Inside Wilson Sonsini's Pro Bono SCOTUS Work for Delaware Governor
A new petition marked the latest example of a Big Law firm going to bat for free for a government client. Wilson Sonsini recently announced a new national U.S. Supreme Court and appellate practice.
September 11, 2019 at 02:23 PM
5 minute read
A team from Wilson Sonsini Goodrich & Rosati is representing the Delaware governor's office pro bono at the U.S. Supreme Court, challenging a federal appeals court ruling that threatens to upend how the state structures its judiciary, contract records show.
Wilson Sonsini's Randy Holland, formerly a longtime Delaware Supreme Court justice, reached out to the office of Gov. John Carney not long after the U.S. Court of Appeals for the Third Circuit said it would not reconsider its ruling against the state. The appeals court struck down a provision of the Delaware Constitution that essentially says judges must be a member of either the Democratic or Republican parties.
"I would like to support Governor Carney's efforts to uphold the political balance provision for judges in the 1897 Delaware Constitution," Holland wrote in a letter to Carney's office, according to public contract records obtained by The National Law Journal. "That provision has served Delaware well for more than 100 years."
It's not uncommon for major U.S. law firms to represent government clients for free at the U.S. Supreme Court, but such relationships are not always the case.
Gibson, Dunn & Crutcher, for instance, said it would charge the city of Boise, Idaho, up to $300,000 to take a new petition to the justices and argue the case—if given the chance. Kirkland & Ellis recently charged the Virginia House of Delegates $375,000 for an election-law Supreme Court challenge.
Wilson Sonsini's latest pro bono report said lawyers and staff at the firm had provided more than 51,000 of hours of free service in 2018. Some of that work included representing children in foster care in matters before the Delaware Family Court.
The lead attorney on Wilson Sonsini's petition at the Supreme Court is Michael McConnell, senior of counsel at the firm's main office in Palo Alto, California, and a former judge on the U.S. Court of Appeals for the Tenth Circuit. McConnell leads the Constitutional Law Center at Stanford Law School, and he has argued 15 cases at the U.S. Supreme Court.
Wilson Sonsini's contract with Delaware said McConnell would argue the judicial appointments case, if the Supreme Court agrees to hear the dispute. The Supreme Court set an Oct. 7 deadline for the challengers to respond to Delaware's petition.
Wilson Sonsini is working with Wilmington, Delaware-based Young Conaway Stargatt & Taylor. Carney and lawyers at Young Conaway "will have the opportunity to review all filings and the right to request reasonable revisions," according to the contract terms. Young Conaway had represented Carney's office at the lower courts.
"The managing partner of Wilson Sonsini supports this proposed representation," Holland wrote in his letter to Carney. "In addition to Michael McConnell and me, the firm will devote whatever legal resources are necessary for the preparation and presentation of this case. We hope that you and your firm will continue to take an active role in the litigation before the United States Supreme Court."
McConnell served on the Tenth Circuit appeals court from 2002 until 2009. He joined Wilson Sonsini in May from Kirkland & Ellis, where he was of counsel in the firm's constitutional and appellate litigation practice. Holland, who is also senior of counsel at Wilson Sonsini, in Delaware, had served on the state supreme court for 30 years.
Washington-based Wilson Sonsini partner Steffen Johnson, who recently arrived from Winston & Strawn, is also on the team with McConnell and Holland. Johnson leads the firm's new Supreme Court and appellate practice. Wilson Sonsini litigation associate Brian Levy also appeared on the petition, filed Sept. 4 in the Supreme Court.
"The Delaware courts play a dominant role in American—and indeed global—corporate governance," the Wilson Sonsini lawyers told the justices. Sixty percent of the Fortune 500 and more than half of the corporations listed on the New York Stock Exchange are incorporated in Delaware, in no small part due to the reputation—and reality—of the Delaware courts as objective, stable, and nonpartisan."
Delaware's lawyers added: "These qualities have not come about by accident. For more than 120 years, Delaware's Constitution has required a politically balanced judiciary."
In April, a unanimous Third Circuit panel struck down Delaware's political balance requirements that limit judges affiliated with any one political party to no more than a "bare majority" on the state's three highest courts. "Independence, not political allegiance, is required of Delaware judges," the appeals court said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllJudges Support Proposed Rule Requiring Court's Approval to File Amicus Briefs
Supreme Court Will Scrutinize Mexico's Lawsuit Against US Gun Industry
6th Circuit Judge Readler Cautions Against Shaming Lawyers Over Election Challenges
Trending Stories
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
Who Got The Work
Attorneys from Cadwalader, Wickersham & Taft and Pryor Cashman have entered appearances for Diageo Americas Supply d/b/a Ciroc Distilling Co. and Sony Songs, a division of Sony Music Publishing, respectively, in a pending lawsuit. The case was filed Sept. 10 in New York Southern District Court by the Bloom Firm and IP Legal Studio on behalf of Dawn Angelique Richard. The plaintiff, who performed as a member of producer Sean 'Diddy' Combs girl group Danity Kane and later his band, Diddy - Dirty Money, claims that she was financially exploited by Combs and subjected to inhumane working conditions. Among other violations, Richard claims that Combs required group members to remain at his residences and studios, deprived them of adequate food and sleep and forced them to rehearse for 36 to 48 hours without breaks. The case, assigned to U.S. District Judge Katherine Polk Failla, is 1:24-cv-06848, Richard v. Combs et al.
Who Got The Work
Mathilda McGee-Tubb and Kevin M. McGinty of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, as well as Jesse W. Belcher-Timme of Doherty, Wallace, Pillsbury & Murphy, have stepped in to defend Peter Pan Bus Lines in a pending consumer class action. The suit, filed Sept. 4 in Massachusetts District Court by Hackett Feinberg PC and KalielGold PLLC, accuses the defendant of charging undisclosed 'junk fees' on top of ticket prices during checkout. The case, assigned to U.S. District Judge Mark G. Mastroianni, is 3:24-cv-12277, Mulani et al v. Peter Pan Bus Lines, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250