• Leadership opportunities, bonuses key during tight market
  • Need for associate talent spans range of firms, locations

Law firms are moving aggressively to recruit new privacy and cybersecurity talent as markets across the country see an uptick in client needs focused around technology matters.

Mid- and large-sized firms are offering educational and leadership opportunities to attract new associates while working to build a legal pipeline that emphasizes diversity and inclusion and fighting the burnout that can drive lawyers away from private practice.

Privacy and cybersecurity remains a hot practice area, with large firms looking to beef up practice groups and boutique or mid-sized firms looking to get a slice of the action as well, said David Schwartz, a Chicagobased managing director at legal recruiting firm Major, Lindsey & Africa.

"There's huge demand from firms but not as many attorneys with that experience," Schwartz said. "It's a good time to be an attorney with privacy or cybersecurity expertise—firms can't get enough talented people in these areas."

'Feeding Frenzy'

There's a silver lining for firms: Greater numbers of summer associate applicants are looking to dip their toes into the space, said Erik Weinick, a partner at Otterbourg P.C. in New York.

"A fairly high percentage of candidates I interview are interested in privacy and cyber," Weinick said. "There's been growth since I started working in recruitment for sure."

Still, despite an increased interest among law students and early-career attorneys, firms can't seem to get enough talent in this area, meaning firms have to act competitively to fill jobs, Schwartz said.

"The supply and the demand don't match up," he said. "It's a feeding frenzy."

Lateral associate moves during the first half of 2021 were up 118% for data privacy over the four-year average, according to Decipher, a competitive intelligence firm that performs due diligence on lateral hires.

Vinson & Elkins LLP has a referral program that helps bolster its talent pipeline and keep numbers strong, said Devika Kornbacher, a Houston- and New York-based technology and intellectual property lawyer at the firm.

Firms should also make themselves attractive places to attract fresh attorneys looking to change jobs, said Vered Krasna, a Washington-based principal at executive search firm Parker and Lynch.

That includes having women in leadership positions and on hiring committees, for example, to make female applicants feel supported, she said.

"While bonuses are very real, it's not always just about the money," Krasna said. "There's also unplug time firms are giving to associates, mentorship, a culture of inclusivity and teamwork, and remote work options."

Being an attractive place to work—for associates, lateral hires, and partners alike—is one of the best ways to stave off competition, said Herb Kozlov, a partner at Reed Smith LLP in New York.

"We see the entire privacy and cyber offering having increased demand from quarter to quarter, and we don't see that slowing down," Kozlov said. "That's going to continue to grow on a dramatic basis, so we're going to continue to recruit."

Recruitment and Retention

Burnout can strike even the most ambitious of attorneys, so mentorship, training, and check-in meetings are key to keeping retention high, Kornbacher said.

"It's all about good communication," she said. "We ask associates to self-report how busy they are and we check in with them regularly."

Part of the training pipeline is helping junior attorneys receive privacy certifications such as the Certified Information Privacy Professional (CIPP) designation, which is run by the International Association of Privacy Professionals, Kornbacher said.

And even if the law is still developing, getting mentorship from attorneys who've already "walked that path" is crucial for career development, said Whitney Lee, an associate at Morrison & Foerster LLP in Washington.

"A partner will have a more bird's-eye view of what's coming and be on the lookout for you," she said. "For people who are more senior and are looking to move into partnership, to have someone to shepherd them through that is very valuable."

Taking Ownership

One draw for junior lawyers is the ability to work on projects involving laws and regulations that are evolving in real time, said Meredith Slawe, the Philadelphia-based chair of Cozen O'Connor's retail group and co-chair of its class actions group.

"It provides a real opportunity at a younger age to become a thought leader and to analyze laws and write on trends that other people aren't writing about," said Slawe, who also specializes in privacy and cybersecurity.

When laws such as the California Consumer Privacy Act come out, first-year associates and 30-year partners alike sit down to analyze the text, said Miriam Wugmeister, the New York-based head of Morrison & Foerster's privacy and data security group.

Not only does it foster team spirit, but it also leads to stronger results, she said.

"It's a fantastic area for junior lawyers who are smart and careful and curious to have an opinion and debate," Wugmeister said. "That's how we get to the best solution for our clients—constantly challenging each other in the most positive way."

The dynamism of privacy and cybersecurity and the hands-on collaboration that accompanies work in the field is part of what drew Lee to the practice.

t's also a plus that on any given day, she can work on matters as varied as breach response, privacy program counseling, and due diligence.

"It's unique in that you can come in as a junior or mid-level associate and work on an area of the law that's still developing," Lee said. "Associates really do have a seat at the table."

Originally published by Bloomberg Law 29 July 2021.

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