Making Waves
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PLUS: A look inside Aaron Schock’s defense. D.C. Litigation Departments of the Year NLJ.COM ❘ June 2019 MAKING WAVES President Donald Trump’s judicial picks speak up on key issues REAL TRIAL ATTORNEYS Year after year Howry Breen & Herman wins Top Verdicts and Settlements $16,000,000.00 PRODUCT LIABILITY VERDICT $12,800,000.00 PREMISES LIABILITY VERDICT $10,000,000.00 CONSTRUCTION DEFECT $7,800,000.00 MOTORBOAT ACCIDENT AUSTIN: 1900 PEARL STREET, AUSTIN, TEXAS 78705 | PHONE 512.474.7300 | FAX 512.474.8557 GEORGETOWN: 4411 SOUTH IH-35, GEORGETOWN, TEXAS 78626 | PHONE 1.800.404.9441 (BY APPOINTMENT ONLY) THE NATIONAL LAW JOURNAL JUNE 2019 contents 12 FEATURES 12 MAKING WAVES Trump’s judicial picks have begun issuing eyebrow-raising opinions on the Second Amendment, abortion 16 and LGBTQ issues. By Ellis Kim REGULATORY ROUNDUP 7 ❘ REVOLVING DOOR The Department of Justice 16 snags a former Sullivan & INSIDE TRUMP’S GAMBIT Cromwell associate. How Trump’s lawyers won—and lost— 9 ❘ 1 ON 1: CONVERSATIONS in the Mueller probe. WITH NEWSMAKERS By Ellis Kim McGuireWoods partner George Terwilliger III and former U.S. Rep. Aaron Schock offer a behind-the-scenes look inside Schock’s defense. COVER ART BY SHUTTERSTOCK.COM/URSA MAJOR 9 NLJ.COM ❘ JUNE 2019 ❘ 1 contents THE NATIONAL LAW JOURNAL JUNE 2019 SPECIAL REPORT 18 ❘ D.C. LITIGATION DEPARTMENTS OF THE YEAR The NLJ takes the pulse of D.C.’s leading litigation departments. This year, three firms secure top honors in general litigation. Eight firms in all garner laurels. 104 COLUMNS 105 ❘ LEGAL TIMES Amid shifts in demand, 104 ❘ JUSTICE SERVED the D.C. market sees U.S. Supreme Court Justice “slow and steady” growth. Elena Kagan throws her support behind a new law 114 ❘ MOVERS clerk hiring plan. The latest in legal moves By Marcia Coyle from around the globe. 102 ❘ PRACTICE 115 ❘ OPINION How to properly navigate The Mueller report is employee background checks. only the beginning. By Bethany Salvatore and By Louis Fisher Bryant Andrews 105 102 115 2 ❘ JUNE 2019 ❘ NLJ.COM editor’seditor’sno note Trump’s Judicial Picks Are Making Their Mark THE TRUMP ADMINISTRATION, WITH THE HELP OF A Republican-led Senate, has confirmed over three-dozen appellate judges in about two years. Now, Trump’s court picks are already issuing “hot dis- sents and brow-raising concurrences and staking out stronger positions on social issues than other conserva- tive-appointed judges,” Ellis Kim reports in this month’s cover story. Next, we look back at how Trump’s legal team navigated the Mueller probe, focusing on the legal strategy they used to avert a Trump sit-down interview with the special coun- sel. Ellis Kim has the full report. In our D.C. Litigation Departments of the Year special report, we highlight eight outstanding firms that have ex- celled in general litigation, labor and employment, intel- lectual property, insurance, products liability/mass torts and white collar. Three firms secure top general litigation honors, including two firms that landed on top in more than one category. Check out the section to read more stories from these top firms. Next, in 1 on 1: Conversations with Newsmakers, C. Ryan Barber talks to McGuireWoods partner George Terwilliger III and Aaron Schock for an inside look at the firm’s defense of the former U.S. representative, who faced corruption charges in Chicago. In commentary, Louis Fisher dives into the Mueller re- port: what it means, and what it doesn’t. “The report marks an important but distinctly partial step,” Fisher writes. “New information will shed further light on whether Trump and other individuals pursued activities that placed their financial and political ambitions over the national in- terest and the need to protect our constitutional system.” Please don’t hesistate to email me at the address below or reach out on Twitter via @sarahntincher with questions or ideas. Thank you for reading! Sarah Tincher ALM [email protected] 4 ❘ JUNE 2019 ❘ NLJ.COM SCCE’s 18th Annual Compliance & Ethics Institute September 15-18, 2019 • Gaylord National • National Harbor, MD The compliance and ethics industry is growing, with new regulations and strategies emerging on a regular basis. The annual Compliance & Ethics Institute (CEI) can help you stay informed and updated, allowing you to maintain an effective compliance program. Discover the benefits of yearly attendance at the CEI. • Understand new and emerging risks and develop strategies for addressing them. • Gain insights, skills, and tactics to help develop and maintain a more effective compliance program. • Build connections with compliance professionals at all levels and from around the world. 1,800+ 150+ 10 learning 100+ 75+ solution attendees speakers tracks sessions providers Learn more and register at complianceethicsinstitute.org Questions? 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POSTMASTER: Send address changes to The National Law Journal, ALM Customer Service, 150 East 42 Street, Mezzanine Level, New York, NY 10017. Vol. 3, No. 6, ©2019 ALM Media, LLC. All rights reserved. Reproduction of this publication in whole or in part is prohibited without express written permission of the publisher. 6 ❘ JUNE 2019 ❘ NLJ.COM regulatory round-up REVOLVING DOOR: IN Sullivan & Cromwell Associate Takes DOJ Post A FORMER SULLIVAN & CROMWELL associate who joined the Trump administration in early 2017 has moved to a front-office position at the U.S. Justice Department as an adviser to the deputy attorney general. William Hughes, named an associate deputy attorney general in April, joined Main Justice from the Trump White House, where he had been dep- uty director of administration in the executive of- fice of the president. Hughes had been a Sullivan & Cromwell associate in Washington, D.C., and New York since November 2009. The Justice Department did not immediately respond to a request for comment about Hughes’ front-office portfolio. Several other lawyers at the White House have recently taken key posts in the front office of U.S. Attorney General