Goldstein Still Has Cards to Play Even After Guilty Verdict

The Trump administration surprised everyone last week when it first dropped an appeal in its fight against four law firms and then, less than 24 hours later, reversed itself and declared the case to be back on. The White House and Justice Department have yet to explain what prompted the dizzying two-day stretch. Late last week, a DOJ lawyer instead pressed an appeals court to overturn four separate rulings striking down Trump's executive orders against the firms last year. The about-face has highlighted questions about the legal rationale behind Trump's orders, targeting firms over ties to lawyers and causes the president sees as threats to his administration. But even if Trump ends up losing the appeal, he's already gained a significant amount of leverage from the legal industry in hard-to-quantify ways, according to Bloomberg Law reporters Meghan Tribe and Justin Henry. On this episode of our podcast, On The Merits, they speak with host Jessie Kokrda Kamens about the chaotic events of last week and where the president's battles against the legal industry may be heading next. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Prominent lawyer and high-stakes poker player Tom Goldstein was convicted on some, but not all, of the 16 criminal charges against him when his federal trial wrapped up this week. But Goldstein's legal fight may be far from over. Several issues came up during the trial that could be fodder for a successful appeal, according to Bloomberg Law reporter Holly Barker, including a dispute over where Goldstein was physically located when some of these crimes were committed. Barker covered the trial of the disgraced SCOTUSblog founder and she joins our podcast, On The Merits, to talk about why the jury split its verdict and about how Goldstein's famous propensity for risk taking influenced his defense strategy. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Large law firms are going all in on the nationwide data center build out—nevermind that lurking AI bubble. On today's episode of our podcast, On The Merits, we hear from Bloomberg Law reporter Roy Strom about several examples of law firms deploying multidisciplinary practice groups to solve complex problems for data center builders. Roy also talks about why it may not pay for firms to approach the data center boom cautiously. "If this work goes away, the law firms will struggle, there'll be some partners who have a lot of time on their hands," he said, "but the bigger risk to the law firms right now is probably missing out on a sort of once-in-a-generation extravaganza." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

It's been over a year since Donald Trump returned to the White House and almost immediately made it a priority to end diversity, equity, and inclusion programs at large law firms. There's evidence that this effort is bearing fruit for the president, even after the Equal Employment Opportunity Commission walked away from investigations into several firms. The EEOC recently told a court it dropped the probes without getting most of the information it sought on firms' recruiting programs and promotion decisions. Still, the move came after some of those firms struck deals with the White House and several others—including some not involved in the inquiries—scaled back diversity initiatives. Citing the cost of defending itself against Trump's attacks, a DEI nonprofit said it's shutting down its Mansfield Rule program that sought to have firms consider underrepresented candidates in hiring and promotions. To talk about all of this, Bloomberg Law reporter Tatyana Monnay joins our podcast, On The Merits. She explains all the recent developments on this front and also talks about the risks that firms may face if they shut down all of their DEI programs entirely. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

The future lawyers of America were taking the LSAT this weekend. But, by the time they get their JDs in a few years, law firms may have replaced many of their entry-level associate jobs with AI. That's a fear Mike Spivey hears a lot about these days. Spivey is a former law school administrator who is now an admissions consultant working with schools and prospective students. He says law school applications for the class of 2029 are spiking right now—even though AI may totally transform the legal industry by the time they graduate. Law schools are asking themselves "'Are we admitting people and bringing in large class sizes who, in three to four years, we're setting up to be in great debt? Are we going to have these debt-ridden people without jobs?'" Spivey said on our podcast, On The Merits. "That's the tension." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Legal giant Paul Weiss is getting a new chairman for the first time in nearly two decades, but this transition is definitely not happening in a planned, orderly fashion. Brad Karp stepped down from the role yesterday after the latest tranche of Justice Department documents showed he had surprisingly close ties to disgraced financier and convicted sex trafficker Jeffrey Epstein—far closer than what Paul Weiss had originally indicated. On this special episode of our podcast, On The Merits, Bloomberg Law editor Chris Opfer talks about what happened at this elite law firm and about the informal work Karp did for Epstein shortly before his death. Opfer also talks about why the firm's profits may not actually suffer that much from this abrupt change in leadership. "Long gone are the days of Paul Weiss being this, sort of, large litigation boutique," Opfer said. "It's much more a corporate-focused mega-firm." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

There was a time when elite Wall Street firms such as Cravath or Wachtell seemed to rise above the lateral tug-of-war among other firms. That doesn't appear to be the case any longer, with a handful of partners from both of these firms announcing their departures for competitors last month. "I don't think these are one-offs," legal recruiter Sabina Lippman said. "It's a pattern." Firms like these will need to adjust their mindsets—and perhaps their pay structures as well—to stay at the top, according to two New York-based legal recruiters who spoke on our podcast, On The Merits. Lippman, co-founder and global managing partner at CenterPeak, and Todd Merkin, executive director of Wegman Partners, spoke to Bloomberg Law's Jessie Kokrda Kamens about this newest phase of what Lippman calls "the talent wars." Merkin said that these firms have "really been focused on talent retention, and not so much on talent acquisition. So they're a little bit behind as far as that goes." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Last year, the litigation finance industry was nearly taxed out of existence by a measure Sen. Thom Tillis (R-N.C.) tried to attach to a big tax and spending package. The measure, which would have imposed a 41% tax on litigation finance profits, didn't become law. But it did spook many who work on this fast growing $16 billion industry. Two attorneys have responded by launching the American Civil Accountability Alliance, a lobbying group designed to push back against laws targeting the outside funding of lawsuits. One of those two co-founders, Houston patent lawyer Erick Robinson, is our guest on today's episode of our podcast, On The Merits. "I think we were all just shocked," Robinson told Bloomberg Law's Emily R. Siegel. The litigation funding tax "came very close, a lot closer than anybody including, I think, Senator Tillis, thought to passing." Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

The trial of Tom Goldstein, the elite Supreme Court advocate and co-founder of SCOTUSBlog who was charged with criminal tax evasion after years of playing ultra-high-stakes poker games, continues this week in Maryland. Bloomberg Law reporter Holly Barker, who's there covering the proceedings, joins us to talk about it on our podcast, On The Merits. Barker lays out what Goldstein's defense will likely be and why his status as an elite lawyer could make it harder for that defense to succeed. She also talks about why some poker-loving Hollywood celebrities may be called to the stand to testify against Goldstein. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.

Latham & Watkins beat out its rival Kirkland & Ellis in our annual League Tables ranking of M&A activity for 2025. And on this episode of our podcast, On The Merits, the firm's M&A co-chairs talk about what went down in what one called "the year of the mega deal." Alex Kelly and Paul Kukish spoke with Bloomberg Law reporter Mahira Dayal about why Latham was able to work on almost 800 deals in 2025 totaling more than $780 billion in value. Kukish said AI and AI-adjacent deals were a big part of the firm's success—success that smaller firms just now getting into the AI space may not be able to replicate. They also talked about how they think tariffs and other Trump administration policies affected the market this year for buying and selling companies. "There has been an increased focus by our clients on how the president views a particular industry, or a particular company, or a particular country," Kelly said. Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.