Doing It Wrong (Paul, Weiss) and Doing It Right (Rachel Cohen)
Paul, Weiss is a renowned law firm associated with the Democratic Party. According to Michael S. Schmidt, Matthew Goldstein, Jessica Silver-Greenberg, and Ben Protess, writing in The New York Times, its chairman Brad Karp had a long history of raising money for Democrats and was known for standing up to the current President and his administration.
On March 14th, the White House issued an Executive Order titled “Addressing Risks from Paul [sic] Weiss.” Its substantive provisions are similar to an Executive Order titled Addressing Risks from Perkins Coie LLP. After some wild general allegations about the evils of large law firms. The Paul, Weiss Executive Order narrows its focus, identifying a former Paul, Weiss partner as a target because he had the temerity to participate in investigations against the then-former President. The Executive Order threatens to: withhold security clearances from Paul, Weiss attorneys; to preclude the federal government from doing business with the firm and to terminate all current contracts with it; and to limit access of Paul,Weiss attorneys to federal buildings.
Perkins Coie challenged the Executive Order that targeted it and in short order got a temporary restraining order. The administration responded in true imperial toddler fashion, filing a motion to force the judge to recuse herself from the case, and as Carl Hulse reports in The New York Times, by calling for her impeachment. There was another Executive Order targeting Covington & Burling, and the effect of that order remains unclear.
Faced with losing business and apparently unwilling to follow Perkins Coie’s lead, Paul, Weiss chose to debase itself. The Executive Order directed at the firm was withdrawn because, according to the President, Paul,Weiss agreed to devote $40 million over the next four years to pro bono cause of which the President approves. It has also committed itself to dispense with any efforts at the firm to promote diversity, equity, and inclusion. As Walter Olson writes for the Cato Institute, “This is calculated to chill and deter vigorous courtroom advocacy.” Matthew Goldstein, Jessica Silver-Greenberg, and Ben Protess report in The New York Times that Mr. Karp thinks his actions are consistent with Paul, Weiss’s principles. No, they aren’t. Not even close.
A young, heroic associate at Skadden, Arps has taken a different approach. As Arianna Coghill reports in Mother Jones, Rachel Cohen a third-year associate at Skadden sent a firm-wide e-mail that read in part:
This is not what I saw for my career or for my evening, but Paul Weiss’ decision to cave to the Trump administration on DEI, representation, and staffing has forced my hand. . . . We do not have time. It is either now or never, and if it’s never, I will not continue to work here.
Hundreds of supporters among the ranks of BigLaw associates have signed on to an open letter that Ms. Cohen published. Is BigLaw scared? Not of Ms. Cohen. Here is what I found when I tried to look for her on the Skadden website.
