Legal Business

Kirkland’s trophy hire – Robert Khuzami to join the firm in Washington

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If securing senior US regulatory agency lawyers can be compared to a highly competitive game of cards, then Kirkland & Ellis has just called poker with the hire of Wall Street’s top federal enforcer Robert Khuzami.

Khuzami (pictured, who, incidentally, has a Wikipedia listing running into several pages) joins as a partner in the top 10 Global 100 firm’s global government, regulatory and internal investigations practice group after leading the Securities and Exchange Commission’s (SEC’s) enforcement division for four years.

Reported today by the New York Times to be joining on a package of over $5m a year (also said to be guaranteed for two years), he will be based in both the firm’s Washington and New York offices.

Senior SEC official Kenneth Lench is also set to join Khuzami within the same practice group in Washington at the end of July. Lench has headed the structured and new products unit within the SEC enforcement division since January 2010.

The recent additions will strengthen the firms white collar and securities defence practice in line with the growing client demand of regulatory and enforcement issues.

Kirkland’s global management executive committee chairman Jeffrey Hammes said: ‘Rob is one of the most respected and experienced attorneys within global enforcement and brings invaluable public and private sector experience to our growing government, regulatory and investigations practice.

‘Rob and Ken joining our existing team of talented lawyers furthers our ability to provide our clients with the highest level of resources, advice and counsel globally.’

As a prosecutor, Khuzami tried 12 federal criminal trials to verdict, including the successful prosecution of Omar Ahmed Ali Abdel Rahman and nine co-defendants in connection with the 1993 bombing of the World Trade Center. Before the SEC, he worked at Deutsche Bank in New York as global head of litigation and regulatory investigations in 2002, before becoming general counsel for the Americas from 2004 until 2009. He has also served as a federal prosecutor within the US Attorney’s Office for the Southern District of New York, including three years as chief of its Securities and Commodities Fraud Task Force (between 1991 and 2002.)

The hire is a coup for Kirkland, which is understood to have had stiff competition to hire Khuzami since his departure from the SEC in January.

Lench, meanwhile, joins Kirkland after 23 years at the SEC. His role as structured and new products chief was created by Khuzami in 2010 to focus on abuses in markets for complex securities, including asset-backed securities and derivatives.

Kirkland litigation partner Gene Assaf added: ‘Washington, D.C. regulatory and enforcement issues have become critical to global clients, and the addition of this senior team continues the expansion of our enforcement and regulatory capabilities and presence here.’

 

jaishree.kalia@legalease.co.uk

Legal Business

Comment: A star signing is one thing but who needs a lateral?

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The worlds of business, politics and sport have since the 1970s fallen increasingly under the spell of the star individual and law has been anything but an exception. As partnership mitigates the heaviest excesses of the winner-takes-all compensation cultures seen in banking, sports and plc management, in law the star culture has manifested to a considerable extent via the partner recruitment market.

The emergence and massive expansion of this international bazaar for senior legal talent over the last 25 years has had a profound impact on the profession – often unhappily so.

This has happened despite widespread acknowledgement that the returns on partner recruitment are patchy – a finding backed by a significant and growing body of research. Compared to internal candidates, external recruits are more expensive even without counting direct recruitment costs, prone to fail in the first two years and more likely to leave. Added to which is the fundamental difficulty of accurately identifying and then persuading key business influencers to move.

Sound familiar?

Yet if such problems are rife in the legal profession, the impact of the sustained downturn in Western economies has done little to deflate the partner bubble. If anything, the upwardly mobile US law firms that have increasingly defined the partner recruitment market at home and abroad have pushed this merry-go-round towards even more aggressive levels.

And this has happened during a period in which the record of partner recruitment has arguably become worse not better. When partners first began moving in the late 1980s, a path was provided for ambitious and driven individuals to find better platforms or just check out of firms going nowhere. Those hires generally did well because there was a clear economic rationale for the move on both sides. The last decade has seen the emergence of a genuinely sideways market for partners who are just moving, well, laterally.

That’s not to suggest that all of this recruitment is irrational. Some firms have used partner recruitment to effectively super-charge their growth, with Latham & Watkins, Kirkland & Ellis and DLA Piper being among the most striking examples in recent years. The poor overall performance of lateral recruitment has always masked the vast discrepancies in individual performance.

Here is our assessment of the track record of partner recruitment: a small group of firms use it very effectively to deliver great results. A much larger group gets returns barely worth the effort once you account for the time and costs of recruitment. What’s left is another minority that performs so badly that firms in the club actually damage their business. But law – like many fields – remains poor at identifying the formula for success.

We consider the experience of a handful of the transferring partners that have excelled in this month’s edition and there are common factors in what makes a star signing an actual success, but it’s never easy. In essence, firms should be strongly biased towards organic progression unless there is a compelling, clear strategic reason to go to market. Then you must have a senior candidate that actually fits the bill and is energised about the opportunity of your team. The best lawyers don’t do it for the money or a home. They do it for the game. They play to win.

alex.novarese@legalease.co.uk

Legal Business

A star signing is one thing but who needs a lateral?

legal-business-default

The worlds of business, politics and sport have since the 1970s fallen increasingly under the spell of the star individual and law has been anything but an exception. As partnership mitigates the heaviest excesses of the winner-takes-all compensation cultures seen in banking, sports and plc management, in law the star culture has manifested to a considerable extent via the partner recruitment market.