David Rowland Quoted in Chicago Lawyer
"Layoffs Yield More Work for Employment Lawyers"

David Rowland was quoted in the May 2009 Chicago Lawyer article, "Layoffs Yield More Work for Employment Lawyers." According to the article, many practice areas are taking a hit from the economic downturn, but business is up for many lawyers whose practices focus on labor and employment law. The article also noted that for some lawyers, the greater volume of counseling work related to layoffs today is coupled with a demand for a quick turnaround. David explained, "It can be as little as 24 hours -- maybe even less. It'll come out of a major business meeting, that we need to act quickly. They know they need legal advice before they just start cutting people." He continued, "We literally have task forces of people who are ready to go, and are experts in this area, so we can get on top of it. In this economy, the difference has been, a lot of them are coming to us late only because the employers are having to make difficult and quick decisions about staffing. They're saying: `Look -- I've got to cut staff or I'm not going to be in business tomorrow.'"

David speculated that the firm's labor and employment practice is setting workload records in the area of counseling on reductions in force and workplace restructuring, as the economic meltdown drives the nation's unemployment rate to escalating levels. He noted, "It's an unprecedented economic situation, so we have more clients than we normally would who are seeking advice." The article also noted that more work today deals with positioning severance offers to combat risk of future litigation. David observed, "There's a lot of pressure on an individual employee in this economy if a severance package is being offered to simply take it. It's something to feed the family with. In some sense, the work on the release [of legal claims in exchange for severance pay] is the most important thing, because many employees will take it, and if you've done it well you're not going to have litigation. That's going to, maybe, temper some of the litigation."

According to the article, one type of employment-related litigation that is seeing a continued surge is class and collective actions based on disputes over unpaid overtime wages. David explained, "It's in vogue. When the economy contracts, people are looking for a way to save themselves in one shape or form." David also argued that along with more employees becoming adversely affected in their jobs as a result of the economic climate, a new Democratic administration and Congress that profess an interest in pro-employee legislation and regulation is creating a "perfect storm" of activity for management-side lawyers.

David concluded, "We're busy, but it's not a great thing. Our clients are hurting. Having clients suffer in the economy is never a good thing for us, either. I'd rather be helping them with hiring than with laying people off."