What were the firm’s biggest or most important (non-client) achievements as a firm in 2020?
At Norton Rose Fulbright, we achieved our greatest successes this past year in diversity, equity and inclusion (DEI). Following the tragic events across the country, we have worked throughout our firm to bring about meaningful change in how we recruit, support and recognize all of our diverse lawyers and non-lawyer personnel. In the US, we launched more than 20 new DEI programs and initiatives, including our Racial Equity Council and a non-partner lawyer sponsorship program.
The theme for our firm’s global charitable initiative this year is fighting racism and championing social justice. We will look to contribute to the important changes taking place in society, assisting both through fundraising as well as events for our clients, our personnel and our communities.
Three of our most important positions at the firm are held by partners who are women of color. Our Global and US Chair, Shauna Clark, is the only woman of color to be Chair of an AmLaw 100 firm. Chief Strategy and Operations Partner Gina Shishima and Chief Operating Officer Stacey Martinez work closely with US Managing Partner Jeff Cody to oversee operations and set the firm’s strategic vision.
Promoting diversity helps us to attract and retain the best people, while also reflecting the diverse nature of our clients and the communities in which we work. DEI will be considered in every one of our firm’s decision moving forward, as we are implementing diversity metrics focusing on the success of our female lawyers, lawyers of color and LGBTQ+ lawyers.
As a firm, what were your biggest challenges and how did you address them?
Like many businesses, the biggest challenges we faced came from the global pandemic – not just for us but also for our clients. Our first priority was the health and safety of all of our people. Our firm embraced a fully remote work environment within weeks, successfully engaging with clients and with one another. We remained in steady contact through virtual meetings, discussing client needs and how to best assist them. We also feel tremendous pride in being there for our clients and our people during this difficult and unusual time. Our wide range of client offerings means that we have some practices that thrive during times of volatility and others that thrive during times of stability. Because of this, we were well positioned to assist clients facing challenges as well as those evaluating opportunities resulting from the pandemic.
What were four of the most important successes your firm’s Texas lawyers achieved for clients last year?
A corporate team led by Glen Hettinger, Daryl Lansdale and David Barrett represented Waddell & Reed Financial, Inc., an investment management and wealth management services firm, in its merger with Macquarie Asset Management, the asset management division of Macquarie Group. In this transaction, Macquarie acquired all of the outstanding shares of Waddell & Reed for an equity value of $1.7 billion.
A litigation team led by Mike Swartzendruber secured a complete appellate victory for Cinemark USA, Inc., representing an important antitrust win for theatre companies seeking to operate in the modern motion picture industry. The published California appellate decision followed 14 years of litigation, three trips to the appellate court and a six-week jury trial, all arising from a case originally filed in 2006 by Flagship Theatres of Palm Desert LLC, a company co-owned by “Breaking Bad” and film star Bryan Cranston.
Our appellate team led by Richard Zembek, Jonathan Franklin and Eric Green joined forces with co-counsel from multiple firms to challenge a sweeping antitrust ruling against Qualcomm Incorporated in an expedited appeal. The Ninth Circuit threw out the District Court’s judgment, stating “that the district court’s ‘anticompetitive surcharge’ theory fails to state a cogent theory of anticompetitive harm. Instead, it is premised on a misunderstanding of Federal Circuit law pertaining to the calculation of patent damages.”
A projects team led by Becky Diffen and Sam Porter advised Jupiter Power LLC on three standalone, utility-scale battery storage projects, totaling 600 megawatt hours of energy storage. The three 200-megawatt-hour projects are strategically sited and configured at optimized locations.
Who are two Texas lawyers – one partner, one associate – who really shined in 2020 and why?
In his first year as our Global Head of Litigation and Disputes, Richard Krumholz leads one of the world’s largest disputes practice groups, with more than 1,200 lawyers across 52 cities worldwide. A dynamic and inspiring leader, Richard embraces our firm’s commitment to client service and innovative solutions in managing a world-leading practice. Richard remains an active trial lawyer who, like many of his Norton Rose Fulbright colleagues, advises large companies, private equity firms and financial institutions on complex, high-value and sensitive domestic and multijurisdictional disputes across multiple industry sectors.
Intellectual property associate Andrea Shannon personifies what our firm seeks in its up-and-coming lawyers. Andrea has distinguished herself as a trusted advisor in trademark law, while mentoring the firm’s first-year associates and University of Texas law students as well as contributing to the firm’s Women in Norton Rose Fulbright (WiN) Network and our Minority Lawyers Network. This past year, Andrea excelled from a work-life balance standpoint, becoming a mother while growing her practice.
What was the firm’s biggest pro bono/public service success in Texas of 2020?
Working alongside the NAACP Legal Defense and Educational Fund, a team of our Houston lawyers completed a bench trial in a significant voting rights case seeking greater ballot access for students of Prairie View A&M University, a historically black university. The lawsuit challenged Waller County’s early voting practices surrounding the 2018 midterm elections — namely, the county’s refusal to provide an early voting location on the Prairie View A&M campus and the county’s discriminatory practices based on the Plaintiffs’ race and age. Plaintiffs alleged that Waller County’s actions violated the Fourteenth, Fifteenth and Twenty-Sixth Amendments, as well as Section 2 of the Voting Rights Act. The trial held in the Southern District of Texas took place in the fall of 2020 virtually on Zoom due to the COVID-19 pandemic. The Court is expected to issue a ruling later this year.
What was the firm’s most significant move forward in addressing diversity and inclusion in 2020?
George Floyd’s death and countless other tragic events have brought racial inequity and systemic racism in society into sharp focus. In our pledge to advance racial equality, we formed the Racial Equity Council. Led by Black partners Jamila Mensah and Ryan Manns, our Racial Equity Council consists of partners, non-partner lawyers and non-lawyer personnel with a mission of improving the experience of our Black personnel and supporting our firm’s racial equity. In less than a year, the Racial Equity Council has been instrumental in a number of impactful initiatives, including a non-partner lawyer sponsorship program, racial bias programming, promotion and advancement process changes, speaker series, affinity groups, recruiting adjustments and professional development programs.
What is your No. 1 goal as a law firm for 2021?
Our Global Chief Executive, Houston-based Gerry Pecht, collaborated with our US Managing Partner, Dallas-based Jeff Cody, and other firm leaders to develop our vision for the immediate future and beyond. Our plan includes strategies focused on our major industries and practice areas supported by detailed actions and desired outcomes. While it is key to build on our reputation as a leading law firm in Texas, the US and globally, we are also committed to be naturally collaborative, exceptionally diverse, boldly dynamic and fiercely client-focused. Driving topline revenue is important, but we are equally determined to foster a collaborative workplace that inspires creativity, initiative, authenticity, equity, inclusion and firm pride.