Judicial Notice: “I Respect The Supreme Court” – Original Jurisdiction (04.13.25)

Last week was rather uneventful for me, a welcomed change given the chaotic state of affairs globally. However, attending an event at the Harvard Club of New York with Rachel Cohen, the former Skadden Arps associate known for her vocal opposition to Donald Trump, proved to be an enlightening experience. At the event, I also had the opportunity to meet Thomas Sipp, another associate who left Skadden due to its compliance with the administration. If you’re curious to learn more about Sipp’s story, I recommend listening to his appearance on The Daily podcast.

If you’ve tried reaching out to me recently, chances are you received my out-of-office message. My family is currently on vacation for Harlan’s spring break, enjoying the sunny weather at a resort and staying clear from the snowfall in some northeastern areas. Please bear with me as I may take longer to respond to your communications, as well as for sending out this edition of Judicial Notice later than usual. Adjusting to the Mountain Standard Time and attending a Passover Seder had a role to play in this delay.

Moving on to the news of the week, the spotlight shines on the 350-plus members of Law Firm Partners United, a group where Am Law 200 firm partners unite to address their concerns. More firms are entering settlements with the Trump administration in a bid to avoid executive orders, or being “EO’d”. Kirkland & Ellis, Latham & Watkins, A&O Shearman, Simpson Thacher, and Cadwalader were the most recent firms to settle. These agreements involve commitments to provide significant amounts of pro bono work tailored to causes supported by the administration. Compliance monitoring by the Equal Employment Opportunity Commission has been established for the first four firms to prevent illegal discrimination in their hiring practices. Cadwalader’s agreement, though smaller, did not include a monitoring provision.

Not long after these settlements, Trump mulled over the idea of involving Biglaw firms in negotiating trade agreements or coal-leasing deals. The President’s contemplation raises the question of whether firms would comply with such unconventional demands, especially considering the rapid rate at which they are falling in line with his administration’s directives. Individual lawyers are also taking a stand against the executive orders and resigning from their firms. Associates like Andrew Silberstein and Siunik Moradian have left Willkie and Simpson, respectively, highlighting their dissatisfaction with their firms’ actions.

Notably, it’s not just associates leaving. Steven Banks, former special counsel for pro bono at Paul Weiss, and Joseph Baio, the longest-serving lawyer at Willkie, have resigned from their positions for personal reasons aligned with their ethical beliefs. Amidst these departures and settlements, the newly established Law Firm Partners United is providing a platform for partners to voice their concerns and possibly take collective action against the administration’s attacks on Biglaw firms. Neel Chatterjee and David Cross, leaders of LFPU, are considering forming a 501(c)(3) organization to allow members to act collectively, such as filing amicus briefs in legal challenges against the executive orders.

While LFPU is a relatively new group, its formation signifies a growing discontent among Biglaw partners. Members have expressed their desire for a safe space to discuss their concerns and potentially take action internally within their firms. Chatterjee’s stance on staying within the partnership to advocate for change has sparked debate among members, with some considering the possibility of resigning in protest. It seems that it’s only a matter of time before we witness more partner departures, driven by a desire to make a difference or launch their own ventures. LFPU’s role in providing a collaborative platform for like-minded partners could potentially lead to more public displays of dissent within the legal community.