Legal Business

Latham sets pace for 2014 as expansive City arm hires Weil private equity partner

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For many watchers of the upper reaches of City law, Latham & Watkins has in recent years established a profile as one of the most upwardly mobile players in London, a reputation the US-based giant has moved to underline early in 2014 with the recruitment of Weil, Gotshal & Manges funds partner Nick Benson.

The move is the fifth partner hire for Latham’s City arm within the last 12 months and a further high-profile addition to the 600-partner firm’s UK buyout practice after the recruitment last April of Clifford Chance’s (CC) private equity head David Walker, which was followed up in October with the appointment of fellow CC partner Tom Evans.

Benson joins Latham from Weil Gotshal’s private funds group, where he advised sponsors and investors on the establishment and operation of private equity, infrastructure and real estate funds. He had joined the City office of Weil in 2011 as part of a four-partner team hire from CC’s funds practice.

‘Adding a private funds lawyer of Nick’s calibre is a natural extension for our private equity practice and will also be a significant addition to our global funds team,’ said Latham London managing partner Nick Cline (pictured).

‘We are one of a select group of firms to offer market-leading private equity and finance teams in all major jurisdictions. Nick’s arrival further strengthens our credentials in London, a key market for our global private equity practice,’ said Daniel Lennon, global chair of Latham & Watkins’ corporate department.

Aside from private equity, Latham made two senior laterals last year, bringing in Dean Naumowicz, former head of derivatives at Norton Rose in May; and Simon Bushell, former co-chair of corporate fraud at Herbert Smith Freehills.

Weil in contrast has seen several recent UK departures in private equity including Mark Soundy and Simon Burrows last year moving to Shearman & Sterling, though the New York-based firm remains one of the leading players in the City buyout scene. While Weil retains a large UK funds practice, there is no doubt that US advisers including Simpson Thacher & Bartlett and Kirkland & Ellis have made substantial inroads in the lucrative area at the expense of UK rivals over the last five years.

Latham’s London office now numbers 250 fee-earners and 60 partners giving the Los Angeles-bred firm one of the largest City operations built by a foreign adviser.

david.stevenson@legalease.co.uk

For analysis on the battle between US and UK firms to dominate the City private equity market see Back at the gate: US invaders raise fresh questions over private equity status of CC and Linklaters

Legal Business

Some eye watering growth statistics later and its goodbye from Latham’s Bob Dell

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When the ordinarily press-shy chair and managing partner of Latham & Watkins, Robert Dell, gave Legal Business his first-ever in depth interview in 2005, the interview began by reminding the reader that ‘Latham & Watkins used to be little more than a Los Angeles-based tax firm with ideas above its station.’

At the time of that interview Dell, who is widely recognised as one of the greatest law firm leaders of his time, had already been at the helm for ten years, since when revenues had grown an eye watering billion dollars, from $260m to $1.2bn in 2004, with profits per equity partner (PEP) having doubled from $550,000 to $1.4m.

Scroll forward almost another decade to last week’s announcement that Dell is retiring, and the most up to date comparative data again serves as a stark reminder of just how far the firm has come.

After nearly two decades and four consecutive terms in the role, revenue is up by yet another billion dollars since 2005 to $2.2bn in 2012. Profit per equity partner during that period has jumped by another million to $2.44m. The firm is right to remind us that ‘this has been achieved without mergers’.

Despite this largely organic approach Latham’s number of offices has risen from 11 at the start of Dell’s term to 31 today and headcount under his watch has increased from 586 on 31 December 1994 – the day before he took over aged just 42 – to over 2100.

And yet in spite of this rapid growth Latham has remained one of the most cohesive and consensual of the global firms, with its famously lengthy lateral hiring process entailing a potential recruit meeting around 100 Latham lawyers and visiting numerous offices before they are signed up.

Latham was also one of the first US firms to introduce a meaningful corporate governance structure and top down strategy and the culture that Dell inherited from his equally long term predecessor Clint Stevenson and fostered to this day is famously transparent and with no head office or profit centre.

Dell will retire in December 2014 at the end of his final term, allowing even a firm that is known not to rush these decisions plenty of time to find a successor. A succession committee has been appointed to ‘oversee the identification and election of a new chair and managing partner for the firm’. The committee is chaired by New York litigation partner Miles Ruthberg, with the remainder of the group drawn from across it different offices and practices.

Latham plans to conduct the election in July 2014, with the new chair working alongside Dell throughout the second half of 2014 before officially starting his or her term on 1 January 2015, when Dell is retiring completely in order to afford his successor space.

As a final matter of curiousity, how did Dell – often described as visionary – predict Latham’s future back in 2005?

‘Next is moving from a strong US firm to be one of the strong global firms, and we are in the middle of that effort.’ He added that the next five years will be about growth in London and New York, before filling out Latham’s European presence in Italy, then Spain, maybe Northern Europe and long term, maybe even after he’s gone, Latin America.

 

caroline.hill@chillmedia.co.uk

Legal Business

Deal watch: drugs are working as Covington and Latham lead on $2.6bn pharma acquisition

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The lucrative pharmaceutical sector continues to provide a corporate boon to Global 100 firms, with Covington & Burling and Latham & Watkins winning key roles on Salix Pharmaceutical’s $2.6bn acquisition of specialty pharmaceutical company Santarus, announced yesterday (7 November).

With the firm’s longstanding reputation as a leading adviser on both corporate and regulatory matters to life sciences clients a key factor behind its 44% increase in revenues over the last five years to $731m, the Covington team advising Salix is being led by corporate partners Edward Britton and Catherine Dargan out of Washington.Meanwhile, the acquisition finance team is led by finance and capital markets partners Mike Lefever and Kerry Burke. Completing the Covington partner line-up are life sciences partner Amy Toro; co-chair of the firm’s securities practice David Martin; employee benefits partner Mike Francese; food and drug regulatory co-chair Peter Safir and regulatory specialist Scott Cunningham.

Latham – itself no slouch in financial terms, increasing turnover 11% over five years to $2.2bn in 2012 – is advising Santarus, led by corporate partner and San Diego office head Scott Wolfe. The team includes employee benefits and compensation partner Jim Barrall, intellectual property partner John Wehrli, Laurence Stein in tax, finance specialist Christopher Plaut and Washington based life sciences regulatory partner Ben Haas.

Salix is financing the transaction with a combination of approximately $800m cash and $1.95bn in financing from investment bank Jefferies, with the bank committing an additional $150m in a revolving credit facility. The deal is expected to close in the first quarter of 2014.

Salix said the acquisition is driven by the company’s desire to cement its position as the number one pharmaceutical provider in the gastrointestinal market as the deal includes Santarus’s portfolio of drugs aimed at battling gastrointestinal disorders such as acid reflux.

According to data recently compiled by Bloomberg, there have been 44 acquisitions of speciality drug companies for more than $500m in the last three years. As such, the sector has kept leading M&A practices well fed recently, with Linklaters and Hengeler Mueller advising on California drugs wholesale group McKesson Corporation’s $8.3bn acquisition of German counterpart Celesio from holding company Franz Haniel & Cie last month.

david.stevenson@legalease.co.uk

Legal Business

Rising star: Latham hires Clifford Chance private equity partner Tom Evans

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Latham & Watkins has secured another heavyweight hire in London with the announcement that Tom Evans, a newly made up partner in Clifford Chance’s (CC) private equity group, is joining the firm’s corporate department.

Evans, who has been tipped as a rising star in the private equity field, follows David Walker, former global head of private equity at CC, who left to join Latham in May. The 2033-lawyer US firm has also made a series of other high profile lateral hires this year, including Dean Naumowicz, former head of derivatives at Norton Rose Fulbright, and Simon Bushell, former co-chair of corporate fraud at Herbert Smith Freehills.The London office now has 250 lawyers including 60 partners.

Nick Cline (pictured), Latham’s London managing partner, said: ‘Tom is widely regarded as a rising star and has a broad range of experience that will make him an excellent addition to the firm and particularly our private equity practice.

‘While we have seen improvements in liquidity in European leveraged finance bank lending, accessing the high yield and US bank finance markets is increasingly attractive for European private equity deals. We have a very strong global platform and a leading financing practice that presents exciting opportunities for us to grow our top tier private equity practice.’

‘Tom’s arrival will further strengthen our presence in London, a key market for our global private equity and corporate practice,’ added Daniel Lennon, global chair of Latham’s corporate department.

Latham’s private equity clients include The Carlyle Group, Advent International, BC Partners, KKR, Charterhouse, Nordic Capital and PAI Partners. Walker’s hire was widely believed to be part of Latham’s drive to cement its relationship with the Carlyle Group in Europe, as the fund is a major client of the veteran CC lawyer.

Recent private equity deals for Latham’s London office include The Carlyle Group’s acquisitions of Addison Lee and Chesapeake Packaging, BC Partners’ acquisition of Allflex Holdings and Leonard Green & Partners’ acquisition of Topshop.

david.stevenson@legalease.co.uk

Legal Business

Trainee retention: Macfarlanes & Latham reveal numbers

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Macfarlanes has become the latest City firm to decide on its trainee retention rates, with 18 out of 24 trainees – equating to 75% – being offered a permanent position at the firm.

The figure, which represents a dip on last year’s near full house of 92%, comes after three trainees were not offered a position, however two trainees did not apply for a job with the firm and one declined the permanent newly-qualified (NQ) role on offer.

According to senior partner Charles Martin, the drop in retention this year is due to a number of factors, including the preferences of those qualifying not matching the opportunities on offer, which are in turn driven by client demand and strategic priorities.

Martin said: ‘Recruiting, training and retaining the very best legal talent is fundamental to giving our clients the excellence which they expect of us. Graduate recruitment is the cornerstone of the firm. Unlike others, we have not reduced our trainee numbers materially nor do we intend to do so.

‘We are always very mindful of our wider responsibilities when we recruit for our trainee scheme. We aim for as high a level of retention as possible. The investment that is made on both sides also creates a strong incentive to make this work. Poor retention is bad business.’

The news comes as Latham & Watkins yesterday reported a retention rate of 93% after offering 13 of its 14 trainees a permanent position. The world’s third largest firm by revenue has said it will increase its trainee intake numbers, in contrast with firms including the Magic Circle’s Allen & Overy (A&O) and Clifford Chance.

Retention rates among the City’s leading firms have been largely respectable to good this round, with Linklaters, Clifford Chance and Freshfields Bruckhaus Deringer all unveiling a rate of over 80% and Slaughter and May topping the chart at 90%, although Allen & Overy trailed its rivals on 72% and announced it is to cut its trainee intake by 15% in 2015.

However, the validity of this round’s rates are being called into question following the revelation that firms including Field Fisher Waterhouse have within their so-called retention rate offered a number of NQs only a 12-month fixed term contract.

 

caroline.hill@legalease.co.uk

sarah.downey@legalease.co.uk

Legal Business

Latham, Sidley and Skadden lead the US pack in Legal 500 research

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Often hailed as one of the greatest US success stories of the last 25 years, new research underlines the elevated position Latham & Watkins has attained in the world’s largest legal market.

The Legal 500 United States 2013 edition shows Latham as the highest ranked law firm judged by the total number of recommendations, putting the Los Angeles-bred giant ahead of a string of top Wall Street firms.

The 600-partner firm received recommendations in 55 practice areas. Recommendations are calculated by the research team of The Legal 500 based on client and peer feedback and the submissions of the firms themselves, and take into account multiple factors including track record in winning cases, the complexity of deals and innovation. Latham received 20 top-tier recommendations, including listings in areas such as capital markets (equity offerings and high-yield debt offerings), project finance (lenders and sponsors), energy (renewable and transactions) and telecoms and broadcast (regulatory and transactional).

Legal Business

And the most upwardly mobile law firm is? Client feedback pushes Latham to the top of Legal 500’s US edition

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Often hailed as one of the greatest US success stories of the last 25 years, new research underlines the elevated position Latham & Watkins has attained in the world’s largest legal market.

The Legal 500 United States 2013 edition shows Latham as the highest ranked law firm judged by the total number of recommendations, putting the Los Angeles-bred giant ahead of a string of top Wall Street firms.

The 600-partner firm received recommendations in 55 practice areas. Recommendations are calculated by the research team of The Legal 500 based on client and peer feedback and the submissions of the firms themselves, and take into account multiple factors including track record in winning cases, the complexity of deals and innovation. Latham received 20 top-tier recommendations, including listings in areas such as capital markets (equity offerings and high-yield debt offerings), project finance (lenders and sponsors), energy (renewable and transactions) and telecoms and broadcast (regulatory and transactional).

Sidley Austin came out in second place for total recommendations, with 52 listings. Only shortly behind in third place with 51 total recommendations was New York’s Skadden, Arps, Slate, Meagher & Flom, followed by Morrison & Foerster with 49. Fifth-ranked Covington & Burling had 44 recommendations, with the latter benefiting from the sharp increase in regulatory work in its Washington DC heartland.

The picture is different when it comes to top-tier recommendations, with Latham leading the pack just ahead of a group of elite New York law firms. Simpson Thacher & Bartlett came out in second place with 17 top-tier recommendations, Skadden in third place with 16, and Davis Polk & Wardwell and Sullivan & Cromwell followed with an equal 14.

Notably, Hogan Lovells, which as pre-merger Hogan & Hartson had 14 recommendations in 2009, now occupies 13th position in the total recommendations table with 36 listings and joint tenth for top-tier recommendations with seven listings.

The recently published findings also underline the continued relative lack of penetration by London’s top firms in the US. In 37th place, Clifford Chance, with established offices in New York and Washington DC, is the highest-ranking Magic Circle firm for total recommendations. Allen & Overy ranks 68th, Freshfields Bruckhaus Deringer in 71st place and Linklaters in 84th place.

The Legal 500 currently ranks just over 300 leading law firms in the US. The Legal 500 publishing director David Burgess commented: ‘If you think how long it’s taken for the Magic Circle firms to get a foothold in the US, it doesn’t bode well for Herbert Smith Freehills in New York. Considering their size, quality and global footprint, it’s clear that the Magic Circle firms are not resonating as well with clients as they would expect, or like to.’

 

francesca.fanshawe@legalease.co.uk

Legal Business

Global 100: Latham & Watkins

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Despite facing considerable reverses in the wake of the 2008 banking crisis – which saw a sharp fall in revenues and profits in its 2009 financial year – the US-based Latham & Watkins looks to have settled back into a solid upward track.

The Los Angeles-bred firm had another robust year in 2012, reinforcing its position among the global elite with a 6% growth in net profits to over $1bn. After achieving top quartile growth for the 2011 financial year, revenue growth was this time more subdued, rising 3% to $2.22bn while profit per equity partner (PEP) rose by 8% to $2.4m. In the last full boom year of 2007, Latham posted revenues of $2bn, against PEP of $2.27m.

Legal Business

Comment: A star signing is one thing but who needs a lateral?

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The worlds of business, politics and sport have since the 1970s fallen increasingly under the spell of the star individual and law has been anything but an exception. As partnership mitigates the heaviest excesses of the winner-takes-all compensation cultures seen in banking, sports and plc management, in law the star culture has manifested to a considerable extent via the partner recruitment market.

The emergence and massive expansion of this international bazaar for senior legal talent over the last 25 years has had a profound impact on the profession – often unhappily so.

This has happened despite widespread acknowledgement that the returns on partner recruitment are patchy – a finding backed by a significant and growing body of research. Compared to internal candidates, external recruits are more expensive even without counting direct recruitment costs, prone to fail in the first two years and more likely to leave. Added to which is the fundamental difficulty of accurately identifying and then persuading key business influencers to move.

Sound familiar?

Yet if such problems are rife in the legal profession, the impact of the sustained downturn in Western economies has done little to deflate the partner bubble. If anything, the upwardly mobile US law firms that have increasingly defined the partner recruitment market at home and abroad have pushed this merry-go-round towards even more aggressive levels.

And this has happened during a period in which the record of partner recruitment has arguably become worse not better. When partners first began moving in the late 1980s, a path was provided for ambitious and driven individuals to find better platforms or just check out of firms going nowhere. Those hires generally did well because there was a clear economic rationale for the move on both sides. The last decade has seen the emergence of a genuinely sideways market for partners who are just moving, well, laterally.

That’s not to suggest that all of this recruitment is irrational. Some firms have used partner recruitment to effectively super-charge their growth, with Latham & Watkins, Kirkland & Ellis and DLA Piper being among the most striking examples in recent years. The poor overall performance of lateral recruitment has always masked the vast discrepancies in individual performance.

Here is our assessment of the track record of partner recruitment: a small group of firms use it very effectively to deliver great results. A much larger group gets returns barely worth the effort once you account for the time and costs of recruitment. What’s left is another minority that performs so badly that firms in the club actually damage their business. But law – like many fields – remains poor at identifying the formula for success.

We consider the experience of a handful of the transferring partners that have excelled in this month’s edition and there are common factors in what makes a star signing an actual success, but it’s never easy. In essence, firms should be strongly biased towards organic progression unless there is a compelling, clear strategic reason to go to market. Then you must have a senior candidate that actually fits the bill and is energised about the opportunity of your team. The best lawyers don’t do it for the money or a home. They do it for the game. They play to win.

alex.novarese@legalease.co.uk

Legal Business

Latham picks up three-partner Shearman team for Düsseldorf launch

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Latham & Watkins is to further expand its German corporate capability with the launch of a Düsseldorf office after hiring a three-partner team from US rival Shearman & Sterling.

Corporate and M&A partners Harald Selzner, Rainer Wilke and Martin Neuhaus will spearhead the new office, while Latham has also hired Shearman corporate litigator Markus Rieder to join its Munich office.

The hires – which come following Shearman’s announcement that it is to close its Düsseldorf and Munich offices  – are in line with Latham’s strategy to extend its corporate reach.

According to Munich managing partner (MP) Thomas Fox – who will also serve as the new MP of Düsseldorf – the firm is looking for German partners with German connections that can raise the firm’s client base with the likes of DAX 30 companies. Those include Eon, holding company Tengelmann Group, car manufacturer Daimler and Allianz, as well as large family-owned German mid-sized companies.

The new corporate team, which will be boosted by the transfer to Düsseldorf of Frankfurt litigation partner Christine Gartner, will advise on domestic and cross-border M&A and high end public company representation and complex disputes matters. The new office is expected to open at the end of May. Latham also has a presence in Hamburg and Frankfurt.

Latham’s chair and managing partner Robert Dell said: ‘We are focused on growing our business with blue chip industrials and other multinational companies, and this team fits our strategy perfectly. Our newest office in Düsseldorf, one of the world’s major industrial centers and a hub for manufacturing excellence and innovation, will be a key gateway for the strategic growth of our corporate capability.’

Joerg Kirchner, vice chair of Latham & Watkins’ global corporate department added: ‘The anticipated arrival of this team follows several significant lateral partner additions in London, continental Europe and the US; all of whom bring profound talents and will contribute significantly to the growth of our corporate and litigation capability.’

Allen & Overy recently hired Shearman Düsseldorf corporate partner Hans Diekmann for its local office.

jaishree.kalia@legalease.co.uk