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The Supreme Court will review the Fourth Circuit's refusal to send automatic-stay damages claims to arbitration, the FTC named PE owner Pretium in a proposed $49.75M rental-fee settlement, and Ross asked the full Third Circuit to rehear its Westlaw fair-use loss. The memo asks whether firm-built AI is know-how a rainmaker can't take.

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01The Memo: What Can a Law Firm Actually Sell?
02US Supreme Court: Cert Granted on Arbitrating Automatic-Stay Damages Claims in Goldman v. Brown
03US Federal (FTC): Progress Residential, Pretium Agree to $49.75M Proposed Settlement Over Rental Fees
04US 3rd Cir.: Ross Intelligence Seeks En Banc Rehearing of Westlaw Fair-Use Loss
05EU (CJEU): Non-Binding AG Opinion Says Chatbot Answers Can Infringe Press Publishers' Rights
06Global: A&O Shearman Commits $1.1bn to AI Over Five Years, Mostly Practice Time
07US: Kirkland to Add 40 Weil PE/M&A and Debt Finance Lawyers in January 2027
Matter 01 · The Memo · Opinion 2 min

What Can a Law Firm Actually Sell?

By The Billable Moments Desk

Weil Gotshal's management recommended an orderly wind-down in late October, and its partners had already started leaving. Within about seven weeks of Michael Aiello's September move to Cravath, groups were heading to Kirkland, Gibson Dunn and Latham. What stayed behind now has interested buyers. The cited reports describe offers and expressions of interest, not an announced completed transaction.

My read: these AI investments are a bet on keeping reusable know-how in the partnership when partners leave. The interest in Weil's assets makes the question concrete: which parts belong to the firm, and which depend on client information or continuing licenses?

On either side of a know-how sale, the hard part is likely separating what the firm built from what clients paid for.

Buyers and builders want the same thing. Vetta submitted an offer for selected institutional know-how and technology assets, excluding client files and data, per Reuters. Scissero submitted an expression of interest in certain technology and intellectual-property assets, including Weil's DealVision 360. Per Bloomberg Law, Crosby's terms aren't specific until it evaluates Weil's data. A&O Shearman committed $1.1bn over five years, mostly in practice time, with each practice devoting at least 3% of its time to specialist AI tools. Kirkland is taking Ramona Nee's 40-lawyer group from Weil in January. It also plans to invest $500m over three to four years in its own platform.

The best counterargument is that profit holds partners and tools don't. David Lat argues slower-growing firms find "falling behind in profitability makes them less attractive to their top partners," and Weil's own tools didn't stop more than 30 partners leaving this year. The software also looks interchangeable. Everlaw's connectors to Harvey and Legora are free, per LawSites. And per Law.com, client confidentiality could obstruct a sale of firm data. I think that narrows the thesis without sinking it. The part a firm can own is practice know-how. A&O reportedly weights reusable team assets differently from personal productivity in bonuses, which reads as paying partners to build it.

For firm management, the question is what the partnership agreement treats as firm property when partners withdraw or the firm winds down. On either side of a know-how sale, the hard part is likely separating what the firm built from what clients paid for. Scissero stresses that it isn't seeking "unrestricted access to confidential client information," which I read as a preview of where that line will be argued.

Time entry · what it means for you
Big LawWatch whether A&O's 3% practice-time commitment shows up in its next annual figure for profit per equity partner, which was $2.9m for the year to April 2026.
In-houseAsk outside counsel what their engagement terms say happens to precedents and tools built on your matters if the firm dissolves or sells assets.
NextWatch Dec 31, when Weil will deem any remaining equity partners withdrawn per Bloomberg Law, and then whether any sale of Weil's know-how closes and on what client-consent terms.

Today’s Docket

02

US Supreme Court: Cert Granted on Arbitrating Automatic-Stay Damages Claims in Goldman v. Brown

The Fourth Circuit let a bankruptcy court refuse to compel arbitration of § 362(k) automatic-stay damages claims, splitting with the Second Circuit; until the Court rules, lenders and card issuers moving to arbitrate these claims face different answers by circuit.

Litigation  supremecourt.gov

03

US Federal (FTC): Progress Residential, Pretium Agree to $49.75M Proposed Settlement Over Rental Fees

Sponsor and landlord counsel should note the FTC charged PE owner Pretium alongside its manager, and the proposed order mandating all-in advertised rent binds only once the N.D. Ga. court signs it.

Regulatory  ftc.gov

04

US 3rd Cir.: Ross Intelligence Seeks En Banc Rehearing of Westlaw Fair-Use Loss

Ross seeks rehearing, per Law360, of the ruling on its non-generative legal-research tool's use of Westlaw headnotes. For copyright litigators, the rehearing order is the next watchpoint; the petition does not disturb the panel ruling.

IP  law360.com

05

EU (CJEU): Non-Binding AG Opinion Says Chatbot Answers Can Infringe Press Publishers' Rights

For product counsel at US AI companies with EU users, C-250/25 is one to track, since only the Court's later judgment will bind on whether chatbot answers can infringe press publishers' rights.

IP  curia.europa.eu

06

Global: A&O Shearman Commits $1.1bn to AI Over Five Years, Mostly Practice Time

Per the firm, each practice will put at least 3% of its time into building AI tools, a figure rival firm managers and in-house buyers discussing AI pricing can benchmark against.

Law Firm Business  aoshearman.com

07

US: Kirkland to Add 40 Weil PE/M&A and Debt Finance Lawyers in January 2027

Ramona Nee and five other partners lead the group, per Kirkland; sponsors and lenders with live Weil-staffed deals should confirm engagement and file-transfer terms before the January move.

Law Firm Business  kirkland.com

Off the Clock · American Arbitration Association

AAA opens its AI Arbitrator to documents-only B2B commercial cases

First built for construction disputes, the AAA's AI Arbitrator now takes all two-party, documents-only business-to-business cases. It drafts the award; a trained human arbitrator reviews it and issues the final decision.

 

Thanks for reading today’s Billable Moments.

For information only. Not legal advice.