Overview
At the beginning of this month’s Athena Alliance “Ripped from the Headlines” session, I presented information and details from reliable news sources (including Axios The New York Times The Wall Street Journal Yahoo News & Reuters on the Trump Administration’s singling out of several leading US law firms and universities for compliance with various unprecedented freedom of speech demands together with threats of defunding established federal programs.
I also shared a dramatic op-ed written by David Brooks, a conservative columnist at The New York Times, called “What’s Happening is not Normal. America Needs an Uprising that is not Normal” which was not in the traditional sense conservative and outlined the dangers of creeping authoritarianism reflected in the degradation of law firms and university independence, among other things.
The Headlines – Summary
I provided a review of the recent actions of the Administration against law firms and universities. Several top law firms have made deals with the Administration, agreeing to provide substantial multi-million dollar pro bono services, among other things, while others, like Jenner & Block, are resisting. Similarly, some universities have acquiesced to government demands, while others, like Harvard University are fighting back.
The first law firm to accede to the Administration’s demands was Paul, Weiss, Rifkind, Wharton & Garrison LLP. There have been several law firms that have followed in the footsteps of Paul Weiss (see ChatGPT summary above) as well as several law firms that have resisted these demands (see ChatGPT summary below) and have taken the Administration to court—so far successfully—on these heretofore unprecedented demands and threats.
Likewise, the first university to accede to the Administration’s demands was Columbia University. There are several universities that have either acceded to these demands or remained silent, as well as universities that have so far stood up to the Administration’s demands, most notably Harvard. Indeed, Harvard just announced a lawsuit against the Administration to prevent the curtailment of their academic independence. See ChatGPT summary below.
Analysis and Key Take-Aways
The principal discussion amongst attendees revolved around the importance of institutions standing together against political threats, the need for a unified movement to address challenges, and the role of business in supporting it. The conversation ended with a discussion on the challenges faced by the Democratic party, the impact of federal funding on universities, and the importance of resilience and adaptability in the face of adversity.
● Impacts on the Legal Profession
Participants reflected on their experiences living and working under politically challenging regimes around the world, highlighting how the legal profession often becomes a natural ally to business and civil society in times of upheaval. The conversation explored how firms and institutions can take a stand against political intimidation, and how widespread public engagement becomes a driving force for meaningful change. The discussion also touched on the critical role universities play when they unite in defense of academic freedom and resist political targeting.
● Business and the Need for Empathy
The participants discussed the need for empathy and the importance of understanding different perspectives. They also touched on the degradation of empathy in society and the impact of powerful individuals and leaders setting a divisive tone. The conversation then shifted to the role of business in protecting its associates and the need for institutions to stand up for their people. The participants agreed on the importance of creating a safe environment for people to take risks and stand up for their rights. They also discussed the need for systems to galvanize and support individuals in their efforts to make a difference.
● Addressing the Democratic Party’s Challenges
The meeting involved a discussion about the challenges faced by the Democratic party and the need for self-reflection. The participants acknowledged the difficulty in reaching out to a diverse group of people, including those who did not vote for the Democratic Party alternatives. They also discussed the potential impact of the current political climate on small businesses and the need for a more nuanced approach to address the issues. The participants agreed that the situation is complex and requires hard thinking to find solutions.
● Federal Funding Impact on Universities
A participant suggested that universities needed to think outside the box and perhaps reevaluate their strategies, considering becoming for-profit institutions or engaging more with industry for funding. She also highlighted the effects of the endowment tax on universities. If universities are taxed then maybe other non-taxable organizations like nonprofit religious organizations that promote political agendas should also be considered for taxation.
● Government Contract Payment Resolution
A participant shared a positive experience with one of her clients who had government contracts. Despite initial payment delays due to increased scrutiny and the Department of Treasury halting payments, the client was able to resolve the issue through artful communication and legal discussions with the agencies involved. The situation was resolved within a week of sending a carefully crafted email, resulting in the release of several million dollars that had been held up for about 60 days. This suggests there are people within the government trying to facilitate rightful outcomes.
● Resilience and Courage in Turbulent Times
Several participants discussed their experiences with political instability in other countries and the importance of resilience, adaptability, and courage in the face of adversity. They shared their perspectives on living through turbulent times. The group agreed on the need for change and the importance of staying true to one’s values. They also discussed the potential for younger generations to be desensitized to certain behaviors, and the need for proactive measures to address these issues. The conversation ended with a suggestion to focus on implementing ideas in the next meeting.
