Tag Archives: emerging markets

More Senior-Level Lawyers Moved to Asia-Pacific

An increasing number of top firms are moving senior leadership to the Asia-Pacific region. A recent Legal Week survey of 30 U.K. and U.S. law firms found that of the firms surveyed, 57 percent now have “at least one global practice head, department co-chair or deputy chair based in Asia.” And the majority of those positions were appointed in the last three years.

Why so many moves to Asia?

“It’s a reflection of the fact that we believe we can grow our business more quickly in Asia than we can in other parts of the world,” Mark Hyde, the global head of restructuring and insolvency at Clifford Chance (CC), was quoted as saying in the Legal Week article. Hyde recently relocated to Hong Kong as CC’s new Asia-Pacific finance head.

The firms with at least two global practice heads based in the Asia-Pacific are:

  • Freshfields Bruckhaus Deringer
  • Clifford Chance
  • Herbert Smith Freehills
  • Skadden Arps Slate Meagher & Flom
  • Orrick Herrington & Sutcliffe
  • Reed Smith

Firms with at least one global practice head in Asia include:

  • Linklaters
  • Allen & Overy
  • Norton Rose
  • Olswang
  • SJ Berwin
  • Stephenson Harwood
  • Berwin Leighton Paisner
  • RPC
  • Baker & McKenzie
  • Shearman & Sterling

How to Succeed: First, You Need to Show Up

Success doesn’t come easy. But as a recent Harvard Business Review blog article by Rosabeth Moss Kanter points out, nothing will happen if you don’t show up and be present.

“For companies,” she writes, “being there means having a presence on the ground to deeply understand places that hold resources important for the future.” That’s something that law firms understand, as illustrated by the uptick in global expansions that Hildebrandt Institute has reported on before. But why, in this increasingly Internet-connected world, is it so important to have feet on the ground? She explains:

It’s an apparent paradox: The declining significance of place is associated with the rising significance of place. Technology helps us connect with anyone anywhere nearly instantaneously, crowdsource ideas, and work on virtual teams without ever being in the same place. But being in the same place at the right time means being able to make serendipitous connections…. Showing up in a particular place is also critical to the new globalization, which increasingly means localization. Instead of inflicting one-size-fits-all standardized universal products on every market, companies realize the importance of adapting to local customs and tastes and learning from them.

For law firms, that means expanding into emerging markets, especially in Asia and the Middle East. The first 11 months of 2012 saw 56 foreign-office openings, which was the same number of openings for the whole of 2011. (Our records indicate that there were three more foreign-office openings in December 2012, rounding out the year’s total to 59.)

Moss Kanter also gave a talk at TEDxBeaconStreat on the “Six Keys to Leading Positive Change. (You can view the video in full at the bottom of this post.) In the talk, she outlines the six keys and what they mean for success:

  1. Show up. If you don’t show up, nothing really happens.
  2. Speak up. No one knows what you’re thinking unless you express it.
  3. Look up. Remember your vision and values.
  4. Team up. Everything goes better with partners.
  5. Never give up. Everything can look like a failure in the middle.
  6. Lift others up. Share the credit and recognition for success to motivate further success.

For the most part, law firms seem to have No. 2’s speaking up (lawyers are a loquacious bunch) and No. 4’s partnering for success down pat. But how do you think we do on the others? We’d love to hear your thoughts in the comments.

Is It Time to Burn the Ships?

That’s the question asked by the 2013 Report on the State of the Legal Market. Prepared by The Center for the Study of the Legal Profession at the Georgetown University Law Center and Thomson Reuters Peer Monitor, the report examines the legal market trends in 2012 and the factors that will impact the market in 2013 and beyond.

While the 2012 U.S. legal market did show moderate growth in demand—an overall 0.5 percent as measured by billable hours—it was hampered by “the combined impacts of sluggish demand, declining productivity, falling realization rates, and the need for further expense reductions.” We were not alone; the U.K. market also showed low growth (a reported 5 percent to 6 percent increase in revenues over 2011 figures). And although the growth in Asia and Latin America was high, “as 2012 drew to a close, however, even the  powerful economic engines of China and Brazil had begun to slow somewhat,” the report states.

Broken down by practice area, only labor and employment and corporate practices experienced an increase in demand (4.1 percent and 1.2 percent, respectively). All other practice area demand declined. Other measurements and their growth rates included in the report:

  • Productivity was down 1.5 percent.
  • Billing rates went up an average of 3.4 percent, but realization rates decreased to an all-time low of 83.6 percent.
  • Expense increases, however, appeared to level out.

Good things did happen in 2012, however. “These included the rapid continuing pace of globalization, the shifting economic and demographic realities resulting from persistent overcapacity, and the growing pressures on the traditional partnership model of law practice,” the report says.

“It is becoming increasingly apparent that the market for legal services in the United States and throughout the world has changed in fundamental ways,” the report says. “[It] is an increasingly difficult and challenging environment, one that calls for clear thinking, strategic focus, and flexibility in addressing rapidly changing realities.”

The report cites the legend of Spanish conquistador Hernando Cortez who, upon landing on the shores of the Yucatan in 1519, ordered his men to burn their ships so they had no choice but to move forward and conquer the Aztec empire.

“Perhaps it’s time for us, like Cortez, to burn the ships,” the report posits, “to force ourselves to think outside our traditional models and, however uncomfortable it might be, to imagine new and creative ways to deliver legal services more efficiently and build more sustainable models of law firm practice.”

To read the full 2013 Report on the State of the Legal Market, please visit Peer Monitor here.

Lone Star State Law Firm Business Booming

Texas remains a hot bed of law firm activity with the opening of a new office, mergers and the possibility of more foreign lawyers sitting for the state’s bar exam.

Reed Smith became the latest law firm to expand into Texas with the announcement of a new office in Houston. While no opening date has been set, it will be the 25th location of the Pittsburgh-based firm. Reed Smith joins the ranks of a number of law firms—including Sidley Austin and Paul Hastings—who “opened Houston offices and hired several partners from Texas-based law firms to bulk up their energy practices” last year.

The region’s energy work is a big draw. Houston-based Beirne, Maynard & Parsons LLP recently announced it will merge with Lemle & Kelleher LLP, a Louisiana law firm, in part to bolster its litigation practice in energy. The addition of Lemle & Kelleher’s 19 lawyers increases Beirne to a total of 80 lawyers in six offices, increasing its foothold in the Gulf Coast area.

Why Texas? As a WSJ Law Blog post states:

An international legal hub Texas is not. But it has certain traits to recommend it. More Fortune 500 companies are based in Texas than in any other state. It has the second-largest economy. It borders another country.

And with the possible lowering of the state’s bar requirements for foreign lawyers, law firm expansions into Texas will most likely continue at an increased pace.

Celebrating HIB’s First Anniversary

This week marks the one year anniversary of the Hildebrandt Institute Blog.  In the past year, we’ve learned a lot and we hope you have, too.  Thank you for reading.

We are proud of the content on the blog and appreciate the opportunity to share it with all of you.  Some highlights from the year include:

We have also been fortunate to welcome several important contributors.  Earlier this summer, guest author Mike Lowe (of HardingLowe) discussed what the legal industry can learn from the experience of management consulting firms in a two-part series.  And general counsels Sarah Feingold (of Etsy) and Dan Goldman (of Mayo Clinic) were kind enough to sit down with us to offer their insights.  Our thanks to them for sharing their time and their knowledge.

Data is a big part of what makes the Hildebrandt Institute, and particularly Peer Monitor, tick.  We are grateful to the Peer Monitor team for sharing their quarterly Peer Monitor Index reports with the blog.  I would also like to recognize the hard work of Marianne Purzycki on our quarterly MergerWatch posts, which help put legal industry consolidation into perspective.

We look forward to continuing to offer smart, insightful commentary in our second year.  We also have big plans for the coming months, and hope you’ll join us as we continue to evolve and grow.  Thanks again for your time and attention – we promise to keep working to earn it.

Posted by Emily Fisher

An Economic Update: Troubling Times in the Global Economy

The global economy continues to rank among the leading concerns of managing partners, and going by press reports over the last two weeks or so, it is of no wonder. A tour of the globe illustrates how many competing economic concerns are playing on the minds of law firm leaders.

Eurozone Concerns Continue

June saw the release of economic data for the first quarter of 2012 for a number of jurisdictions, as well as the latest unemployment figures in the U.S. In most cases, they were not pleasant reading, with a blend of uncertain growth across many key economies and a rising risk of financial meltdown in the Eurozone. The U.S. and Europe continue to be affected by stalling recoveries*, economic bail-outs and double-dip recessions† (registration required).

Europe’s sovereign debt crisis persists and is a main cause for concern. This week began with Spain seeking assistance in the form of €100bn in EU rescue funds to recapitalize troubled domestic banks. This has brought the prospect of a further EU economic bail-out, this time for Europe’s fourth largest economy, one step closer. Concerns regarding the stability of Italy remain, while Greece also goes to the polls this Sunday. Could a Greek exit from the Euro be a real possibility if an anti-bailout/austerity coalition is elected?

Impacts on Emerging Markets

This continued economic unrest is beginning to reverberate elsewhere, with economies weakening around the world. China, India and Brazil, although not immune to the global financial meltdown, were able to weather the initial crisis far better than the West. This relative economic prosperity provided many international law firms active in these regions a safety valve for growth. However, the latest figures published for the first quarter of 2012 by The Economist indicate that these emerging markets are cooling.

Brazil’s output grew by only 0.2% quarter on quarter and has led the government to announce a series of stimulus measures. Even assuming an up-tick in the second half of 2012, Brazil’s GDP is now forecast to grow at a slower rate than first thought (2.7% down from an estimated 3%).

India’s growth rate has also fallen to its lowest level in seven years, down from a near double-digit rate experienced pre-global recession, to 5.3%. High government borrowing, high inflation and dearth of private investment have been having an impact, as well as a lack of much needed political reforms.

That brings us to China – to date the success story of the global economy. As recently as 2007, the Chinese economy was growing at 14.2% a year. GDP growth was down to 9.2% in 2011, and dropped further in the first quarter of 2012 to a surprisingly weak 8.1%. Officials at China’s National Development and Reform Commission have indicated that the second quarter is expected to be weak also with GDP growth likely to fall below 8%. Lower external demand for China’s exports has been cited as a key reason for the drop. In March the government announced a target of 7.5% GDP growth for this year and an average of 7% until 2015. This fairly sudden softening of economic growth has prompted some to question China’s ability to continue providing the growth engine for the global economy that it has managed thus far.

Silver Linings?

A global recovery faltering so soon after the previous recession is worrisome to say the least and suggests the global economy will remain idle in the near term. It will mean that law firms will need to continue to focus on winning market share from competitors to achieve top-line growth, rather than hoping for any up-tick in demand levels.

However, it’s not all doom and gloom. Although economic growth has slowed in China, this is not necessarily viewed by all as a negative. Fear of an overheating economy had led some to speculate that lower GDP growth levels in China may allow for more stable, consistent long-term growth, rather than a ‘bubble’ forming. Furthermore, China relies very little on foreign borrowing, continues to have strong investment rates and a high saving rate (51% of GDP). China’s banks are highly liquid and its state-dominated financial system means it is well placed to deal with repayment delays or defaults, so the economic softening is unlikely to lead to anything near as calamitous as the current sovereign debt crisis in Europe.

Chinese industry has also been focused on expanding internationally and a recent report indicated that this trend has continued in the first quarter of 2012 with the value of out-bound deals increasing over 100% compared with the same period in 2011. Acquiring strategic assets overseas and hedging against reduced domestic growth has driven Chinese companies to used their relatively cash-rich position to make acquisitions in South America and Europe, predominantly in the energy and resources sector.

This continued increase in out-bound work presents opportunities for law firms in markets targeted by Chinese companies and has led to a refocusing of China strategy for a number of firms. Strategies have switched from servicing predominantly in-bound investments into China by foreign companies, to also include advising China-based companies on their international acquisitions and investments. It has also been driving a greater international focus of domestic law firms, a previous topic of our blog.


* Last week the release of the U.S.’s unemployment figures demonstrated that a recovery in the American employment market had stalled, with the unemployment rate rising for the first time in 9 months – although it was a marginal  rise of 0.1% from 8.1% to 8.2%

† April saw the announcement of the UK economy sliding back into recession following weak economic growth and elevated inflation

Posted by Tricia Pelton

Business sentiment in Asia improved during Q1 2012

The significance of Asia to the world economy continues to grow, leading to great change within legal markets in the region. Transactional levels remain more buoyant in comparison to many Western markets, driving growth both in terms of the size and international outlook of domestic and international firms alike. As a result, the market is increasingly crowded, competitive and is consolidating.

Late last month, Thomson Reuters in conjunction with INSEAD, a global management and business school based in France and Singapore, released their Asia Business Sentiment survey for Q1 2012. Data was compiled during March 12 to 19 via a poll of over 100 senior executives at Asia’s top companies to produce their quarterly index. It revealed that the Asian market continues to have an overall positive outlook, but unlike the previous three quarters (which had seen confidence eroding), business sentiment among Asian-based companies rose for the first time since Q1 2011*.

Recent improvements in global economic forecasts (including a stabilizing of the Greek default crisis in Europe), coupled with suggestions that inflationary pressures in Asia may be leveling and increased liquidity for capital markets, have been highlighted as potential contributors to this improved confidence.

Countries with improved sentiment included China, India, Japan, Taiwan and Australia. The expected slow-down in China (Beijing amended its 2012 growth target in March to 7.5%, the lowest it has been in almost a decade) has had little impact on the sentiment of China-based companies so far. They continue to be optimistic and although the economy has slowed, it continues to drive much of the activity in Asia.

Japan is felt to have weathered the worst of the earthquake and tsunami devastation, and is now seeing increased capital spending in anticipation of increased domestic demand. However, it should be noted that these movements have been from a predominantly negative to a more neutral position, rather than overtly positive – only one company out of 20 reported a positive sentiment.

Sentiment in India improved on the back of increased domestic growth forecast for 2012/13. In addition, Taiwan’s technology sector showed growth and Australian businesses were more positive than the previous survey despite signs of more sluggish economic growth for 2012.

Sectors with an improved outlook included automotive, construction, financial services (particularly in Singapore, China and India) and technology, while confidence remained high in the strong resources sector.

Risks to business highlighted by the market continue to be economic uncertainty, as well as rising costs, currency volatility (particularly in Japan), and regulatory uncertainty (particularly in India).


* The quarterly index grew from 57 in the last quarter of 2011 to 74 as of the first quarter 2012 and a reading above 50 indicates an overall positive outlook

Strict Rules on International Law Firms in Brazil Likely to Remain in Place

Last November we covered a story that Latin Lawyer (subscription required) was reporting on regarding the decision by the Brazilian Bar Association (OAB) to maintain Brazil’s strict regulations against any type of formal alliance with international firms.  The OAB then charged its Federal Council with forming a commission to help clarify the rules.

This week, Latin Lawyer has again provided another update that indicates that these regulations will continue to remain in place.  Issued on Tuesday, the draft rule would:

[P]rohibit many habits and structures currently in place in existing associations in Brazil, and rigorously enforce total physical, financial, administrative, and promotional separation between local and international firms. Foreigners found breaking the rules would lose their Brazilian licence; non-compliant Brazilians would face OAB disciplinary proceedings, with administrative, civil and even criminal penalties.

If passed, firms would no longer be permitted to use phrases such as “associated with” or “in cooperation with,” joint communications would be prohibited, and the sharing of back office functions would also not be allowed.  All Brazilian firms associated with international firms would be required to register with their local bar and any international lawyer found to be in breach of the rules could have their license revoked as a foreign legal consultant.

The OAB’s Commission on International Relations will vote on the new rule by March, when it will go to the National Council of the OAB.

Posted by Marianne Purzycki

Indonesia: The New Hot Spot?

In a blog posting that we wrote back in September on Singapore, we noted that for at least one firm, client interest in investing in resource-rich Indonesia was keeping the legal market in Singapore “extremely buoyant.”  Now it appears that some firms want to go one step further by establishing a foothold directly in Indonesia.  In the last month, two firms have announced tie-ups in Indonesia.  O’Melveny & Myers launched a formal association with commercial law firm Tumbuan & Partners and the UK’s Stephenson Harwood is about to launch a tie-up with Christian Teo Purwono & Partners, according to The Lawyer.  And this follows on the exclusive association that Allen & Overy established with Ginting & Reksodiputro, in 2010.

While international firms are still not permitted to have their own offices in Indonesia (many handle Indonesian work from offices in Hong Kong and Singapore), there is growing interest in the region.  Law firms and their corporate clients are attracted by work in the oil & gas, mining and natural resources sectors, as well as infrastructure projects.  With over 245 million people, Indonesia is the fourth largest country in the world by population, with an annual growth rate expected to be 6.4 percent this year.  Private consumption, investment in construction, increased commodity and agricultural exports, and growth in the manufacturing sector have all been contributing factors. Interest was heightened further following the enactment of the country’s 2009 mining law, which attempts to provide more regulatory certainty and to encourage new investment in the sector.  The law also removes most of the distinction between Indonesian and foreign investors.

Of course, many law firms have been active in the region for some time.  Among them are Herbert Smith and its 10-year affiliation with Hiswara Bunjamin & Tandjung and Baker & McKenzie’s association with Hadiputranto, Hadinoto & Partners, considered one of Indonesia’s leading law firms.  Australian firms are also prominent, many having established associations with local firms for 20 years or more. They include:

  • Allens Arthur Robinson in association with Widyawan & Partners, a firm specializing in natural resources, infrastructure, banking and project finance
  • Minter Ellison in a long-standing relationship with Makarim & Taira S
  • Freehills in association with Soemadipradja & Taher since 1993
  • Blake Dawson allied with Oentoeng Suria & Partners beginning in 2010 and before that with Soebagjo Jatim Djarot

Other firms with associations in Jakarta include UK firms, Norton Rose Group (Susandarini & Partners) and IP firm Rouse (Suryomurcito & Co.).

Posted by Marianne Purzycki

Update on Brazil: Protectionism Gains Favor

Last month we wrote about the importance of Brazil to many international law firms and why the country has much to offer these firms and their corporate clients.  We also discussed challenges in the Brazilian market, in particular, the limitations on foreign firms preventing them from practicing locally, which is why many firms have entered the market through an association with a Brazilian law firm.  These types of associations might now be in jeopardy according to a recent vote by the Brazilian Bar Association (OAB).

Latin Lawyer (subscription required), is reporting that at the OAB national conference last week, “Brazilian lawyers have voted in favour of maintaining the strict regulation against any type of formal alliance with international firms.”  Three motions passed unanimously in favor of the strict interpretation of the OAB rule which regulates international associations. 

 [The] three motions were: that according to Brazilian rules, it is not permitted to have any type of association between individual lawyers or law firms, and consultants or groups of consultants in foreign law; that looser partnerships between local and international lawyers, to share experience and to serve clients within a global context, are permitted; and that also allowed are associations which are scientific or cultural in nature.

According to the rules of the conference, the OAB’s Federal Council must now form a commission to consider the motions passed.  The OAB will meet in December, according to Cezar Britto, the president of the OAB’s Commission on International Relations, “to regulate and discipline existing cross-border associations, and to give more clarity to the rules.”

 Posted by Marianne Purzycki