Microsoft Drops Law Firm That Made a Deal With Trump From a Case

Follow up to How Donald Trump Throttled Big LawThe New York Times [no paywall] “The tech giant instead engaged a firm that is fighting the president’s executive orders, Jenner & Block, in a sign that those firms can still attract clients. When big law firms attacked by President Trump decided to make a deal with him rather than fight, many did so because their leaders feared that clients would abandon a firm caught on the administration’s bad side. Now that logic may be getting less compelling. A major company, Microsoft, has dropped a law firm that settled with the administration in favor of one that is fighting it. Large companies like Microsoft often farm out legal work to dozens or even hundreds of firms and may move business depending on circumstances, like pricing, expertise or potential conflicts. Microsoft declined to comment on why it changed law firms in a significant case last week, but the switch suggests that a firm that chose to fight the Trump administration could still attract an important client. On April 22, several attorneys at the law firm Simpson Thacher & Bartlett informed the Delaware Court of Chancery that they would no longer be representing Microsoft in a case related to the company’s 2023 acquisition of the video game giant Activision Blizzard, according to court filings. Simpson Thacher reached a deal with the White House last month in which the firm committed to perform $125 million in free legal work for causes acceptable to the Trump administration. In a joint statement with other firms making similar agreements, Simpson Thacher said the pro bono work would be on behalf of “a wide range of underserved populations.” On the same day that the Simpson Thacher lawyers filed paperwork withdrawing from the Microsoft case, at least three partners at the firm Jenner & Block informed the court that they would be representing Microsoft in the case. Jenner is fighting in court to permanently block a Trump administration executive order targeting its business…”

See also Bloomberg – Ex-Trump Lawyer Lobbies for Firms Navigating White House Attacks – “Former Trump White House lawyer Stefan Passantino in his new act as a lobbyist is advising two Wall Street law firms looking to avoid the president’s ire. Skadden Arps Slate Meagher & Flom and Davis Polk & Wardwell hired Miller Strategies in March, shortly after Passantino joined the lobbying shop, according to federal records. Jeff Miller, the Trump fundraiser whose business spiked this year, and Passantino are advising the two firms on “government relations” issues, the filings show. Passantino served as White House ethics counsel in President Donald Trump’s first term. He came under fire during hearings by the House committee investigating the Jan. 6 attack at the US Capitol. 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. Representatives for Skadden and Davis Polk did not immediately respond to comment requests. Passantino and Miller Strategies also didn’t respond to comment requests. Skadden and eight other corporate law firms have committed $940 million in legal services in a series of deals with Trump. The group sought to avoid punitive executive orders like those targeting other firms over ties to lawyers involved in investigations and cases against the president. The firms pledged to take up a range of issues, including supporting military veterans and law enforcement officers, as well as “ensuring fairness” in the justice system…”

Posted in: Government Documents, Knowledge Management, Legal Research, Marketing, Microsoft