TransPerfect Legal's Antitrust Practice Group hosted its fifth annual Antitrust Clearance and Merger Enforcement Conference (ACME) in 2024. The panel featured key insights from Katherine Reilly, Senior Lead Counsel at Vistra Corp.; Larry Reicher, Deputy General Counsel at Hopper; and Melanie Kiser, Senior Counsel at LinkedIn, with Ausra Deluard, Partner at Dentons, serving as moderator. These industry leaders shared practical insights on strengthening relationships between outside and in-house counsel.

Client-Specific Strategy Matters

A key theme that emerged from the panel was the importance of client-specific strategies in legal services. Outside counsel must recognize and adapt to each client's unique circumstances and requirements. To illustrate this, the panel contrasted service expectations between large corporations like Amazon and pre-IPO companies. A one-size-fits-all approach fails to serve clients effectively, as organizations operate with diverse budgets, timelines, and internal processes. This understanding should inform every aspect of client service—from staffing decisions to billing practices. The panel emphasized the need to consider each client's specific situation, including budget constraints and internal processes, before proposing solutions or staffing arrangements.

Effective Communication Drives Results

Communication is a cornerstone of successful attorney-client relationships. The panel stressed that outside counsel must honor all deadlines, whether court-mandated or business-driven. Business deadlines, in particular, often connect to critical internal meetings and decisions that impact company operations. Regular status updates during complex processes, such as second requests, help maintain alignment and build trust. Additionally, the panel emphasized that business teams need practical, actionable advice— not just problem identification. This requires outside counsel to translate complex legal concepts into clear, implementable solutions that support business objectives.

Cost Control Creates Value

Strategic cost management plays a crucial role in client satisfaction. The panel highlighted how staffing decisions can impact billing efficiency, particularly in meeting attendance. One example shared involved an attorney who demonstrated cost sensitivity by not billing for a junior lawyer's training opportunity This approach recognizes that clients operate with varying budgets and cost constraints. Outside counsel should align their service level with each client’s resources and needs—providing focused, streamlined support for clients with limited budgets and more comprehensive assistance for those with larger budgets.

Regulatory Trust Builds Stronger Cases

Establishing and maintaining credibility with government agencies can significantly impact case outcomes. The panel noted that information about counsel's reliability often circulates within agencies like the antitrust division, making trust a valuable asset. This trust is built through consistent, honest dealings and practical cooperation with regulators. Outside counsel must help agencies understand real-world limitations in data collection and processing capabilities, fostering a more collaborative relationship Over time, these relationships can influence the success of future cases. The panel shared examples showing how reputation affects working relationships with government officials and ultimately shapes case outcomes.

Staying Current Simplifies Regulatory Challenges

Today's regulatory landscape is marked by heightened complexity and scrutiny, with previously routine transactions now facing detailed examination. The tech sector, in particular, faces overlapping regulatory requirements across jurisdictions. Political shifts play a direct role in shaping enforcement priorities and approaches, and the panel highlighted how antitrust enforcement has evolved in response to recent political changes. In this environment, outside counsel must stay current on regulatory trends and enforcement priorities to provide clients with informed, strategic guidance.

Strategic Planning Strengthens Client Results

Success in modern antitrust practice requires adaptability and broad expertise. Outside counsel must continually adjust their approach as client needs and regulatory requirements evolve. Familiarity with adjacent legal areas aids in navigating complex regulatory frameworks, while strong relationships with both clients and regulators facilitate efficient case resolutions. The panel emphasized the importance of staying attuned to political developments that may impact enforcement priorities. This comprehensive approach enables outside counsel to provide effective, forward-looking advice.

Final Thoughts

The insights shared by this panel underscore that successful client relationships require more than legal expertise alone. Modern antitrust practice demands clear communication, practical problem-solving, and a deep understanding of client priorities. To deliver optimal service in a complex regulatory environment, attorneys must balance technical legal knowledge with business acumen. By cultivating these skills, they can not only meet but exceed client expectations, positioning themselves as trusted advisors in an ever-evolving field.