On The Merits

One would think that the Trump administration's pullback on enforcement across the federal government would mean fewer clients for attorneys to defend. But that would be overlooking another important law enforcer in our system: state attorneys general. Karl Racine and Jason Downs, both partners at the firm Hogan Lovells, are bolstering their practice specializing in helping clients under scrutiny by state AGs, many of whom are actively trying to fill enforcement gaps left by the federal government. It's an area the two know well, with Racine serving as attorney general in the District of Columbia during Donald Trump's first term and Downs serving as his chief deputy. They spoke to Bloomberg Law reporter Roy Strom on the latest episode of our podcast, On The Merits, about a few of the enforcement areas they've seen state AGs prioritizing: crypto, the environment, consumer financial protection, and especially AI. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Being a summer associate at a law firm can be tricky. On the one hand, you want to be remembered; on the other hand, you don't want to be remembered for the wrong reasons. On today's episode of our podcast, On The Merits, we hear from Kate Reder Sheikh, a partner in the associate practice group at Major, Lindsey & Africa, about the pitfalls that summer associates can fall into—from over-imbibing at company functions to trying too hard to get face time with a partner. She says, in the legal world, "there probably are such things as stupid questions," especially when they're being asked of a busy partner with a high billing rate. Reder Sheikh told Bloomberg Law editor Jessie Kokrda Kamens that those most likely to fall into these traps are students who are so-called "K-through-J.D.," or who went straight from undergrad to law school. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Dozens of law firms have sought to de-emphasize, or outright kill, their diversity initiatives since the Supreme Court's 2023 affirmative action decision—and especially since Donald Trump retook office this year and started issuing punitive executive orders that mention them. However, one firm is now doing the opposite. Susman Godfrey announced last week it would expand its annual prize awarded to law students of color, even though this program was specifically called out by Trump in his executive order targeting the firm. Bloomberg Law reporter Tatyana Monnay wrote about the firm's move and why it was taking this step now. She joins our podcast, On The Merits, to talk about what Susman Godfrey did and why its confidence may have been boosted by a federal judge's chilly reaction to Justice Department arguments against the firm. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

We're starting to see the impact of a string of deals reached over the last two months between President Donald Trump and top law firms. Some firms appear to be moving on—and even thriving—after pledging hundreds of millions of dollars in free legal services on causes backed by the White House to avoid punitive executive orders like those Trump has lobbed at others. At least three firms that made deals are primed to cash in on Saudi Arabia's plan to invest $1 trillion in the US, thanks to their ties to a leading sovereign wealth fund: Latham & Watkins, A&O Sherman, and Kirkland & Ellis. Cadwalader Wickersham & Taft, meanwhile, is seeing the downside of doing a deal with Trump. A string of partners have headed for the exit since the firm's agreement with Trump was announced, including some who left because of their opposition to the deal. Justin Henry joins fellow Bloomberg Law reporter Roy Strom on this episode of our podcast, On The Merits, to talk about these two developments and about why it's still too soon to say whether law firms that acquiesced to the president made the right move. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Brian Baxter, a Bloomberg Law reporter specializing in the legal industry, and Sara Kropf, a partner at Kropf Moseley Schmitt focused on legal ethics, delve into the turbulence facing law firms under the Trump administration. They discuss how outside counsel relationships are strained as general counsels weigh the reputational risks of working with politically controversial firms. The conversation highlights the complexities of changing legal partners and the ethical dilemmas GCs face, emphasizing the critical balance between client interests and personal beliefs.

Shortly after law firms started striking deals for free legal services with the White House, Bloomberg Law reporter Meghan Tribe appeared on our podcast, On The Merits, to talk about how much ambiguity there was around what the firms were agreeing to and how these agreements would be enforced. Now, Tribe and her colleague Brian Baxter have seen a copy of one of these deals but many unanswered questions remain. However, we do have more concrete insight into the separate deals firms struck with the Equal Employment Opportunity Commission. Tribe rejoins the On The Merits podcast to talk about what she uncovered and about the details of the EEOC deals. She also discusses whether the firms that struck deals may have made a mistake, or whether it's too soon to say. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

The legal industry is in a state of tremendous flux after just 100 days of the second Trump administration, with the biggest law firms in the country under attack and the Department of Justice's independence in question. Three Bloomberg Law reporters covering three different beats teamed up to write a story chronicling everything that's been happening in the legal world since Donald Trump retook office earlier this year and where we might be heading in the months to come. Those three reporters—Roy Strom, Justin Wise, and Suzanne Monyak—join our podcast, On The Merits, to talk about what they learned in their reporting and why it took all of them to tell this story. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Many students at elite law schools end up working in Big Law for at least a spell. The Trump administration's attacks on the industry, and deals with some of its top players, are making the choice of where to start their careers much more complicated. Students are stuck between two very uncertain options: go to a firm that struck a deal with the White House, despite concerns about a lack of principles; or, go to a firm that's fighting Trump in court, despite concerns about the firm remaining financial stable. Bloomberg News reporter Claire Ballentine wrote about how students are making these tough choices and she speaks with Bloomberg Law editor Jessie Kokrda Kamens on this episode of our podcast, On The Merits. Ballentine talks about how some law students are organizing to help each other make a decision and how the massive debt loads many of them shoulder are factoring in. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Judge James Boasberg began the process of holding Trump administration officials in contempt of court last week as he struggles to get them to follow his orders around the deportation of alleged Venezuelan gang members.That contempt process was halted a few days later by an appellate court, but Boasberg's actions raised questions about how it might play out if he or another federal judge did eventually fine or attempt to jail recalcitrant executive branch officials. Could Justice Department lawyers get arrested? Would the U.S. Marshals Service be arresting them? And what if the president orders it not to?On today's episode of our podcast, On The Merits, Rutgers University law professor David Noll walks us through how these contempt proceedings might work and what the personal consequences would be for Justice Department lawyers caught up in an escalating standoff. Noll also talks about how judges may be able to get around a President who orders US Marshals to stand down: deputizing local police officers.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Like a run on a bank, law firms can quickly collapse if a few rainmakers pick up and take their books of business elsewhere—a vicious cycle that's hard to stop once it gets going.That's the takeaway from a law review article by Yale professor John Morley. He says a partner exodus can happen quickly because there's a huge financial incentive not to be one of the last partners remaining at a firm.That dynamic is on many partners' minds right now as they debate whether to fight the White House's punitive executive orders.For this episode of our podcast, On The Merits, Morley spoke with Bloomberg Law reporter Roy Strom about how these so-called "runs on the partnership" can play out and about which types of firms are the most vulnerable to a catastrophic implosion.Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.