IMPEACHMENT: the VIEW from the LAWYERS Attorneys from Proceedings Past Share How They Navigated an Arena with Little Guiding Precedent
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PLUS: The 2019 Appellate Hot List How to Develop Your Rainmaker Strategy NLJ.COM ❘ November 2019 IMPEACHMENT: THE VIEW FROM THE LAWYERS Attorneys from proceedings past share how they navigated an arena with little guiding precedent. COMPLEX COMMERCIAL CASES? RAISE THE BAR. NAM welcomes our newest panel members HON. ROBERT C. BONNER (RET.) HON. EDWARD N. CAHN (RET.) HON. DENNIS M. CAVANAUGH (RET.) HON. STANWOOD R. DUVAL, JR. (RET.) United States District Court Judge, Chief United States District Judge, United States District Judge, United States District Court Judge, Central District of California Eastern District of Pennsylvania District Court of New Jersey, Eastern District of Louisiana Special Discovery Master HON. STEPHEN N. LIMBAUGH, SR. (RET.) HON. RAYMOND T. LYONS (RET.) HON. RICHARD B. MCQUADE, JR. (RET.) HON. ALAN H. NEVAS (RET.) United States District Judge, United States Bankruptcy Judge, United States District Court Judge, Senior United States District Court Judge Eastern and Western Districts of Missouri District of New Jersey Northern District of Ohio U.S. District Court, Connecticut Federal Judge by designation, Arkansas, Illinois, Iowa and Texas HON. ROBERT O’CONOR, JR. (RET.) HON. ANDREW J. PECK (RET.) HON. SHIRA A. SCHEINDLIN (RET.) HON. OLIVER W. WANGER (RET.) United States District Judge, United States Magistrate Judge, United States District Court Judge, United States District Court Judge, Southern District of Texas Southern District of New York, Southern District of New York, Eastern District of California Special Discovery Master Court Appointed Special Master Backed by one of the nation’s leading providers of alternative dispute resolution, NAM’s roster is comprised of top-tier former judges and legal practitioners – all of whom are available to assist in the resolution of your most complex, high-stakes matters. Visit www.namadr.com Conference Facilities Nationwide (800) 358-2550 | Visit www.namadr.com The Better Solution® THE NATIONAL LAW JOURNAL NOVEMBER 2019 contents 9 FEATURES 9 IMPEACHMENT: THE VIEW FROM THE LAWYERS Attorneys who worked on proceedings of the past weigh in on the impeachment process. 15 By Jacqueline Thomsen REGULATORY ROUNDUP 5 ❘ REVOLVING DOOR 15 Trump taps two more THE APPELLATE HOT LIST Ninth Circuit nominees. We highlight 25 law firms Arnold & Porter expands that scored big wins before its SCOTUS team. the U.S. Supreme Court and federal appeals courts. 7 ❘ 1 ON 1: By ALM Staff CONVERSATIONS WITH NEWSMAKERS Credit Karma GC Susannah Stroud Wright discusses her path from Big Law to in-house. COVER ART BY SAM WARD 5 NLJ.COM ❘ NOVEMBER 2019 ❘ 1 contents THE NATIONAL LAW JOURNAL NOVEMBER 2019 69 COLUMNS 86 ❘ PRACTICE Making the move from junior 69 ❘ CLASS ACT partner to rainmaker. Appeals court apt to shut By Lillian S. Hardy down Bristol-Myers. By Amanda Bronstad 94 ❘ MOVERS The latest in legal moves 71 ❘ JUSTICE SERVED from around the globe. Chief Justice Roberts would preside over a Trump im- 95 ❘ OPINION peachment trial if it happens. Why history supports By Tony Mauro SCOTUS term limits. By Tyler Cooper 88 ❘ LEGAL TIMES Justice Gorsuch on clerking. 71 86 88 2 ❘ NOVEMBER 2019 ❘ NLJ.COM editor’seditor’sno note Lawyers Past and Present Discuss Impeachment IMPEACHMENT. THESE DAYS IT’S IMPOSSIBLE to go an hour without hearing the word on cable news, along with evolving analysis on how the U.S. House might proceed with its inquiry of President Donald Trump. In brainstorming about our November cover issue, we wanted to delve into the per- spectives lawyers can lend on how the im- peachment process unfolds. What gems can key attorneys from past impeachment pro- ceedings offer us about the grueling hours and the massive amount of documents in- volved? What happens behind the scenes? And what are constitutional law scholars say- ing about the road ahead? Fortunately, Jacqueline Thomsen, who joined our Washington, D.C., office in Au- gust, was eager to dig in. “It was great to learn more about the im- peachment experiences of these attorneys that make them expert voices on the proceed- ings we’re seeing play out right now, ” said Thomsen, who covers courts and the legal side of politics. For more, check out our cover story. Indeed. For more jewels from these appellate heavyweights, Next, we are excited to announce our 2019 Appellate Hot List. check out our special report. The appellate luminaries featured in this year’s special report won Elsewhere in this month’s issue, read about the latest in key matters before the U.S. Supreme Court and federal courts of legal moves from government to private pratice in Revolving appeal, staying true to their practice philosophies along the way. Door, and from around the globe in Movers. They recount how they tackled appeals involving everything As always, we love to hear from you. Email me at the ad- from racial gerrymandering to RICO. They also share what they dress below or tweet me @lhelemNLJ. Thanks for reading! believe are the most satisfying elements of appellate practice. For Williams & Connolly’s Lisa Blatt, the answer is pretty simple: “Winning.” Blatt, at press time, has argued 37 cases be- fore the U.S. Supreme Court, more than any other woman in U.S. history. These esteemed advocates also weigh in on the most valu- Lisa Helem able lessons they learned as young attorneys. Hogan Lovells’ [email protected] Neal Katyal in 2017 surpassed Thurgood Marshall’s record for the most Supreme Court arguments by a minority lawyer with 35. At press time, Katyal has argued 39 cases. He shares this: “Take risks. Prepare relentlessly for them. But take them.” And WilmerHale’s Danielle Spinelli offers this: “Stretch be- yond your comfort zone [and] don’t hesitate to take the lead DIEGO M. RADZINSCHI/ALM M. DIEGO even if the leaders you see don’t look like you.” NLJ.COM ❘ NOVEMBER 2019 ❘ 3 EDITORINCHIEF Lisa Helem MANAGING EDITOR Sarah Tincher ASSISTANT EDITOR Victoria Ostrander DIRECTOR, DESIGN & MULTIMEDIA JOURNALISM Tegist Legesse LAW.COM Leigh Jones, editor-in-chief; Jenna Greene, editor, Litigation Daily; Scott Graham, senior writer LEGAL BRANDS AND THEMES Hank Grezlak, editor-in-chief BUSINESS OF LAW David Bario, Lisa Shuchman, senior editors; Christine Simmons and Lizzy McLellan, editors; Anna Zhang, Asia Bureau Chief; Xiumei Dong, Brenda Sapino Jeffreys, John Kang, Meredith Hobbs, Dylan Jackson, Ryan Lovelace, Jack Newsham, Dan Packel, Patrick Smith, Samantha Stokes, David Thomas, reporters CULTURE Leigh Jones, senior editor; Vivia Chen, senior columnist; Karen Sloan, legal education editor LITIGATION Michael Riccardi, Nate Robson, Alaina Lancaster and Samantha Joseph, editors; Ross Todd, San Francisco bureau chief and global managing editor; Scott Graham, senior reporter; Amanda Bronstad, Dan M. Clark, Jason Grant, Greg Land, Raychel Lean, Robin McDonald, Tom McParland, Max Mitchell, Angela Morris, Zach Schlein, Robert Storace, Jacqueline Thomsen, Charles Toutant, Katheryn Hayes Tucker, Jane Wester, reporters REGULATORY Mike Scarcella, senior editor; MP McQueen, editor-at-large; Marcia Coyle, chief Washington correspondent; Cheryl Miller, senior writer; C. Ryan Barber, reporter INHOUSE Kibkabe Araya, editor; Sue Reisinger, senior reporter; Dan Clark, reporter TECHNOLOGY Rhys Dipshan, editor; Gabrielle Orum Hernández, reporter ALM GLOBAL NEWSROOM OPERATIONS Tasha Norman, director, content operations; Vanessa Blum, director, newsroom innovation CHIEF COPY EDITOR Alexa Woronowicz WEB EDITOR Richard Binder DATA EDITOR Ben Hancock CONTRIBUTING WRITERS Richard Acello, June D. Bell SENIOR MANAGER, DESIGN & MULTIMEDIA JOURNALISM/ART DIRECTOR Roberto Jimenez SENIOR GRAPHIC DESIGNER Chelsey Fredlund SENIOR PHOTO EDITOR/PHOTOJOURNALIST Diego M. 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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. 11, ©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. 4 ❘ NOVEMBER 2019 ❘ NLJ.COM regulatory round-up REVOLVING DOOR: IN Hunsaker Takes Step Toward Confirmation Danielle Hunsaker, a former clerk for Judge But Hunsaker, the presiding judge on the Diarmuid O’Scannlain of the U.S. Court of Appeals Washington County Circuit Court of Oregon, did for the Ninth Circuit, got a step closer in Septem- sway from the approach of many of Trump’s ju- ber to filling the seat left open on the court when dicial nominees by responding affirmatively to a O’Scannlain took senior status in 2016.