Morrison & Foerster LLP

This firm did not participate in Chambers Associate 2011-12. Here's a shortened version of what we wrote in 2010...

MOFO's strengths are in the countercyclical practices of litigation and IP, with a growing capability in bankruptcy and restructuring. The firm offers a broad range of services to a host of renowned clients such as Apple, Fujitsu, Hitachi, Bank of America, Dreamworks, Hershey Foods, PG&E Co, T-Mobile, UPS and Yahoo!.

MoFo’s April 2009 collaboration with Ovidian Group, an IP asset management firm, illustrates the firm’s commitment to the hi-tech sector. This is the first partnership of its kind and will help MoFo maintain its position at the vanguard of the IP legal world.

The Work  

MoFo “likes to keep you in the same group you start in.” Most juniors have no problem with this but because it is primarily about what is “convenient for the firm” there were occasions when associates are “volunteered into a group” that they are “not particularly OK with.”

All new litigators do general work, receiving assignments through a combination of a formal system and a “free-market system,” which quickly becomes the more common method. “If you want to develop a substantive specialty, you have to approach specific partners,” one source explained. Most agree that “if you let them know what you are interested in, you will probably get what you want.”

Transactional associates are assigned into a specific work group when they arrive. This is great if you know exactly what you want to do, but frustrating if not. “You are not in any way encouraged to find work from anywhere else,” one said. Within the groups it is “a complete free-for-all. There is absolutely no top-down management of workflow,” resulting in “some associates falling by the wayside and others tending to get overloaded.”

Levels of responsibility available vary. Associates in larger groups feel “you have to work quite hard to find it,” while those in smaller groups say you can “take on as much as you want.” This is particularly true in the specialist patent litigation group in San Diego, where there is “no stratification of tasks. They trust their hiring decisions. The partner supervised my first couple of tasks but after that he didn’t bother.” What is agreed on is that associates are more likely to be managing a document review team than doing any themselves. Associates spend most of their time drafting documents and memos, researching, proof-reading and contacting clients on smaller matters.

Most current juniors work with other MoFo offices across the USA, and some get the chance to travel. “I’ve been to Switzerland, for a couple of months in total if you add it all up,” a second-year litigator reported. The firm is “exceptionally well integrated,” chairman Keith Wetmore said. “It would be an exception for someone to be working on matters based entirely in their own office. Our clients don’t want to hire an office. They want to hire the whole firm.”

Training & Development  

Training at MoFo “is incredibly structured.” An orientation event for all new starters brings associates from all the offices together. “We got three months’ worth of weekly sessions on the bare bones of litigation when we started,” an associate reported. Core training continues throughout associates’ time at the firm, with additional general practice and specialty training by department and practice groups. “There is as much as you could possibly want, both informal and formal.”

The mentoring system also gained high praise. New starters are assigned associate mentors “who are supposed to watch out for you” and respond to basic queries. Within three months of starting, the ‘Odyssey Program’ assigns associates a partner mentor (for whom associates can indicate a preference) from their work group. The partner mentors meet their charges for lunches and go through specific practice goals.

In their first year associates are given two appraisals, then reviews happen annually. Associates “are impressed with the amount of work that goes into them,” but feel they lack specificity when it comes to feedback on explicit projects. “You have to seek that out for yourself,” one said.

Offices  

California is where the vast majority of its attorneys are based, spread across six offices. San Francisco is still the largest, and associates call it “the mothership.” It is situated on Market Street, right in the heart of the city’s financial district, and has spectacular views, though associates find the building “a bit dated. It has older carpets, purple paint, smaller offices than in Palo Alto, for example.”

In comparison, the Denver office has “trendy two-tone gray walls, dark wood doors contrasted with light pine desks.” Thanks to the firm's California roots, the New York office is “decidedly un-white shoe. It doesn’t have that level of austerity.” The San Diego office is a “very pretty” building that was only finished in 2005. It even has its own MoFo surfboards for the classes it holds for summer associates, one of which hangs in the new communal lunch area.

All the locations have “kitchens on every floor stocked with drinks, and espresso coffee machines” with open lunch areas. New associates get their own offices from the beginning in all locations except New York, where they tend to share for the first six months to a year. The firm “encourages you to bring pictures and personalize the space.” 

Culture  

MoFo is traditionally known for its socially conscious philosophy and commitment to pro bono and diversity recruitment. Many associates are drawn by this reputation but are prepared to take it with a pinch of salt. “It’s a little more relaxed and laid back here but MoFo is not to be confused with a lifestyle firm,” one said. A San Francisco associate remarked: “I don’t think it’s a conservative place but I haven’t found it overly liberal. It’s as left-leaning as a firm dealing with large corporations can be.”

There has been a shift in MoFo’s focus recently, compounded by chairman Keith Wetmore’s relocation to New York. “The old days of San Francisco being more relaxed are gone,” an associate said. “We are closer to our New York peers now. We have to do it to keep getting the Fortune 500 companies and maintain prestige.” Wetmore's response was pragmatic. “We are a more national and international firm than we were 20 years ago. I think we continue to be a place that respects and cherishes the differences among us, but it is an equally critical part of the culture that we remain nationally competitive.”

Yet there's still a lot that makes it MoFo. “People are not afraid to be themselves or to speak their ideas,” an associate said. "It is an open place and I enjoy being able to cut through some of the hierarchy.” Ironically, the New York office is more relaxed than the San Francisco headquarters, associates said. “It’s as close to the SoCal mentality in New York as I think I could find,” one New York associate enthused.

The dress code is characteristically Californian too; the entire firm has a business-casual policy. “When I go to other offices I see the fanciest business-casual I could possibly imagine,” a Denver-based associate commented.

The overwhelming impression of MoFo’s social life is that “it is easy to get one but there is no pressure.” A New York associate explained: “We don’t hang out but everyone is incredibly approachable. I have no problem with walking into anyone’s office.” Most offices do host happy hours and socials. The Los Angeles office provides free dinner for associates and paralegals every Friday, and DC hosts “random wine and cheese tastings.” In San Diego, the whole office gets together to celebrate holidays like Christmas and Independence Day.

Finally, there is no better test of a law firm’s mettle than how it treats its associates during tough times. In terms of difficult decisions during the downturn, “the management were very upfront about it. They allowed associate representatives to voice our concerns throughout,” a junior said. “There were no stealth layoffs,” and the firm helped those being let go to find jobs. “They were all given letters of recommendation.”

Hours & Compensation  

Associates outside of New York are required to bill 1,950 hours, which includes an unlimited amount of pro bono, and then an additional 350 on nonbillable work, for a total of 2,300 hours. Patent prosecution associates have a minimum requirement of 1,800 hours. New York associates must bill a minimum of 2,300 hours, which includes billable, pro bono and nonbillable work.

Additional bonuses kick in at 2,100 and 2,300 hours. The firm matched the Cravath-set scale in 2010 with bonuses ranging from $7,500 for the class of 2008 to $30,000 for the class of 2003 and earlier. However, “if you only squeaked 1,950 they wouldn’t think you had done a good job,” a junior said. The San Diego patent prosecution team, where “the cases are so much smaller and there is often a budget cap,” is the exception to this rule: 1,600 hours is the target, with additional bonuses awarded at 1,750 and 2,000 hours.

The salary cuts enacted in October 2009 have been rescinded, and starting salaries are again $160,000. 

Pro Bono  

There is no cap on pro bono and each hour counts toward the annual bonus. Some associates would like more transparency as to whether there is an unofficial cutoff, while others take full advantage of the opportunities, accruing hundreds of hours a year. “More than half of my billable hours have been on major pro bono projects,” a litigator exclaimed. “There is a lot available and it seems to be treated as equally important. For my career advancement it’s probably not seen that way but I don’t plan on being here forever so I don’t care about that.”

In 2010 the firm took on the CIA, the Department of Defense and the US Army on behalf of veterans’ rights organizations and six veterans suffering from multiple ailments tied to a secret testing program, in which they were deliberately exposed to chemical and biological weapons without informed consent.

Other pro bono work available includes high school expulsion cases, housing clinics, Guantánamo Bay defendants and asylum work. One junior recently represented a defendant in a federal criminal conspiracy. There is also the opportunity to bring in your own work if the firm approves it. 

Diversity  

MoFo's won a 100 percent Perfect Ranking since 2003 in the Human Rights Campaign Corporate Equality Index’s annual report on LGBT equality in corporate America. It was ranked 11th by Minority Law Journal for diversity among US law firms in 2009, and it received the inaugural Diversity Award from the National Asian Pacific American Bar Association (NAPABA) for its commitment and success with diversity, particularly in recruitment, retention, advancement and promotion of APA attorneys. Chairman Keith Wetmore is openly gay and in April 2009 MoFo’s London office appointed the city’s first black boss, Trevor James.

Despite the firm's progressive slant, associates don't have a huge amount to say on the issue. “There is a level of diversity in comparison to other firms,” one remarked, “but I don’t think they are doing a great deal to buck the trend, although I think historically they did.” A San Francisco junior stated: “As a person of color I don’t think there is a good track for people of color to succeed at this firm.” 

Only 11 percent of the partnership is from an ethnic minority, but with the national average standing at just 6.2 percent, this figure is undeniably impressive. Additionally, 34 percent of associates are from minority backgrounds: in New York and DC where 34 and 27 percent of associates respectively are from minority backgrounds MoFo stands well above the average in those markets. Five percent (40 in 770) of partners and associates are LGBT, 21 of whom are in San Francisco; ten are based in New York, according to 2009 NALP statistics.  

The recent hiring of a full-time diversity coordinator has resulted in the creation of affinity groups. The firm holds Women on Wednesday lunches for people to gather and discuss relevant issues. The San Francisco office puts a lot of work into Pride Week and there is a Latino Heritage Week. “They are certainly attempting to make it a more rounded place,” an associate said.

Get Hired  

Law students who visit MoFo’s characteristically flippant and ironic careers pages will be greeted by cheerful pipe music and the words “Do you have it?” in bold capitals. The "it" refers to the “MoFo Mojo.”

MoFo commands an international reputation for top-notch, complex work, so applicants must have excellent grades. “But the firm also looks for whether people have something unique to offer,” an associate said.

MoFo associates have spent time in working in other industries prior to entering the law. Associates who have worked in the technology sector are common, but other past careers include teaching, marketing and PR, social work and even radio. MoFo likes recruits who are “cognizant of the world around them,” and who can handle themselves in a professional environment. But this is not to say that you will be discriminated against if you have come straight through school.

Strategy & Future  

MoFo is aware of the impact the financial crisis had on clients and plans to adapt accordingly. “We’re trying to find a way to use the downturn to get more embedded in our clients," chairman Keith Wetmore said in an interview with The Lawyer. "They’re asking more of us, it seems only fair that the quid pro quo is that we ask more from them. I think there may be a swing back to more retainer relationships and a push for longer-term investment in clients and by clients.”

Despite this, there are no indications the firm will overhaul its legal expertise. “We are not proposing any striking new initiatives and we will continue to grow the things that are distinctive expertise for us," Wetmore said. "That’s IP and IP-related practices, especially IP litigation in the US, our Asia practices, and insolvency and cross-border capital markets.” Indeed, growth in Asia is likely to be an emphasis for the firm. “We are increasingly dependent on not just New York and London, but also Hong Kong, Shanghai and Tokyo,” he confirmed.

Chambers Associate 2011

    Band 1
  • Corporate/M&A
    ( Nationwide )
  • Financial Services Regulation
    ( Nationwide )
  • Intellectual Property
    ( Nationwide )
  • IT & Outsourcing
    ( California )
  • Privacy & Data Security
    ( Nationwide )
  • Technology
    ( New York )
  • Band 2
  • Energy & Natural Resources
    ( California )
  • Environment
    ( California )
  • Life Sciences
    ( California )
  • Outsourcing
    ( Nationwide )
  • Real Estate
    ( California )
  • Transportation
    ( Nationwide )
  • Band 3
  • Antitrust
    ( California )
  • Banking & Finance
    ( California )
  • Capital Markets
    ( Nationwide )
  • Employee Benefits & Executive Compensation
    ( California )
  • International Trade
    ( Nationwide )
  • Litigation
    ( California, New York )
  • Retail
    ( Nationwide )
  • Tax
    ( California )
  • Band 4
  • Appellate Law
    ( Nationwide )
  • Climate Change
    ( Nationwide )
  • Labor & Employment
    ( California )
  • Projects
    ( Nationwide )
  • Securities
    ( Nationwide )
  • Band 5
  • International Arbitration
    ( Nationwide )

Bold shows where the firm is ranked in the indicated band.
Non-bold shows where the firm is ranked in lower bands.