “If After much speculation, the who will continue in this role his deep law firms see litigation as a last resort, they feel that a client is taking advantage of Biden administration has opted DOJ continues on 10 especially during an economic downturn Nonpayment continues on 10 to allow former President Donald Trump’s nonimmigrant visa ban to expire March 31, contributor Andrew J. Zeltner Legal Technology writes. Nepotism, or Perceived Nepotism, at INDEX Evolves, but Business Classified ...... 12 Law Firms and What to Do About It Public Notices ...... 14 Models at Firms Don’t Legal Listings ...... 16 BY DYLAN JACKSON While issues of perceived nepotism BY DAN CLARK The American Lawyer have cropped up recently at Boies Schiller Corporate Counsel Flexner, that is far from the only legal or- Nepotism, or perceived nepotism, is not ganization that has had to grapple with the When Scott Mozarsky was handling mergers necessarily unique to law firms. But it’s delicate business of balancing the relation- and acquisitions as general counsel of UBM common in the industry given the smaller ship between family members and the or- plc, someone on the other end of the deal size of law firms compared to corporations, ganization’s best interests. Courts and even would say he has to agree to a term because and the view held by many that law is a law schools have been accused of nepotism, Postal ID on Page 8 that is what the market dictated. Mozarsky profession, not an industry. Nepotism continues on 10 Technology continues on 8 www.TheLegalIntelligencer.com THE MASTERS: SM&B HAS MORE ATTORNEYS WITH NO, NOT MASTERS IN TRIAL THE GOLF ADVOCACY THAN ANY TOURNAMENT FIRM IN THE WORLD 2 • THE LEGAL INTELLIGENCER THURSDAY, APRIL 15, 2021 VOL P. 1986 PEOPLE IN THE NEWS

SPEAKERS ELECTED AND APPOINTED Pond Lehocky Saul Ewing Arnstein & Lehr announced that Gregory J. Nowak, a Partner at Giordano partner partner Matthew M. Haar was named man- Melissa Chandy is aging partner of the firm’s Harrisburg office. set to present a CLE Haar began working with the firm 20 Troutman Pepper, Dies at Age 61 on dispute resolu- years ago. tion through the Haar focuses his practice on corporate Gregory J. funds business. Prior to that, he served Dispute Resolution and commercial litigation with an empha- Nowak, a part- as a partner at Stradley Ronon Stevens Institute during the sis on complex insurance and reinsurance ner at Troutman & Young. 23rd Personal Injury litigation, including cases regarding bad Pepper Hamilton Outside of his legal work, Nowak was CHANDY Potpourri on April 20. faith and extra-contractual liability. Sanders, died a board member of the Economy League The virtual CLE is part of the all-day He represents both insurance companies April 11 at the of Greater Philadelphia and Pennsylvania conference and will be available on-de- and insureds in a variety of insurance related age of 61, ac- Economy League Inc. and served on mand following the conference. litigations, including complex coverage and cording to an an- the finance committee of his church, St. Attendees can register and learn more at contractual disputes, antitrust matters, bad-faith nouncement from Philip Neri. www.adrdri.com. actions, and rehabilitations and liquidations. NOWAK his firm. He also served as an adjunct faculty Chandy began focusing her practice ex- Haar handles extra-contractual liability Nowak worked in Troutman Pepper’s member at Cornell Law School, where he clusively on Pennsylvania workers’ com- cases for other clients in the financial ser- investment management and corporate earned his Juris Doctor. pensation law after graduating from Penn vices industry. He is also involved in the practices, where he handled complex He is survived by his wife, Denise State Dickinson Law. energy field, handling matters for clients securities law cases. He particularly fo- (nee Maggetti); his children, Elise, Chandy is a certified specialist in related to oil and gas development, pipe- cused on regulatory compliance and op- Gregory, Matthew and Madeleine; his Pennsylvania workers’ compensation by lines and wind energy. erational matters involving hedge funds mother, Mary (nee Onuschak) Nowak; the Pennsylvania Bar Association sec- He also has experience handling litiga- and other investment funds. sister, Victoria Cacchio (Louis); sisters- tion on workers’ compensation law as tion in employment law, including matters A statement from the firm said that and brothers-in-law; and his nieces and authorized by the Pennsylvania Supreme involving sex, race and age discrimination. Nowak “was a talented and accomplished nephews. Court. Haar is a member of the firm’s Marcellus attorney, a trusted adviser to his clients A socially distanced funeral service is She was also elected to the Pennsylvania Shale and oil and gas practices. He has ex- and colleagues alike, and a dear friend to set to be held at 11 a.m. Friday at Saint Association of Justice board of gov- perience litigating disputes related to explo- everyone at Troutman Pepper.” Philip Neri Church in Lafayette Hill. A ernors and is also an active member ration, production and transportation of oil He began working at legacy firm link to the live-streamed service will be of the Philadelphia Trial Lawyers and natural gas, in state and federal courts Troutman Sanders in 2002 after leaving available at Nowak’s memorial web page Association, the American Association as well as Pennsylvania state administrative his position as executive vice president at at Lownes.com. for Justice and the American Bar agencies. Gartmore Global Investments Inc. In that In lieu of flowers, donations can be Association. Additionally, Haar is an adjunct profes- role, he oversaw Gartmore’s acquisitions made to LaSalle University or Holy She also serves as the chair for the firm’s sor at Penn State Dickinson Law where and helped the company grow its hedge Ghost Preparatory School. • diversity, equity and inclusion committee. he instructs courses on problem solving. • VOL P. 1987 THURSDAY, APRIL 15, 2021 THE LEGAL INTELLIGENCER • 3 REGIONAL NEWS Excessive Fees? Court’s Plea for Help Unheeded in Choice-of-Law Question

BY CHARLES TOUTANT At the Third Circuit, Judge Thomas Jersey’s public policy interest in regulating Dougherty and Mark Tallmadge of Bressler New Jersey Law Journal Ambro, joined by fellow Third Circuit Judges those who use its courts compels applica- Amery & Ross in Florham Park, New Jersey, Stephanos Bibas and Jane Roth, said the tion of the state’s contingency fee rules to who did not respond to a request for com- he outlook is uncertain for a suit court of appeals failed to locate “any binding a malpractice dispute between out-of-state ment on the Supreme Court order. claiming pelvic mesh users paid ex- legal authority that squarely addresses the plaintiffs and out-of-state lawyers?” The Potts Law Firm, Derek Potts, Bailey Tcessive legal fees in multidistrict liti- question presented in this case.” Mazie, Slater, Katz & Freeman of Peavy Bailey Cowan Heckaman, Mesh gation, after the New Jersey Supreme Court The class action suit brought legal mal- Roseland, New Jersey, brought the class Litigation Center, Junell & Associates, K. declined to provide guidance in a choice-of- practice claims on behalf of 1,450 potential action. That firm’s Adam Slater declined to Camp Bailey and Burnett Litigation Center law dispute. class members whose pelvic mesh suits were comment on the Supreme Court order. were represented by Michael Darbee, Stephen The Supreme Court denied a request from Orlofsky and Adrienne Rogove of Blank the U.S. Court of Appeals for the Third Rome in Princeton, New Jersey. Orlofsky Circuit for guidance on whether Texas or declined to comment. New Jersey contingency rules should apply The New Jersey Supreme Court’s April 6 order leaves the Nagel Rice, Nagel, O’Connor and Solomon to suits filed in a New Jersey court on behalf were represented by Joanna Piorek and of lawyers from Texas. Third Circuit to its own devices in resolving an appeal in Thomas Quinn of Wilson Elser Moskowitz At issue in the case is whether lawyers can Edelman & Dicker in Florham Park, who did take a 40% cut from settlements in pelvic the case. not respond to requests for comment. mesh suits, as Texas rules allow, or if New Nagel said he expects the case will re- Jersey’s rules providing lawyers a 33.3% turn to the Third Circuit, which will have share should apply. filed in New Jersey courts by a consortium of The Texas defendants, all from Houston, to resolve the appeal without the Supreme The New Jersey Supreme Court’s April 6 Texas law firms. include the Potts Law Firm and Derek Potts, Court’s guidance on the choice-of-law order, which gives no reason for the court’s The suit seeks an accounting of all deduc- Bailey Peavy Bailey Cowan Heckaman, issue. Nagel said he is “optimistic, now decision to decline the question, leaves the tions made from plaintiffs settlements, and the Junell & Associates, K. Camp Bailey, Burnett that the Supreme Court has declined the Third Circuit to its own devices in resolving disgorgement of fees and expenses paid to those Litigation Center, Mesh Litigation Center, certification question, that the Third Circuit an appeal in the case. lawyers. As for the underlying case, the plaintiffs Steelman & McAdams and Annie McAdams. will hopefully affirm the dismissal by Lawyers for the mesh users appealed after were not New Jersey residents, the case was not The New Jersey defendants include Nagel Judge Arleo. If the Supreme Court thought U.S. District Judge Madeline Cox Arleo of litigated in New Jersey, the case was ultimately Rice of Roseland, New Jersey, and attorneys there was an issue with Judge Arleo’s opin- the District of New Jersey dismissed the class settled in Texas—echoing the decentralized na- Bruce Nagel, Andrew O’Connor and Robert ion, they would have taken the certification action suit in March 2020, finding that Texas ture that is common in multidistrict litigation. Solomon. question.” had the most significant relationship to the The Third Circuit asked the New Jersey Annie McAdams and Steelman & Charles Toutant can be contacted at plaintiffs’ claims. Supreme Court to address “Whether New McAdams were represented by Meghan [email protected]. • 4 • THE LEGAL INTELLIGENCER THURSDAY, APRIL 15, 2021 VOL P. 1988 NATIONAL NEWS Orrick Spins Out Legal Tech Company, Shunning Subsidiary Route GC Allegedly Ignored Employee’s Complaint BY FRANK READY Legaltech News Of Sexual Harassment

oinder, a solutions-based engagement platform that got its start as an elec- BY PHILLIP BANTZ Jtronic fi ling system inside of Orrick, Corporate Counsel Herrington & Sutcliffe’s corporate group, offi cially launched its product onto the open The general counsel of a global technol- legal tech market Tuesday. If successful, the ogy fi rm allegedly ignored an employee company may signal the emergence of yet who complained about “wildly inappropriate another route available to fi rms who are re- sexual advances” from her boss, according to luctant to launch a full-blown tech subsidiary. a lawsuit fi led Monday in New York federal But what exactly will it have to succeed at district court. fi rst? The platform was developed to address Hayley Reed, who worked as a digital some of the organizational challenges faced marketing and communications manager at by legal departments who have documents a subsidiary of Fortive Corp. alleges in stored across a multitude of law fi rms and her complaint that the company’s president, service providers without easy access. Andrew McCauley, pressured her to join him Joinder subscribers can invite outside at- in the bedroom of his corporate department torneys and other collaborators onto their plat- during what was supposed to be a lunch form, where records, deadlines, pricing data and meeting in August 2019. other project-related materials or information is Photo by Jason Doiy It was McCauley’s fi rst day on the job. all fed into a single location. The platform also After Reed refused and walked out of the offers standardized document templates around Keller approached the Orrick board about market. Orrick clients who were already apartment, the two had lunch at a restaurant practice areas such as litigation, intellectual how to commercialize the platform that using Joinder then had to be migrated over in the building’s lobby, where McCauley property, compliance and legal operations. would become Joinder, ruling out the pos- onto the new platform, which the fi rm has a allegedly continued to “make inappropriate Don Keller, a former Orrick partner who sibility of selling the tool directly through license to continue leveraging as part of its remarks to make clear that he was sexually shepherded the development of the Joinder the fi rm. “Orrick is not a software company,” legal services. interested in Ms. Reed,” according to the platform, will serve as the fl edgling com- he said. “Building this within Orrick has been a complaint. pany’s CEO. After 38 years working with They briefl y considered following in the tremendous laboratory for us. … We’re still Reed further alleges that McCauley clients and emerging companies in Silicon footsteps of Parsons Behle Lab or Reed reacting to commentary from the Orrick retaliated for her rejection by slashing Valley, Keller was curious about what a Smith’s GravityStack by making Joinder users who are saying to us, ‘Hey, you really her budget, removing her from strategic startup adventure of his own might look like. the basis for an Orrick tech subsidiary, but need this feature or you need that feature.’ It planning conversations and meetings, sad- “[Joinder] presented itself as an opportunity, that idea was also abandoned. Keller felt it couldn’t come from a better place than actual dling her with unrealistic performance and I thought that a little bit of change is a was important for Joinder to be placed into users. … I don’t know how we could have goals, and downplaying her professional good thing for people. And some might say an entrepreneurial environment—not unlike gotten that benefi t otherwise,” Keller said. achievements. after 38 years I should change it up a little,” any other Silicon Valley startup—where the For now, Orrick remains Joinder’s big- Reed’s suit names Fortive, several of its he said. strength of the product would be tested with- gest client and a minority stockholder—but subsidiaries, and McCauley as defendants. Keller will be joined by chief product of- out the resources of Orrick to fall back upon. without a seat on the company’s board. She alleges discrimination, retaliation, and fi cer Jim Brock, who is no stranger to the legal He also believed that the ability to offer eq- Mitch Zuklie, the fi rm’s chairman and CEO, aiding and abetting in violation of the New tech space having founded and led Trustbot, uity incentives and the lure of entrepreneur- said via email that it made perfect sense for York State Human Rights Law. a software solution that helps users determine ship would be more attractive to high-end Joinder to spin off and develop products and Reed asserts in the complaint that she when an NDA is necessary. Brock framed the software talent than a legal tech subsidiary. customers under its own brand. hesitated to report the alleged harassment to value of Joinder around law fi rm relationship “I don’t think I could have attracted Jim, “It would not surprise us at all if the the human resources department at the sub- management. for example, to this project if I had said, [Orrick] Lab spins out additional companies. sidiary, Qualitrol, because her prior attempts “We think, when all of the work is in one ‘Jim would you like to join a subsidiary of We’ll evaluate it on the basis of each solu- to raise alarms about workplace misconduct place with Joinder, it’s much easier to under- Orrick?’ I just don’t think it would be that in- tion,” he said. had backfi red. For instance, she alleges that stand why things cost what they do. And it’s teresting as compared to, ‘Would you like to But could other fi rms follow their lead? she once reported a manager who called her also easier to move toward billing arrange- come help found a company?’” Keller said. Keller at Joinder again stressed the value of a “bitch” and was told that reporting the inci- ments that are a little further away from the But while Joinder would ultimately have to testing a product on the market without the dent was a “very big career mistake.” billable hour,” he said. stand on its own, the fl edgling company did support of a big law fi rm—and could see However, as the alleged retaliation esca- But while the company’s aims may be lofty, spend nearly three years incubating inside of others following that same path rather than lated, Reed took her concerns in February its origins were actually modest. Initially de- Orrick Labs, the mechanism by which the undertaking tech subsidiaries. to the company’s vice president of HR, veloped inside Orrick’s corporate department fi rm develops new, customized technology “I personally don’t think the subsidiary who contacted general counsel Doug Hicks. as an answer to client requests for a “system solutions. route or the internal build route is [going] to However, Reed alleges, Hicks would only of record” they could use to access their For Joinder, that process involved build- be that likely of a route,” he said. grant her a brief phone call, and ended the documents, the solution was quickly adopted ing out a new user interface that would Frank Ready can be contacted at fready@ talk before she was fi nished. by more than 1,000 users. be competitive in the modern software alm.com. • Complaint continues on 8

To publish your Corporate Notices, Call: Jennifer McCullough at 215-557-2321 Email : [email protected] VOL P. 1989 THURSDAY, APRIL 15, 2021 THE LEGAL INTELLIGENCER • 5

YOUNG LAWYER Onboarding During a Pandemic: Notes From the Field BY OSAZENORIUWA EBOSE into my six-month mark, teaching me every- experience, become a better writer, become Special to the Legal OSAZENORIUWA thing from navigating the online filing system partner, or change the world. EBOSE is based in the to using new research platforms. Isolation does not mean being discon- hile still a novel and disorienting Philadelphia office of global Once onboarding is over, however, the nected. It’s important to actually connect time, successfully transitioning law firm Greenberg Traurig onus switches from the organization to the with colleagues when you’re new. Be pur- where she defends against into a new firm is possible—with individual—you—to chart your new future. poseful about how you do it. Make a list W claims of wrongful termina- the right support and outlook. The most important of people you want tion, retaliation, harassment Despite the constraints of the pandemic, part of being a new to meet and set up and discrimination as well many organizations—including my own— as counsels employers on team member is to times to meet them. have continued to hire new additions to their various aspects of labor and employment law. stay intentioned and At every step into a new If they don’t respond, teams. We represent the optimistic horizon on stay connected, es- contact them again … this pandemic, a sign of potentially brighter also helped me alleviate new-job jitters and pecially true while organization, flexibility and again, and again, days ahead. Accordingly, the onboarding anxiety. working remotely. until they respond. process has evolved to reflect this new envi- Make it clear. Use schedules delineating Walk in your and creativity are key Don’t just speak these ronment. Over a year later, despite the sur- presenters and times, and leave room for purpose. Never for- goals to yourself and realness of this time, I have discovered some breaks to occur. I received a PDF schedule in- get why you said yes to well-intentioned mentors; actualize keys to success when integrating into a new forming me of who I was meeting with, why to your opportunity! them onto a calendar workplace. and for how long. It took into consideration You decided to make success—and accordingly, reminder for yourself First, many organizations generally begin and built in time for me to take bathroom a move during a are key to success as a every week or every with some level of onboarding. You will meet breaks, stretch my legs, and, most impor- worldwide pandemic; month to meet some- various people, sign multiple forms and a tantly, eat. Always helpful! it was not a decision lawyer. one new or connect whirlwind of information will bombard you. Make it easy. Keep block onboarding you made lightly. with an old friend. I found my onboarding to be a success be- short and sweet. The reality is that it’s hard Whenever the going Set calendar check- cause my organization kept it simple, made it to stay focused on a screen with someone gets hard, remember ins to cultivate and clear and kept it easy. Let’s break that down. talking at you for more than a couple days. your “why” and use it to propel yourself sustain relationships, as well as periodic Make it simple. In this pandemic the bane Ensure new team members have a designated forward. When I feel like I am floundering, check-ins for yourself. At the three- or six- of everyone’s existence is downloading and access point for questions and concerns, but overwhelmed by the newness of everything, month mark, see if you pushed to handle mastering the endless number of video call keep full-day onboarding to three to four this helps me remain focused. You are your a billable deposition, wrote that appellate platforms. When you keep onboarding local- days. Then spread any additional required own business (wise words from a mentor; I brief, or single-handedly closed that six- ized on a single call line, however, and have training over the following months. I had always cite my sources), so I actively choose figure deal. It’s hard to achieve what you the presenters switch, it lessens the new hire’s three days of actual block onboarding. After to believe in myself. Don’t lose sight of your don’t quantify. learning curve for unfamiliar platforms. It that, additional trainings have continued, well end goals—whether that be to gain more trial Young Lawyer continues on 8

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PI-19-362521 Legal Books Print Ad 4_Full.indd 1 12/2/19 10:27 AM VOL P. 1991 THURSDAY, APRIL 15, 2021 THE LEGAL INTELLIGENCER • 7 IMMIGRATION LAW Nonimmigrant Visa Ban Expires: Has International Travel Turned the COVID Corner?

BY ANDREW J. ZELTNER the initial August 2020 Department of State of why the applicant’s physical presence in ANDREW J� ZELTNER is Special to the Legal guidance for applying for an exception and the United States is required. As our world is a senior counsel in instituted a new standard. In order to qualify now adapted to remote work, any successful the Klasko Immigration fter much speculation, the Biden for an NIE, the applicant must be providing NIE request must explain why alternatives Law Partners’ Philadelphia administration has opted to allow vital support to a sector of critical infrastruc- such as videoconferencing, teleworking or offi ce. Zeltner handles a Aformer President Donald Trump’s wide array of corporate im- ture. The Department of Homeland Security actions performed by others who are already nonimmigrant visa ban to expire March 31. migration matters including defi nes 16 critical in- in the United States, The ban was originally issued in an executive those involving the processing frastructure areas, and would not be suffi - order in June 2020 and primarily affected the of permanent resident ap- they encompass areas cient to meet business ability of those in H-1B, L-1 or J-1 status to plications (green cards) on behalf of multinational including chemi- While we all hope for needs. obtain a visa at a U.S. embassy abroad. While corporate and individual clients, including labor cal, energy, fi nancial It is also important the Trump administration’s initial goal of certifi cation applications, immigrant visa petitions services, health care, brighter days ahead in to note that individu- reducing legal immigration by at least 50% and adjustment of status applications. and information tech- the very near future, the als who currently was stymied in Congress, the COVID-19 nology, to name a have valid visas in pandemic provided the administration with Ireland, China, Brazil, South Africa and Iran, few. Of course, what pandemic has taken the the geographic areas the pretext needed to enact its visa ban. In pursuant to Presidential Proclamation 10043. constitutes providing subject to Presidential the waning days of his administration, Trump These individuals are unable to travel without “vital support” is not complex task of managing Proclamation 10043 extended the ban until the end of March 2021 obtaining a national interest exception (NIE) entirely clear, never- are not exempt from (it was set to expire in December 2020) and from a U.S. embassy abroad. In addition, theless, recent experi- an international the ban. Those ap- its end represents some restored hope for the most U.S. embassies still have limited opera- ences demonstrate that plicants would ei- global talent that is integral to restoring the tions and have a limited staff. As such, visa NIEs can be attained workforce and made it ther need to contact fabric of our economy. appointments at many consulates are not to accommodate travel even more of a challenge. a U.S. embassy for Despite the end of the visa ban, substantial available until later this fall and some delays that is urgent and com- an NIE exception or headwinds still exist for those needing to persist until early 2022. pelling in nature. spend 14 days in a travel internationally. Just as the pandemic The key to a suc- nonbanned country is constantly changing, the still-applicable NATIONAL INTEREST EXCEPTION cessful NIE request lies in cogently commu- before they would be able to travel to the travel bans, quarantine and COVID testing STANDARD—HOW CAN A nicating the reasons for travel along with the United States. requirements are mind-numbingly complex WORKER QUALIFY? area of critical infrastructure that would ben- and remain highly fl uid. It is important to efi t from the applicant’s earlier arrival into IS WORKING ABROAD A underscore that despite the end of the visa If impacted by the country bans, a worker the United States. Of course, it is also wise TEMPORARY SOLUTION? ban, President Joe Biden has continued the can wait until the end of the year or later for to explain the potential harm to the embassy As we have been thrust into the revolu- applicable country travel bans that affect in- a potential visa appointment or apply for if the NIE is denied. One highly important tion of remote working environments, many dividuals located in the Schengen Area, U.K., an NIE. The Biden administration revoked factor that must be considered is the issue Immigration Law continues on 8

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Kappelman did not immediately respond to According to Reed’s suit, 78% of Complaint an interview request. Attempts to speak with Fortive’s corporate leadership team are Hicks, Fortive representatives, and Willemin men and all seven of the vice presidents continued from 4 also were unsuccessful. at Qualitrol who report to McCauley are “Rather than do the right thing and remedy After Reed hired Willemin, she alleges men. Reed was one of two women who Copyright © 2021. ALM Media, LLC. All Rights Reserved. Further duplication without permission is the situation, the company, through its in- that the company ramped up the retalia- reported to McCauley. She alleges that she prohibited U.S.P.O. No. 309260 Published daily, except house counsel Doug Hicks, Esq., blew off Ms. tion and “began unlawfully surveilling” was essentially forced to resign April 12, Saturdays, Sundays and holidays. Reed and her attorney,” the complaint states. her by installing monitoring programs on because her work environment had become 1617 JFK Blvd., Suite 1665 Philadelphia, PA 19103 Phone: 215-557-2300 Fax: 215-557-2301 Reed hired an attorney, Michael Willemin, her computer that recorded keystrokes and too hostile. www.thelegalintelligencer.com a partner at Wigdor in New York, after enabled remote access to her photos and “All the while, the company still has not e-mail: [email protected] [email protected] becoming concerned that the independent audio. revealed the results of its alleged investiga- Editor-In-Chief, investigator that the company assigned to “It is perhaps unsurprising that Ms. Reed’s tion into her complaints, which were first Regional Brands & Legal Themes Hank Grezlak her case was biased in favor of her employer. complaints of sexual harassment would be made more than a month ago,” her complaint Managing Editor Max Mitchell The investigator is Seyfarth Shaw partner treated this way, as both Fortive and Qualitrol asserts. Global Director of ALM Events Sales Lynn Kappelman, who typically defends are companies run by men, and for men,” Phillip Bantz can be contacted at pbantz@ & Sponsorships Donald Chalphin Senior Director of Sales-West, employers. states the complaint. alm.com. • Marketing Solutions Joe Pavone Director Of Marketing Solutions, ALM East Carlos Curbelo Associate Editor Alexa Woronowicz • Don’t be afraid of picking up the phone cocktail tasting. We partnered with a local Copy Editor Aleeza Furman Young Lawyer to ask clarifying questions. This doesn’t distillery, received small bottles for our Magazine & Supplements Editor Kristie Rearick continued from 5 mean cold calling people, instead send a “class,” and made iconic drinks like an old Staff Reporters Ellen Bardash short email asking for a time to speak about fashioned and a whiskey sour. We had fun P.J. D’Annunzio After you’re settled, it’s still on you to whatever issue is at hand—and follow up if connecting over new happenings, old jokes Justin Henry remain engaged and connected, even when necessary. and delicious drinks. We all actively partici- Corporate Account Executive Shawn Phillips remote. This doesn’t just apply to how you to • Don’t forget about the “office drive- pated, in a defined time period, and a clear Key Account Executive Vivian DiStaso connect people, but also how you take on new by”—“pop in” via instant message or a quick agenda. This helped everyone stay engaged, Legal Notices Customer Service Anetra Smith assignments, ask questions of colleagues, call for intelligence on partner temperaments, promoted conversation, and left a clear exit Assistant Listings Editor Diane DeAngelo network with new clients, and sustain rela- pet peeves and other things to consider for time. As many of us have found, nothing is tionships with established ones. assignments. Informal conversations are still worse than a video call with no apparent end. Sometimes an email doesn’t cut it. When possible, even in the virtual landscape. At every step into a new organization, you don’t yet know someone’s tone or style Reconsider norms and repackage them. flexibility and creativity are key to well- (212) 457-9400 of speaking, it can be difficult to interpret If you used to connect with colleagues over intentioned success—and accordingly, are 150 East 42 Street, Mezzanine Level words and gauge reactions. A partner may happy hour, take it virtual! Allocate money key to success as a lawyer. The pandemic has New York, NY 10017 say an assignment is needed “ASAP.” When for colleagues to pick up a six-pack from turned our lives around, and this singular— ALM Senior Management you make a frantic phone call, however, you a local brewery, host a whiskey tasting, or and ongoing—experience has essentially CEO Bill Carter may discover that partner’s definition of partner with a local restaurant and have at- revolutionized the workspace, changing how President, Information Services Jon DiGiambattista “ASAP” means whenever you have time to home cooking classes. These are just a few we do, think, and value work. While an end President, Events and CFO Mark Fried do it by the end of the week. Suddenly you examples of fun activities to maintain bonds is in sight, the lessons we continue to learn President, Marketing Services Matthew Weiner can breathe again, and all it took was picking with colleagues, and clients. Last month, the from this experience remain—and should be Sr. VP, Human Resources Erin Dzieken up the phone! Our takeaways: women’s group at my organization hosted a retained to chart a new legal future. • Chief Technology Officer Jimi Li Chief Content Officer Molly Miller Chief Sales Officer, Paid Content Allan Milloy Rather, there can certainly be relevant global This is especially true for our international VP and GM, Legal Media Richard Caruso Immigration Law immigration visa concerns that must be ad- workforce that has always made lasting con- VP, Legal Media Sales Keith Edwards VP, ALM Legal Intelligence Patrick Fuller continued from 7 dressed, along with a potential impact on tributions to our nation’s strength and suc- employee benefits. One of the most critical cess. While we all hope for brighter days Newsroom: 215-557-2486 employers have fallen into the trap of assum- factors to assess is potential tax/substantial ahead in the very near future, the pandemic Display advertising: 215-557-2340 ing that employees can simply work for a presence issues and it is likely wise to have has taken the complex task of managing an Classified advertising: 347-227-3147 U.S. entity abroad or assume their job duties immigration counsel working in conjunction international workforce and made it even Legal notice advertising: 215-557-2332 in a different country. While these may be with appropriate international tax advisers, to more of a challenge. In order to meet the Trial listings: 215-557-2313 Subscriptions/billing/delivery: 877-256-2472 worthwhile options to consider (especially ensure that tax issues will not create unwel- challenges ahead and ultimately thrive, it is for employees who may not qualify for an come surprises down the road. critically important to understand the con- The Legal Intelligencer has been designated by the Court of NIE exception), it should be noted that such There is no doubt that the COVID-19 stantly changing immigration legal landscape Common Pleas of Philadelphia County, the Philadelphia Municipal decisions should not be made in a vacuum. pandemic has turned the world upside down. and to be prepared on all fronts. • Court, the Commonwealth Court of Pennsylvania, the Superior Court of Pennsylvania, the United States District Court for the Eastern District of Pennsylvania, and the Bankruptcy Court for the Eastern District of Pennsylvania as the official newspaper for the publication DLA Piper in Vienna, Austria, said Tuesday. not been widely adopted by law firms and of all notices in Philadelphia County. Technology Nicola Shaver, director of innovation and legal departments. However, attorneys should For authorization to photocopy items for internal or personal use, continued from 1 knowledge at Paul Hastings in New York, not be fearful of technology taking away please contact Copyright Clearance Center at: said there have been tremendous leaps in lawyers’ jobs. Shaver explained that AI is Phone 978-750-8400 | Website http://www.copyright.com said he would have to go through a pile of what artificial intelligence and machine not near the point of taking attorneys’ jobs. For customized reprints and any additional questions, data to find what the market terms were. learning tools can do. However, there has not It still requires attorneys to check its outputs please contact: Syndia J. Torres-Peña, Director Machine learning and artificial intelligence been a fundamental business model change and check the data that the machine learning Phone 877-257-3382 | Email [email protected] have changed all of that. to accommodate artificial intelligence. The analyzes. The Legal Intelligencer assumes no responsibility for failure to Now he can search through numerous da- billable hour, she said, continues to be an “It can analyze large chunks of data and report any matter inadvertently omitted or withheld from it. tabases to find the proper contract language. impediment to innovation at law firms. process that in a meaningful way—that, a Member of Pennsylvania Newspapers Association and American Court and Commercial Newspapers. Hand-delivery customers “Using AI, I [can] comb through millions of “We’ve all heard before: ‘What is the point human being couldn’t do. But that ... requires must notify the circulation department of non-delivery before documents to determine what the market for a in streamlining if it reduces the number of input; it requires a sample to learn from, and 10 a.m. to guarantee same-day delivery. Periodicals postage paid clause is,” said Mozarsky, who is now manag- hours we’re able to bill?’” Shaver said. it requires someone to interpret the data,” at Philadelphia, PA. ing director at JEGI CLARITY in New York. That has become less of an issue during the Hendrich said. POSTMASTER, send address changes to: Artificial intelligence has made great strides pandemic. However, it is still an impediment. He said once artificial intelligence is more The Legal Intelligencer, 150 East 42 Street, Mezzanine Level over the past 10 to 15 years. However, most “Bizarrely, the fact that large law is still widely adopted by law firms and in-house New York, NY 10017 law firms have not changed their business highly successful is still an impediment,” legal departments, it will give attorneys the SUBSCRIPTION RATES models to allow for widespread implementa- Shaver said. “It is still difficult to tell people chance to do more meaningful work. One Year Variable Rates tion of the technology, a panel of firm attorneys to change the way they’re doing things when “All the commodity work will be taken Single Copy $5 and technologists concluded on a panel called it’s working at bringing in an enormous over by legal technology, and leave us with TO SUBSCRIBE “Enhancing Legal Department Efficiency and amount of revenue every year.” enhanced and advanced legal analysis,” Phone 877-256-2472 | Email [email protected] Automation With the Use of AI.” The governing stereotype of attorneys as Hendrich said. “It has not been a technologically savvy conservative and resistant to change is an- Dan Clark can be contacted at dclark@ environment,” Armin Hendrich, a partner at other reason why artificial intelligence has alm.com. • VOL P. 1993 THURSDAY, APRIL 15, 2021 THE LEGAL INTELLIGENCER • 9

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at Morgan Lewis. We know Kenneth will where he focused on prosecuting public cor- move to Philadelphia and a personal move to DOJ serve with distinction.” ruption and organized crime. the partnership at Morgan Lewis. During his tenure as U.S. attorney, After stepping down from the U.S. attorney If confirmed, Polite will become the sec- continued from 1 Polite championed prevention, reentry and role for the Eastern District of Louisiana, he ond African American to lead the DOJ’s commitment to public service,” Morgan enforcement in improving public safety, ac- became vice president and chief compliance criminal division. The first, Edward Dennis, a Lewis chairwoman Jami McKeon said in cording to the Biden administration, and also officer for Entergy, an energy utility com- Ronald Reagan appointee, served from 1988 a statement. “He brings an invaluable per- advised DOJ leadership as a member of the pany and a Morgan Lewis client. When his to 1990 and became a Morgan Lewis partner spective to the DOJ from his service as Attorney General’s Advisory Committee. wife, Florencia Greer Polite, was offered after his time in the role. a former United States attorney, an in- He has also served as an assistant U.S. at- a leadership position at the Hospital of the Dan Packel can be contacted dpackel@ house counsel, and a private practitioner torney for the Southern District of New York, University of Pennsylvania, it meant a family alm.com. •

“My experience is that many firms don’t nepotism does not hurt the recruitment or RISKS AND BENEFITS Nepotism like it, but allow it if the people have really retention of attorneys who are not related That being said, many don’t see family continued from 1 strong practices,” Zimmermann said, while to a senior partner. ties as exclusively negative. As Morley noting that “You never want to have some- Merle Vaughn, a recruiter at Major, noted, some firms take pride in being a and hiring family is prevalent in many firms body in a firm who you can’t fire.” Lindsey & Africa who specializes in plac- family-run business. Segal added that hav- to this day big and small. David Morley, who led Allen & Overy ing diverse candidates, noted that nepo- ing a spousal or familial bond, if handled But addressing nepotism, or perceived for roughly 13 years, said his former firm tism, or even the appearance of nepotism, correctly, can be a boost to retention. nepotism, is never easy. While there are sev- had always taken a strong stance against can negatively affect women or racial and “You may have someone who is family eral potential risks to hiring family members nepotism, making it an expressed policy ethnic minorities. member and [be] committed not only to for a law firm’s recruitment, retention and in recruitment and internship programs. In “Referrals and nepotism are just seman- the firm but to the family member’s suc- diversity efforts, being related to a senior fact, Morley spoke out against nepotism in tics,” she said in an interview. “But to me, cess,” Segal said. “We live in a time where partner does not mean that the child or spouse civil service, law and journalism in 2009. as a diversity recruiter, referrals can act as people are leaving firms at a high rate, so of that attorney is unqualified. Family ties “It was absolutely a merit-based organiza- a perpetuator of a lack of diversity. If you they may have an interest in longer-term can be powerful retention tools and many tion. You progress by virtue of your ability are not already diverse and you are relying retention.” (often smaller) firms are proud to be family rather than by virtue of your family name,” on your existing cohort of people to bring Segal noted that another reason why businesses. Morely said. “There’s lots of good reasons you people you feel comfortable with, then nepotism policies can’t rely on hard-and- How, then, should Big Law firms address for having a no-nepotism rule, not least of you have a pretty good idea of who you are fast rules is because of personal relation- family ties? which that you’re creating opportunities for going to end up with.” ships that pop up between individuals people that might not otherwise have it.” But the advantages don’t stop at getting within the organization. Stringent anti- CASE-BY-CASE Morley notes that there were “one or two” the opportunity to interview. Once hired, nepotism policies, in his experience, force Although it may seem straightforward to examples of exceptions to the rule. In one, the referring person (or the person respon- these relationships underground, then cre- draft strong anti-nepotism policies, few law the partner related to the family member sible for the nepotistic hire, depending on ating more problems and sending a bad firms have hard-and-fast rules about nepo- was retiring and the candidate was more how you decide to view it) can often feel message to the rest of the firm. Ignoring tism and, in practice, it is rarely easy to en- than qualified for the position. But it was a sense of obligation or investment in the relationships, and the complications that force one with an even hand, said Jonathan generally understood that if a candidate was person they brought in. could arise when one person has more Segal, a partner and managing principal at related to another lawyer at the firm, they “What follows after the hire is that the power than the other, isn’t often a viable Duane Morris in Philadelphia. would be best served applying elsewhere. person who made the investment in bring- option either. Segal has seen very few formal anti-nepotism The issue with hiring family members, ing someone in really wants it to work,” In the end, Segal said, the best policy guidelines among the policies he’s reviewed for Morley said, is that even if the person was she said. “That can lead to a series of ad- hinges on communication and acknowl- Am Law 200 firms. Most often, family ties are qualified, it’s hard to shake the perception vantages, from different standards of suc- edgement, often by asking people in a re- handled on a case-by-case basis. that they got hired or got promoted because cess to the type of work they get and what lationship to notify management and avoid Legal industry consultant Kent of their last name, a sentiment echoed by clients they are introduced to.” situations involving direct supervision. Zimmermann adds that, in the same way a Zimmermann and Segal. Vaughn said this phenomenon can, and “Risks and benefits,” Segal said. “The guarantee can be thrown in as a sweetener Morley added that he believes it’s a vi- does, affect non-diverse candidates as well, key is to make sure risks are minimized and to a rainmaker, some firms have allowed able model for smaller firms and expressly but that the ramifications for diverse candi- any benefits are maximized.” partners to hire or retain family members family-run businesses, but large organiza- dates are more severe, as the opportunities Dylan Jackson can be contacted at or spouses as a retention tool. tions must be careful that the appearance of for them are often fewer and further between. [email protected]. •

a successful plan will be forthcoming soon.” from October 2018 to October 2020. The it’s owed an annual accrued interest rate of Nonpayment Court documents also included a May 12 suit alleges that the clients owe more than 6%, bumping the total amount of the firm’s email reply, in which Dougherty told Brady $3.5 million to the firm, plus a 9% annual claim to just over $211,000. continued from 1 the firm’s board is “growing impatient with interest rate. Last week the firm opted to withdraw from them, they’re much more willing to call the my forbearance on initiating collection ef- That amount is equal to 2.3% of the firm’s the case. Blank Rome declined to comment client to account for that.” forts.” Dougherty added Buchanan “is not 2020 revenue of $149.2 million. for this story. immune from cash flow challenges these In its complaint, Armstrong states the for- In another case, related to a five-figure BIG FIRMS AS PLAINTIFFS days, and the $2.7 million owed is very sig- mer clients paid legal bills invoiced through fee, Baker McKenzie sued former cli- Last summer, according to court filings, nificant to us.” July 2019, but alleges that legal bills remain ent Catherine Brentzel in June 2020 in D.C. Buchanan found itself with $2.7 million in Buchanan has annual revenue around $300 unpaid from then until September 2020, Superior Court. Last month, the court entered outstanding legal fees from Best Medical million, according to the most recent ALM when the clients informed Armstrong they judgment in the amount of $77,325.88 in the International, a medical device company data for the firm. were retaining new counsel. law firm’s favor, court records show. that retained Buchanan for patent litigation Best Medical took the firm to court in Armstrong Teasdale declined to comment against alleged infringers in which Buchanan July, alleging it had breached fiduciary duties for this story. CHANGING PERCEPTIONS was victorious. The fee is now the subject of by failing to provide monthly estimates as Blank Rome in a Jan. 8 complaint, filed Minkoff said there had been a stigma at- ongoing litigation in the U.S. District Court promised in their initial contract, which the in the Superior Court of the District of tached to firms using the court to induce pay- for the Western District of Pennsylvania. firm denies. Court records show Best Medical Columbia, claimed former clients Joseph ments from clients, because it might signal poor “Our cash flow difficulties do indeed con- failed to pay monthly payments from Sept. Gurwicz and GR Ventures of New Jersey client relationship management on the part of tinue to make it difficult to pay the Buchanan 23, 2019, through Feb. 11, 2020, citing the have outstanding legal fees for the firm’s the law firm. But that has taken a back seat in legal bill which now approaches $2.8 mil- opposing parties’ request to stay proceedings services connected to preparing and filing a recent years due to revenue pressures and stag- lion,” said James Brady, Best Medical’s in- and postponing a potential settlement. provisional patent application. nant demand, which have been ramped up by house counsel, in a May 11, 2020, email Buchanan declined to comment for this As of the date of filing, more than the COVID-19 pandemic, he said. to Buchanan CEO Joe Dougherty, that was story. 100 invoices dated from Nov. 8, 2017, “There were businesses and law firms included in court documents. “We will do ev- Armstrong Teasdale on March 17 filed a through Nov. 6, 2019, remain either par- who were affected by the pandemic in a erything we can to achieve a reasonable set- complaint in the U.S. District Court for the tially or fully unpaid, the firm alleges. Of negative way, and that increased the pres- tlement with Varian and Elekta so your firm Eastern District of Missouri against former the $485,563 in legal costs incurred by sure in these situations,” Minkoff said. “The can be fairly compensated. We appreciate clients, who the firm had represented in Blank Rome on behalf of their client, the Big Law numbers were not usually af- your willingness to continue the forbearance multiple lawsuits and in various arbitrations firm claims $187,860.85 have yet to be fected, particularly at the top levels, but the on any collection efforts and we are hopeful before the American Arbitration Association paid in full. In addition, Blank Rome said Nonpayment continues on 11 VOL P. 1995 THURSDAY, APRIL 15, 2021 THE LEGAL INTELLIGENCER • 11

has led to more aggressive behavior in especially if it’s a sort of one-off arrange- potential fee disputes from the outset of a cli- Nonpayment terms of fee collections and those kinds of ment,” Minkoff said. “Clients are faced with ent engagement. disputes,” Minkoff said. He added that the this kind of sticker shock.” “I think the pandemic has only acceler- continued from 10 rise in fee collections litigation coincides Akerman litigation partner Philip Touitou ated that effort,” Touitou said. He added that pressures that existed before the pandemic with firm protectionism in partnership said law firms are even more focused on as firms reevaluate their costs after working existed during the pandemic and will exist agreements. collections during the pandemic. He said the remotely and cutting travel expenses to zero, after the pandemic.” Expense-related pressures fall on the side crisis has “changed the dynamic” between they “may be in a better position to offer Minkoff said the industry may be in for a of clients, who are sometimes surprised clients struggling to make payments and law more flexible [fee] structures.” rise in the volume of fee collections disputes by high litigation fees and prefer to wait for firms, who work to balance accommodations “I think the benefits of law firm cost between firms and their clients, mirroring the a result to pay. for struggling clients with their own financial consciousness will work to the benefits of uptick that occurred in the mid-2010s. “The firms are more aggressive, they have pressures to make budget. clients,” he said. “Partners are under pressure to bring more tools at their disposal to get paid, Touitou added that flexible fee structures Justin Henry can be contacted at in as much money as they can, and that they’re more willing to litigate to get paid, are “here to stay” as law firms work to avoid [email protected]. •

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