The Boston Lateral Partner Activity Report Year 2009 By Brion A. Bickerton Partner



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The Boston Lateral Partner Activity Report Year 2009 By Brion A. Bickerton Partner Major, Lindsey & Africa has attempted to catalogue Boston lateral partner movement in 2009. MLA calculates that nearly 90-100 partners moved out of or into the top 20 Boston law firms and out-of-state Boston branch offices during this period. An analysis of the lateral partner activity for 2009 indicates that while the economic crises starting in late 2008 prompted a number of partner moves, many more changes were the result of factors that have been historically at play. In instances where lateral partner activity seemed clearly linked to the economic crisis, two factors were at play. The most dramatic impact occurred where firms shut down their doors. Nationally, such firms as Heller Ehrman, Thelen and Thacher Profitt dissolved sending hundreds of partners onto the street. Boston was spared any such calamity with one exception; the fifteen lawyer Boston office of Philadelphia-based Wolf Block was upended when Wolf Block dissolved in early 2009. The greater impact of the economic downturn on lateral partner activity in Boston in 2009 resulted from partners being squeezed out of their firms because of diminished individual practices. To be sure, this phenomenon was not limited to the Boston market but was national and international in scope. Magic Circle firms and many AmLaw Top 100 law firms sought to maintain partner profitability numbers by reducing partner ranks. The other impact of the downturn doesn t show up in the lateral partner moves. Firms were cautious in taking on new lateral partners as a result of being more risk adverse. In part, this was a reflection of financial caution in investing in new partners whose portable books of business were less unpredictable. While a number of partner moves were involuntary or resulted from the economic crisis, many other lateral moves reflected partner dissatisfactions and motivations that have existed in good and bad times. These include the desire to change platforms (e.g., move to a multi-office or more national/international platform, or conversely move to a small firm environment), billing rate pressures, lack of firm support for a specific practice area, management issues, personality conflicts, compensation, and turmoil and unhappiness accompanying a merger. All these factors seemed at play in the various lateral partner moves that occurred in Boston in 2009. From public sources, MLA has compiled a list of the lateral Boston partner moves in 2009 identifying the partners and the firms from which and to which these partners made a lateral change. MLA predicts a highly active lateral partner market in 2010. We will continue to see fallout from a slow growth economy as firms continue to attempt to maintain or improve profitability numbers. At the same time, firms will look to build certain practice areas as part of their strategic plan. As partner portable practices become more predictable with a more stable economy, partners will be more encouraged to investigate a lateral move. Over the last ten years, the Boston market has become markedly more diverse with the influx of out-ofstate firms. Last year saw the rapid expansion of a number of out-of-state firms. With its nationwide network, MLA will be continuing to speak to firms about the possibility of opening Boston office as an option for Boston partners looking for such options. 1

BOSTON LATERAL PARTNER ACTIVITY 2009 Listed below are the key published Boston partner moves for 2009. All information is obtained from public sources.* Name Practice To From NEIL ARONSON CORPORATE GENNARI ARONSON MINTZ LEVIN GLENN ASCH TAX & ESTATE RUBIN AND RUDMAN EDWARDS ANGELL RICHARD ASOIAN BANKING HINCKLEY ALLEN & SNYDER DEVINE MILLIMET JOSEPH AYOUB, JR. ROBINSON COLE GREENBERG TRAURIG JULIANE BALLIRO LABOR /EMPLOYMENT NELSON MULLINS WOLFBLOCK THOMAS BARKER HEALTH CARE FOLEY HOAG US DEPT OF HEALTH AND HUMAN SERVICES RUSSELL BARRON INTELLECTUAL PROPERTY PEPPER HAMILTON FOLEY & LARDNER ROBERT BARRY BANK/FINANCE MORGAN LEWIS BINGHAM GENE BARTON, JR. CORPORATE PEPPER HAMILTON FISH & RICHARDSON MICHAEL BEAN CORPORATE NELSON MULLINS WOLFBLOCK ERIK BELT INTELLECTUAL PROPERTY MCCARTER & ENGLISH BROMBERG JONATHAN BANK/FINANCE MORGAN LEWIS BINGHAM BERNSTEIN JONATHAN BLACK CORPORATE DLA BROWN RUDNICK RONALD BOROD CORPORATE DLA BROWN RUDNICK LEE BROMBERG INTELLECTUAL PROPERTY MCCARTER & ENGLISH BROMBERG MICHAEL BUNIS PATENT CHOATE FISH & RICHARDSON DAVID BURNS PATENT MCCARTER & ENGLISH LAHIVE & COCKFIELD ROBERT CHOW CORPORATE PEPPER HAMILTON WILMER HALE (COUNSEL) PATRICK NELSON MULLINS MINTZ LEVIN CLENDENEN CRISTIN COWLES PATENT MCCARTER & ENGLISH LAHIVE & COCKFIELD LEE CREWS PATENT DUANE MORRIS FISH & RICHARDSON ROBERT CROWE GOVT RELATIONS NELSON MULLINS WOLFBLOCK 2

JOSHUA DAVIS LABOR /EMPLOYMENT OGLETREE GOULSTON STEPHEN DAVIS PATENT FOLEY HAMILTON BROOK SEAN DETWEILER PATENT MORSE BARNS-BROWN LAHIVE COCKFIELD DEBORAH LABOR /EMPLOYMENT OGLETREE GOULSTON DOSSANTOS EDWARD EYNON ADMINISTRATIVE LAW EDWARDS ANGELL DCI ASSOCIATES, LLC TODD FEINSMITH BANKRUPTCY PEPPER HAMILTON BROWN RUDNICK CHRISTOPHER INTELLECTUAL PROPERTY NELSON MULLINS WOLFBLOCK FINNERTY SULA FISZMAN BANK/FINANCE MORGAN LEWIS BINGHAM STEPHEN FOGG CORPORATE NELSON MULLINS LOCKE LORD STUART FROSS CORPORATE K&L GATES WILMER HALE MATTHEW BANK/FINANCE MORGAN LEWIS BINGHAM FURLONG MAYETI GAMETCHU SHERIN & LODGEN WOLFBLOCK MICHAEL GASS SECURITIES CHOATE EDWARDS ANGELL LAWRENCE GENNARI CORPORATE GENNARI ARONSON CHOATE HALL AARON GILMAN CORPORATE HINCKLEY ALLEN & SNYDER DEVINE MILLIMET LAURA GLYNN CORPORATE GENNARI ARONSON CHOATE HALL RACHEL GOULD REAL ESTATE ECKERT SEAMANS SEYFARTH MARY LAURA CORPORATE MCDERMOTT MINTZ LEVIN GREELEY PETER HALEY BANKRUPTCY NELSON MULLINS WOLFBLOCK ELIZABETH HANLEY PATENT MCCARTER & ENGLISH LAHIVE & COCKFIELD HARRY HANSON CORPORATE THE FEINBERG LAW GROUP CHOATE HALL CHRISTOPHER FINANCIAL SERVICES DECHERT WILMER HALE HARVEY JOHN F.HARVEY III TAX PROSKAUER WELLINGTON MANAGEMENT DIMITRI HERMAN CORPORATE SOLO HINCKLEY ALLEN & SNYDER DANIELLE HERRITT PATENT MCCARTER & ENGLISH LAHIVE & COCKFIELD 3

JULIA HUSTON INTELLECTUAL PROPERTY FOLEY HOAG BROMBERG BRUCE JOBSE INTELLECTUAL PROPERTY BURNS & LEVINSON KUDIRKA & JOBSE PATENT MARK JOHNSON CORPORATE COOLEY WILMER HALE KEVIN JOYCE REAL ESTATE BROWN RUDNICK NIXON PEABODY SHANANA KANODIA CORPORATE EDWARDS ANGELL WILMER HALE (COUNSEL) ELLEN KEARNS LABOR /EMPLOYMENT CONSTAGNEY BROOKS FOLEY & LARDNER RICHARD KIMBALL PRIVATE EQUITY EDWARDS ANGELL NUTTER VENTURE CAPITAL BARRY KLICKSTEIN DAY PITNEY DUANE MORRIS JOHN KOSTRUBANIC CORPORATE ECKERT SEAMANS MCCARTER & ENGLISH LAWRENCE KULIG ECKERT SEAMANS HOLLAND & KNIGHT (SENIOR COUNSEL) MICHAEL KUSHNIR CORPORATE HINCKLEY ALLEN & SNYDER DEVINE MILLIMET MATTHEW LOWRIE INTELLECTUAL PROPERTY FOLEY & LARDNER LOWRIE LANDO PATENT DANIEL LYNE CORPORATE BOWDITCH & DEWEY GSI GROUP GREGORY LYONS FINANCE DEBEVOISE & PLIMPTON GOODWIN NEIL MCKITTRICK LABOR /EMPLOYMENT OGLETREE GOULSTON ARTHUR MEYERS ERISA CHOATE SEYFARTH THOMAS MEYERS INTELLECTUAL PROPERTY BROWN RUDNICK COOLEY GODWARD LOUIS MILLER REAL ESTATE RACKEMAN CHOATE AARON MOORE INTELLECTUAL PROPERTY FOLEY & LARDNER LOWRIE LANDO BRIAN MOORE CORPORATE NELSON MULLINS LOCKE LORD DR. RHONDA MOORE INTELLECTUAL PROPERTY BURNS & LEVINSON K&L GATES SCOTT MOSKOL BANKRUPTCY BURNS & LEVINSON MINTZ LEVIN GERARD O'CONNOR CORPORATE MORSE BARNES-BROWN FOLEY KEVIN O'CONNOR DWYER & COLLORA WOLFBLOCK CARRIE OLSON INTELLECTUAL PROPERTY DAY PITNEY EDWARDS ANGELL DEBORAH PECKHAM INTELLECTUAL PROPERTY BURNS & LEVINSON K&L GATES 4

JOHN PENNY JR. PATENT NUTTER EDWARDS ANGELL GREG PETERSON REAL ESTATE TARLOW DLA STEPHEN PIKE CORPORATE DAVIS MALM EDWARDS ANGELL KENNETH REICH LECLAIR RYAN WOLFBLOCK THOMAS REILLY COOLEY MANION GREENBERG TRAURIG DONALD RICKLEFS CORPORATE NELSON MULLINS WOLFBLOCK WILLIAM ROGERS COMMERCIAL DAY PITNEY GREENBERG TRAURIG JAMES ROLLINS BANKRUPTCY NELSON MULLINS WOLFBLOCK MICHAEL DANA REAL ESTATE RUBERTO ISRAEL & WEINER DEVINE MILLIMET ROSEN JEFFREY ROSIN LABOR /EMPLOYMENT CONSTAGNEY BROOKS FOLEY & LARDNER PAUL SHAW HEALTH CARE K&L GATES BROWN RUDNICK ROBERT SILVERMAN INTELLECTUAL PROPERTY FOLEY & LARDNER LOWRIE LANDO (SENIOR COUNSEL) RALPH STONE REAL ESTATE ECKERT SEAMANS SEYFARTH CHRISTOPHER TAURO INSURANCE EDWARDS ANGELL PRIVATE PRACTICE ARTHUR TELEGEN LABOR /EMPLOYMENT SEYFARTH SHAW FOLEY HOAG ROBERT TOSTI INTELLECTUAL PROPERTY BROWN RUDNICK COOLEY GODWARD ROBERT VIGODA TAX & ESTATE RUBIN AND RUDMAN EDWARDS ANGELL SANDRA VREJAN BANK/FINANCE MORGAN LEWIS BINGHAM MICHAEL WALSH NUTTER CHOATE CARRIE WEBB OLSON INTELLECTUAL PROPERTY DAY PITNEY EDWARDS ANGELL DONNA WHITE TAX & ESTATE PIERCE ATWOOD PRINCE LOBEL JAMES WODARSKI INTELLECTUAL PROPERTY PEPPER HAMILTON MINTZ LEVIN MARIA ZACHARAKIS PATENT MCCARTER & ENGLISH LAHIVE & COCKFIELD *The above describes key market activity for the period mentioned, and is not a placement list for Major, Lindsey & Africa (although our firm did broker a subset of these transactions). 5