#14 The Legal Profession This Week: Returning to Work​

By Dheepa​

Returning to the Office - Hybrid Working and Mandatory Vaccinations

Skadden Arps Slate Meagher & Flom (Skadden) and Dechert are the latest firms to unveil plans for a return to their offices. Both firms are expecting to re-open offices in September with a hybrid working model in place. At Skadden, lawyers are expected to be in the office three days a week while Dechert is implementing a 50:50 split between time in the office and time at home (The Lawyer). Slaughter and May have different policies based on seniority. Trainees and new joiners are expected to work from the office at least 80 percent of the time, while all other lawyers are expected to spend only 60 percent of the working week in the office (The Lawyer).

Whether or not remote working is here to stay will only become apparent in the next few months. In order for these hybrid models to truly work, managers and senior leaders at firms will have to combat traditional biases against those who work from home. Data from the Office of National Statistics shows that between 2013 and 2020, people who worked from home were 38 per cent less likely to have received a bonus (The Lawyer). Remote workers were also less than half as likely to be promoted (The Lawyer). This could mean that most ambitious young lawyers are unlikely to embrace hybrid working models for long, especially if it poses a threat to career progression within firms.

Other return to work policies that have been set out include rules around vaccination and COVID-19 testing. Skadden is requiring all unvaccinated employees to have tested negative within 48 hours of their arrival to the office (The Lawyer). Dechert is offering up to 8 hours of paid time off to all employees globally to get vaccinated (The Lawyer). Few firms have committed to making COVID-19 vaccination mandatory before returning to the office. Potential claims from employees who refuse to be vaccinated for health and other reasons likely form part of the reasoning behind the ‘encouraging’ rather than ‘mandating’ vaccination approach (Law.com). However, back in February, Winston & Strawn chairman commented that while he hopes “we [the firm] don’t get there” he has not ruled out mandating vaccination for all employees (Law.com).

‘Business as usual’ – the notable deals and cases which went ahead this week:

Shearman & Sterling advised Abu Dhabi National Oil Company (ADNOC) on its $1.64bn issuance of existing shares and equity linked bonds. (Law.com). Shearman & Sterling have had a strong presence in the Gulf region since 1975 when it opened its regional hub in Abu Dhabi (Law.com)

Dechert successfully defended the Republic of Colombia against an arbitration claim brought by América Móvil, a Mexican telecommunications company (Law.com). América Móvil alleged that some of the company’s infrastructure had been expropriated and was seeking about $1.2bn in damages. Law firms in Mexico, Colombia and the Washington D.C. office of Freshfields Bruckhaus Deringer represented América Móvil (Law.com).