The World Is Not Canceled


Olga V. Mack is the CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology.  Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat and Fundamentals of Smart Contract Security. You can follow Olga on Twitter @olgavmack.  

Continued Evolution Of Whistleblower Law

Last fall, Senators Chuck Grassley, Tammy Baldwin, Joni Ernst, and Dick Durbin introduced the Whistleblower Programs Improvement Act, which protects financial whistleblowers who report internally from retaliation. This law mirrors the Whistleblower Protection Reform Act of 2019 which passed in the House of Representatives last spring. It is similarly aimed at clarifying that the Dodd-Frank Act’s anti-retaliation provision applies equally to employees who report alleged misconduct directly to the SEC and to employees who only report alleged misconduct internally to their employers. In 2018, the United States Supreme Court ruled in Digital Realty Trust, Inc. v. Somers, 38 S.Ct. 767 (2018) that the plain language of Section 922 extends anti-retaliation protection to employees who report misconduct directly to the SEC.

Then, over the summer, the SEC announced two separate whistleblower awards which total more than $2 million.  In late July 2019, the SEC announced its award of a half-million dollars to an overseas whistleblower whose “expeditious reporting helped the SEC bring a successful enforcement action.” As it generally does, the SEC declined to provide information about the enforcement action or the identity of the whistleblower who provided the helpful information.

Then, in late August 2019, the SEC announced a second award of $1.8 million to a whistleblower who provided  information and assistance “critically important” to success of an SEC enforcement action involving improprieties committed overseas. According to the SEC, the whistleblower provided “extensive and ongoing cooperation” during the course of its investigation, including reviewing documents and providing sworn testimony. At the same time, as reported the SEC, the whistleblower further continued to provide “additional and new information” that advanced the agency’s investigation. At the same time, the SEC specifically pointed out that, because the misconduct in this case occurred overseas, absent the whistleblower’s tip and assistance, the misconduct would have been difficult for the SEC to identify.

With these most recent awards, the SEC’s whistleblower program has awarded a total of approximately $387 million to 66 individual whistleblowers since beginning the program in 2012.

Of course, this is only one area of the changing law that affects practitioners who represent whistleblowers.  At Balestriere Fariello, we constantly monitor all statutory and case developments and bring a team of ivy-league educated and big-firm trained lawyers who apply decades of prosecutorial and litigation experience to assist whistleblowers bring claims and qui tam actions at the federal level.  Because of our diverse backgrounds and both extensive and diverse complaint drafting experience, we are able to move very rapidly, which is precisely what is essential to preserve a client’s position and maximize the benefit of our courageous and savvy clients who take a stand against individual and corporate malfeasance.  Our goal has always been to provide stellar representation while working tirelessly to advance the interests of those who take a stand and who want to safeguard their honest and law-abiding colleagues as well as all fellow citizens.


Daniel McGillycuddy has over 30 years of experience in handling complex, high-stakes criminal and civil matters. He is a partner at the trial and investigations law firm Balestriere Fariello in New York, where he and his colleagues represent domestic and international clients in litigation, arbitration, appeals, and investigations. You can reach Dan at daniel.m.mcgillycuddy@balestrierefariello.com.

Legal Publishers Roll Out COVID-19 Resources, Toolkits, Alerts, Advice (Some Even Free)

(Image via Getty)

Legal publishers have thrown their considerable editorial and technical resources at crafting new documents, pages, and toolkits to help lawyers locate everything from emergency pandemic declarations to drafting an SEC disclosure about the impact of COVID-19. Lawyers need to untangle the myriad legal issues impacting virtually every area of legal practice. We are surely witnessing the emergence of a new pandemic law practice over the course of several weeks. I have summarized the landscape of tools produced by legal publishers to help lawyers get oriented and “jump start” their practice in the “new normal” of law in a time of pandemic.

Bloomberg Law has created a special resource page In Focus: Coronavirus, which offers news, guidance documents, and trackers including the State Quarantine and Public Health Laws, Court Responses to COVID-19, and international and federal agency information regarding the pandemic. The Coronavirus Tax Watch page includes the latest news on the evolving tax landscape in response to the business and economic impacts of Coronavirus; developments across federal, state, and international jurisdictions; convenient links to IRS guidance, legislative documents; and more. Subscribers can get alerts on new tax developments, including Coronavirus policy decisions and legislation by registering for Tax Regulatory Alerts. The resources are limited to subscribers. However, Bloomberg is offering 30-day free trials.

CQ.com, the legislative and policy powerhouse, has created special pages and resources. The CQ Coronavirus Pandemic page is updated 24/7 with documents, transcripts, breaking news, and more. The headlines can be viewed by anyone but access to the documents requires a subscription. There is a page with comprehensive coverage of HR6201, the Coronavirus Bill.

The Fiscal Note Coronavirus Resource page offers a nightly COVID-19 podcast of developments and a free daily newsletter that are both available to nonsubscribers. The page is aggregating ALL policy-related content (US, EU, State, etc.) that CQ is producing on COVID 19, including webinars, transcripts, reference materials, “best practice” resources, documents, news, and podcasts.

Intelligize is a LexisNexis company which focuses on securities regulatory and enforcement practice needs offers several resources. Insights and Analysis –- Intelligize editors are closely monitoring how issuers and the SEC are responding to the crisis. The Insights and Analytics page provides an analysis of what companies are doing and how they are disclosing coronavirus issues to their shareholders and the SEC. Each article includes free access to the actual filings, and where possible, they have pulled out key data points to help issuers tackle disclosure obligations as conditions evolve. Intelligize has a research team which has developed search strategies related to COVID-19 to access the information companies need quickly. Those searches are available within the product under Sample Searches. The Coronavirus and SEC disclosure has many links that prepopulate the search criteria in the product for SEC precedent on particular reporting topics.

Law.com — According to Molly Miller, Chief Content Officer at American Lawyer Media, ALM launched a free COVID-19 news site more than two weeks ago on their Instant Insights page. The ALM page provides updates on law firm and court decisions to close or stay open, tips for working from home shared by remote lawyers, as well as global updates so readers can understand not just what is happening in the US but across offices around the world. They are covering the global pandemic at the Global Lawyer page. On March 10 they posted an  article summarizing law school responses to COVID-19 with closings and online classes.

Law360.com — Last week LexisNexis announced the availability of a free Law360 newsletter dedicated to COVID-19. The newsletter includes breaking news, in-depth features, and expert analysis and commentary on all things relating to COVID-19 and the law. A press release described the content: “Its comprehensive coverage and content illuminates how the global pandemic has impacted the legal industry and the practice of law, as well as the U.S. court system, federal agencies, industries, businesses and more. “The free content is available at Law360 – Coronavirus or delivered via electronic newsletter.

Lexis Nexis — To help U.S. attorneys manage the evolving COVID-19 crisis, Lexis Practice Advisor has developed a free Coronavirus Resource Kit covering a wide range of topics across multiple practice areas, such as employment, contracts, and more. The Resource Kit addresses emerging issues and offers guidance relating to COVID-19 and the law, including content, forms, and other resource materials. The toolkit can be downloaded for free after filling out a form.

Practicing Law Institute offers members Coronavirus Developments, to inform on legal developments, changes to CLE requirements, PLI programs updates and more. They currently have an on-demand program Coronavirus: What Lawyers Need to Know.

LexBlog –-  The Coronavirus Legal Daily. The Lexblog legal publishing platform for lawyers has launched a Coronavirus news site.  The Daily aggregates blog posts from members of the LexBlog network, which includes content from the global Lexblog network. The posts include a wide range of issues arising from the Coronavirus pandemic, including legislative and regulatory developments, legal issues relating to the pandemic, court actions, practice guidance, and other legal developments.

Thomson Reuters (Westlaw/Practical Law) was one of the first to launch a Coronavirus toolkit. The Practical Law Global Coronavirus Toolkit offers collections of resources organized by country. Content includes Practice Notes, Standard Documents, Checklists, and other resources covering a range of public health emergency and disaster preparedness topics applicable to attorneys and professionals located in the UK, US, China, Australia, Canada, and New Zealand. All resources within the Key Global Response: COVID-19 section are available free of cost. In addition, the Thomson Reuters news site has a COVID-19 resources page.

Westlaw also has a custom Coronavirus page for subscribers that offers a menu of primary and secondary sources materials containing useful material related to COVID-19.

Wolters Kluwer Legal and Regulatory has a free Coronavirus page that is being curated by WK editors and includes stories and other resources related to COVID-19.

Help for print subscribers. Since many print subscribers are working remotely and  no longer have access to their print libraries Wolters Kluwer is offering online access for print subscribers under a free trial. Contact your rep for assistance.

Voxgov — Although Voxgov does not have a dedicated coronavirus page, it is a unique repository of  legislative and regulatory material gathered daily from thousands of federal websites. Coronavirus materials can be located by keyword and alerts can be set up to deliver documents related to COVID-19 from the federal government as they are released.


Jean O’Grady is a knowledge strategist/librarian/lawyer with over 30 years’ experience leading the transformation of research and knowledge services in Am Law 100 law firms. She is the author of the Dewey B Strategic blog, which monitors the evolving landscape of technologies and companies that are transforming the business and practice of law.

Naming Names: The Unsung Heroes Of The Coronavirus Pandemic

Cheryl Mostrom Cecil and Dean Seiveno

The past two weeks have felt more like two months. Awareness of the coronavirus has thankfully spread at least somewhat faster than the virus itself, and America seemingly transformed over the course of a few days from a bustling megapower to the land of 327 million shut-ins.

Things seem bleak. In no particular order: thousands have died worldwide, and countless are sick; most public gathering places are closed; employment has been disrupted; basic medical provisions are already in short supply; and our healthcare system is preparing to be overwhelmed. Meanwhile, the virus continues to spread. We’re stuck in our homes, trying to get work done, trying not to compulsively check the news for updates, and no one knows how long we’ll have to stay like this. We’re living through a period that will be taught in our grandchildren’s history books, and it’s damn stressful.

But adversity creates heroes. Within my own firm I’ve seen leader after leader stepping up and sacrificing of themselves to help their colleagues through this difficult time. While I don’t generally discuss details of my own firm in this space, today I’m breaking that rule and naming names of some — but far from all — of the extraordinary examples of foresight, hard work, and selflessness I’ve seen these past few weeks.

Everyday Greatness

You can’t prepare for a problem until you realize the problem exists, and for that I have to give huge credit to Dean Seiveno, our Chief Enterprise Officer. Dean put the coronavirus situation on the firm’s radar way back in January, when it was still seen as a distant problem confined to China. Dean saw the problem that coronavirus could grow into, however, and began working with others in the firm to plan and prepare for the issue long before it was common to do so.

A centerpiece of the plan Dean helped spearhead was equipping and training every single employee of our firm to work remotely if and when the time came. Some called the planning an overreaction — a needless exercise for something that likely wouldn’t affect the U.S. or the firm. Dean knew better. He soldiered on, working with others to put contingency planning in place while still meeting the firm’s general technology needs. Beyond that effort, Dean led the charge to coordinate with other firms’ enterprise and IT teams to share best practices and spread their knowledge as far as they could. Because of their efforts, the transition to remote working and social distancing in the office has been far smoother than it otherwise would have been.

When the shutdown began, our Chief People Officer, Cheryl Mostrom Cecil, was on the front lines. Our firm’s planning, which Cheryl played a critical role in, helped us deploy our COVID-19 plan without causing panic, but that left her in the center of a firestorm of inquiries about school closures, travel situations, PTO issues, and every other type of question that might arise about the human impact of the coronavirus. Cheryl answered every single one of those questions. She didn’t use templates; she took the time to craft a thoughtful, tailored response to every inquiry she received.

Once last week I left the office around 10 p.m. As I was leaving, I stopped by Cheryl’s office, where she was still typing up email responses. I said “I hope you’re going home soon.” She responded “I’m right behind you, I just want to get back to a few more people.” Foolishly, I believed her. She stayed up, late into the night, putting our people at ease and providing them access to resources to keep themselves and their loved ones safe. She prepared a comprehensive FAQ for the entire firm to access. She calmed fears and soothed worries.

Day after day, question after question, Cheryl keeps going. If we don’t have a policy in place, she proposes a pragmatic one. When employees need to talk, she picks up the phone. All of this has had great cost to her personal life. She’s put sleep on the backburner. She’s put her life on hold. And she’s done it for no reason other than she cares about people in ways that transcend any written job responsibilities or org chart. This is not about “doing the job” for Cheryl. It’s about doing what’s right.

Caring For Those Who Care For Others

The heroes I’ve mentioned above are extraordinary, but they’re drawn from the small subset of my colleagues I get to see on a day-to-day basis. We’ve had similar examples throughout our firm. I know there are many other brilliant, self-sacrificing people working every day to ensure operational continuity at firms and businesses around the world. There are heroes at every level, in every job, in every office, who deserve to be seen for what they’re doing.

The coming weeks and months will test even the best-prepared firms. For those firms that make it through to the other side, allow me to suggest that any success they might see probably didn’t come from a wise managing partner or a brilliant practice group chair, some great individual who saw the future and rose to meet it. Rather, the real leadership in a crisis comes from the trenches. It’s the people who don’t get the spotlight, but who put in the hours, come up with the good ideas, develop and implement the fine detail work, who make success possible. They don’t plan for accolades, and in many cases won’t receive them, no matter how meritorious their work has been. But they work tirelessly, compassionately, and thoughtfully to care for others, and for that they can’t be commended enough.

And unfortunately, they often aren’t commended enough. Undervalued MVPs like the ones I’ve described here are often not firm attorneys. As a result, they often fail to receive their full measure of credit for their accomplishments, because a law firm’s successes are usually presumed to stem principally from attorney efforts. That presumption is wrong, and it makes their accomplishments all the more noteworthy. As a rule, they’ve figured out how to do their jobs effectively and efficiently, despite the resistance they routinely receive from the lawyers they support, who tend by nature to be skeptical, critical, and resistant to change. Despite not having a J.D., or perhaps because they don’t, these humble leaders are the beating heart of any firm.

To my fellow firm leaders reading this, please do me a favor these next few weeks. While you take care of your people, look out for those who are taking care of others. Search out the people outside the spotlight who are putting others ahead of themselves, and let them know they are seen and appreciated. When push comes to shove, it’s those quiet heroes who make all the difference.


James Goodnow

James Goodnow is an attorneycommentator, and Above the Law columnist. He is a graduate of Harvard Law School and is the managing partner of NLJ 250 firm Fennemore Craig. He is the co-author of Motivating Millennials, which hit number one on Amazon in the business management new release category. As a practitioner, he and his colleagues created a tech-based plaintiffs’ practice and business model. You can connect with James on Twitter (@JamesGoodnow) or by emailing him at James@JamesGoodnow.com.

Federal Judges Botch Simple Technology In Latest COVID-19 Fail

There are a lot of interesting tidbits in this National Law Journal piece about telephonic oral arguments at the D.C. Circuit. Judges were dropped from the call during presentations, weird noises dominated the line, and they’ve already switched around the technical setup a day in.

But really the only thing that matters is the kicker Jacqueline Thomsen chose to end the piece that puts the disaster that is this whole affair into sharp relief:

The technical difficulties in Friday’s proceedings didn’t end up with the arguments: Afterward, Rogers began to ask the other judges on the line if they wanted to set up a conference call.

But an electronic voice broke in, and cut off the judge. “We’re sorry, your conference is ending now,” the voice said. “Please hang up.”

We’re all going to die.

‘It’s Kind of a Mess’: Phone Arguments Get Rocky Debut at DC Circuit During COVID-19 Pandemic [National Law Journal]


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

Sean Hannity Threatens BESMIRCHMENT Lawsuit If You Say He Called Coronavirus A ‘Hoax’

(Photo by Theo Wargo/Getty Images)

Hey, lawyers! How about a little pop quiz to break up that work-from-home tedium. Just a little flashback to 1L Torts to get those juices flowing.

Ready?

                                   is an absolute defense to defamation?

Do you need a minute?

OKAY, TIME’S UP. The answer is “truth.” Yeah, that’s a tough one. Maybe some of those lawyers at Fox, the ones who drafted all the O’Reilly and Ailes NDAs back in the day, can explain to their marquee host Sean Hannity that you can’t just sue someone for defamation because they accurately repeat what you said. Or, you can, but it doesn’t generally go well.

As Media Matters reported yesterday, Hannity is fighting mad that those losers in the lamestream media would say that he and the rest of the Fox derp squad downplayed the COVID-19 crisis and called it a “hoax.”

“I need to hire Lin Wood and Charles Harder, and just make this a test case, of slander, besmirchment, character assassination,” he huffed Wednesday on his radio show. Lin Wood represents the conservative Covington Catholic student, whom Hannity assured his listeners is “absolutely going to be a billionaire at the end of this, after what they did to that poor kid.” And Harder, after bankrupting Gawker over the Hulk Hogan sex tape, went on to represent the Trump campaign in their … creative libel suits against various media outlets.

The problem for Hannity is that he actually did call the coronavirus panic a hoax.

And he can high-horse around the studio about Joe Lockhart calling for “an honest national conversation, the toxic effect of Fox News.” But (A) that’s not “besmirchment,” and (B) see above, truth is an absolute defense to defamation.

Here, the Washington Post made a helpful video of Fox News “personalities” flip flopping on the danger of the Democrat impeachment coronavirus hoax.

No doubt NBC and Joe Lockhart are shakin’ in their boots!

Sean Hannity: “I need to hire” attorneys Lin Wood and Charles Harder, to make “test case” of media slander against Fox News [Media Matters]


Elizabeth Dye lives in Baltimore where she writes about law and politics.

Will The Bar Exam Be Postponed Due To COVID-19?

(Image via Getty)

The bar exam is administered by individual jurisdictions, not by NCBE. We are in close contact with jurisdiction bar admission agencies as they consider possible options for the July exam in the event that shutdowns and prohibitions against large gatherings remain in effect.

—  a statement from the National Conference of Bar Examiners regarding the upcoming July 2020 administration of the bar exam. The NCBE has created a webpage detailing COVID-19 updates, noting that at the moment, delays are not anticipated for the release of February 2020 MBE or MPRE scores.


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 Twitter or connect with her on LinkedIn.

COVID-19: National Guard Chief Argues Against Federal Call-Up

Gen. Joseph L. Lengyel, Chief of the National Guard Bureau, briefs reporters on COVID-19 response this morning.

UPDATED with Sen. Reed, Guard Association call for federal funds WASHINGTON: National Guard units across the country must remain available for local response to the coronavirus and should not be pulled away by a federal call-up, the Chief of the National Guard Bureau told reporters this morning.

screenshot of NGAUS letter

The National Guard Association of the US (NGAUS) appealed to President Trump to fund state call-ups of the Guard.

Six Guard members have tested positive for COVID-19 so far, Air Force Gen. Joseph Lengyel said. (Army units have already cancelled training events across the country).

“Governors in 27 states have activated portions of their National Guard,” totaling 2,050 personnel, to deal with the coronavirus, Lengyel said. But he expects that number to climb rapidly, especially as more COVID-19 test kits become available for large-scale screening efforts.

UPDATE Thursday afternoon, the influential National Guard Association of the United States (NGAUS) wrote letters to President Trump and Congressional leaders calling on them to provide federal funding for state-level mobilization. “While SAD [State Active Duty] is an effective way to quickly mobilize the National Guard in absence of a federal emergency declaration, it is an inferior duty status given the lack of typical federal military support and benefits,” the letters said, but “federally funded Title 32 orders” would allow the governors to retain their full authority while providing financial support from Washington.

Sen, Jack Reed, the ranking Democrat on the Senate Armed Services Committee, made the same call on Thursday evening: “Governors are leading the fight, but they need more federal support, and the federal government should step up and pay the National Guard out of federal coffers.” UPDATE ENDS

What could more National Guard troops do?

“We can train members of the National Guard to actually administer the tests or support civilian medical professionals,” Gen. Lengyel said. The Guard also has its own medical gear, he said, but that “is a relatively small contribution when you look at the scope and scale of what this might be across the nation. There’s trucks and there’s helicopters and there’s buses and there’s all kinds of logistics capability,” he said. Above all, “what we bring is units, units of people that can do whatever task a governor might need them to do.”

“Every state adjutant-general [i.e. senior Guard officer] and every states’ joint force headquarters is thinking and planning about how to [respond]. They’re integrated with the public health services in every state, [and can send help in] a matter of hours,” he said.

Over and over, reporters pressed Lengyel on why the White House wasn’t ordering a nation-wide call-up. Over and over, Lengyel repeated – with increasing irritation – that federalizing Guard units would legally strip them of law enforcement authorities they only have when they’re under their governor’s command, although, he noted, there’s no “demand signal” yet for Guard troops to preserve order. Worse yet, federalizing Guard units, even if they were physically left in place in their home states, would organizationally unplug them from the state-run response.

“There’s no plan I’m aware to take the National Guards in the states and put them in federal status,” Lengyel said, and he’s advised Defense Sec. Mark Esper and Joint Chiefs Chairman Gen. Mark Milley against such a call-up.

“That would not make sense in this situation,” he said. “[Let’s] use the National Guard for the unique authorities that it has [when it can] remain under the command and control of the networks in the state. Every state has a different way to deal with disasters.”

“You can get everything that you need from the National Guard more effectively and more efficiently if you leave them in a state status,” he repeated. “If you mobilize all of the National Guard, it’s going to cost billions and billions and billions of dollars, and a lot of people won’t have things to do. There is no need to have 450,000 guardsmen on duty now in any given state.”

What’s more, many Guard troops are doctors, nurses, paramedics, police, and other essential occupations in their civilian lives, so mobilizing them indiscriminately and en masse would strip key personnel from the very public safety institutions most in need of help.

If a given state government is overwhelmed and needs more military help than its own National Guard units can provide, Lengyel said, the easiest way for them to get it is not by going to the Pentagon, but by asking their neighboring states for aid under long-established Emergency Management Assistance Compacts (EMACs). The role of the National Guard Bureau, which Lengyel heads, in this crisis is to support its state-level components and, where needed, help broker inter-state aid agreements, he said.

If federalizing the Guard doesn’t help in such a dire crisis, what’s the point of being able to federalize them at all? “If we were to go to war with a major peer competitor and you needed to grow the United States Army by 350,000,” Lengyel replied. (The Air Force would grow by 100,000 if it mobilized its Guard). “That is the World War II scenario.”

But that’s not the kind of crisis we are in right now. Coronavirus is a domestic natural disaster – albeit of a uniquely widespread and insidious kind.

“When there’s a hurricane, you can see it on a map, you have a sense of how hard the storm will hit,” Lengyel said. “COVID-19 is like we have 54 separate hurricanes in every state, territory, and the District of Columbia.”

Law Firm Layoffs Amid COVID-19

Once the medical industry truly believes they have a handle on the coronavirus, we still won’t be out of the woods. No, the economic impacts — the stock market tumbles, the out-of-work hospitality industry workers, the inevitable bankruptcies — will likely plague our society for a good deal longer than the novel virus. And the legal industry is not immune to the economic effects of the pandemic.

Earlier this week, the New York City-based 50-lawyer firm of Robinson Brog made the difficult decision to layoff staff members amid the global health crisis. As managing partner Roger A. Raimond wrote in an email sent to those remaining at the firm:

[T]he Executive Committee made the decision to trim our roster to curb the potential negative economic effects we face. Although we are all saddened by the reduction of our staff, the decisions were made in an effort to maintain the firm’s long term viability. I speak for the entire Executive Committee when I say that we remain committed to each of you and I am confident that together we will get through these difficult times.

Though it is currently unclear exactly how many employees were impacted by the firm’s decision to “trim [their] roster,” we sympathize with anyone who has to deal with the anxiety of a global health crisis PLUS financial insecurity.

You can read Raimond’s full email on the next page.

A New Tool That Can Help Firms Weather The Coronavirus | Lateral Link

Lateral Link can quickly help law firms during this COVID-19 crisis by supplying short term interim attorneys who are Top 25 grads with major Am Law 200 experience who work remotely on an hourly basis on the most sophisticated litigations and transactions. These interim attorneys used to work at law firms such as Kirkland & Ellis, Gibson Dunn, Skadden Arps, and other top-tier firms. These are the same attorneys who were once billed out at $800 per hour as Biglaw firm associates and partners, and as these elite lawyers have been increasingly working as contract attorneys given their preference for flexible schedules, legal departments can access their skills and expertise at a relatively low cost. And because of their pedigree, you can still bill their clients at firm rate. 

There are many good reasons for law firms to embrace this shift especially given the current climate of the legal market. 

1) Fill Needs Quickly. On average, the permanent lateral process takes months from the identification of a need, to the onboarding of the associate. As the market conditions quickly fluctuate, using experienced interim attorneys allows firms to scale to meet their immediate demand in any practice, without the comparative lag and permanence of a traditional lateral search. In a volatile market, flexibility and swiftness are key.  

2) Lower Costs For The Same Experience. Interim attorneys require a significantly reduced commitment of overhead than their permanent counterparts. When engaged through a high-end and trusted staffing company, law firms are not responsible for the attorneys’ healthcare costs, payroll taxes, or equipment, and most firm malpractice policies cover “contractors” at no additional cost. Because interim attorneys are paid by the billable hour – no down time, no hours written off – they are guaranteed to generate a significant ROI with no downside risk.

3) Satisfy Client Needs. Senior attorneys with partner or counsel experience are widely represented among the interim attorney ranks. This means that rather than referring work away (and even when pitching for work), firms can temporarily add high-level expertise in practice areas or industries they otherwise could not service. As we are seeing so much market instability, interim attorneys allow firms to quickly scale up their offerings in countercyclical practices to hedge against losses in other practices and avoid a layoff crisis like we saw in 2009. 

4) Increase Profits Even In A Downturn. New revenues are generated not just from the interim attorney’s time, but also from the hours the firm’s permanent lawyers spend on the engagement. This income is amortized over the firm’s fixed costs (i.e., its permanent lawyers), making the firm more profitable as a whole. The same analysis applies to blending rates. Should we enter a fully-fledged economic downturn, it is in the firm’s interest to continue service to a cost-sensitive client even when it doesn’t fit within the firm’s billing structure (for example, when failure to do so could cost the firm larger engagements with this client). Adding interim attorneys allows for a lower blended rate while still providing the level of experience needed for the matter, and generating work for other members of the firm. The pedigree of our high caliber interim attorneys also allows the firm to bill at an equal rate to their permanent associates as the client is getting commiserate experience and value. 

Permanent lateral attorneys will always have an important place in the market. Savvy firms, however, can engage interim attorneys now to add flexibility in these uncertain times. As workflow remains somewhat unpredictable, firms will do well to hedge their bets on practice growth by strategically utilizing the talent pool of first-tier interim attorneys now at their disposal. As a premier provider of interim talent, we are happy to discuss your hiring needs to help you weather whatever storm comes your way. Please reach out to Jaclyn Genchi if you are interested in utilizing our flexible staffing offerings.