Well, well. When Biglaw companies began to swear loyalty to the Trump administration, the justifications that their defenders offered fell into two major buckets. First, that the millions of dollars of Pro Bono Payola that they put on the table would be good for charity work in favor of, to quote them at the time, “a wide range of poorly served populations”. Those of us who were not born yesterday recognized this as very stupid and were quickly rewarded for our basic common sense. We now know that the administration considers the pro bono obligation as a thing “representing cops in cases of excessive force when they kill non -armed black children”.
Potato, po-tah-to.
The other excuse was that a company being in terms of cross with the administration would be roasted alive while customers bolt for competitors who are not confronted with reprisals from the government. We predicted the opposite at the time, waiting for many customers to reject companies showing their stomach to Trump. If a company is ready to throw itself under the bus at the first sign of illegal government pressure, how can they trust a customer? What level of comfort can you have with talent hemorrhage companies? Perhaps more fundamentally, while Trump cares about the historic unfavorable, which company wants the negative stigma of affiliation with these companies?
Simpson Thacher joined the ranks of renowned companies a few weeks ago. Now he enters the “discovering” phase that follows the fuck as the night is the day. From Noam Scheiber to Ny Times:
On April 22, several lawyers from the Simpson Thacher & Bartlett law firm informed the Court of Chancellerie Delaware that they would no longer represent Microsoft in a case linked to the acquisition in 2023 of the company of the video game giant Activision Blizzard, according to legal files.
Simpson Thacher concluded an agreement with the White House last month during which the company is committed to carrying out $ 125 million in free legal work for acceptable causes in the Trump administration. In a joint declaration with other companies concluding similar agreements, Simpson Thacher said that pro Bono work would be in the name of “a wide range of poorly served populations”.
The same day as the lawyers for Simpson Thacher filed documents withdrawing from the Microsoft case, at least three partners of the Jenner & Block firm informed the court that they would represent Microsoft in the case. Jenner fights in court to definitively block an executive decree of the Trump administration targeting his activities.
One of the most powerful companies in America has just threw a key case from the hands of Simpson – a company praising a professional agreement of $ 125 million with the administration – and has given it to Jenner & Block – a company actively pursuing and regularly beating the administration.
It seems … significant.
Officially, no one speaks. Microsoft refused to comment, Simpson a ghost of journalists and Jenner remains wisely chic. Indeed, if someone involved was willing to speak, he would surely describe it as a routine decision. But in This moment, with This Switching, from that farm that farm? Please. If you think it’s just a matter as usual, I have a “pro bono” commitment of $ 125 million to sell you.
Microsoft is a sophisticated entity and it has fully understood the ramifications of the Simpson passage to Jenner. Even if they came out tomorrow and said they had only made the change because Jenner offered them a “9-hour invoice, obtaining the 10th free agreement” or something like that, Microsoft would realize that everyone would make a file entry like this. If they did not want this signal, they could have added another company to the team without drawing from Simpsons. Or if they were going to replace Simpson, they could have chosen another employee or one of the many, many, many companies that remain alarming about Trump’s attacks on the profession.
Instead, they made the question Simpson-Jenner a zero-sum equation so that everyone can see it.
It is a huge public domino to die for, but it is unlikely the last. Bet Simpson and others have done that playing well with Trump would prevent customers from still fleeing, but now we have data. It turns out that some customers do not want a company that concludes agreements with the authorities. They want a business that combat them.
Joe Patrice is editor-in-chief of the law and co-host of thinking like a lawyer. Do not hesitate to send advice, questions or comments by e-mail. Follow him Twitter Or Bluesky if you are interested in law, politics and a good dose of new university sports. Joe is also Managing Director of RPN Executive Search.
