Elaine Goldenberg, Munger, Tolles & Olson Elaine Goldenberg, Munger, Tolles & Olson

Elaine Goldenberg, an assistant to the U.S. solicitor general for the last five years, has left to join Munger, Tolles & Olson as a partner to help grow its new appellate practice in Washington. She has argued 12 times before the U.S. Supreme Court.

“I had an incredible experience and learned so much” in the solicitor's office, Goldenberg said Monday. “I felt it was time to take what I had learned into private practice.”

Goldenberg's departure comes in the wake of an announcement last week that Nicole Saharsky, another veteran of the solicitor's office, was joining Gibson, Dunn & Crutcher. Three other female assistants have left the office for private practice this year, cementing the office's recent reputation as a key source of female advocates who are altering the mostly male demographics of private-firm Supreme Court practice.

Ginger Anders went to Munger Tolles in March, and in July, Sarah Harrington and Ilana Eisenstein also left the office—for Goldstein & Russell and DLA Piper, respectively. Also this summer, Elizabeth Prelogar was detailed to special counsel Robert Mueller's legal team.

The low number of women arguing cases before the high court has been a recurring topic of debate. A recent study by the blog Empirical SCOTUS indicated that fewer than 11 percent of the nonfederal government lawyers arguing before the court since 2012 were women. According to that research, the eight women with the most arguments since 2012 were assistants to the solicitor general.

In reaction to the report, Eisenstein said, “The good news is that, during my tenure at the Solicitor General's Office, we had near gender-parity among the assistants to the solicitor general.”

In an interview Monday, Goldstein & Russell's Harrington said the recent departures have significantly eroded that parity. “There had been few people leaving for a long time,” she said. “I think we were due for a cluster.”

Harrington said there may be a “domino effect” that leads to several assistants leaving in a short period of time. She added that the arrival of a new solicitor general also leads some to look elsewhere, but she was quick to add, “it's totally unrelated to who the solicitor general is.” Asked if the election of a new president might have the same effect, Harrington declined to comment.

Goldenberg said the change in the White House and the solicitor general's office was “not at all” a factor in her decision, stating that she had long planned to leave this summer. She added that she enjoyed working with both Solicitor General Noel Francisco and acting SG Jeffrey Wall. She declined to discuss her financial arrangement with Munger Tolles.

The female lawyers remaining in the office are Ann O'Connell, Rachel Kovner, Morgan Goodspeed and Erica Ross. Goodspeed and Ross are relatively new hires. Kovner is reportedly under consideration for a federal judgeship in the Eastern District of New York.

Former Solicitor General Donald Verrilli Jr., who joined Munger Tolles in September 2016, said in a statement, “Elaine is among the top appellate advocates in the nation. Our clients will undoubtedly benefit from her experience litigating complex cases before the nation's highest court in government as well as private practice.”

Goldenberg played a key role in several important securities cases, including last term's Kokesh v. Securities and Exchange Commission, a case on disgorgement penalties that the government lost. She wrote the government's brief in the insider-training case Salman v. United States. Before joining the SG's office, she worked at Jenner & Block, overlapping with Verrilli's time at that firm.

In a statement Goldenberg said, “I have the highest admiration for the firm and its commitment to excellence in legal service, to diversity, and to public service.”

Elaine Goldenberg, Munger, Tolles & Olson Elaine Goldenberg, Munger, Tolles & Olson

Elaine Goldenberg, an assistant to the U.S. solicitor general for the last five years, has left to join Munger, Tolles & Olson as a partner to help grow its new appellate practice in Washington. She has argued 12 times before the U.S. Supreme Court.

“I had an incredible experience and learned so much” in the solicitor's office, Goldenberg said Monday. “I felt it was time to take what I had learned into private practice.”

Goldenberg's departure comes in the wake of an announcement last week that Nicole Saharsky, another veteran of the solicitor's office, was joining Gibson, Dunn & Crutcher. Three other female assistants have left the office for private practice this year, cementing the office's recent reputation as a key source of female advocates who are altering the mostly male demographics of private-firm Supreme Court practice.

Ginger Anders went to Munger Tolles in March, and in July, Sarah Harrington and Ilana Eisenstein also left the office—for Goldstein & Russell and DLA Piper, respectively. Also this summer, Elizabeth Prelogar was detailed to special counsel Robert Mueller's legal team.

The low number of women arguing cases before the high court has been a recurring topic of debate. A recent study by the blog Empirical SCOTUS indicated that fewer than 11 percent of the nonfederal government lawyers arguing before the court since 2012 were women. According to that research, the eight women with the most arguments since 2012 were assistants to the solicitor general.

In reaction to the report, Eisenstein said, “The good news is that, during my tenure at the Solicitor General's Office, we had near gender-parity among the assistants to the solicitor general.”

In an interview Monday, Goldstein & Russell's Harrington said the recent departures have significantly eroded that parity. “There had been few people leaving for a long time,” she said. “I think we were due for a cluster.”

Harrington said there may be a “domino effect” that leads to several assistants leaving in a short period of time. She added that the arrival of a new solicitor general also leads some to look elsewhere, but she was quick to add, “it's totally unrelated to who the solicitor general is.” Asked if the election of a new president might have the same effect, Harrington declined to comment.

Goldenberg said the change in the White House and the solicitor general's office was “not at all” a factor in her decision, stating that she had long planned to leave this summer. She added that she enjoyed working with both Solicitor General Noel Francisco and acting SG Jeffrey Wall. She declined to discuss her financial arrangement with Munger Tolles.

The female lawyers remaining in the office are Ann O'Connell, Rachel Kovner, Morgan Goodspeed and Erica Ross. Goodspeed and Ross are relatively new hires. Kovner is reportedly under consideration for a federal judgeship in the Eastern District of New York.

Former Solicitor General Donald Verrilli Jr., who joined Munger Tolles in September 2016, said in a statement, “Elaine is among the top appellate advocates in the nation. Our clients will undoubtedly benefit from her experience litigating complex cases before the nation's highest court in government as well as private practice.”

Goldenberg played a key role in several important securities cases, including last term's Kokesh v. Securities and Exchange Commission, a case on disgorgement penalties that the government lost. She wrote the government's brief in the insider-training case Salman v. United States. Before joining the SG's office, she worked at Jenner & Block, overlapping with Verrilli's time at that firm.

In a statement Goldenberg said, “I have the highest admiration for the firm and its commitment to excellence in legal service, to diversity, and to public service.”