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When they announced their decision to merge in September, Washington, D.C.’s Howrey & Simon and Houston’s Arnold White & Durkee had worked out few details — not the management structure, not the full client conflicts list, not the name. And, it turns out, not the opposition of 41 percent of Arnold White’s attorneys. It seems that Howrey’s power structure, which gives preference to litigators over transactional attorneys, wasn’t appealing. The merger will go forward, but the 58 attorneys in Arnold White’s Austin, Texas, and Chicago offices have decided not to join the new, merged IP superpower, to be renamed Howrey Simon Arnold & White. Most of the attorneys in the Chicago offices will join Jenkens & Gilchrist. The Austin attorneys are in serious discussions with Fulbright & Jaworski.

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