More Biglaw Merger Mania As Am Law 100 Firm Looks To Expand In The Pacific Northwest – Above the Law

Fresh

off
the
news

that
Troutman
Pepper
Locke
is
set
to
premiere
in
January
2025
comes
news
that
another
Biglaw
firm
is
hard
launching
their
merger
at
the
same
time.
Today,
Am
Law
100
firm
Ballard
Spahr

announced

they’re
merging
with
Pacific
Northwest
firm
Lane
Powell.
Effective
in
the
new
year,
Lane
Powell
will
take
on
the
moniker
Ballard
Spahr.

The
combined
firm
will
have
750+
attorneys
across
18
U.S.
offices.
And
it’s
a
real
shot
in
the
arm
financially
too.
Based
on
2023
numbers,

the
combined
firm

will
have
$586
million
in
revenue,
the
bulk
of
which
($484M)
comes
from
the
legacy
Ballard
Spahr
firm.
This
will
likely
shoot
Ballard
Spahr
14
or
so
places
up
the
Am
Law
ranking.

Of
the
merger,
Ballard
Spahr
Chair
Peter
Michaud
said,
“Lane
Powell
is
a
first-rate
law
firm
with
strength
in
areas
we
want
to
expand
and
an
excellent
reputation
in
a
region
that
is
a
strategic
priority
for
our
firm
and
our
clients.
The
lawyers
have
the
skill
and
experience
to
help
our
clients
solve
their
most
complex
challenges.
Our
firms
share
strength
in
litigation,
transactions,
and
real
estate.
And
we
have
a
number
of
clients
who
would
like
to
see
us
expand
to
the
Pacific
Northwest.
On
top
of
all
that,
the
lawyers
and
business
professionals
at
Lane
Powell
are
terrific
people
who
share
our
values
and
our
commitment
to
clients.
I
came
to
Ballard
through
its
merger
with
Lindquist
&
Vennum
in
2018.
That
combination
was
an
extraordinary
success
for
our
clients,
our
lawyers,
and
our
firm.
This
one
holds
as
much
promise.”




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

Midlevel Biglaw Associates Are Pretty Mad About How Awful The Technology Is At Their Firms – Above the Law

The
American
Lawyer
recently
revealed
its
2024
midlevel
survey,
which
showed
us
that

midlevels
are
frustrated

by
their
firms’
attempt
to
“return
to
pre-pandemic
norms,”
because
all
they’ve
known
during
their
careers
are
pandemic
norms.
On
top
of
that,
they
continue
to
be
absolutely
infuriated
by
their
firms’
technical
prowess

or
should
we
say,
the
lack
thereof.

As
part
of
Am
Law’s
annual
midlevel
survey,
associates
were
asked
to

rank
their
firms
on
all
things
tech
,
and
boy
oh
boy,
are
they
pissed.
How
mad
are
they?
As
noted
by
Am
Law,
“despite
the
growing
cash
flow,
midlevel
associate
attorneys
at
some
of
the
nation’s
top
firms
claim
their
workplaces
aren’t
investing
enough
in
technology.”
Here’s
more:

In
this
year’s
Midlevel
Associate
Tech
Survey,
a
number
of
associates
at
top
firms
once
again
told
The
American
Lawyer
they
were
frustrated
by
their
firms’
lack
of
tech
savviness
and
willingness
to
upgrade
equipment.
This
echoes
complaints
from
last
year,
and
it
should
be
noted
that
the
survey
regularly
elicits
similar
criticisms
about
some
of
the
world’s
richest
law
firms’
technology.

Which
firms
are
making
midlevels
gripe
the
most
about
their
tech
setups?
Am
Law
rounded
up
complaints
from
midlevels
at
firms
that
will
make
you
want
to
close
your
head
inside
your
laptop.
Here
are
some
examples:

  • Covington
    &
    Burling
    (“The
    technology
    is
    still
    quite
    poor
    for
    a
    firm
    of
    its
    size,”
    said
    one
    associate,
    while
    another
    said
    the
    firm’s
    tech
    is
    “abysmal.”);
  • Greenberg
    Traurig
    (where
    one
    associate
    said
    they
    were
    surprised
    by
    “how
    bad
    the
    technology
    is,”
    and
    that
    they
    “frequently
    need
    laptop
    batteries
    replaced
    because
    they
    are
    ‘about
    to
    explode.’”);
  • Skadden
    (where
    an
    associate
    griped
    that
    the
    firm
    is
    “[n]ickel
    and
    diming
    associates
    over
    technology
    expenses”);
    and
  • Gibson
    Dunn
    (“When
    most
    associates
    bill
    out
    at
    more
    than
    $1,000/hour,
    it’s
    embarrassing
    that
    the
    firm
    is
    so
    unbelievably
    cheap
    on
    its
    technology,”
    said
    a
    midlevel).

Enough
about
the
firms
with
tech
that’s
making
midlevel
associates
angry

let’s
get
to
the
rankings.
Which
firms
landed
on
top
when
it
comes
to
their
technology?
Here
are
the
top
10,
courtesy
of
Am
Law:

  1. Blank
    Rome
  2. O’Melveny
    &
    Myers
  3. Morgan
    Lewis
    &
    Bockius
  4. McDermott
    Will
    &
    Emery
  5. Baker
    &
    Hostetler
  6. Orrick
  7. Paul
    Hastings
  8. Kirkland
    &
    Ellis
  9. Snell
    &
    Wilmer
  10. Ropes
    &
    Gray

Click

here

to
see
the
full
list.

Congratulations
to
all
the
firms
that
earned
good
grades
on
this
list!
Hopefully
Biglaw
firms
that
received
low
ratings
will
figure
out
a
way
provide
the
tech
upgrades
their
midlevel
associates
need.


Lame
Laptops,
Batteries
‘About
to
Explode’:
Midlevel
Associates
Angered
by
Lack
of
Tech
Investment

[American
Lawyer]



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Mitigating M&A Cyber Risk: Pre- & Post-Acquisition Due Diligence – Above the Law

Robust
cybersecurity
and
due
diligence
on
a
potential
target
are
imperative
in
the
face
of
escalating
cyber
threats
and
regulatory
expectations.
Comprehensive
pre-
and
post-acquisition
due
diligence
help
safeguard
the
buyer’s
investment
by
identifying
and
mitigating
information
security
risks
associated
with
the
transaction.
This
includes
defining
and
implementing
minimum
standards
for
an
acquisition
not
immediately
integrated.


Why
M&A
cybersecurity
due
diligence?

  1. Serves
    as
    a
    crucial
    risk
    mitigation
    tool
    to
    uncover
    undisclosed
    breaches
    and
    better
    assess
    the
    time
    and
    cost
    required
    to
    bring
    target
    up
    to
    defined
    information
    security
    standards.
  2. Provides
    leverage
    in
    negotiations
    for
    purchase
    price
    adjustments
    and
    additional
    representations/
    warranties
    by
    the
    seller.
  3. Identifies
    ways
    to
    reduce
    insider
    threats,
    stemming
    from
    potential
    job
    security
    concerns
    of
    target’s
    employees.
  4. Positions
    the
    buyer
    to
    capitalize
    on
    the
    Self-Disclosure
    Compliance
    Safe
    Harbor
    Policy
    from
    the
    US
    Department
    of
    Justice.
  5. Reduces
    regulatory
    and
    third-party
    litigation
    exposure
    to
    the
    buyer,
    as
    well
    as
    whistleblower
    risk.


Representative
cyber
due
diligence
work
streams
pre-acquisition

Mitigate-Escalating-M&A-Related Cyber-Risk-Table1b


Representative
cyber
due
diligence
activities
post-acquisition

We
invite
you
to
reach
out
to
continue
the
conversation
around
ways
to
reduce
information
security
risk
associated
with
a
transaction,
and/or
other
forensic
areas
of
interest,
such
as
fraud,
theft
of
trade
secrets,
cybercrime,
accounting
irregularities,
export
controls
and
sanctions
compliance,
bribery
and
corruption,
and
anti-money
laundering.


About
CRA


CRA’s
award-winning
Forensic
Services
Practice

leverages
the
experience
derived
from
conducting
thousands
of
cyber
incident
response
investigations
to
help
clients
proactively
reduce
business
and
compliance
risk,
including
cyber
risk.
Recent
accolades
include
being
named
CrowdStrike’s
Americas
Engagement
Licensing
Program
Partner
of
the
Year
and
Tanium’s
Information
Security
Innovation
Partner
of
the
Year.
Numerous
colleagues
have
been
recognized
by
Who’s
Who
Legal
and
included
in
The
Consulting
Report’s
list
of
“Top
Cybersecurity
Consultants.”



Contact


Kristofer
Swanson,
CPA/CFF,
CFE,
CAMS

Vice
President
and
Practice
Leader,
Forensic
Services
+1-312-619-3313
|

[email protected]


Aniket
Bhardwaj,
GREM,
GCIA,
GNFA,
GCFA

Vice
President,
Forensic
Services
+1-416-323-5574
|

[email protected]



CRA’s
Forensic
Services
Practice

including
our
digital
forensics,
eDiscovery,
and
cyber
incident
response
lab

is
certified
under
ISO
27001
standards.
The
Practice
has
been
recognized
by
National
Law
Journal,
Global
Investigations
Review,
and
ranked
by
Chambers.
CRA’s
clients
over
the
past
two
years
included
97%
of
the
Am
Law
100
law
firms,
and
82%
of
the
Fortune
100
companies.

Kamala Harris, Code-Switching, And Being Alive – Above the Law

(Photo
by
BRENDAN
SMIALOWSKI/AFP
via
Getty
Images)

Last
month,
Kamala
Harris
gave
a
speech
in
Atlanta
using
a
slightly
different
dialect
than
she
usually
does.
Republicans
accused
Harris
of
using
a
fake
southern
accent
and
thus
pandering
to
her
audience.

John
McWhorter
then
wrote
column at The
New
York
Times
about
what
Harris
had
done:
“Code-switching,”
or
alternating
between
dialects
depending
on
the
circumstances.
McWhorter
explained
that
Harris
had
been
speaking
in
Black
English
in
Atlanta,
which
let
Harris
connect
more
easily
with
her
audience,
and
Republicans
confused
that
dialect
with
a
southern
accent.

Last
week,
Jesse
Watters
(of
Fox
News) continued
to
criticize

Harris
for
changing
dialects
when
she
speaks
before
different
audiences.
Watters
compiled
a
video
of
the
different
dialects
that
Harris
has
used
on
different
occasions,
again
accusing
her
of
pandering.
Democrats
in
turn
accused
Watters
of
criticizing
Black
culture
and
using
racist
dog
whistles.

My,
my.
Is
McWhorter
right?
Do
we
really
change
words
or
dialects
depending
on
the
situation,
or
is
this
some
kind
of
pandering?

To
think
about
this,
I
naturally
focused
on
the
specimen
I
know
best:
myself.

I’m
a
white,
English-speaking
guy
from
New
Jersey.
When
people
ask
where
I
grew
up,
I
code-switch,
depending
on
the
situation.
In
a
highbrow
situation,
I
grew
up
in
Princeton;
in
a
lowbrow
situation,
I’m
from
Trenton.

But
there’s
more!

In
New
Jersey,
big
roads
that
cross
large
sections
of
the
state
are
called
“turnpikes.”
When
I
moved
to
Los
Angeles,
I
started
calling
the
same
roads
“freeways.”
In
New
Jersey,
the
contraption
that
kids
slide
down
at
a
playground
is
called
a
“sliding
board.”
I
thought
this
terminology
was
completely
normal
until
I
moved
away.
Now,
like
virtually
all
Americans,
I
call
the
contraption
a
“slide.”
In
New
Jersey,
I
would
occasionally
drink
a
“soda.”
In
Chicago,
where
I
live
now,
I
can’t
bear
to
call
that
drink
a
“pop,”
but
I’ve
settled
on
“soft
drink”
to
better
communicate
with
the
locals.

I
lived
in
London
for
six
years.
When
people
asked
about
my
living
arrangement,
I’d
tell
them
that
“I
have
an
apartment
in
Chicago
and
a
flat
in
London.” 
Remarkable:
“Flats”
and
“apartments”
are
exactly
the
same
thing,
but
my
mind
code-switched
in
midsentence
to
account
for
my
instantaneous
mental
journey
across
the
Atlantic.
At
restaurants
in
London,
once
I
got
passed
my
confusion,
I
would
order
aubergine
or
courgette
as
vegetables,
even
though
I
would
have
ordered
eggplant
or
zucchini
in
the
United
States.
When
I
told
my
son,
Jeremy,
that
we
couldn’t
take
my
father-in-law
to
a
nearby
London
Underground
station

“because
there’s
no
lift
to
the
tube
at
Oxford
Circus”

Jeremy
accused
me
of
having
gone
“all
British”
on
him:
“You
couldn’t
say
there
was
no
elevator
down
to
the
subway?”

See?
You
can
be
criticized
for
forgetting
to
code-switch.

There
are
situations
in
which
I
curse

because
those
words
best
convey
my
meaning.
And
there
are
situations
in
which
I
do
not
curse

because
cursing
would
be
wrong.
I’m
thinking,
for
example,
about
cursing
in
a
house
of
worship
or
when
I’m
in
the
presence
of
my
2-
and
4-year-old
granddaughters.

I
do
this
even
in
written
work:
When
I
write
a
legal
brief,
I’m
very
staid
and
formal.
That’s
the
nature
of
legal
briefs.
When
I
occasionally
wrote
law
review
articles
in
my
youth,
it
was
the
same
deal:
Informal
writing
didn’t
fit
the
situation
and,
in
any
event,
would
never
have
survived
the
editor’s
pen.
I
wrote
formally.

Now,
when
I
write
for The
Daily
Beast
,
I
can
let
down
my
hair
a
little.
That’s
an
outfit
that
likes
humor
and
interesting
turns
of
phrase.
I
write
to
my
audience.

Things
that
sound
completely
ordinary
to
an
editor
(or
reader)
at
The
Daily
Beast
just
ain’t
gonna
fly
in
a
legal
brief
or
an
article
at
The
New
York
Times.
That’s
the
nature
of
things.

And,
of
course,
the
phrase
“ain’t
gonna
fly”
ain’t
gonna
fly
even
at
The
Daily
Beast.
But
we’re
not
at
The
Daily
Beast:
We’re
at Above
the
Law,
and
damn
near
anything
flies
here.

So
don’t
blame
Kamala
Harris
for
code-switching.

We
all
code-switch
in
endless
situations.

Our
words,
spoken
or
written,
conform
to
the
setting.
Things
that
would
communicate
in
one
forum
are
forbidden
in
another.

IMHO.

LOL.




Mark 
Herrmann


spent
17
years
as
a
partner
at
a
leading
international
law
firm
and
later
oversaw
litigation,
compliance
and
employment
matters
at
a
large
international
company.
He
is
the
author
of




The
Curmudgeon’s
Guide
to
Practicing
Law
 and Drug
and
Device
Product
Liability
Litigation
Strateg
y (affiliate
links).
You
can
reach
him
by
email
at 
[email protected].

Get Ready For A Massive New Biglaw Firm In 2025 – Above the Law

It’s
really
happening,
you
guys!
After

months
of
speculation
,

delays
,
and
partner

grumblings
,
Troutman
Pepper
Hamilton
Sanders
and
Locke
Lord
will
officially
become
Troutman
Pepper
Locke.
Late
last
week,
partnerships
at
the
two
firms
voted
to
approve
the
merger,
which
will
be
effective
January
1,
2025.

Expectations
for
the
new
combined
firm
are
high.
Based
on
2023
financials,
Troutman
Pepper
Locke
will
enter
the
Am
Law
50.
It’s
looking
like
the
combined
firm
will
clock
in
with
~$1.570
billion
in
revenue
with
about
1,600
attorneys
in
35
offices.
Not
too
shabby.

As

reported
by

Law.com,
the
leadership
team
of
the
combined
firm
is
set
as
well,
with
the
bulk
of
it
coming
from
the
legacy
Troutman
firm.

Troutman
Pepper
chair
Tom
Cole
will
retain
his
position
in
the
combined
firm,
according
to
the
merger
announcement,
while
Locke
Lord
chair
David
Taylor
and
Troutman
Pepper
vice
chair
Ashley
Taylor
will
both
serve
as
vice
chairs.
Amie
Colby,
the
managing
partner
of
Troutman
Pepper,
will
remain
the
managing
partner
of
the
combined
firm.

Cole

spoke

on
the
excitement
for
the
new,
bigger
firm,
saying,
“The
reasons
for
this
merger
go
beyond
complementary
areas
of
practice.
Our
firms’
shared
dedication
to
client
service
and
excellence
will
allow
us
to
offer
increased
value
to
our
clients.
We
are
enthusiastic
about
collaboratively
building
upon
our
experience
with
the
clients
that
we
already
serve
and
introducing
Troutman
Pepper
Locke
to
new
clients
and
markets.”

With
David
Taylor
noting,
“The
expanded
footprint
of
Troutman
Pepper
Locke
will
allow
us
to
offer
a
far
deeper
bench
of
attorneys
to
advise
clients
on
complex
transactional,
litigation,
and
regulatory
matters.
In
addition,
our
lawyers
are
aligned
on
core
values
with
a
commitment
to
innovation,
inclusion,
and
pro
bono
service.”




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

Morning Docket: 09.09.24 – Above the Law

*
Biglaw’s
decision
not
to
match
Milbank’s
bonuses
may
speak
to
firm
power
in
the
lateral
market.
Or
they
could
just
be
lazy
and
planning
to
make
everyone
whole
in
a
month
or
two.
[American
Lawyer
]

*
The
antitrust
showdown
over
Google’s
online
advertising
practices
begins.
[Reuters]

*
Trump’s
decision
to
delay
sentencing
could
backfire
if
he
reaches
the
hearing
because
it’s
a
lot
easier
to
justify
jailing
a
candidate
when
there’s
no
risk
that
it
influences
an
election.
[Yahoo]

*
Trump
bashes
all
his
lawyers
in
public
and
they
just
sit
there
and
take
it.
[The
New
Republic
]

*
Bankruptcies
increase
following
legalized
sports
gambling,
placing
Notre
Dame
in
6-way
parlays.
[Bloomberg
Law
News
]

*
Marc
Elias
sits
down
to
discuss
the
work
being
done
to
fight
the
next
round
of
election
interference.
[New
Yorker
]

*
ERISA
turns
50.
Pretty
soon
it’ll
have
to
worry
about
the
market
wiping
out
all
of
its
savings.
[Arizona
Republic
]

Welshamn Ncube makes new CCC appointments

Welshman
Ncube,
acting
president
of
CCC,
issued
a
statement
today
confirming
that
Honorable
Willias
Madzimure
and
Kuraone
Chihwayi
have
been
appointed
to
key
roles
within
the
party.

Honorable
Willias
Madzimure
will
take
up
the
position
of
Secretary
for
Information
and
Publicity,
effectively
serving
as
the
Party
Spokesperson.


Meanwhile,
Kuraone
Chihwayi
has
been
named
Presidential
Spokesperson.
These
appointments
are
effective
immediately.

Additionally,
the
statement
confirmed
that
Honorable
Discent
Bajila
will
continue
his
role
as
Deputy
Spokesperson.
Ncube
emphasized
that
the
appointments
are
intended
to
improve
the
party’s
communication
efficiency
and
effectiveness,
bolstering
its
capability
to
disseminate
information
to
the
public
more
effectively.

These
appointments
come
as
the
CCC
aims
to
streamline
its
communication
efforts
and
enhance
its
public
engagement
strategy
ahead
of
upcoming
political
challenges.

Zimbabwe turns to private firms to boost freight rail volumes

<br /> Zimbabwe<br /> turns<br /> to<br /> private<br /> firms<br /> to<br /> boost<br /> freight<br /> rail<br /> volumes



8.9.2024


23:24

Zimbabwe’s
heavy
reliance
on
coal-based
energy
is
hurting
the
health
of
people
in
mining
regions
who
continue
to
be
exposed
to
dirty
air
from
coal
burning.
Columbus
Mavhunga
visited
the
Hwange
thermal
power
station
and
the
surrounding
area,
where
residents
have
complained
about
the
air
pollution.

Post
published
in:

Business


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