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Nationwide Pay Raise Watch: Thacher Proffitt???

Thacher Proffitt Wood LLP Above the Law blog.jpgIn the world of Biglaw, bad news and good news go hand in hand these days. Recall that Clifford Chance announced associate layoffs and generous bonuses in the same week.

And now Thacher Proffitt & Wood, on the heels of yesterday's news about likely future layoffs, is raising base salaries for its senior associates. We haven't seen the full memo yet, but here's an excerpt:

"It has long been a primary principle of our attorney compensation philosophy in New York and Washington DC to have our base salaries and annual discretionary bonuses be competitive with the top firms in New York City. In that regard, we are announcing the following changes to associate compensation..."

Our sources describe it as basically a match for the class of 2002 and more senior: 2002 - $250,000, 2001 - $265,000, 2000 - $280,000, and 1999 - $290,000.

Update (2:55 PM): We now have the memo. It appears -- together with additional discussion, including a word about bonuses -- after the jump.

There apparently was a trade-off for the higher base salaries -- one that, oddly enough, may have reduced total compensation for some associates:

"[P]artners were concerned that TPW wasn't getting "credit" in the market for the firm's 3% 401(k) contribution. So they discontinued it, and raised base salary compensation.

[But] this actually decreases total compensation for classes of 2002 and 2001 if you include the 401(k) contribution. Before, class of 2002 was paid $245,000 + 3% contribution = $252,350. Now they're getting $250,000 with no contribution. However, for class of 2000 and 1999, the compensation goes up: $270,000 + 3% = $278,100 (versus $280,000 now).

The 3% contribution was given year end for all associates who have been with the firm 2 yrs +. So discontinuing it will lower total compensation for 3rd year - 7th year associates. However, TPW still pays above market for third year associates ($190k)."

Got that? The memo also has some information about bonuses:

"The Firm has determined that 100% of the Firm's annual discretionary bonus will be paid in late December, 2007, rather than 50% in December and 50% in February as in past years. Please bear in mind that the final decisions regarding the discretionary bonus will be made in late December, just prior to payment."

One tipster wonders:

"Not really sure what this means. Since the laid off associates are technically not laid off until January, will they get bonuses? Are they going to be competitive with the special bonus, or just the regular bonus. Guess we won't know until December."

Here's the full text of the memo:

THACHER PROFFITT & WOOD -- MEMORANDUM -- ASSOCIATE COMPENSATION UPDATE

TO: Associates and Counsel in the New York City and Washington, DC Offices
FROM: Legal Personnel Committee
DATE: November 28, 2007
RE: Compensation Update

It has long been a primary principle of our attorney compensation philosophy in New York and Washington DC to have our base salaries and annual discretionary bonuses be competitive with the top firms in New York City. In that regard, we are announcing the following changes to associate compensation:

1. Base Salaries. The base salary rates for the associates in the TPW classes of 2002 (6th year) and senior who are resident in the New York City or Washington, DC offices are being raised to the following amounts effective as of January 1, 2008 when all class year salary increases take effect, which revised salaries match the current market:

Class Year Base Amount
2002 $250,000
2001 $265,000
2000 $280,000
1999 $290,000

Associates in more senior classes and counsel will also receive corresponding base salary increases.

Associates in the Summit and White Plains offices in these classes and more senior and counsel in those offices are also receiving base salary increases.

As in the past, each associate and counsel will receive a separate memorandum confirming their base salary for 2008 reflecting their class year step up, as modified by these increases.

2. Firm Retirement Plan. As you know, the administration of the Firm Retirement Plan recently converted from the Vanguard Group to CitiStreet. In connection with this conversion, several changes have been made to the retirement plan. First and foremost, in recognition of bringing the base salaries of the senior associate class years up to market levels beginning January 1, 2008 and having brought junior and midlevel associate classes up to market levels earlier this past year, 2007 will be the last year for which the Firm will make contributions to the Retirement Plan for eligible associates. These contributions for 2007 will be made in March, 2008. Firm contributions for associates will cease after that time.

Second, your ability to make voluntary contributions is being expanded and will be described to you in a separate communication from the Plan Administrator. The net effect of the increase in base salaries and the revisions to the Retirement Plan is to put you in greater control over the amount of your compensation that you would like to save in the Retirement Plan.

3. Timing of discretionary bonus. The firm has determined that 100% of the Firm's annual discretionary bonus will be paid in late December, 2007, rather than 50% in December and 50% in February as in past years. Please bear in mind that the final decisions regarding the discretionary bonus will be made in late December, just prior to payment.

Should you have any questions, please do not hesitate to contact any of the members of the Legal Personnel Committee.

Legal Personnel Committee

Correction: Our apologies. When we first posted this memo, there was a typographical error in it. In the paragraph about the discretionary bonus, "maid" appeared in place of "made." The typo was introduced because our original source for the memo, who did not want to transmit the entire document, was kind enough to transcribe the whole darn thing for us.

But then a second source at TPW sent us the memo in PDF form. We reprint the PDF below, to prove to you that the "maid" typo was not in the original. Thanks, and sorry for the confusion.

Earlier: Nationwide Layoff Watch: Thacher Proffitt Announces Likely Future Layoffs

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Comments

Wow

first?

fourth

Second! aT LAST!!!!

For tax purposes, isn't it a lot better to get 3% contributed to 401k as opposed to a 3% raise in salary?

2:53: Yes, it is way better because you increase the amount you can contribute to your 401k. Sucks that they weren't getting enough "recognition" for it, but cash is king in Biglaw or even Mediumbigbutgettinghosedbecausealltheydoisstructuredfinancelaw.

This will be all the more humorous when next year they decide to pass on most senior associates for partner.

They are concerned about their ppp hit in 2008 so they are paying bonuses all in 2007. This screws associates who were there before because now they are being paid 100% of this years bonus (if any) plus 50% of their 2006 bonus in 2007.

Wow, fire 25 people and then raise salaries. Smart move.

I give the firm 6 months till implosion.

ga ga ga GOINK!!!!!

Don't forget the 3% contribution is tax free too associates. Now they have to pay taxes on the increase in base.

Isn't this a former Prime Minister?

3:15

so, wait, the new 3% raise in base is not tax free? does that mean they have to pay taxes on the increase in base?

Yesterday, I posted a comment stating that I admired the way TPW handled the lay off of 24 associates. I recant in light of their decision to raise the salaries of remaining senior associates. I no longer think that they treated those 24 associates well.

"discretionary bonus will be maid in late December, just prior to payment."

pretty awful typo.

maid?

Agree with 3:18

3:17---i guess you never took taxes in law school

315 -

Not necessarily. 401(k) contributions are pre-tax. So assuming the associate hasn't already maxed out the possible contribution to the 401(k) that is permitted, simply increasing the contribution percentage by 3% (or by a percentage equal to the difference between the old base and new base salaries) should result in there being no significant tax penalty for the increase in the base salary.

3:21--i guess you never read sarcasm

3:21--agreed but my assumption is that at our salaries most max out their 401K contribution so this change does have an effect 200,000 x 3% x40%=$2,400

NY to 190!!!!

3:17--who's the author?

faulkner

This is exactly what Coudert Brothers did before it imploded

I think they meant to say, "the discretionary bonus will be a maid in late December to help associates clean out their office, just prior to payment"

3:38 - LOL!!

3. Timing of discretionary bonus. The firm has determined that 100% of the Firm's annual discretionary bonus will be paid in late December, 2007, rather than 50% in December and 50% in February as in past years. Please bear in mind that the final decisions regarding the discretionary bonus will be maid in late December, just prior to payment.

will be "maid"

My cat's name is Thacher.

His breath smells like cat-food.

Salary list for TPW Associates for 2009

Class of 2008 - $0
Class of 2007 - $0
Class of 2006 - $0
Class of 2005 - $0
Class of 2004 - $0
Class of 2003 - $0
Class of 2002 - $0
Class of 2001 - $0
Class of 2000 - $0

PPP - $0

this place is going down fast

they need to merge or get acquired by a firm with a more diverse practice

Employer contributions are not taken into account in the $15,500 annual cap on 401(k) contributions -- so if someone defers the max, any match actually results in their total contributions (their own and the firm's) being greater than $15,500.

Jerez Lat, me thinks you're getting too powerful. I 'm not saying to expect a horse's head in your bed or anything, but TP&W only, ... ONLY announced today because of yesterday's coverage on ATL.

Wow.

Does this mean that senior associates (those that still have a job) at TPW make more than senior associates at other shops? I thought market for SAs was:
2002: $230
2001: $250
2000: $265
1999: $280

I agree, 4:29. It's amazing how things have changed with the 'net.

I'd hate to say it, but TPW looks like it's going down unless they begin to make some very effective management decisions.

I also wonder what's going through the minds of the top brass at places like CWT and Sidley.

You know how firms are going to start finding out leaks regarding memos? They'll give each associate a slightly different memo (change the article "the" to "a"; 1.5 spacing instead of double spacing; smaller ident; etc). When they find the memo assigned to a specific associate on ATL, BAM!

all the associates need to get off the sinking TPW ship and fast.

all the associates need to get off the sinking TPW ship and fast.

mgt must have realized that no senior associate with any options would stay at a firm thats paying below market and laying everyone off. so they make this move. its kind of unfortunate, because in doing what TPW thought was the right thing (and giving notice) they really screwed themselves because this place is done.

4:00: I could see a Washington firm looking to strengthen their NY practice picking up the pieces here, or at least poaching a few partners feeling insecure about the firm's future.

4:38, nice. I remember reading that technique in a Tom Clancy novel as a way that CIA/NSA tries to ferret out moles when they have a small pool of suspects who are passing along documents.

Probably wouldn't work at a big firm, not enough grammar/punctuation permutations.

2:53: Yes, it is way better because you increase the amount you can contribute to your 401k. Sucks that they weren't getting enough "recognition" for it, but cash is king in Biglaw or even Mediumbigbutgettinghosedbecausealltheydoisstructuredfinancelaw.

there are a few national firms with small NY presences who are looking to expand in NY, like bingham

there are a few national firms with small NY presences who are looking to expand in NY, like bingham

The NYLJ is reporting that TPW is axing 50 associates.
http://www.nylawyer.com/

for you tom clancy DBs, the firms WANT this information out

fuctardathon 07 continues...

TPW has had a few partners smell the coffee and bolt recently, including Appenteng and Comizio - two with books that aren't tied to securitization.

I give the firm 6 months before they are looking for outside bankruptcy counsel, but not as laterals.

Get out quick.