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Related Articles: Associate Justice Samuel Alito suggested that only a large state such as California could have such an impact because of the size of its population, nearly 40 million residents. “Is California unconcerned about all this because it is such a giant? You can wield this power. Wyoming couldn’t do it,” Alito pressed the attorney for the state. “You can bully the other states and so you’re not really that concerned about retaliation.” California argues that the law is a restriction on sales within its borders that applies evenly whether the pork originates from within its borders or outside of them. Fair use?:How a Supreme Court case about Andy Warhol’s images of Prince could change the art world. Associate Justice Neil Gorsuch questioned whether federal courts should be involved in trying to balance a state’s interest in such a regulation against the effect on out-of-state industries. “The alternative you are selling us appears to be that this court should engage in a freewheeling balancing test,” Gorsuch told the attorney representing the pork producers. “What business do we have in that?”. The dispute has ramifications far deeper than the price of bacon: At a time when policies embraced by conservative states often look significantly different from those adopted byliberal ones, the question is when and how much such laws may reach beyond a state’s boundaries. And that led to many hypothetical questions from the justices: What would happen, for instance, if Texas banned the sale of fruit unless a producing state could demonstrate that it was harvested by U.S. citizens? Could a liberal state ban the sale of a product from a conservative-led state, for instance, that had adopted anti-LGBTQ policies?. “We live in a divided country,” Associate Justice Elena Kagan said. “The balkanization that the framers were concerned about is surely present today…Do we want to live in a world where we’re constantly at each other’s throats?”

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  1. Take the return-to-work dilemma. In the summer of 2021, Morgan Stanley’s chief legal officer warned the company’s law firms that if their lawyers and employees did not return to the office, they might risk losing Morgan Stanley as a client.Despite this threat, many firms chose alternative solutions that demonstrated their commitment to doing what’s right for their firm’s culture and their people, while still delivering on their client service promise.A few notable firms still have no concrete in-office requirement for their lawyers. Quinn Emanuel decided that all US lawyers, from first-year associates to partners, can work from wherever they want, indefinitely. Further, the firm will recruit new associates who live in places where the firm does not have an office.These bold decisions make sense for the brand of an aggressive litigation powerhouse that proudly describes itself, using a quote from a legal trade publication, “Better. Faster. Tougher. Scarier.” True to the firm’s clearly articulated brand and culture, Quinn Emanuel is not afraid to take risks to keep talent.
  2. A well-defined and differentiated culture-driven brand can help guide business decisions and position the firm with clients as well.Cooley found itself in a difficult client-versus-culture conundrum when its client, Tesla, asked the firm to fire one of its attorneys who had worked at the US Securities and Exchange Commission during a probe of Tesla CEO Elon Musk. Cooley declined, and Tesla and SpaceX followed through on their threat to pull back work from the firm.It’s a stark example of how a strong culture and brand can give an organization the confidence and framework to respond to challenges in a way that is true to the firm, its people, and its values. Cooley’s decision, while resulting in the loss of Tesla as a client, helped to position the firm’s brand as supportive of its people and culture.Pushing back on a direct client demand takes fortitude. It requires understanding who you are, being clear about how you do things, and having the courage to live that brand.
  3. It’s a stark example of how a strong culture and brand can give an organization the confidence and framework to respond to challenges in a way that is true to the firm, its people, and its values. Cooley’s decision, while resulting in the loss of Tesla as a client, helped to position the firm’s brand as supportive of its people and culture.Pushing back on a direct client demand takes fortitude. It requires understanding who you are, being clear about how you do things, and having the courage to live that brand.Data shows that customers increasingly choose brands whose values align with their own over those that do not. It makes sense that some clients will be inclined to work with Cooley because they respect the firm’s values-driven business decision.And in general, having a strong sense of who you are—and who you are not—does a lot of heavy lifting: it helps you stand out from the crowd, communicate your value proposition to clients and potential clients, streamline the business development process, and attract clients who are the right fit for your service model and areas of expertise.

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Before you can live your brand, you have to define what it is, and ensure that your entire organization embraces it and rallies around it. Those firms that can articulate and communicate their brand and culture will find themselves at an advantage.The process begins with speaking to clients and people at the firm, including a meaningful number of partners, to learn what they see as the firm’s differentiating factors that are highly relevant to clients and recruits.Since law firms are service businesses with lots of competitors that offer similar practice area expertise, the differentiators often come down to norms, behaviors, and service approach, which again are closely aligned with the culture.Based on these findings, a clearly defined strategy needs to be developed to serve as a framework for delivering on those differentiators through all communications and actions.An authentic, distinctive brand driven by a cohesive and successful culture is a crucial asset to help your firm thrive. Whatever comes next, your brand and culture will be your guide.This article does not necessarily reflect the opinion of The Bureau of National Affairs, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

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