Foley & Lardner LLP - The Inside View

Foley’s a firm that dishes up BigLaw with a “Midwest ethic” and boasts a “reputation for offering a better work-life balance.” What’s not to like? Our associate sources were certainly hooked and regarded the firm as cream of the crop in its home state of Wisconsin. “I have strong ties to the Milwaukee area, and I wanted to lay my roots here,” shared a representative junior. “Foley is the only true BigLaw firm in Milwaukee. You’re able to get access to high-level work and exciting clients without having to go to the coasts.” Another chimed in: “We’re not a Cravath or a Skadden, but we are leaders in a smaller legal market.” Today Foley is the oldest and largest law firm in Wisconsin, but it has also expanded its presence across the US over the years. Thanks to a timely merger with Dallas’ Gardere Wynne Sewell in 2018, the firm has established strongholds in the South, and now has its sights set on cementing its foothold further westward through the expansion of its California practice and the opening of its brand-new Salt Lake City base.  

“Foley is the only true BigLaw firm in Milwaukee. You’re able to get access to high-level work and exciting clients without having to go to the coasts.” 

The associates on our list were spread across 19 of the firm’s 22 US offices. The Milwaukee, Chicago and Boston bases housed the greatest concentration of juniors, but there was also a significant showing across the firm’s California and Texas bases. When it comes to accolades, Chambers USA bestows top-notch praise on Foley’s banking & finance, corporate/M&A,IP, commercial litigation, natural resources & environment, andreal estatepractices in Milwaukee. The firm picks up various state-based rankings across the US, but on the nationwide stage it stands out for its elite healthcare and energy projects work. 

Strategy & Future  

The firm recently made a move to focus on four primary industry sectors: energy, healthcare/life sciences, technology, and manufacturing/supply chain. Foley’s former chairman and CEO, Jay Rothman, elaborates: “We’re hoping to take the knowledge we have from our primary sectors and bring it to our clients in a consultative manner. Our aim is really to see things from their perspective and bring our legal skills to the forefront.” He adds: “Consulting firms are looking to replace us [law firms in general] in a lot of areas where they have strengths, which is why we’re focused on taking a more holistic approach to client service. We believe we bring a lot to the table; we need to focus on what we do best and not get myopic in how we deliver value to our clients.” 

Foley’s recent opening in Salt Lake City was driven by interest in that market’s “innovative technology focus. Salt Lake City, which is dubbed ‘Silicon Slopes’, really is growing tech hub.” Rothman goes on to tell us about the firm’s growth in California in 2021 but explains that “in addition to welcoming new laterals across the country, we are focused on developing talent internally.” Rothman suggests that future mergers are not out of the question, but it “would have to be strategic – not just adding numbers to add numbers.”   

Career Development  

First-years are assigned an associate adviser and a partner mentor, but our sources had gone on to find more informal mentors too. Foley also offers newbies an ‘in-house executive coach’, who can be booked to discuss career goals, “whether that’s with Foley or going in house with a client.” A few sources noted that career development tends to be quite “self-driven” at Foley, which is not to say that there isn’t support available: “There are no inherent steps to building a career in a certain area – which is partially because the firm is so flexible with us pursuing different areas – but there are supportive partners and the resources are there, you just have to find them. The firm expects you to use your initiative.” Another interviewee highlighted that the first-year training program has been bolstered recently, to help juniors find their feet. 

“The understanding is that if you’re here then the intention is to make partner.” 

When it came to the question of partnership, juniors gave the firm a thumbs-up. “I’ve seen it happen for a lot of people and I think it’s attainable,” said an observant source. Another told us: “The understanding is that if you’re here then the intention is to make partner,” while this junior emphasized that “they’re making an effort to retain top talent. I’m working with people who are up for partner and will make partner, and they’re making sure I’m getting work to hone my craft.” A “strong review process” also helps with this trajectory: “It’s very formal and they want you to know where you’re at and what you need to do to stay on the partner track.”  

The Work  

The associates on our list were divided between three overarching departments: business law,litigation and intellectual property. All took on a significant number of juniors, who mainly sourced their work through organic relationships with partners in a “repeat customer” system. “You hit the ground running,” according to one interviewee. “You quickly learn who you work well with, and you ask for more of that work.” At the same time, some groups do have workload reporting systems in place (known as 'Foley Engage'), which can help associates find matters if they need to. 

Under the banner of business law, you’ll find distinct transactions; finance; government solutions; healthcare; real estate; and tax, benefits & estate planning groups. The transactions group was home to most associates and primarily handles M&A, securities, and private equity deals. Sources explained that the Milwaukee office serves a bunch of manufacturing giants, in line with industry trends in the city. Juniors were also involved in licensing agreements for companies investing in crypto, and one-off projects in the aviation industry. When tasked on deals, “you’re doing everything from due diligence to going into the data room and looking at historical files,” a source told us. On matters that are leanly staffed, juniors are often the only associate on the case, meaning they get the chance to “make the first cut on drafts and agreements, with partner oversight.”   

Corporate clients: Delve, LitCharts, Fibroblast. Represented US biotech company Delve during its sale to private equity firm Trinity Hunt. 

“It’s interesting, as a younger associate, to practice litigation in a bigger firm where you don’t specialize straight away.”  

The litigation branch encompasses the business litigation & dispute resolution (BLDR); energy litigation; and labor & employment groups. In Boston, the BLDR bunch cater to a lot of hospital and pharma clients. “We have a great healthcare transactions group that we do a lot of cross-over work with,” a source noted. Over in Dallas, the team works on a lot of local oil and gas cases, as well as IP litigation and business disputes. Rookies were thankful for the range of opportunities present: “It’s interesting, as a younger associate, to practice litigation in a bigger firm where you don’t specialize straight away.” On larger high-stakes cases, rookies can expect to be doing more of the standard junior work, including doc review, analysis, and research. On smaller cases, juniors can really take the reins (with some oversight, of course). “When I’m the only associate staffed on the case, I do anything the partner asks of me,” explained an associate. “I’ve been in charge of tracking progression and deadlines. I’ve also just defended my first deposition and attended a bunch more where I did all the discovery work and drafted a motion to compel.”   

Litigation clients: Kraft Heinz Food Company, Harley-Davidson, Milwaukee Brewers Baseball Club. Represented Johnson Controls and its director during two lawsuits brought over the company’s merger with Tyco International, with plaintiffs’ damages estimated to exceed $1 billion. 

Foley’s IP department houses electronics; IP litigation; mechanical & electromechanical tech; tech transportation & outsourcing; chemical, biotechnology & pharmaceutical; and trademark, copyright & advertising groups. We spoke to associates from the mechanical & electromechanical tech group who work with clients ranging from industry giants to individuals who “invented something cool in their garage.” This bunch also dabble in the fintech space, which is “challenging, but exciting from a tech standpoint.” Juniors are involved in “patenting a lot of things we interact with on a daily basis.”“It feels really practical,” another source highlighted. “I get to see the things I’m working on function in the real world.” Most days are quite typical as an M&E tech junior. “The tasks are pretty similar for all clients,” explained an associate. Juniors are typically called on to file patent applications, which we heard were 20–60 pages on average. But the writing is where juniors really get to let their creativity flow: “You have to describe the invention itself and get creative about how people might design around it or avoid your patent. Ultimately, you have to close the path for competitors and put yourself in the shoes of the business owner.”  

IP clients: Rockwell Automation, SmileDirectClub, Herman Miller. Represents Fashion Nova in a copyright and trademark dispute with Versace.  

Pro Bono  

Associates can count up to 100 hours of pro bono as billable, but “you can ask for a credit extension if you already have a pro bono matter that you’re working on.” This source underlined that they’d “never not been able to get approval” for more billable hours. As a result, juniors agreed that “there’s a strong emphasis on pro bono and high levels of attorney participation.” All attorneys aim to log at least 50 pro bono hours each year. 

“...you can do pretty much anything you want to if you take the initiative!” 

In terms of the range of matters available, “you can do pretty much anything you want to if you take the initiative!” We heard of associates taking on cases for individuals who were claiming asylum on the basis of sexual orientation (“these are super rewarding and a great learning opportunity”); handling matters for arts organizations; and contributing to Foley’s dedicated racial justice and equity pro bono group.

Pro bono hours  

• For all US offices: 44,334
• Average per US attorney: 43.7

Culture, Hours & Compensation  

Billable hours: 1,900 target (1,950 from fourth year onward)  

First to third-year juniors are eased in with a 1,900 billable hour target, which ramps up to 1,950 from their fourth year onwards. With pro bono counting toward the target, our sources tended to be happy with their overall goal. In addition to the 1,950 target, associates also complete 150 'investment hours'. Bonus eligibility kicks in at 1,950, and amounts go up in increments at 2,000 and 2,200 hours. However, juniors assured us that this did not negatively affect the culture of the firm: “You don’t get a badge of honor for billing over your hours,” we heard. “The reality of BigLaw is that you’re going to have to work a lot, but my experience has been that they do care about wellbeing and retaining you.”   

“...the overall culture is why most people stay – at Foley my peers are so great, it’s a really big selling point.” 

At the time of our research, there was no requirement for associates to physically return to the office, but there was considerable encouragement for newbies to come in. There were hopes to get back to ‘normal’ at some point -- albeit with slightly more flexibility than pre-pandemic. However, Rothman tells us that Foley isnot going to be a virtual law firm. As well as the importance of critical in-person career development for juniors, Rothman underlines that “culture cannot be taken for granted – it’s something that must be reinforced by being together.” This sentiment was echoed by our junior sources who shared that there was “a very strong emphasis on personal relationships here. For the most part, folks know each other on a personal level and enjoy working together.”  

One associate concluded that “the overall culture is why most people stay – at Foley my peers are so great, it’s a really big selling point.” On that note: At the time of our interviews, Foley’s base salary did not match the market heights set by Cravath. “That’s fine for me living in Milwaukee,” an interviewee reflected. However, the firm subsequently announced some good news in the form of a new salary scale in May 2022: the first-year salary now matches the Cravath rate.  

Diversity, Equity & Inclusion  

Foley has taken a number of steps on the DE&I front, including expanding recruitment initiatives to historically Black schools, providing attorneys with unconscious bias training, and joining both the Law Firm Antiracism Alliance and Diversity Lab’s Mansfield certification process. “We’re revamping and updating our D&I plan,” says chairman and CEO Jay Rothman. In addition to the steps just mentioned, Foley is “investing in data analytics to keep track of our D&I effors; we watch our incoming classes – our recent incoming associate class have been very diverse.” Rothman adds that he is “active in consulting with our diversity partner regarding leadership appointments to ensure we're considering diverse candidates all the way through the process.” 

Sources highlighted that gender diversity at Foley is good, but also flagged that “there could be better efforts to bring in more minority associates.” We did hear that increasing racial and ethnic diversity “has been a focus for the firm.” 

Get Hired

The first stage: recruitment on and off campus 

OCI applicants interviewed: 1145 

Interviewees outside OCI: 22 

Given Foley has more than 20 offices across the US, it's no surprise to hear the firm visits more than 40 law schools throughout the OCI season and takes resume drops at others. Interviewing one or multiple schedules of students depending on the school, Foley collates a cross-section of attorneys from firm leaders to associates as interviewers. 

There's no template for the firm's interviews so the content will vary, but each interviewer will be looking for entrepreneurial drive, team spirit and examples of leadership. As with all interviews, don't try and put across anything other than your genuine self. 

Top tips for this stage: 

“Do your research and know what our practices are – understand also that we work across the firm and you'll be in contact with everyone.” 

“Our interviewers will ask about your interest or connection to the city to which you are applying. We want to make sure that you’re truly interested in living and working there.” 

Callbacks 

Applicants invited to second stage: 364 

Successful applicants will spend enough time with the firm to attend between four and six interviews including some more informal meet ups in certain offices. Again, the seniority of interviewers will vary. Foley encourages candidates to ask their own questions here, while also demonstrating watertight knowledge of their resume. 

Top tips for this stage: 

“It's obvious when someone's done their research. You don't need to know our whole history but we see your familiarity with the firm as a good indicator of your interest.” 

Summer program 

Offers: 147 

Acceptances: 70 

The firm sorts summer associates into particular practice groups, but it's not frowned upon to sample work from others if you're interested. An online assignment system gives summers an idea of how long tasks will take and gives them some autonomy over what they pick up, and Foley prefers them to get a varied experience across the program. 

A roughly 1:1 partner to associate ratio means it's more difficult to hide in the crowd than at some other firms, and Foley expects everybody to pitch in. That said, they also want summer associates to use the resources and attorneys around them – the majority of each entry-level class comes from the program so it's an ideal opportunity to get to know the folks at Foley. 

Notable summer events: theatre, ball games and boat rides. 

Top tips for this stage: 

“I definitely encourage summers to literally tell senior associates and partners you'd like to work with them, sometimes they don't realize it's okay to approach people here like that.” 

“Take advantage of your mentor and Summer Program Coordinators as you navigate the summer program, they’re eager to help you and can be a tremendous resource!” 

Interview with Jay Rothman, Foley's Chairman

Chambers Associate: How would you describe Foley’s current market position?

Foley’s market position is strong and continuing to improve. We’re ranked in the AmLaw50, and we’re well recognized for our strengths. We’ve recently made a move to focus on four primary sectors: Energy, Health Care & Life Sciences, Innovative Technology, and Manufacturing. We’re hoping to take the knowledge we have from our primary sectors and bring it to our clients in a consultative manner. Our aim is really to see things from their perspective and bring our legal skills to the forefront. We’re 1,100 lawyers strong across 25 offices and continuing to refocus and reorient to provide holistic service to our clients by having a broader perspective and in a role as counsellors.

CA: Are there highlights from the past year or in the firm’s immediate future you think our readers should be aware about?

It’s been a really exciting year for us as the firm continues to perform well financially. We’ve also adopted a new strategy that focuses on four key pillars: clients, people, innovation and investment.

The first pillar will help us increasingly to see things from the perspective of our clients. We need to make sure we understand their strategy as we work with in-house counsel and others.  We need to understand where they’re coming from and the challenges they face so that we can be effective counsellors.

The second pillar is devoted to recruiting and developing world-class talent.

The third pillar is innovation with respect to the services we provide and the manner in which we deliver those services. We’ve implemented artificial intelligence to help drive and create efficiency, as well as data analytics software to organize and sift through our data to figure out how we can become more predictive in terms of results. Overall, the aim is to become both more efficient and effective.

Our fourth pillar is a focus on client strengths and how we can help them in our role as counsellors. This is where our focus on four primary sectors -- Energy, Health Care & Life Sciences, Innovative Technology, and Manufacturing – comes to bear.

CA: Would you characterize the firm as in growth mode?

We recently opened an office in Salt Lake City, which we’re really excited about. We opened in October 2021 with a team of 12 lawyers, led by two partners, David Wright and Jared Braithwaite. The Salt Lake City area is intriguing to us because of its focus on innovative technology. Salt Lake City, which is dubbed ‘Silicon Slopes’, is a growing tech hub. Expanding our footprint there also opens up access to great schools in the area. We’re really hoping to grow there – we currently have intellectual property and litigation teams on site and are hoping to add a corporate practice.

Earlier in 2021, we expanded significantly in northern California by adding partners and other extremely talented lawyers.  In addition to welcoming new laterals across the country, we are focused on developing talent internally. We’re continuing to invest in our associates because they are our future partners.

Overall, we remain committed to our strategy. The pandemic has created some opportunities and firms are looking at where they can add two and two to create five. We completed our last major combination transaction back in 2018, and it's been really great to see us all coming together as one. We’re open to another significant combination and are continuing to look, but it would have to be strategic – not just adding numbers to add numbers.

CA: How has the firm weathered the pandemic and has it affected the firm’s long-term strategy? Has it affected the firm’s remote working policies?

We’re actively trying to address fatigue and burnout from the pandemic in a number of ways. We held a firm-wide seminar on recognizing and trying to prevent burnout and stress. We’ve partnered with a resilience institute for our attorneys and management team, and hired an executive coach for our lawyers. The coach’s role is to provide strategies around achieving career goals and holding yourself accountable for your career trajectory.

In terms of remote working policies, our view is that there will be more remote work post pandemic than pre pandemic. We’re on the path to figuring out what the ‘new normal’ will be.  We understand the desire for enhanced flexibility and are accommodating that, but we also appreciate the importance of people spending time in the office. For junior associates, time in the office is important for professional development and building relationships with peers, both of which are critically important for career growth and professional satisfaction. At Foley, we’re really big on culture. Culture cannot be taken for granted – it’s something that must be reinforced by being together. Ultimately, we really like each other and it's fun to be with your colleagues who are all interesting, smart, and good people.

Some of the issues around burnout and fatigue are driven by isolation. So we’ve said to our lawyers that the aim is to establish a regular routine of being in the office. We trust you as professionals to do what you need to do with your teams, and we’re seeing where it goes while continuing to be flexible. It’s important for our newer associates to be in the office for purposes of training, and the partners need to be there to do the training. At the same time, we recognize that people are in different situations – some may be immunocompromised or live with someone who is, some may have younger kids who have not yet had the chance to be vaccinated and the like. As a result, we have been flexible in our return to office approach.  We view it as a journey, so we’re trying to be flexible as we evolve toward our new normal.

CA: What is the greatest challenge facing the firm in the next decade?

A challenge for all law firms is how to differentiate yourself in a competitive marketplace. Consulting firms are looking to replace us in a lot of areas where they have strengths, which is why we’re focused on taking a more holistic approach to client service. We believe we bring a lot to the table; we need to focus on what we do best and not get myopic in how we deliver value to our clients. Our clients need holistic solutions to the challenges they are facing. We need to use our expertise and knowledge to guide our clients in making strategic decisions in that environment.

Another challenge is finding, developing, and retaining great people. The talent market is incredibly hot right now, but that is always the case for great talent. The question is, how do you differentiate yourself in the eyes of law students? We believe we have a very good story to tell in that regard.

CA: Does the firm have any set targets with regards to diversity? What policies are in place/what new policies are the firm implementing to ensure that the firm meets these targets?

We don’t create specific targets, but diversity is top-of-mind in everything that we do.  We monitor our progress closely. We’re investing in data analytics to keep track of our DE&I efforts; we watch our incoming classes – our recent incoming associate classes have been very diverse. We have a partner selection committee that makes recommendations with respect to new partners, and our Chief Diversity & Inclusion Partner sits on that committee. I’m also active in consulting with our diversity partner regarding leadership appointments to ensure we’re considering diverse candidates all the way through the process. We think broadly about client work assignments to ensure that our people are afforded equal opportunities to be successful at the firm.  We are implementing work allocation tools to help us achieve our goals.  But it is more than just work allocation.  It’s one thing to get great work, but you also need to develop the professional skills in terms of interacting with clients and building relationships, and we help our people do precisely that. We’ve also increased recruitment at schools with more diverse student bodies, expanded the schools we’re looking at, and expanded the scholarships we provide.

We’re likewise revamping and updating our DE&I plan. We’ve expanded our mentorship program, which is working to make sure everyone has equal opportunities. We provide our attorneys with unconscious bias training and emphasize the importance of diversity and civic engagement. We also recently launched our Racial Justice and Equity Practice Group. While the firm has worked on numerous pro bono matters over the years involving unfair and unequal treatment based on race or ethnicity that predated the formation of this practice group, circumstances in recent years demanded an even more  coordinated effort.

As a firm, we’ve partnered with Boys & Girls Clubs of America in order to give back to the communities of which we are a part. Foley is the first law firm to partner with Boys & Girls Clubs of America on a national scale. We’ve also recently joined the Law Firm Antiracism Alliance and are participating in Diversity Lab’s Mansfield certification process.

In addition, we’ve launched a “Confidant Connections” program to assist our people who are struggling with certain life events.  This program allows our people to seek confidential support directly from their colleagues who have had similar experiences. I’ve been really amazed at how open people have been!

As you can see, there’s a lot going on – we view it as a process. There’s no moment where we can declare success, it’s more about continuing to increase awareness and making sure than in every decision you make you have kept diversity in mind because it’s easy to just pick people who look like you or who you’ve worked with before. I’m really proud of our progress as a firm.

CA: Any advice for those about to enter the legal industry?

A couple of thoughts:

One, seek out your mentor or mentors. These people may change from time to time, but finding great mentors is key to long-term success.

Two, never lose sight of excellence. A commitment to excellence is critical.

Three, never let your standards of integrity be challenged. If you don’t agree with something because it crosses an ethical line, don’t do it.

And finally, find something that you are passionate about. If you’re not passionate you won’t be good at it. Find an area you truly care about because it will make a huge difference.