Trump’s attacks on Biglaw have left the industry scrambling, trying to figure out how to respond to a bully intent on building a war chest of pro bono services. Too many firms are making sucker deals with terms that are constantly evolving. And now we’re getting more information on how exactly Biglaw firms are navigating this unique risk.
According to reporting by Bloomberg Law, both Skadden and Davis Polk hired the same lobbying firm — Miller Strategies — to plead their case. As you might guess from the firms’ cowardly postures (Skadden inked one of the first prophylactic deals with Trump promising $100 million in pro bono payola, while Davis Polk stripped their website of any reference to the firm’s work on the Mueller investigation and is advising Trump’s Truth Social in a recently announced deal), the folks they’re getting advice from are big players in MAGA-land. Both firms tapped Trump fundraiser Jeff Miller and former Trump White House lawyer Stefan Passantino.
Passantino’s role advising witnesses called to testify in House Committee’s January 6th investigation brought a lot of smoke to the Emory Law grad:
He left his role at Washington firm Michael Best & Friedrich in December 2022, after being accused of advising White House aide Cassidy Hutchinson to mislead lawmakers. Passantino insisted Hutchinson was “truthful and cooperative” with the committee. He later sued unsuccessfully over what he called a conspiracy to push the “false narrative” that he told Hutchinson to lie.
Skadden and Davis Polk aren’t the only firms looking to MAGA faithful to get out of Trump’s doghouse. Kirkland and Simpson Thacher each hired Ballard Partners, a lobbying firm founded by a top Trump fundraiser, before capitulating to Trump.
Earlier: Kirkland And Simpson Turned To Major Trump Fundraiser Before Bending A Knee
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].