Monthly Archives: June 2010

California Legal Market Trends Watch: Regulatory Attorneys

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We at Swan Legal Search have been noticing an interesting trend — Washington D.C. and the regulatory attorneys working there are no longer the legal “nerds.”  They’re quickly becoming very, very popular in California.  Particularly in the Silicon Valley.

Daniel J. Herling, an attorney at Keller & Heckman LLP in San Francisco shares a little of his insight on this very new, and very promising, legal trend in California.

I’m seeing an across-the-board increase in activity in all regulatory agencies – they are ratcheting up enforcement.  I’m noticing more subpoenas going out (for example,  OSHA is more aggressive and FDA is implementing more recalls as is the CPSC). 

Keller & Heckman is involved in both the regulatory and litigation aspects.  There’s been talk for some time, but I’m starting to see increased activity on the part of the Government.  The Obama administration is certainly having a different attitude toward regulation than prior administrations. 

As a result, Keller & Heckman, has felt the need for more litigation assistance due to these shifts, and the San Francisco office has grown accordingly.  (In fact, the office is currently seeking a litigation partner who can sustain himself/herself with portable business.  (Speak with Delia at Swan Legal Search regarding details about this opportunity. )

In addition to growth in California, our Washington D.C. office has also been busy addressing various recall issues on the regulatory side.  Often the regulatory issues evolve into litigation.  For example, recently a client had to take some product off the shelves at a major box store and sought relief from its supplier.  The supplier refused, and a complaint was filed in Federal court and ultimately resolved through mediation. 

I predict more work on the horizon in light of the Green Chemistry Initiative which is supposed to go in to effect in California shortly.  Unlike Prop 65, which had a specific enforcement regimen, the GCI has no mention of enforcement in the statute.  Issues such as what is a “chemical of concern” will inevitably lead to litigation.  A lot it will depend upon the new California Attorney General, and her/his views.  B&P Section 17200 may also create opportunities  for a private attorney general  actions pursued under.  These are, indeed, interesting times.

Dan is a partner at Keller & Heckman and recently had a major success in a breach of contract and lack of good faith and fair dealing case.  Founded in 1962, Keller & Heckman’s nationally-recognized litigation attorneys represent clients’ interests before federal and state courts, and regulatory and industry sanctioned bodies.  The firm has offices in Washington, D.C., Brussels, San Francisco and Shanghai.

Capital Market Deal Flow on the Rise

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After the devastation of late 2008 and much of 2009, to the delight of most transactional attorneys, the U.S. capital markets have seen a recent resurgence.  According to Renaissance Capital, there were 63 U.S. IPOs in 2009.  That amount has almost been matched in 2010 with 51 so far and there are still six months left in the year.  As further evidence of the improved capital market conditions, private equity funds have jumped on the bandwagon to increasingly use IPOs and secondary offerings as exit strategies for investments in which they have been locked-in for some time.

Pitchbook notes steady growth in both types of exit strategies in the fourth quarter of 2009 and the first quarter of 2010 relative to prior periods.  Similar activity is being seen in the venture capital industry; the first quarter of 2010 has already matched the eight venture backed IPOs in all of 2009.  In terms of industries that have seen the greatest growth in the number of IPOs, it’s been technology, financial and real estate.

With Los Angeles being home to large banking/financial and real estate industries, it is foreseeable that law firms servicing these types of capital markets in Los Angeles are witnessing some of the rewards of this increased market activity.  It is hard to foresee whether intervening events like Greece’s financial woes will curtail activity, but there is a general sense in the field that the positive momentum may very well continue.

Post by Alex Shukhman, attorney at Goodwin Procter LLP in Los Angeles.

Finding a job in the California Legal Market

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How is the job search different in the current California Legal Market?  What should brand new attorneys do if graduating without a job (and most of them are)? These questions and many more are answered this week in the Swan Legal video. 

Above all else, don’t give up!  We know that this current market will turn around.  Stay positive!

If you have specific questions about your legal career path, please do not hesitate to contact us.  We’d love to help!

To use a recruiter or not to use a recruiter

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This is the question.  There has been a trend among some firms to try to bypass the legal recruiter and do the hiring “blind.” Unfortunately, as Delia explains, this usually backfires on the firm.

Remember that a firm will often save money in the long run by using a recruiter, because recruiters will match the attorney with the firm.  This eliminates a lot of attorney turn-over and the costs that result. 

Interested in using a recruiter for hiring at your firm?  Contact us!  We have 15 years of experience hiring for all types of law firms.