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On The Merits
Bloomberg Industry Group
293 episodes
1 week ago
On The Merits takes you behind the scenes of the legal world and the inner workings of law firms. This podcast offers in-depth analysis on the latest trends, challenges, and opportunities shaping the business of law and the legal industry overall. You'll gain insights into how the latest government actions, policies, and business developments are impacting the industry and hear from leading attorneys, legal scholars, industry experts, and our own team of journalists as they share their perspectives on the forces driving change.
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All content for On The Merits is the property of Bloomberg Industry Group and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
On The Merits takes you behind the scenes of the legal world and the inner workings of law firms. This podcast offers in-depth analysis on the latest trends, challenges, and opportunities shaping the business of law and the legal industry overall. You'll gain insights into how the latest government actions, policies, and business developments are impacting the industry and hear from leading attorneys, legal scholars, industry experts, and our own team of journalists as they share their perspectives on the forces driving change.
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Business News
Business,
News
Episodes (20/293)
On The Merits
Top In-House Lawyers Absorb More Responsibility, Much More Money
The top lawyers at the largest publicly traded companies in America are being asked to wear many hats at once—and also getting paid handsomely to do so. That's the takeaway from a recent story by Bloomberg Law senior reporters Brian Baxter and Andrew Ramonas, who crunched data from SEC filings of S&P 500 companies and found out how much these attorneys are making. Alphabet's J. Kent Walker Jr. leads the list with a total compensation package exceeding $30 million. On this episode of our podcast, On The Merits, Baxter and Ramonas talk about who these highly paid executives are, the new responsibilities they have, and why they don't always hold the titles of "general counsel" or "chief legal officer" at their respective companies. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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1 week ago
14 minutes

On The Merits
Ropes & Gray Is Exception, Not the Rule, for Non-Equity Partners
Most of the biggest law firms in the US have a two-tier partnership model, where some partners have equity in the firm while others don't. So it was a bit of a surprise when the firm Ropes & Gray announced last month it will be sticking with its one-tier model.  Is this a sign that the trend toward non-equity partners is starting to reverse? Not according to today's guests on our podcast, On The Merits, law firm consultant Janet Stanton with Adam Smith Esq. and legal recruiter Scott Love with The Attorney Search Group. They talk with Bloomberg Law editor Jessie Kokrda Kamens about how prevalent non-equity partnerships are, how they benefit law firms, and what firms need to avoid doing to make sure they work. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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1 week ago
17 minutes

On The Merits
Firms That Did Trump Deals Forgot They Were Law Firms, Says Prof
On this episode of our podcast, On The Merits, we take another look at the reasoning behind the deals law firms struck with the Trump administration earlier this year to avoid punitive executive orders. We previously heard from Yale Law School professor John Morley, who said these firms had no choice because an executive order could have kickstarted a devastating run on the partnership. Today's podcast guest sees it differently. David McGowan, a professor at the University of San Diego School of Law, says the firms that settled did so because they forgot the unique role they play in the American justice system and, instead, see themselves as more of business venture. "To me, the firms that have come to terms with the administration are signaling that, at their essence, they are financial services, financial adviser companies," he said. "I don't think that that is a given. I think that that is a choice." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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2 weeks ago
20 minutes

On The Merits
Goodwin Chair on Revenue Rise and New Competitors for Law Firms
Goodwin Procter made a splash this month when it announced it had raked in $2.7 billion in the 2025 fiscal year, a record for the firm and a 12% gain from the previous year On this episode of our news podcast, On The Merits, we hear from the firm's chair, Anthony McCusker, about how Goodwin managed this feat. He tells Bloomberg Law reporter Tatyana Monnay that he attributes the firm's recent success to a long-term strategic plan it developed called "Goodwin 2033." He also talks about where he thinks the legal industry is heading when it comes to tech—specifically, AI—and growing competition for law firms. "In a world where maybe the legal answer might be free, or quick to get into the world, clients are going to value that deep industry experience," McCusker said. "Clients are going to value that business advisory expertise that our lawyers bring. And so ensuring that we are preparing all of our people to be able to deliver that type of benefit to clients is one of the things we're really focused on." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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3 weeks ago
14 minutes

On The Merits
What a GC Wants to Hear From His Outside Law Firms on AI
Today's guest on our podcast, On The Merits, is a general counsel who is looking for more from the law firms trying to win his business. Specifically, he wants to hear more about how and why they're using AI. Eric Dodson Greenberg is the top lawyer at Cox Media Group, which owns dozens of TV and radio stations across the country. He recently wrote a series of articles for Bloomberg Law about how generative AI will change the relationship between law firms and their corporate clients—and not necessarily in the firms' favor. Greenberg told Bloomberg Law editors Jessie Kokrda Kamens and Daniel Xu that he wants to hear not just how firms can save him money with AI, but how they're using the technology to fundamentally change how they're working. "Firms are very wary of making the wrong technology bet, and for good reason," he said. "But not making a bet at all? I don't think that's a choice. Waiting to sort of see how it shakes out—which is a tried and true Big Law strategy—I think that's going to be too late." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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1 month ago
13 minutes

On The Merits
Trump Attacks Could Have Killed Law Firms, Yale Prof Says
President Donald Trump's attacks on law firms have hand their intended impact, even as courts shoot down executive orders against some as unconstitutional and the details of White House deals with others remain unclear, according to Yale Law School professor John Morley. "The point here is to extract a demonstrative form of obedience," Morely said. He said he's already seen a "chilling effect" with firms less willing to take on matters pushing back against the administration than in Trump's first term. Morley, who has studied law firm collapses, does not blame the leaders of firms that struck deals with the White House to avoid punitive executive orders. Court wins for the four firms who have challenged orders targeting them so far show that those firms made the right, albeit risky, choice to fight. "I am absolutely certain that, if one of these executive orders survived a temporary injunction proceeding, that would be the death of the firm," Morley said. "Or at least I think the probability is very high." Morley spoke to Bloomberg Law reporter Roy Strom on this episode of our podcast, On The Merits, about what has become of Trump's attacks on Big Law and what would happen if the President resumed them. He also discussed how they've changed the attitudes of his students at Yale about which firms they may want to work at in the future. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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1 month ago
14 minutes

On The Merits
NY's Oldest Law Firm Loses Key Partners, Faces Tough Choices
You don't get to be the oldest law firm in New York without weathering some rough spots. But this may be one of the most difficult periods Cadwalader, Wickersham & Taft has ever gone through.  The Wall Street firm, which this week announced a new managing co-partner, has lost nearly three dozen partners just this year. And not all of them have left because of the firm's controversial deal with President Trump for free legal services. On today's episode of our podcast, On The Merits, Bloomberg Law reporter Justin Henry explains why Cadwalader may be too specialized to thrive in today's full-service legal industry. He also talks about ways the firm can turn itself around without having to resort to a merger. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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1 month ago
12 minutes

On The Merits
Every Law Firm Should Build Their Own AI, Yale Professor Says
Law firms "have gold sitting on their hard drives," according to Yale Law School professor Scott Shapiro. Shapiro has enthusiastically embraced the use of generative AI in his classroom. He says firms should draw on the mountains of proprietary information at their fingertips to build their own tools. "If only they would train the large language models correctly, they, I believe, would get absolutely stupendous results," he said. Shapiro spoke to Bloomberg Law editor Jessie Kokrda Kamens for our podcast, On The Merits, about why he thinks every firm should make its own AI and he explains how he and his students actually did this themselves using years of documents from his Yale legal clinic. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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1 month ago
12 minutes

On The Merits
Data Center Explosion Hands Big Law Cross-Practice Opportunities
On today's episode of On The Merits we hear from three lawyers working in the white hot world of data center projects. Mike Rechtin and Justin Stolte are, respectively, real estate and energy partners with Latham & Watkins, and Michelle Kallen is an appellate and advocacy partner at Steptoe. "The latest number that I've seen is a $50 billion annual investment in the data center construction area by 2030," Stolte tells Roy Strom. Stolte talks about how his firm has organized to address the explosion of generative AI and the infrastructure that supports it. Latham real estate partner Rechtin talks about the unique skill set that made him the perfect fit for the niche pursuit, and Steptoe's Kallen tells Jessie Kokrda Kamens about the rapidly evolving regulatory challenges that a robust infrastructure practice faces. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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1 month ago
19 minutes

On The Merits
Why Law Schools are Making a 'Big Mistake' in AI Era Admissions
The number of law students who graduated in the class of 2024 spiked compared to previous years. That worries Nikia Gray, the head of the National Association for Law Placement. "I think it's going to be a big mistake for law schools to continue to admit large law school class sizes," she said, "when we can predict with some pretty good certainty that GenAI is changing the business models of firms and their hiring practices." Gray spoke to Bloomberg Law editor Jessie Kokrda Kamens on our podcast, On The Merits, about the ways AI will change the jobs of entry-level attorneys. The former Quarles & Brady recruiter also discussed what law students should be doing right now to get ready for a job market that's about to get much more competitive. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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2 months ago
12 minutes

On The Merits
Trump's Law Firm Deals May Have Hurt Headcount: David Lat
It's still not clear what, if any, fallout the law firms that struck pro bono deals with President Donald Trump earlier this year will face. But analyzing attorney movements over the last six months provides one data point. On average, law firms that settled subsequently lost attorneys more attorneys than those who fought the president in court, according to data obtained by Bloomberg Law columnist David Lat. But there are some firms that buck this overall trend as well as plenty of caveats. Lat joins our podcast, On The Merits, to walk us through this data on law firm headcounts since Trump started targeting law firms in the spring. Lat also talks about the lawyer moves that will likely happen later this year that could give us an even clearer picture of how firms are doing and what effect the Trump deals are having on them. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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2 months ago
14 minutes

On The Merits
Wachtell Has Its Fingerprints All Over Delaware Law Changes
Delaware recently changed its corporate laws to make them more favorable to companies being sued by their shareholders and the mega-firm Wachtell, Lipton, Rosen & Katz was deeply involved in that process. That's raising some eyebrows because Wachtell is also a go-to firm for companies in Delaware, often called the corporate capital of the world. Lawyers from other prominent firms, like Wilson Sonsini and Richards, Layton & Finger, also helped shape the law. On this episode of our podcast, On The Merits, Bloomberg Law's Jennifer Kay and Roy Strom talk about what firms like Wachtell did in Delaware, what they stand to gain, and what all this has to do with Elon Musk's so-called "DExit." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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2 months ago
13 minutes

On The Merits
King & Spalding 2,400 Hour Rule Is Just the Norm, Recruiter Says
A memo from law firm King & Spalding to its associates saying they need to log 2,400 "productive hours" a year surprised some in the legal world. But today's guest on our podcast, On The Merits, says it shouldn't have. It's always been the case that lawyers need to go beyond meeting their billable hours quotas and put in some non-billable hours in order to advance their careers, according to Jessica Chin Somers, a former Big Law attorney and current managing director at Kinney Recruiting. King & Spalding just wrote down what was essentially a legal industry unwritten rule, she said. Chin Somers talked to Bloomberg Law editor Jessie Kokrda Kamens about why associates might need to have this policy spelled out and about how they can get ahead even when they're not working on client matters. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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2 months ago
13 minutes

On The Merits
Chicago Law Dean on AI: You Won't Be Able to Entirely Avoid It
Like most schools worried about academic integrity, the University of Chicago Law School used to discourage its first-year students from using generative AI but now it has crept into that first-year curriculum. Despite its overall inevitability, William Hubbard, a professor and deputy dean, says he's surprised by how often he has to encourage AI-skeptical law students to at least try it out. Hubbard's school has seen how law firms, and especially large law firms, have embraced this new technology and it's followed suit, adding several AI-focused classes to its course offerings. Hubbard says the University of Chicago's students need to graduate with at least a basic familiarity with AI—specifically when it is and isn't appropriate to use in a legal setting. He spoke to Bloomberg Law editor Jessie Kamens for our podcast, On The Merits, about what the legal industry wants law students to learn about AI and how his law school is going about teaching it. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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2 months ago
15 minutes

On The Merits
What's KPMG Up to With Its New Law Firm in Arizona?
The Big Four accounting firm KPMG has taken advantage of relaxed rules in Arizona to start a law firm there, but the company has broader ambitions outside of the state. KPMG says it doesn't want to compete with established players in the legal industry, but Big Law leaders are privately expressing concerns. That's according to Justin Henry, a Bloomberg Law reporter who's the guest on today's episode of our podcast, On The Merits. Henry talks about the legal work KPMG can do now and about the open question of whether it can operate outside of the Grand Canyon State. He also talks about the measures KPMG has taken to insulate its new law firm from the rest of its company, including having lawyers use separate entrances and exits at its Tempe, Ariz., office. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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2 months ago
13 minutes

On The Merits
Big Law United to Save Lucrative White Collar Defense Work
The largest law firms in the country are fiercely competitive, so it's notable when nearly 40 of them agree to sign on to a legal brief. That's what happened in an appellate case that could have eroded the attorney-client privilege—and the firms' lucrative white collar defense practices. They breathed a collective sigh of relief earlier this month when the Sixth Circuit overturned a lower court ruling that would have forced FirstEnergy to turn over to its shareholders the results of internal investigations. The company hired Jones Day and Squire Patton Boggs to conduct the probes in response to a bribery scandal and later argued that the work was shielded by attorney-client privilege. On today's episode of our podcast, On The Merits, reporter Roy Strom explains what happened in this case and why it represented such a threat to Big Law. He also gets into the reasons lawyers' hourly rates for white collar defense work can climb so high. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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2 months ago
15 minutes

On The Merits
Ex-Skadden Partner Talks Taking on Trump With New Solo Firm
Benjamin Klubes is a Big Law expat who just founded his own litigation-focused boutique firm—and he's not alone. Other former partners at larger law firms are now either moving to smaller litigation-only firms or, like Klubes, starting their own. In this episode of our podcast, On The Merits, Klubes talks with Bloomberg Law reporter Tatyana Monnay about why he thinks these boutique firms are better suited to taking on the Trump administration than firms like Skadden, where he was a partner in the 2000s. "The issues that seemed to be driving a lot of Big Law capitulation were the transactional practices and the clients in those practices that believed that they were going to suffer as a result of retaliation by the Trump administration," he says. "That of course just isn't part of my practice or many boutique litigation practices." Klubes also says new technology, particularly AI, can mitigate some of the disadvantages of starting a small firm. "Document reviews are much more subject to technological innovation and reducing the need for a mass number of lawyers to be thrown at a case," he says. "AI can do it faster and typically, frankly, more efficiently." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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2 months ago
14 minutes

On The Merits
Law Firms Look Like Enticing Targets for Outside Investors
If it wasn't already clear, it is now: well-capitalized investors want a piece of the US legal industry. The latest example of this trend came this week when the litigation funder Burford Capital announced that now, in addition to financing individual lawsuits, it also wants to buy minority stakes in entire law firms. This comes after the consulting giant KPMG won a license earlier this year to start its own legal practice in Arizona after the state loosened its rules on who can own firms. On this episode of our podcast, On The Merits, Bloomberg Law reporters Emily R. Siegel and Justin Henry talk about the ethical risks that may be involved here and about why companies like Burford and KPMG think investing in law firms could be so lucrative for them. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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2 months ago
11 minutes

On The Merits
Why Do More Big Law Lawyers Want Off the Partner Track?
The allure of making partner doesn't hold the same appeal that it used to for many Big Law associates. Some of them are swallowing a pay cut to jump to a smaller firm. That's according to Major, Lindsey & Africa partner and recruiter Kate Reder Sheikh, who wrote about the trend for Bloomberg Law. She spoke to Bloomberg Law editor Jessie Kokrda Kamens for our podcast, On The Merits, about why some associates are forgoing the riches of partnership and exit the Big Law universe. "The pay is going to be half of Big Law," she said, "but it's very appealing to a lot of people to stay at a firm but be doing work that they're genuinely excited to get out of bed and do in the morning." Reder Sheikh also shared her thoughts on the shifting power balance at Big Law firms, the rise of nonequity partnerships, and whether junior lawyers should expect their firms to match Milbank LLP's summer bonuses. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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3 months ago
13 minutes

On The Merits
When a Law Firm's Tech Venture Goes South, the Lawsuits Fly
The law firm Norton Rose Fullbright thought it was taking a great leap forward when it brought on two partners and acquired the legal tech startup they co-founded, NMBL Technologies. Now, the firm and the startup are mired in a messy litigation battle against one another. On this episode of our podcast, On The Merits, Bloomberg Law reporters Alex Ebert and Evan Ochsner get into the unusual agreement these two parties made with each other and why it ended so poorly. They also talk about the myriad challenges in the race to get into the the legal tech space. "Law firms aren't afraid to get creative in this space, especially with AI," Ochsner says. "They're worried about getting left behind." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.
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3 months ago
12 minutes

On The Merits
On The Merits takes you behind the scenes of the legal world and the inner workings of law firms. This podcast offers in-depth analysis on the latest trends, challenges, and opportunities shaping the business of law and the legal industry overall. You'll gain insights into how the latest government actions, policies, and business developments are impacting the industry and hear from leading attorneys, legal scholars, industry experts, and our own team of journalists as they share their perspectives on the forces driving change.