It’s not surprising that Jenner & Block is adding to its appellate practice. The firm is well known for its top notch appellate work, so naturally, its always on the lookout for lateral talent that will bolster their roster. And Jenner & Block’s litigation prowess has been in the news ever since Donald Trump went after the firm, targeting them with an Executive Order designed to extract a financial penalty for pissing off the president. Unlike *some* in Biglaw, Jenner & Block fought the EO and quickly notched victories against the unconstitutional orders.
So, against this backdrop, Jenner’s announcement that they’ve added partner Peter Davis to their ranks is notable. As Co-Managing Partners Ishan Bhabha and Randy Mehrberg said, “Peter’s arrival reflects our continued investment in building the nation’s premier appellate practice that fiercely advocates for our clients.” And Ian Heath Gershengorn, Co-Chair of Jenner & Block’s Appellate & Supreme Court Practice, reflected on the addition saying, “Peter represents the caliber of fearless appellate advocate that defines our practice. His Supreme Court pedigree, first-chair argument experience, and proven track record with sophisticated clients strengthens our ability to handle the most consequential matters. Peter’s understanding of constitutional law and regulatory challenges is particularly valuable as our clients navigate an increasingly complex legal landscape.”
Davis’s legal pedigree is elite with three federal clerkships for Supreme Court Justice Elena Kagan, Judge James Boasberg in the US District Court for the District of Columbia, and Judge Sri Srinivasan in the US Court of Appeals for the D.C. Circuit and, having most recently worked at an AmLaw 25 firm (as the release demurely notes). That AmLaw 25 firm is Latham & Watkins — one of those obsequious firms that inked a deal with Trump, promising $125 million in pro bono payola for conservative clients and causes, as Trump sees fit.
This gives a much different spin to Davis’s departure. Because there’s an industry-wide trend of litigators leaving firms that capitulated to Trump — it just… doesn’t reflect well on litigators when their firm isn’t willing to fight against unconstitutional orders in court. Though his statement on the lateral move is void of some of the fiery rhetoric that characterized some departures from the capitulating firms, Davis’s new Biglaw home says plenty.
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].