Faegre Drinker Biddle & Reath, LLP - The Inside View

For those who wanted BigLaw work with “a home-town feeling,” Faegre Drinker was an obvious choice, with its plethora of both Chambers USA accolades and offices across the country. “Faegre Drinker is a full-service law firm with nationally recognized litigation, regulatory and transactional practices,” newly instated firm chair Gina Kastel tells us. “Our core practice areas include corporate, business litigation, product liability and mass torts, and intellectual property, and they continue to see increased demand from clients. We also continue to see demand increase for our specialized niche practice areas, such as investment management, ERISA, environmental, social and corporate governance (ESG), and artificial intelligence and algorithmic decision-making.” 

The usual legal hotspots aren’t for everyone, and while Faegre has offices in the country’s major markets, its nationwide spread also covers places like Des Moines, Denver and Boulder. Minneapolis is the firm’s largest office, followed by sizeable bases in Philadelphia and Indianapolis. It’s BigLaw, but it’s a Biddle bit different. Faegre was the perfect fit for those who were “Minnesota natives and wanted to stay in Minneapolis,” or those who were “from Indianapolis, but wanted the same level of work as you’d get in DC and New York.” In addition to matching small(er)-town living with BigLaw ambition, interviewees “liked the culture at Faegre,” which “doesn’t have the big-firm intensity.” Juniors on our list were in 15 of the firm’s 19 US offices, with Minneapolis taking on twice as many as any of the rest (just under a quarter of the total). Philadelphia, DC, Chicago, and downtown Indianapolis followed by taking on around ten each in our sample. The rest were snapped up by Denver, New York, Florham Park, Des Moines, San Francisco, LA, Fort Wayne, Dallas, the other Indianapolis office, and Princeton. 

The Work  

While juniors were spread across the country, over 60% of the associates on our list were in the corporate, business litigation, IP, and product liability & mass torts (PLMT) practices. A hybrid assignment system operates across these groups, but juniors told us that it tends to be “more free market –if you’re slow you can reach out to the work coordinator.” People in PLMT, however, noted “the group was trying to get more into the work coordination space.” As part of that, “there’s a new routine where we email the practice group manager with our availability at the beginning of the week.” How’s that working? “It’s more streamlined now,” a source mused, “which I appreciate.” This structure is being implemented across Faegre's practices, alongside software-based solutions that benefit work allocation as well. Interviewees added that the work was as cross-office as you wanted it to be, with some reporting that “most of the work comes from other locations,” while others stuck with matters closer to home. 

“From start to finish, I think I’ve done them all!” 

The business litigation group is “so wide in terms of what it does – there's white-collar matters, class actions, and general commercial litigation cases.” We should note that there’s antitrust, appellate, financial services, tax, and trade secrets disputes up for grabs, too. But doesn’t the PLMT group do the class actions? “The difference is the causes of action,” one junior educated us. “In PLMT it’s related to torts and personal injury, but in business litigation it’s things like breach of contract claims” Sources liked the range of work the department had to offer. Some mentioned taking on landlord/tenant disputes, while others spoke about doing ERISA and trade secrets matters. “There’s no specific type of matter that an associate would be doing, and I’ve worked on so many things,” an interviewee confirmed. Is there a lot of doc review? “The nice thing is that the doc review here is light. We farm it out to doc review companies when we can,” a relieved source told us. Instead, juniors were “researching and drafting all kinds of things” from “complaints, motions of all sorts – to compel, to dismiss – summary judgments, and settlement agreements. From start to finish, I think I’ve done them all!” 

Commercial litigation clients: Xcel Energy, UnitedHealth Services, University of Minnesota. Represented CommScope – a communications network infrastructure provider – in a matter in which it was alleged that part of the Rosenberger conglomerate had conspired to misappropriate CommScope trade secrets. 

Over in the firm’s product liability & mass torts practice, “we do corporate defense work and represent a variety of manufacturers, but a lot of the work aggregates around medical devices.” However, it’s not all medical devices. The team does a range of different things, “from super-small matters, like a negligence in a property damage case, to a multidistrict litigation.” In the medical devices space, “when a medical device goes to market, by the inherent nature of devices it’s likely that something may go wrong. Lawsuits are brought, and we defend the manufacturer,” one junior pithily explained. “I’ve done a significant amount of doc review,” another initially bemoaned, before adding: “But I’ve still had a ton of hands-on experience.” Another told us that around “10-15% of the work has been doc review, but I’ve taken plaintiff depositions, drafted briefs and argued in front of court. I’ve managed my own case, done subpoena work, and handled vehicle inspections for automotive cases.” Others, meanwhile, mentioned doing “a ton of depositions, as well as drafting, research, and some mediation work.” 

PLMT clients: Cook Medical, Boston Scientific, Zimmer Biomet. Acted as both national and international counsel for manufacturer Intex Recreation during a range of product liability matters with collective claims valued at over $100 million.  

Faegre’s IP practice is recognized in Chambers USA for its expertise in the chemicals, electronics, manufacturing and healthcare sectors, among others. Juniors explained that the group is split into four subgroups: patent litigation; patent prosecution; trademarks, copyright, advertising and media; and technology transactions and licensing. In the trademark and brand management space, “clients come to us with a brand and look to see if it’s okay to use, or to enforce a brand if others are using it.” In addition, if “a company wants to run a sweepstakes or contest, we’re reviewing the rules and so on.” Over in tech transactions, “I’m really a deal lawyer and strategist, and provide guidance on data privacy matters,” an IPnista told us. Both those in trademark and tech transactions mentioned spending a lot of time drafting and negotiating contracts. These spanned everything from “software contracts to license agreements and a bunch of commercial contracts. I feel I’m getting actual responsibility,” a source enthused. “I have direct communication with clients, run points on projects and send things out.” 

IP clients: National Pork Board, Streamlight, and Celine Cousteau, the granddaughter of renowned oceanographer Jacques Cousteau. Defended Celine Cousteau in a case related to the use of the name and image of Jacques Cousteau.  

Hours & Compensation  

Billable hours: 1,900 target 

Big work didn’t necessarily come with big hours. The firm has a 1,900 billable target, of which up to 100 hours of pro bono and up to 50 hours of DE&I activity can be credited. Sources reported – and our survey confirmed – that associates work for around ten hours a day on average, which some felt meant “you can then typically avoid weekend work.” Of course, Faegre is still a BigLaw firm, so “some days there are fire drills and you’re working longer,” but sources said they were always comfortable about pushing back if they couldn’t take on anything more. With a wide range of compensation, were juniors happy with their pay? Feedback varied on this front, but there were several interviewees who agreed that “the variable pay scale by market is fair and local cost of living expenses are factored in.” That said, a source did feel that the “Minneapolis compensation should be closer to Chicago’s,” as the cost of living has reportedly increased in Minnesota. Faegre’s bonus system has two tiers: “One is based solely on hours, and the other is discretionary and that is a mystery!” The hours-based bonus is given to those who meet or exceed the 1,900 target, while the discretionary bonus is awarded to those who make extraordinary contributions to the firm and its activities. 

Pro Bono 

Faegre’s pro bono offering received a unanimous thumbs-up, with “the only disadvantage being that we have a billable cap on the amount of pro bono hours we can do,” mourned one source. Others told us that attorneys are encouraged to complete at least 50 pro bono hours each year. Those who make it or exceed it “get put on the pro bono honor roll, and you can also be nominated for a pro bono award. They’re serious about it.”Faegre has a specialist pro bono coordinator along with “other people who are full-time on pro bono and an immigration specialist.” (The firm's full-time professional pro bono team includes a pro bono counsel and director, five pro bono managers – including one person focused on our asylum and immigration practice – and three coordinators. The team also includes a full-time community service manager). 

“In the past few years, there’s been a long, ongoing anti-human trafficking project."

Sources mentioned “longstanding relationships with tenants’ rights nonprofit HOME Line and Advocates for Human Rights in Minneapolis.” Others mentioned doing “veterans work, adoption cases, post-conviction relief, sexual assault matters, and prisoner litigation. Indiana has a few prisons in the southern district,” sources told us, “so there’s tons to do in that space.” An interviewee added that “in the past few years, there’s been a long, ongoing anti-human trafficking project. Minneapolis partners have assembled a big group working on it there.” This has seen the firm partner up with The Advocates for Human Rights to update a significant report on sex trafficking in Minnesota, which will be released in 2023.

Pro bono hours 

• For all (US) attorneys: 47,000
• Average per (US) attorney: 47

Culture  

With so many offices in so many different regions, it was inevitable that there would be cultural variations across locations. Minnesotans felt “that particularly in the Midwest offices, the firm retains that Midwest character, which means it’s still BigLaw, but at a relatively slower pace that’s more accepting of work-life balance and family commitments.” Sources felt that the East Coast offices had a more high-octane edge, but, they hastened to add, “not in a way that is out of place with other East Coast firms and their cultures.” However, there was some sense of cultural unity across the bases, as this source relayed: “I’ve interacted with associates across the offices and felt there was a good experience across all of them.” 

What contributed to this good experience? “I think they attract a similar type of person across the firm,” an insider suggested. “I feel like people are very open and aren’t cut-throat. They’re super-nice and while we have hard jobs, you feel like you can talk about that without someone using it against you! That makes it easy to form genuine connections.” As a result of this culture of trust, people weren’t scared to bring themselves to work. “I’m a very authentic person, no matter what space I’m in here,” one junior divulged. “To do that, I need to trust people and know that you’ll tell me as it is.” Laterals who had come to Faegre felt that the firm compared favorably to their previous experiences. “I have a lot of fun with my colleagues,” enthused one. “These are people I like and spend time with outside of work.” 

“You are presumed to be on the partnership track unless you say otherwise.” 

As with the culture, the social scene varied from office to office. DC juniors, for example, pitched Faegre as a “keep-your-head-down firm,” but, “if you want to socialize, they’ll pay for you to go out and get drinks.” Chicagoans, meanwhile, felt it was “hard to explain the social scene. Chicago combined its two offices in the height of the pandemic and we’re still trying to find out what that looks like socially.” Associates there still enjoyed “a happy hour every week, which is dedicated to coming together casually” and “connection days on Wednesdays, where they encourage more in-person socialization.” Back home in Minneapolis, we heard “Faegre’s personality is big, social and you’re expected to go out.” But, because of the hometown feel, it was “more intimate” and “it doesn’t feel like a work thing, it feels like a happy hour with your friends.” 

Career Development 

A rather wonderful quirk of Faegre is that associates are specifically hired as either partner-track or non-partner track attorneys from the get-go. To help partner-track associates to progress, “everyone is assigned a partner mentor, who is in place for your whole career, as well as an associate mentor for the first year to help with onboarding.” Another interviewee added: “It’s not just the formal mentorship that has been good. My informal mentors have played an integral role in my wellbeing. They’ll put your name in the room to make sure you’re getting the work you want.” 

"They put their faith in you to do the first draft and then show you how to improve.”

Sources flagged that “first-year associates can put 50 hours of billable credit toward shadowing attorneys.” A litigator mentioned that they received “six weeks of training at the beginning, but after that they start getting you to do things and showing you how to write a document, for example. They put their faith in you to do the first draft and then show you how to improve.” After the initial blast of six-week training (which all first-year partner-track associates get), “the ongoing training opportunities do depend on the group you’re in.” 

Diversity, Equity & Inclusion 

Interviewees were especially positive about DE&I. “That’s something I’m most impressed with,” raved one. “I say that because I continue to see them walk the talk.” Sources felt that while other firms would say “‘It’s a core value, blah, blah,’” at Faegre the firm puts its money where its mouth is by giving “up to 50 DE&I hours that are creditable as billable. The firm doesn’t make money off that work. In fact, it’s spending money.” Sources felt it was “powerful to do that,” as the ability to bill that time showed “recognition of the work” that goes into supporting DE&I activities at the firm. Insiders also liked that “our firm leadership is transparent, and they talk to chairs of the diversity collective every day. They heard some feedback and started quarterly meetings – I appreciate that dedication. There’s a lot of work to be done, but Faegre is trying to make steps to improve.” 

Strategy & Future 

“We have identified clients, talent and financials as top priorities and key areas of focus through the next year and beyond,” says firm chair Gina Kastel. “In 2023, we will focus on growing our impressive client roster, strengthening our deep client relationships and continuing to attract the best talent in the industry.” Taking stock of the current economic climate, Kastel adds: “Planning for potential downturns comes with the territory when leading any large organization. With our balance of transactional, litigation and regulatory practices — together with deep client relationships and collaborative culture — our firm is well positioned to handle any challenges that come our way as a result of economic conditions.”  

Interview with firm chair Gina Kastel

Chambers Associate: How would you define your firm’s current position and identity in the legal market? 

Faegre Drinker is a full-service law firm with nationally recognized litigation, regulatory and transactional practices and industry depth that allows us to solve our clients’ most complex challenges. We have locations across the US and in London and Shanghai.

Our combination in 2020 was a historic and strategic move, creating a strong foundation for the future. We succeed by collaborating to strengthen our deep client relationships, continue to attract the best talent in the industry, and preserve our positive and caring culture.

CA: What are your core practice areas and sector priorities?

Faegre Drinker historically has maintained a diversity of practices to serve our clients with a balance of business and regulatory and litigation. Our core practice areas include corporate, business litigation, product liability and mass torts and intellectual property, and they continue to see increased demand from clients.

We also continue to see demand increase for our specialized niche practice areas, such as investment management, ERISA, environmental, social and corporate governance (ESG), and artificial intelligence and algorithmic decision-making.

In 2022, we saw a lot of positive growth — in client relationships and in our client offerings — and we look forward to continued success in the years ahead.

CA: Have there been any developments at the firm over the past year that you would like our readers to know about? 

2023 has been off to an exciting start and we look forward to all that is to come this year. On April 1, I will begin my term as chair of Faegre Drinker after being selected by the firm’s board late last year.

I am thrilled to be working with an outstanding executive leadership team that includes executive partners David Barrett, Andrew Joseph, Heather Perkins and Judy Reich, along with our chief operating officer Jane Koehl and chief diversity officer Maria Lewis. We are proud that our leadership team brings diversity of office, practice, gender, race and viewpoint. We hail from six offices and four practice groups and have deep leadership experience.

CA: Are there any domestic or international events/trends (legal, economic, political, social) affecting the work conducted by the firm or the way in which it is structured and run?

Planning for potential downturns comes with the territory when leading any large organization. With our balance of transactional, litigation and regulatory practices — together with deep client relationships and collaborative culture —our firm is well positioned to handle any challenges that come our way as a result of economic conditions.

We put clients and colleagues first and no trends will change that.

CA: What is your firm’s strategy, and how do you expect the next year to unfold?

We have identified clients, talent and financials as top priorities and key areas of focus through the next year and beyond. In 2023, we will focus on growing our impressive client roster, strengthening our deep client relationships and continuing to attract the best talent in the industry.

CA: How is the firm evolving to accommodate the needs/expectations of the next generation of attorneys?

We recognize that the next generation of attorneys is thinking differently about their careers, and we are dedicated to innovating to meet their expectations.

We will succeed by working together in high-performing teams and maintaining a strong firm culture built on our core values of collaboration, mutual respect, and diversity and inclusion. Our colleagues learn from one another, embrace new ideas and value each other’s perspectives. We provide better counsel to our clients when our teams bring different points of view.

Our colleagues enjoy multiple layers of personal support and investment in their training and professional development. We have invested heavily in wellness in the past two years and we listen, solicit feedback and make appropriate changes when needed.

We offer a robust training and apprenticeship program and opportunities designed to foster relationship building. Mentoring is a critical component of Faegre Drinker’s professional development efforts, and a firm partner is assigned to each new associate to provide support, advice and guidance at each stage of their career.

We also have an in-house legal writing adviser and coach who is dedicated to working with our attorneys — particularly those newest to the legal profession — to sharpen their writing skills through targeted, effective feedback.

CA: What is the greatest challenge facing the firm in the next decade? How about the legal market more generally?

The legal industry will likely continue to face the challenges of recruiting and retaining talent, and promoting firm culture and collaboration in today’s new workplace environment.

We may also continue to see a lot of change, uncertainty and consolidation across the profession, which solidifies why the time was right to form Faegre Drinker in early 2020. We are excited to maximize the potential of our recent combination by bringing the whole firm to our clients.

Additionally, and along with the legal profession as a whole, we will remain focused on continuing to move the needle to increase diversity and inclusion in the profession, as well as innovating our services, organization and the client experience.

CA: What is the firm’s approach to bolstering diversity, equity and inclusion? Are there any initiatives that are new or that have been working particularly well that you would like to flag?

One of Faegre Drinker’s key values embedded in our culture is diversity, equity and inclusion. Our strategic DEI plan aligns with the firm’s overall strategy, and our approach is rooted in building on our priorities through accountability, innovation and intentionality.

Faegre Drinker holds itself accountable for building a diverse workforce — from recruiting to interviewing, hiring, developing, retaining and promoting firm professionals. We are proud to have a robust pipeline of diverse attorneys that starts with our law student and associate recruitment efforts. For example, we have more than doubled the size of our 1L class over the last two years – we hired more than 30 1Ls across 12 offices and over 90% of those students identify as diverse. In 2022, our summer program was more than 65% diverse and we expect to exceed that in 2023. That has a significant and tangible year-over-year impact in further diversifying our entry-level associate pipeline.

Our retention and advancement priorities provide access and transparency and deepen belonging. We invest in mentoring and sponsoring relationships, including peer integration. Throughout an attorney’s career at the firm, we credit up to 50 hours of qualified DEI work and we track the projects of our diverse associate class to ensure they are given opportunities to work on significant matters with key clients. The firm’s Diversity Collective plays a big role in these efforts – bringing members together and strengthening connections across the firm through bi-monthly firm-wide meetings, ongoing leadership development opportunities, an annual in-person retreat and local gatherings hosted by the group’s local office leads. This past November, more than 200 members of the Diversity Collective gathered in Washington, DC, to attend the annual retreat.

We also assess progress using quantitative and qualitative measures, including data analytics, impact surveys, best practices, benchmarking and addressing gap areas. We offer programs to raise awareness and provide education and learning experiences across the firm. We created an automated real-time customizable client dashboard tool to calculate aggregate data of team demographics to evaluate performance toward goals — allowing us to measure progress, assess improvements and communicate updates to clients.

Since its inception, we have achieved Certification and Certification Plus credentials under the Mansfield Rule, which requires candidate pools of 30+% diversity for senior-level hiring. In 2022, we were named a “Best Place to Work for LGBTQ+ Equality” by the Human Rights Campaign and “Top Performer” and “Compass Award” honorees by the Leadership Council on Legal Diversity for our commitment to building a more diverse firm and a more inclusive legal profession.

CA: What advice do you have for students and junior associates who are just about to embark/have just embarked on their legal career?

To listen and learn as much as you can from those around you — embrace new ideas, value others’ perspectives and act on the good ideas you hear. The importance of relationships cannot be understated. Find mentors and look for teammates who will help further your professional development goals.