Top-Ups 2.0

Author

Kristina Bishop, Matthew Jennejohn, and Cree Jones

1 Introduction

“Top-Ups and Telephone” discovered primary mechanisms for how legal innovations diffuse throughout the legal advisory network. We now test the theory of how diffusion happens using a family history pattern. How do firms pass down the knowledge firm by firm?

2 Methods

We assume that firms gain knowledge of how a top-up option works by doing a deal that includes a top-up option with another firm or a deal with a prior adopter of the top-up option. We classify a firm as a “parent,” meaning they pass on the knowledge of the top-up innovation to another firm if:

  1. The cosigner of deal that includes a top-up option is a prior Adopter
  2. The proximate Adopter to a firm: the firm who was a prior Adopter and most recently signed a deal with the firm before it became an Adopter
  3. If the cosigner of the deal is not a prior adopter, then we use the proximate adopter as the parent firm.
  4. All prior Adopters who a firm interacted with the firm before it became an Adopter.

We construct each of these definitions of parent. The following results will use definitions (3) and (4) where specified. Thus, the parent is classified as the cosigner of the deal who is a prior adopter or if the cosigner is not a prior adopter, then we use the most proximate adopter as the parent firm. Similar robustness results could use the other two definitions of parents with fewer firms to analyze as fewer parent relationships exist.

Then, we look at the parents of each firm’s parents and so on to construct a “genealogical” relationship of how firms are connected through the adoption of the top-up option adoption.

We also construct the Cosine Similarity between the texts of each deal to test the theory that as firms become farther removed away from each other through genealogic distance, so does the text of their deal.

3 Results

Table 1: Number of Adopters and their Parents by Type
Number
Adopter Firms 76
Cosigner Adopter 65
Cosigner Prior Adopter 42
Proximate Adopter 47
Cosign Prior Adopter or Proximate Adopter 63
Multiple Proximate Adopters 37

Figure 1: Histogram of the Number of Interactions with Prior Adopters

Figure 1 shows the frequency distribution of the number of interactions each firm has with a prior Adopter. These are also the number of multiple parent Adopters for each Adopter. The average number of interactions with a prior adopter is 4.72. Though the distribution is right skewed with the majority of firms having only one interaction with a prior Adopter - this is the most proximate Adopter to the top-up option adoption decision.

3.1 Descriptive Statistics

This section shows descriptive statistics about the hierarchy and number of parent and children Adopter firms. These relationships are created by observing the parents of each firm’s parents and so on.

Table 2: Count of Total and Unique Previous Parents of Firms
Total Unique
Adopter 76 76
Parent 63 34
Grandparent 46 17
GGP 32 9
GGGP 15 5
GGGGP 7 3
GGGGGP 3 2
GGGGGGP 1 1

Table 2 shows the distribution of the number of parent firm types. This table captures that there are multiple firms who have multiple children. There farthest line that can be traced is that of the fifth great-grandparent. One of these firms exists. The number of farther back connections decreases over time.

Table 3: Number and Mean of Children Firms per Parent Firm
Sum Mean
Children 63 1.85
Grandchildren 46 2.71
Great Grandchildren 32 3.56
GG GC 15 3.00
GGG GC 7 2.33
GGGG GC 3 1.50
GGGGG GC 1 1.00

Table 3 shows the number of each type of child firm. It also captures the average number of children that each firm ancestor has. The largest number of firms in a category is the children category as not all firms share in the hierarchal structure. The average number of grandchildren that each grandparent has is 2.71.

These relationships are explored further in the next section.

3.2 Firm Trees

This section shows the relationships between successive parents in a firm family tree structure.

D 130 130 61 61 130->61 44 44 61->44 50 50 61->50 58 58 61->58 86 86 61->86 285 285 61->285 2 2 44->2 3 3 44->3 9 9 44->9 15 15 44->15 32 32 44->32 92 92 44->92 94 94 44->94 198 198 44->198 141 141 50->141 104 104 58->104 84 84 285->84 125 125 285->125

Figure 2: Relationships of firms who share Heller Ehrman as a common ancestor.

flowchart LR
  
  130[Heller Ehrman] --> 61[Wilson Sonsini] 
  61[Wilson Sonsini] --> 44[Skadden Arps]
  61[Wilson Sonsini] --> 50[Paul Weiss]
  61[Wilson Sonsini] --> 58[Fenwick & West]
  61[Wilson Sonsini] --> 86[Perkins Cole]
  61[Wilson Sonsini] --> 285[Crowell & Moring]
  
  44[Skadden Arps] --> 2[Sullivan Cromwell]
  44[Skadden Arps] --> 3[Kirkland & Ellis]
  44[Skadden Arps] --> 9[Cooley LLP]
  44[Skadden Arps] --> 15[Dechert]
  44[Skadden Arps] --> 32[Davis Polk]
  44[Skadden Arps] --> 92[Dorsey & Whitney]
  44[Skadden Arps] --> 94[Husch Blackwell]
  44[Skadden Arps] --> 198[Akin-Gump]
  
  50[Paul Weiss] --> 141[Bryan Cave LLP]
  58[Fenwick & West] --> 104[Pillsbury Winthrop]
  285[Crowell & Moring] --> 84[O'Melveny]
  285[Crowell & Moring] --> 125[Ballard Spahr]

Figure 3: Flowchart for Heller Ehrman family

Figure 2 shows the parent and child relationships of firms whose common ancestor is firm 130: Heller Ehrman.

D 130 130 61 61 130->61 44 44 61->44 50 50 61->50 58 58 61->58 86 86 61->86 285 285 61->285 2 2 44->2 3 3 44->3 9 9 44->9 15 15 44->15 32 32 44->32 92 92 44->92 94 94 44->94 198 198 44->198 141 141 50->141 104 104 58->104 84 84 285->84 125 125 285->125 51 51 3->51 167 167 3->167 215 215 3->215 85 85 9->85 8 8 32->8 136 136 32->136 69 69 84->69 45 45 215->45 196 196 85->196 63 63 8->63 246 246 69->246 49 49 246->49 64 64 246->64 16 16 49->16 10 10 5 5 10->5 26 26 10->26 28 28 10->28 77 77 10->77 119 119 10->119 139 139 10->139 21 21 5->21 52 52 26->52 66 66 26->66 18 18 28->18 25 25 28->25 112 112 77->112 132 132 77->132 29 29 52->29 31 31 66->31 60 60 66->60 115 115 25->115 27 27 29->27 6 6 43 43 6->43 47 47 6->47 91 91 6->91 131 131 6->131 140 140 6->140 13 13 34 34 23 23 34->23 73 73 23->73 152 152 73->152 46 46 55 55 162 162 55->162 53 53 162->53 59 59 137 137 59->137 65 65 70 70 186 186 70->186 87 87 79 79 87->79 267 267 280 280

Figure 4: Relationships of all Adopters

Figure 4 shows the relationships of all Adopters.

D 130 130 61 61 130->61 9 9 61->9 28 28 61->28 44 44 61->44 50 50 61->50 58 58 61->58 79 79 61->79 86 86 61->86 91 91 61->91 246 246 61->246 9->28 32 32 9->32 66 66 9->66 152 152 9->152 167 167 9->167 28->91 28->152 2 2 28->2 43 43 28->43 51 51 28->51 60 60 28->60 69 69 28->69 73 73 28->73 85 85 28->85 162 162 28->162 215 215 28->215 44->9 44->28 44->50 44->91 44->32 44->152 44->167 44->2 44->43 44->51 44->60 44->69 44->73 44->85 44->215 3 3 44->3 5 5 44->5 15 15 44->15 23 23 44->23 52 52 44->52 84 84 44->84 92 92 44->92 136 136 44->136 47 47 50->47 79->152 79->43 79->92 91->43 91->51

Figure 5: Family Relationships Using Multiple Parents

Figure 5 shows the relationships of the firms when using multiple parent relationships. This graph is shown at only four generational levels of the family 130, Heller Ehrman. It reproduces Figure 2 in the multiple parent version.

3.3 Textual Similarity between Adopters

Next, we calculate the cosine similarity between the Adopter firms and their parents at multiple generational levels.

3.3.1 Histograms

Figure 6: Correlation plot of the cosine similarity between Adopter and its parent (p1) and grandparent (p2), great-grandparent (p3), great-great-grandparent (p4) and third great grandparent (p5).

Figure 6 shows the lower triangular Spearman correlation coefficient of the cosine similarity between an Adopter firm and its parent (p1), grandparent (p2), great-grandparent (p3), great-great-grandparent (p4), and third great grandparent (p5). The fourth and fifth generations are negatively correlated with each other. The cosine similarity of the parent is positively correlated to other generations.

(a) Parent

(b) Grandparent

(c) Great-grandparent

(d) Great-great grandparent

Figure 7: Histogram of Firm and Parent Cosine-Similarity

Figure 7 shows the distribution of the cosine similarities between an Adopter and its parent, grandparent, great-grandparent, and great-grandparent. As the generations become farther removed from the Adopter, the cosine similarities approach one, which shows the texts become less related.

Figure 8: Histogram of Firm and Parent Cosine-Similarity by Generation Removed

Figure 8 shows the same distributions as Figure 7 but in a stacked version.

3.3.2 Heatmaps

First, Figure 9 shows the heatmap of the cosine-similarities of all deals including a top-up option.

Figure 9: Heatmap: Cosine Similarity of all deals that include a top-up option

Next, we show the Heatmap of the adopters, ordered by adoption date in Figure 10.

Figure 10: Heatmap: Cosine Similarity

We break down the adopters into subfamily groups to show if the generation level or the subfamily group within the family matters for the text similarity of the deal in the adoption patterns.

Figure 11 shows a heatmap of family 130 - firm Heller Ehrman, by family subgroups and by generation. We do not see any clear difference grouping by subfamily or generational level. The heatmaps are relatively similar.

(a) Generation level

(b) Subfamily groups

Figure 11: Heatmap of family 130

Figure 12 shows a heatmap of family 10 of firm Gibson Dunn Crut by generation and subfamily level. Again, notice no clear difference in the ordering structure of how the firms are situated in relation to each other by generation level or subfamily groups.

(a) Generation level

(b) Subfamily groups

Figure 12: Heatmap of family 10

3.3.3 DNA test for multiple adopters

Finally, we return to the case of using multiple parents for each adopters and analyzing their textual similarity.

(a) Firm 43: Simpson Thacher

(b) Firm 44: Skadden Arps

Figure 13: Cosine Similarity between Adopter and Prior Parent Adopters by Deal Number

Figure 13 shows for two firms that have the most deals with a prior adopter: 43 (Simpson Thatcher) and 44 (Skadden Arps) the relationship between the deal date and the cosine similarity with the prior Adopter who they signed with. There seems to be no linear trend of deal date and the cosine similarity.

(a) Firm 43: Simpson Thacher

(b) Firm 44: Skadden Arps

Figure 14: Cosine Similarity between Adopter and the Multiple Parent Adopters by the Date when the Prior Adopter Becomes an Adopter

Figure 14 shows the relationship between the cosine similarity of the Adopter and its multiple parent Adopters and the date on which the Prior Adopter became an Adopter. While no linear trend appears for Simpson Thacher, Skaaden Arps shows a negative relationship between the prior Adopter’s adoption date and the cosine similarity of the prior Adopter.