A January Massacre Averted and the Lawyers Who Helped
Amid the events surrounding President's Trump efforts to use the Justice Department and the courts to overturn the election of Joe Biden, there were some standout lawyers and judges who held up under pressure and put the law and their professional obligation first.
January 28, 2021 at 10:30 AM
4 minute read
In the waning days of his administration, President Donald Trump sought to abuse the Justice Department and the courts to overturn the election of Joe Biden and remain in the presidency. Perhaps, we should not be surprised by the former president's unscrupulous use of power, his reckless disregard for the institutions of democracy. But our democracy endured, thanks in part to lawyers in public life who valued the rule of law over ideology. We should pause to acknowledge how well the profession held up under pressure.
As law professors who teach legal ethics, we study the history, traditions, values, norms, rules and regulation of the legal profession. Although the legal profession has its share of "lawyer-statesmen" and "wise counselors," we often teach our students about rogue lawyers. As John Dean, President Richard Nixon's White House counsel, likes to recall, legal ethics became a serious subject thanks to the Watergate scandal, during which many government lawyers, who are supposed to uphold the law, broke it.
In this most recent scandal, there were good and bad lawyers, but it's remarkable how well the profession as a whole stood up under pressure. Lawyers in the Department of Justice resisted Trump's plot to oust acting Attorney General Jeffrey Rosen and use DOJ to pressure Georgia to overturn its election results. After the Texas attorney general failed in his Hail Mary effort to recruit the Supreme Court's help in changing the election result, Justice Department lawyers refused Trump's entreaty to do the same.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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