More U.S. companies are retaining outside counsel because of regulatory investigations, according to results of Fulbright & Jaworski‘s 9th Annual Litigation Trends Survey. Sixty percent of the U.S. in-house lawyers who responded to the survey said they hired outside counsel for a regulatory investigation during the 12-month period that ended Sept. 30, 2012. That compares to 55 percent who responded to the same question on the previous version of the survey. "The regulatory thing is here to stay," says Otway Denny Jr., chairman of the global litigation department at Houston-based Fulbright. He says regulatory work includes defending companies from investigations conducted by federal and state agencies. A total of 392 in-house lawyers, including 275 in the United States and 100 in the United Kingdom, participated in the survey, which was conducted between July and September 2012. The responses apply to the 12-month period beginning Oct. 1, 2011, says Dan McKenna, media relations director at Fulbright. The survey results were made public Feb. 26. Of the respondents, 92 percent expect litigation pending against their companies to increase or stay at the same level in 2013 as in 2012. It was 89 percent in the previous survey. Additionally, 86 percent of the in-house lawyers reported at least one new suit filed against their companies during the previous 12-month period, compared to 73 percent on the previous survey. And 60 percent of the companies filed at least one suit during the 12-month period that ended on Sept. 30, 2012, compared to only 48 percent during the previous 12-month period. Contract disputes, labor and employment matters, and personal injury suits are the most prevalent suits filed against U.S. and U.K companies, according to the survey. Among other results, the survey notes that companies are spending more on litigation, with 54 percent of the companies spending more than $1 million on litigation during the 12-month period, compared to only 51 percent during the previous 12-month period.
U of H Law Dean Resigns
University of Houston Law Center Dean Raymond T. Nimmer resigned his position on Feb. 25. Associate Dean Richard M. Alderman will serve as interim dean. Nimmer addressed faculty and staff on Feb. 25 to announce his decision, Alderman says. Nimmer said his reasons for stepping down include concerns about his health and satisfaction with reaching several goals he had set for the law school, Alderman recounts. "He’s a very good friend," Alderman says. "He has been talking with the administration for a long time about this." Nimmer did not return a telephone call seeking comment. Alderman says the university, based on past history, will appoint a search committee in the next month or two and will work with a search firm over the summer to find the school’s next dean. "He [Nimmer] has been doing this job for seven years, which is a very long time in the dean world," Alderman says. "He had a number of goals when he became dean and has accomplished them all." Alderman points to the list of goals described in the school’s announcement, which include "increased faculty, revised curricula, improved ranking, international outreach, a tripling of scholarship funds and a revitalized alumni organization." Alderman says Nimmer will begin a one-year sabbatical in September and return to teaching in 2014. "What I would hope I would be able to do is keep the school on the path that it’s been on, and get it in the best shape possible for a new dean," he says.
