Maryland Lawyer
Monday, February 22, 2011
News and analysis of legal matters in Maryland
Second time’s the charm
Zuckerman Spaeder convinces Murphy & Shaffer to join its fold
RICH DENNISON
Murphy & Shaffer’s attorneys will join Zuckerman Spaeder on Feb. 28. Seated (from left) are Robert T. Shaffer III, Herbert Better, Martin S.
Himeles Jr. and William J. Murphy. Standing: Daniel P. Moylan, John J. Connolly and Conor B. O’Croinin.
BY DANIELLE ULMAN
[email protected]
DANNY JACOBS
[email protected]
AND
S
ince the day William J.
Murphy opened his litigation
practice in 1984, he estimates he’s fielded more than
25 overtures to fold his firm into
another one. None of them interested him.
None, that is, until Martin S.
Himeles Jr. came knocking — for the
second time.
The two sat down over lunch
about five years ago to discuss the
possibility of Murphy & Shaffer
LLC joining up with Zuckerman
Spaeder LLP, where Himeles is the
managing partner of the Baltimore
office.
Murphy let Himeles down gently,
offering up kind words for the firm,
but saying he and his partners
enjoyed their independence.
In
September,
Himeles
approached Murphy again.
“But, this time when Marty called,
I was intrigued by it and thought it
might be a good time for us to consider a move to a larger platform, if you
will,” Murphy said. Based in
Washington, D.C., the boutique litigation firm has about 65 attorneys and
offices in Baltimore, New York,
Tampa, Fla., and Wilmington, Del.
On Feb. 28, the Baltimore office
will double to 10 attorneys, when the
five lawyers from Murphy & Shaffer
become part of the firm. Murphy,
Robert T. Shaffer III and John J.
Connolly will join as partners, while
Daniel P. Moylan and Conor B.
O’Croinin will be associates.
“Sometimes people’s circumstances change and I didn’t know
whether that would be the case for
him and so I thought, why not broach
it again,” Himeles said. “He was very
excited about the prospect from the
moment I mentioned it. He was at a
different point in his career and the
benefits of the opportunity outweighed his desire for independence.”
From the start, Zuckerman
Spaeder was single-minded in its
effort to grow.
“We never approached another
group of lawyers about joining us …”
Himeles said. “There is no other
group of lawyers that we’ve ever seen
as such a good fit or has had such
exciting potential.”
According to the law firm consultancy Altman Weil, firm mergers are
on the rise.
“The race is on and mergers and
acquisitions for law firms have heated
up again,” said William Brennan, a
principal with Altman Weil.
While they haven’t reached the
“white-hot” pace of 2007, he said, “a
lot of law firms that were previously
unwilling to talk about mergers are
now actively looking for a merger
partner, because of the continuation
of the overriding trends of globalization and consolidation within the
industry.”
Both Murphy & Shaffer and
Zuckerman Spaeder said the move
will help round out their practices.
Murphy & Shaffer, which has a
strong civil litigation practice, will
provide a “deeper capability” in that
area to Zuckerman Spaeder, which is
known for its work in white-collar
criminal defense, regulatory litigation
and commercial litigation.
The Baltimore office is home to
four partners — former U.S.
Attorney Herbert Better, Himeles,
Cy Smith and P. Andrew Torrez —
and one counsel, William K.
Meyer. Notable wins include the
multimillion-dollar award of
retroactive pension benefits to the
family of football great “Iron
Mike” Webster and a class action
on behalf of Medicaid recipients
who were overcharged for nursing
home care.
“After a while, you don’t want to
Joining Zuckerman Spaeder will
provide the lawyers from Murphy & worry,” he said. At a larger firm,
Shaffer entre to bigger clients on the Martin continued, “if you have a down
national stage. In particular, Murphy year, not everybody suffers because
said the move would allow him to someone else is having an up year.”
Martin was 58 when he made his
expand his white-collar criminal
move; Murphy is now 57. Murphy
defense practice.
Among other things, Murphy rep- said the pressures Martin described
were not a factor
resented several
in the merger deciattorneys in the
sion, but he admitOffice of the
ted he is happy to
White
House
be relieved of “a
Counsel during
lot of administrathe
Clinton
There is no other group
tive responsibiliadministration, as
of lawyers that we’ve
ties” in his new
well as an assisever seen as such a
position.
tant defense secgood
fit
or
has
such
“I’m happy to
retary in an action
exciting potential.
be able to focus
filed by former
more on the cases
Pentagon staffer
and my clients,”
Linda Tripp for
martin s. himeles jr.
Murphy said.
alleged violations
Managing Partner
Martin’s
of the federal
2003 move was
Privacy Act and
part of the dissocivil rights laws.
“I’ve done a lot of [white-collar lution of Martin, Snyder &
criminal defense] work over the Bernstein. His partner Gregg L.
years, but I’m often representing indi- Bernstein, now the Baltimore City
viduals typically who might be part of state’s attorney, subsequently
a larger investigation, whereas the joined Zuckerman Spaeder.
Zuckerman firm is more often
Bernstein, who was sworn in last
involved in representing a corpora- month, took associate A. Paul Pineau
tion, and so I had that interest in with him to the state’s attorney’s
expanding my practice in that way,” office.
Murphy said.
“From a serendipity standpoint,
they’re pleased that they were able
to accomplish this when I left
Beyond serendipity
Gerard P. Martin was in Murphy’s because it certainly fills a void from
shoes in 2003 — a name partner in a when I left, and probably fills much
small firm ready to make a change — more than a void,” Bernstein said.
when he and three colleagues joined “Then again, it’s something that was
what is now Rosenberg | Martin | thought about for a long time.”
Murphy said Bernstein acted as
Greenberg LLP in Baltimore.
something
of a “matchmaker” on the
“There’s a certain point in your life
when you say, ‘I don’t know if I want merging of the firms, calling Murphy
to keep pushing the way I’m pushing in September in the midst of his camto keep the firm afloat,’” said Martin, paign to convince him the merger
who is friends with lawyers at would benefit both firms.
Running down a list of attribZuckerman Spaeder and Murphy &
Shaffer and called the merger “fabu- utes — hard-working, detail-oriented, cerebral — common to
lous.”
A founding member of a firm can members of both firms, Bernstein
feel the pressure of supporting not called the deal a “great fit.”
Andrew Jay Graham, a founding
just fellow lawyers but the professionpartner of Baltimore litigation firm
al staff as well, Martin added.
“
”
Kramon & Graham PA, agreed, and
said as much when Mark Foster, a
Zuckerman Spaeder partner in
Washington, D.C., and Graham’s
roommate in prep school at Andover,
called to ask his opinion on the potential merger.
“I don’t see how there’s any downside to the deal because they’re
strengthening a very strong firm with
excellent lawyers,” Graham said.
He did say that Murphy &
Shaffer’s lawyers could struggle
with the culture shift of moving to a
bigger firm, and Murphy acknowl-
edged that the hardest part about
the move could be dealing with
more bureaucracy than they are
used to.
That, and occasionally driving into
the wrong downtown parking garage.
Murphy & Shaffer will be leaving
its offices at 36 S. Charles St. and moving into Zuckerman Spaeder’s existing
offices on the 24th floor of 100 E. Pratt
St., overlooking the Inner Harbor.
Although that brings the fivelawyer office up to 10, it won’t be
quite as crowded as it sounds. Until
Bernstein and Pineau’s departure in
January, Zuckerman Spaeder was a
seven-lawyer office. And it had plenty
of elbow room.
Three years ago, Zuckerman
Spaeder had the option to take over
some space adjacent to the office. It
was more than they needed at the
time, Himeles said, but that’s about to
change.
“Now,” Himeles said, “we have
just enough space to do this without
moving.”
Reprinted with permission of
The Daily Record Co. ©2011
Founded in 1987 by former Maryland U.S. Attorney Herbert Better, Zuckerman Spaeder LLP’s Baltimore office, now
led by managing partner Martin S. Himeles, Jr., has become a prominent source of legal talent for businesses and
individuals facing complex civil, criminal, and regulatory litigation in Maryland and beyond. Seven of the office’s 10
attorneys have been listed in The Best Lawyers in America, and the office and its attorneys have been similarly recognized in U.S. News and World Report, Chambers USA: America’s Leading Lawyers for Business, Benchmark
Litigation, and other legal industry publications.
Our Baltimore attorneys represent national and regional businesses and individuals in a wide variety of complex civil,
regulatory, and criminal matters. Clients include public and private companies; executives and directors; national and
regional law firms; hospitals and other health care providers; public officials; plaintiffs and defendants in complex class
actions arising under federal and state law (including the federal Medicaid, RESPA, and securities fraud statutes); public utilities; and individuals with claims arising under the federal pension statutes, including such diverse clients as
retired professional football players and labor union executives. By virtue of the depth and breadth of experience
among the office’s attorneys, they are able to represent clients in litigation of any size or complexity.
Over the years, the lawyers in our Baltimore office have demonstrated a commitment to public service and have become
leaders in the community. Four of our Baltimore partners have served terms as president of the Maryland Chapter of the
Federal Bar Association; one is vice chair of the American College of Trial Lawyers’ Maryland State Committee; and our
attorneys have served in leadership positions and on committees of the American Bar Association, state and local bar
associations, and the U.S. District Court for the District of Maryland.
Our lawyers also are involved in cultural and charitable organizations in the Baltimore community. Continuing this tradition of community service, the office invests in the youth of Baltimore through two unique and rewarding programs:
the Public Justice Center, which helps secure education and health care for homeless and indigent children; and the
Baltimore Urban Debate League, which provides competitive public policy debate instruction and college access programs to elementary, middle, and high school students in the city’s public schools.
Zuckerman Spaeder LLP | 100 East Pratt Street | Suite 2440 | Baltimore, MD 21202-1031 | 410.332.0444
www.zuckerman.com