Didn’t Perkins get the EO against them enjoined basically ASAP? Couldn’t Skadden and PW done the same? Wilmer and Jenner seem to be doing it.

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they prefer to lick boots - says a lot about their ability to deal with adversity

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I have been a lawyer for 42 years, and while I still practice I am retired from law firms. I, like each of you and those at PW and Skadden, took an oath. I took that oath seriously. PW and Skadden apparently did not.

In the past 42 years I have been frightened, angry, sad, depressed, humiliated and exhausted. Now, for the first time, I am ashamed — ashamed to be a member of a profession that includes these people.

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What does an injunction mean these days, though? Against this administration, it’s kind of meaningless. They’re flouting court orders left and right.

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Ok that’s a good argument fair

To what extent do you think there will be any check on enforcement here?

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If you pretend to fight, the media value to bending the knee is higher. He gets to “Win” despite the courts & against a “bigger” enemy, as I see it. The value I see them leaving on the table is tied to that instead of value tied to enforcement. (Agree w u re enforcement tho)

If you’re selling it all, why leave anything on the table????

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PW’s was at least nominally more diversity-initiative-driven than the other ones. Not defending them or especially Skadden but I don’t think a TRO would have been as slam dunk for them

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It's not the whole EO that's getting enjoined, right? The lawyers still lose their security clearances? That would make it harder/impossible to do some work, right? I haven't looked into this so that's my general impression.

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Minor correction but Skadden didn't even get an EO.

I’m agreeing with you, hombre. My point is that there’s an economic downside to bending the knee.

If you’re chickening out now to “save your business”, you’re not saving revenue tied to clients— you’re actually paying in exchange for opting in to long term & unpredictable costs. Not just here, but at any other firm you jump to— that’s a real issue if you’re a BFD partner & everyone folds.

My argument is designed to appeal to the people unmoved by your argument. More importantly, I’m also right (isn’t that what really matters? But I kid). But jokes aside, I get my argument is distasteful to you. Some others see things differently.

For partners who “only want to focus on the business”, it’s worth explaining to them that they’re hurting their business long-term & short-term by capitulating. The above argument also lets liberal partners who don’t want to discuss their politics make an economic point to explain their aversion to the company they own selling out to other partners who maybe don’t feel the same way about the rule of law.

Don’t fight this. Use it when needed. If we convince enough people, PW & Skadden become the odd-men-out. That’s how we win. Persuasion, and finding ways to win over people who don’t like our normal arguments. One way to do that is talking to pocketbooks, and pointing out that folding now costs you long-term and short-term, when you have to set aside the 100/40mm.

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