Page 12 - CLT072720

12 ¦ JULY 27, 2020 NEWS

¦ From EXPERTS on PAGE 11 changed. You are also dealing with a new, younger
“Sometimes, jurors do things not supported by the generation of potential jurors to whom smoking is
evidence,” Levin said. “But attitudes toward plain- not as pervasive as it was decades ago.”
tiffs and lawyers really vary in different parts of the Jamie Sullivan, an attorney with Howard, Kohn,
country. Certain parts of the country where tobacco Sprague & FitzGerald in Hartford, said, “In products
is grown might be more sympathetic to the defen- liability cases, the defendant will certainly claim the
dant. It does depend on where the claim is brought.” plaintiff was comparatively at fault for not heeding
Dunlap noted though that people today are more the warnings, especially if the warning is of graphic
aware of the dangers of smoking than they were de- images. But it all depends on the jury.”
cades earlier. That could also benefit the plaintiffs’ ¦

side, he said. Robert Storace covers legal trends, lawsuits and
“Forty years ago it was very difficult to persuade analysis for the Connecticut Law Tribune. Follow
a jury that smoking had caused cancer and that the him on Twitter @RobertSCTLaw or reach him at
smoker was not at fault,” Dunlap said. “Times have 203-437-5950.

Some Big Firms
Are Walking Back Earlier Pay Cuts

By Samantha Stokes
The coronavirus pandemic sent a wave of pay cuts, er rate than its standard distribution, after pausing
layoffs and furloughs through the legal industry distributions in February, March and April, he
this spring. While some firms are anticipat- said.
ing further financial hardship, others have recently Wingens attributed some of Lowenstein’s finan-
walked back some austerity measures, reflecting the cial success this spring to its bankruptcy practice,
pandemic’s uneven effects on the legal industry. which is representing the creditor’s committee in
Lowenstein Sandler, Cozen O’Connor, Bryan the GNC Chapter 11 case and is also playing a role
Cave Leighton Paisner and Munck Wilson Mandela in other retail restructurings. More surprisingly, he
have reversed at least some of their compensation said, is that the capital markets practice has been
cuts, with some citing stronger-than-expected de- very busy. The firm closed more than 20 capital
mand and financial performance. markets deals during the last few months, including
Lowenstein paused a portion of planned distribu- four during a single week of June, he said. Fund for-
tions for its 50 equity partners. The firm resumed mation activity is also bustling, while much of the
partner distributions in May, firm chairman and firm’s M&A work has rebounded, he added.
managing partner Gary Wingens said, adding the “In our M&A practice, demand dropped by 35%
firm was “rapidly catching up on distributions” and year over year in April, but by the middle of June,
had its best financial month of the year in June. demand was only off 5%,” Wingens said. “Not only
“Clients and practices are far more resilient than did we see a lot of deals that went on hold in March
we had feared heading into the recession, and even and April come back, but we’re now seeing clients
the practices that had a pretty severe demand shock willing to do new M&A deals, even if they’re not
in April are reversing and had come back pretty fast physically getting together.”
by June,” said Wingens. Wingens said Lowenstein was still being con-
The firm has doubled its usual cash reserves and servative with expenses as it navigates the coming
was able to pay partners in May and June at a high- months, but the firm’s consistent monitoring of its

CONNECTICUT
Law Tribune