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CLE: Why Mediation Fails and How to Fix It: A Strategic, Political, and Practical Approach to Case Resolution | myLawCLE

Whether through settlement, or adjudication, all disputes have an end point. Sometimes the litigation process is necessary to help the parties find that end point but often a neutral, or mediatory, is necessary to navigate the politics of the dispute which are often tempered by economics, emotions, and the dynamics of decision making inherent in institutional plaintiffs or defendants. At some point, parties in dispute find themselves asking this question about their opposition: “what’s really going on behind the scenes and who is calling or influencing the shots?” The problem, of course, is that the influences may be subtle, subconscious, or not otherwise clear the parties themselves. This 2-hour program will focus on the politics of mediation as a process to resolve cases; narrow issues in dispute; or gain insight into the relevant facts that will decide the case. The program will answer questions about the politics of mediation, and provide a contemporary perspective, setting the tone for a less adversarial process and one designed to reach a business solution.

To register or learn more visit: https://mylawcle.com/products/why-mediation-fails-and-how-to-fix-it-a-strategic-political-and-practical-approach-to-case-resolution/

Key topics to be discussed:

  • Where does the client need to end up?
  • Which cases are best suited for mediation?
  • What are the politics governing settlement?
  • When is it time to mediate?
  • How do you select a mediator?
  • The formats for mediation?
  • Cutting the issues?
  • The role of counsel and clients?
  • Mediation as a fact-finding mechanism?
  • Mediation as a settlement process?

Date / Time: January 23, 2026

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Reuben Guttman | Guttman, Buschner & Brooks PLLC

Reuben Guttman is a founding member of Guttman& Buschner, PLLC where – in addition to mediating cases – his practice involves civil rights, whistleblowers, class actions and complex litigation. The International Business Times has referred to him as “one of the world’s most prominent whistleblower attorneys.” Citing “wins recouping billions of dollars for the federal and state governments,” STAT News referred to him as the “The Lawyer Pharma Loves to Hate.”

Guttman has represented workers, unions, and pension funds in complex litigation. For over a decade, he served as the chief outside counsel to the Oil, Chemical & Atomic Workers International Union, AFL-CIO/CLC, in a series of labor and environmental cases that enhanced safety and environmental conditions at Manhattan Project nuclear weapons sites while driving dread disease compensation legislation for nuclear weapons workers across the nation. In 2020, he served as lead counsel in a federal class action lawsuit against the South Carolina Department of Corrections and secured a consent order mandating Hepatitis C testing and treatment for 17,000 inmates. His defense work has included First Amendment work for a newspaper group and jury trial civil fraud defense.

Guttman is currently a faculty member of the American University School of Public Affairs where he teaches Equal Protection/Civil Rights, and he has been an Adjunct Professor at Emory Law School and a Senior Fellow at Emory Law’s Center for Advocacy and Dispute Resolution. He is a Founder and Senior Advisor to the Emory Corporate Governance and Accountability Review (ECGAR). He is the 2015 recipient of the Emory Law Alumni Service Award. He has taught trial advocacy and complex case investigations in the United States, China, and Mexico, and he has co-authored three case files – two published by Emory Law and one published by the National Institute of Trial Advocacy where he is a faculty member.

He is co-author (with J.C. Lore III of Rutgers Law) of the textbook, Pretrial Advocacy (Wolters Kluwer Spring, 2021). He is a chapter co-author (with Traci Buschner) and wrote the introduction for Remote Advocacy: A Guide to Survive and Thrive (Wolters Kluwer and National Institute of Trial Advocacy, 2020). He is co-author of False Claims Act: Representing the Plaintiffs (LEXIS/NEXIS Practice Guide, 2025). Guttman has written or co-authored more than 100 articles or opinion pieces and multiple book chapters and law review pieces. He has been a columnist for Law360 where he writes on litigation and politics, and he has been a columnist for the Global Legal Post.

His article, Pharmaceutical Regulation in the United States; a Confluence of Influences, was translated and published in Mandarin in the Peking University Public Interest Law Journal, Vol 1, Page 187 (2010). Guttman is a Fellow of the American Bar Foundation; he is past member of the Board of Directors of the American Constitution Society (ACS) where he is currently a member of the ACS Board of Advisors. Guttman received his JD from Emory University and his BA in American History from the University of Rochester. He is the founder of www.whistleblowerlaws.com.

He began his legal career as a Washington DC counsel for the Service Employees International Union, AFL-CIO, where he served for five years. Guttman is licensed to practice in front of The United States Supreme Court and in the states of Georgia, New Jersey, Pennsylvania, the District of Columbia.

John Harrison | Evans Harrison Hackett PLLC

John Harrison has been in the private practice of law in Chattanooga, Tennessee for over 45 years. His practice consists of representing clients in litigation involving discrimination claims, retaliation claims, wrongful discharge claims, employment contracts, and employment torts; advising clients on employment and labor law compliance; representing clients in general business and commercial litigation; and representing management in union matters, including union avoidance, unfair labor practice charges, labor organizing efforts, union representation elections, collective bargaining, strikes, and labor arbitrations.

John has been listed in The Best Lawyers in America® in Labor and Employment Law since 2007. John is listed in Mid-South Super Lawyers® in Employment & Labor, Employment Litigation: Defense, and Alternative Dispute Resolution. John is a Tennessee Supreme Court Rule 31-Listed General Civil Mediator. John is a Master in the Ray L. Brock and Robert E. Cooper American Inn of Court.

To register or learn more visit: https://mylawcle.com/products/why-mediation-fails-and-how-to-fix-it-a-strategic-political-and-practical-approach-to-case-resolution/

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CLE: Pharmaceutical and Medical Device Litigation: Accountability, Promotion, and Fraud Case Studies | myLawCLE

This two-hour panel program is divided into three sessions examining pharmaceutical accountability and the industry’s influence on healthcare. The panel explores the evolution of pharmaceutical and medical device litigation, the impact of promotional practices on medical decision-making, and the investigation of pharmaceutical fraud through landmark case studies. Together, the sessions provide a practical, attorney-focused overview of how litigation, regulation, and enforcement address the tensions between commercial interests and patient care in the pharmaceutical industry.

To register or learn more visit: https://mylawcle.com/products/pharmaceutical-and-medical-device-litigation-accountability-promotion-and-fraud-case-studies/

Session I – Pharmaceutical and Medical Device Litigation

In the 1960’s the growth of the consumer movement opened the door to legitimacy of questioning whether injury may be attributable to the conduct of product developers and manufacturers. In 1962, FDA Pharmacologist and Physician, Dr. Francis Kelsey, was recognized by President Kennedy for blocking the sale of Thalidomide in the United States after it was determined that the drug – often used in pregnancy — caused severe birth defects. Over half century has passed since the work of Dr Kelsey and during that period litigation and the Congressional oversight has – to some degree – exposed the internal workings of the pharmaceutical and medical device industry and impact of tensions between commercial obligations and patient care.

We will explore the tensions that drive impropriety and their impact on standards of care and practices including treatment at long term care facilities. From False Claims Act cases to Multi-District Litigation, including nuisance claims, the program will touch on the breadth of litigation.

Key topics to be discussed:

  • The drivers that spur impropriety including Wall Street obligations
  • How standards of care are being impacted
  • The role of government litigation
  • The investigation of cases
  • Key evidentiary issues
  • Key procedural issues

Session II – How Pharma Affects Medical Knowledge and Medical Practice

We will explore how pharmaceutical marketing influences medicine and public perception beyond traditional advertising. Focusing on PharmedOut’s research, the session examines covert promotional tactics such as sponsored education, ghostwriting, and key opinion leader campaigns. It also addresses how pharmaceutical companies may broaden or redefine medical conditions to expand drug markets. Attorneys will gain insight into the legal, ethical, and evidentiary implications of these practices, with practical relevance to healthcare regulation, litigation, and professional responsibility.

Key topics to be discussed:

  • PharmedOut’s work
  • Covert forms of pharmaceutical promotion
  • How Pharma invents diseases

Session III – Case Studies in the Investigation of Pharmaceutical Fraud: Purdue Pharma (Oxycontin) and Abbott Laboratories (Depakote)

This session uses Purdue Pharma (OxyContin) and Abbott Laboratories (Depakote) as case studies to examine how major pharmaceutical fraud investigations develop and unfold. Attendees will explore the origins of each case, parallel civil and criminal investigation strategies, and the role of documents and witnesses in building or defending these matters. The program emphasizes why pharmaceutical fraud cases often turn on claims and reimbursement data—underscoring the principle that, in the end, “it’s the claims.”

Key topics to be discussed:

  • Case origin
  • Parallel investigation techniques
  • Documents
  • Witnesses
  • “It’s the claims, stupid”

Date / Time: January 30, 2026

  • 1:00 pm – 3:20 pm Eastern
  • 12:00 pm – 2:20 pm Central
  • 11:00 am – 1:20 pm Mountain
  • 10:00 am – 12:20 pm Pacific

To register or learn more visit: https://mylawcle.com/products/pharmaceutical-and-medical-device-litigation-accountability-promotion-and-fraud-case-studies/

Adriane Fugh-Berman, MD | Georgetown University Medical Center

Adriane Fugh-Berman, MD is a Professor of Pharmacology and Physiology and the Department of Family Medicine at Georgetown University Medical Center. Dr. Fugh-Berman codirects the M.S. program in Health and the Public Interest and directs PharmedOut, a research and education project at GUMC that promotes rational prescribing and exposes the effect of pharmaceutical marketing on prescribing practices.

Dr. Fugh-Berman has authored many key articles in peer-reviewed literature on the area of industry influence on medicine, including the first studies in the medical literature about how the pharmaceutical industry influences surgeons, pharmacists, basic scientists, and individual patients. Other key articles address industry influence on continuing medical education, studies of messaging in CME on shortacting opioids, fentanyl, binge-eating disorder, and hypoactive sexual desire disorder; a national survey of dentists’ attitudes about opioids, a study that shows that Medicare prescribers who accept industry gifts prescribe more medications (and more expensive medications), a review of how industry uses social psychology to manipulate physicians, an exposé of how ghostwritten articles in the medical literature were used to sell menopausal hormone therapy, an article about how “key opinion leaders” are used to market drugs off-label, an explanation of drug rep tactics, a national survey of industry interactions with family medicine residencies, and a study of the first educational activity that changed physicians’ perceptions about their own individual vulnerability to pharmaceutical marketing. Dr. Fugh-Berman lectures internationally and has appeared on 20/20, Nightline, the 1A, the Diane Rehm show, and every major television network.

Previously, Dr. Fugh-Berman was a medical officer in the Contraception and Reproductive Health Branch of the National Institute for Child Health and Human Development, NIH. She has also worked with the nonprofit Reproductive Toxicology Center and edited an award-winning CME newsletter on women’s health. Dr. Fugh-Berman graduated from Georgetown University School of Medicine and completed a family medicine internship in the Residency Program in Social Medicine at Montefiore Hospital in the Bronx.

Reuben Guttman | Guttman Buschner PLLC

Reuben Guttman is a founding member of Guttman, Buschner & Brooks, PLLC where his practice involves civil rights, whistleblowers, class actions and complex litigation. The International Business Times has referred to him as “one of the world’s most prominent whistleblower attorneys.” Citing “wins recouping billions of dollars for the federal and state governments,” Boston Globe’s STAT News referred to him as the “The Lawyer Pharma Loves to Hate.”

Guttman has represented workers, unions, and pension funds in complex litigation. For over a decade, he has served as the chief outside counsel to the Oil, Chemical & Atomic Workers International Union, AFLCIO/CLC, in a series of labor and environmental cases that enhanced safety and environmental conditions at Manhattan Project nuclear weapons sites while driving dread disease compensation legislation for nuclear weapons workers across the nation.

In 2020, he served as lead counsel in a federal class action lawsuit against the South Carolina Department of Corrections and secured a consent order mandating Hepatitis C testing and treatment for 17,000 inmates.

Guttman is currently a faculty member of the American University School of Public Affairs where he teaches Equal Protection/Civil Rights, and he has been an Adjunct Professor at Emory Law School and a Senior Fellow at Emory Law’s Center for Advocacy and Dispute Resolution. He is a Founder and Senior Advisor to the Emory Corporate Governance and Accountability Review (ECGAR). He is the 2015 recipient of the Emory Law Alumni Service Award.

He has taught trial advocacy and complex case investigations in the United States, China, and Mexico, and he has co-authored three case files – two published by Emory Law and one published by the National Institute of Trial Advocacy where he is a faculty member.

He is co-author (with J.C. Lore III of Rutgers Law) of the textbook, Pretrial Advocacy (Wolters Kluwer Spring, 2021). He is a chapter co author (with Traci Buschner) and wrote the introduction for Remote Advocacy: A Guide to Survive and Thrive (Wolters Kluwer and National Institute of Trial Advocacy, 2020).

Guttman has written or co-authored more than 100 articles or opinion pieces and multiple book chapters and law review pieces. He is a monthly columnist for Law360 where he writes on litigation and politics. His article, Pharmaceutical Regulation in the United States; a Confluence of Influences, wastranslated and published in Mandarin in the Peking University Public Interest Law Journal, Vol 1, Page 187 (2010).

Guttman is a Fellow of the American Bar Foundation; he is past member of the Board of Directors of the American Constitution Society (ACS) where he is currently a member of the ACS Board of Advisors. Guttman received his JD from Emory University and his BA in American History from the University of Rochester. He is the founder of www.whistleblowerlaws.com. He began his legal career as a Washington, DC counsel for the Service Employees International Union, AFL-CIO, where he served for five years.

Rick Mountcastle | Guttman Buschner PLLC

Former United States Attorney Rick Mountcastle joined Guttman Buschner LLP as Of Counsel in April 2025, after retiring from the United States Attorney’s Office for the Western District of Virginia and the Virginia Attorney General’s Office.

An award-winning Federal criminal and civil litigator with more than 30 years of experience litigating the most complex and intricate cases, Rick was portrayed by Emmy-nominated actor Peter Sarsgaard in the 2021 awardwinning Hulu miniseries “Dopesick,” which chronicles his leadership of the 2007 prosecution of notorious OxyContin maker Purdue Pharma and its three top executives. He has spoken about the case and the events surrounding the opioid crisis on CBS’s 60 Minutes (aired March 9, 2025), at Law School events, and on numerous podcasts.

Rick’s Federal experience included almost nine years as an award-winning Senior Trial Attorney in DOJ’s Tax Division where he prosecuted complex criminal tax cases across the country. He received several awards, most notably DOJ’s highest honor, the Attorney General’s John Marshall Award for the Trial of Litigation, for leading the prosecution of a Russian mafia leader in the Eastern District of New York for gasoline excise tax fraud conspiracy. In 2007, after more than twenty years and more than 50 jury trials as a criminal prosecutor, Rick moved to the U.S. Attorney’s Office’s Civil Division in Roanoke, Virginia, where he built the office’s False Claims Act and Affirmative Civil Enforcement program while supervising the Financial Litigation Unit and defending the United States in medical malpractice, personal injury, civil rights, and other civil matters. Most notably, he led the False Claims Act and criminal prosecution of Abbott Laboratories for fraudulently marketing Depakote (an anti-epileptic) for off-label treatment of agitation related to dementia in nursing home residents. Working closely with relator’s counsel, Reuben Guttman and Traci Buschner, he secured $1.5 Billion in civil and criminal penalties, at the time the largest single-drug settlement of an off-label pharmaceutical fraud case in the history of the Department of Justice.

Rick also served as the Civil Chief (2010-2016), First Assistant U.S. Attorney (2016-2017, 2018), and Principal Deputy U.S. Attorney (2018). He was appointed the United States Attorney for the Western District of Virginia January 2017 through March 2018. During his tenure he led the Federal response to the August 12, 2017 violence in Charlottesville, initiated the office’s opioid overdose prevention outreach program, directed and oversaw the reorganization of the office’s domestic terrorism and crisis response plan, initiated an anti-gang task force pairing Federal law enforcement with the Danville, Virginia, police department, and initiated a partnership with the Federal Court and the Federal Public Defender to identify and rectify potential discovery issues in a series of dozens of prior criminal prosecutions. Following his retirement from federal service, Rick served three years as an Assistant Attorney General for Virginia’s Medicaid Fraud Control Unit conducting False Claims Act investigations.

Since June 2022, he has partnered with Los Angeles filmmakers Susie Singer Carter and Don Priess to produce the docuseries “No Country for Old People-A Nursing Home Exposé,” which chronicles the plight of our elderly and disabled in nursing homes. The docuseries is currently streaming on Amazon Prime Video, Tubi, and other streaming platforms.

Rick, a graduate of Marquette University and the George Washington University National Law Center, began his career serving four years on active duty in the United States Army Judge Advocate General Corps (JAG) and served an additional 24 years as an U. S. Army Reserve JAG, retiring as a Lieutenant Colonel in 2008.

To register or learn more visit: https://mylawcle.com/products/pharmaceutical-and-medical-device-litigation-accountability-promotion-and-fraud-case-studies/

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CLE: Do You Have an Employment LawCase? Reimagining Employment Law Intake and Client Communication with AI

Session I – Transforming Law Firm Operations with Intelligent Automation: A Case Status Demo – Jose Figueroa

A Case Status demo walks you through how our intelligent client experience platform transforms law firm operations. You’ll see how branded, mobile-first communication, powered by AI and automation, eliminates manual updates, reduces client calls, and boosts satisfaction—helping firms scale without adding headcount. It’s not just a demo—it’s a glimpse into a more efficient, client-centric future.

Key topics to be discussed:

  • Operational efficiency at scale
  • Elevated client experience
  • Growth without additional headcount

Session II – Optimizing Client Intake in Employment Law: From Inquiry to Engagement – Reuben A. Gutman

Reuben Guttman’s session will focus on the client intake process in employment law, emphasizing how intuitive screening and structured evaluation form the foundation for effective representation. He will outline how breaking down each case by type—discrimination, wage and hour, ERISA, whistleblower, and class versus individual claims—helps determine the case’s scope, strategy, and suitability. His framework underscores the importance of careful questioning and early issue spotting to ensure clarity and alignment between attorney and client from the outset.

Key topics to be discussed:

  • Discrimination
  • Wage and Hour
  • ERISA
  • Whistleblower
  • Class vs. Individual

Date / Time: November 21, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

To register or for more information visit: https://federalbarcle.org/product/do-you-have-an-employment-lawcase-reimagining-employment-law-intake-and-client-communication-with-ai/

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Former U.S. Attorney Rick Mountcastle Joins Guttman Buschner PLLC and Co-Produces Explosive Nursing Home Docuseries Premiering August 1 on Amazon

Guttman Buschner PLLC is pleased to announce that former United States Attorney Rick Mountcastle has joined the firm as Of Counsel, bringing his decades of nationally recognized litigation and enforcement experience to the firm’s robust whistleblower and complex litigation practice. At the same time, Mountcastle is expanding his advocacy efforts as a producer of the forthcoming docuseries No Country for Old People — A Nursing Home Exposé, which will premiere on Amazon on August 1, 2025.

Mountcastle, a decorated former federal prosecutor, earned national recognition for leading the 2007 criminal prosecution of Purdue Pharma and its top executives for deceptive opioid marketing—one of the first federal cases to target corporate accountability in the opioid epidemic. His work was dramatized in Hulu’s Emmy-nominated series Dopesick, where he was portrayed by Peter Sarsgaard. He has since spoken widely on the opioid crisis, including appearances on CBS’s 60 Minutes (March 9, 2025) and numerous legal and public policy forums.

“Rick brings not only a stellar legal record, but a profound sense of justice and public purpose,” said Reuben Guttman, founding partner of Guttman Buschner PLLC. “His leadership in some of the most consequential health care fraud cases of our time—especially those affecting the most vulnerable—aligns with our mission to hold powerful institutions accountable. We’re proud to welcome him to the firm.”

Mountcastle previously served as United States Attorney for the Western District of Virginia and as the District’s Principal Deputy U.S. Attorney, and as Senior Trial Attorney in the U.S. Department of Justice. His work earned the Department’s highest honor—the John Marshall Award for the Trial of Litigation—for the trial of a Russian mafia leader for gasoline excise tax fraud. He later led a landmark $1.5 billion resolution against Abbott Laboratories for the illegal off-label promotion of Depakote for agitation in dementia patients in nursing homes, one of the largest single-drug fraud settlements in DOJ history.

Mountcastle’s dedication to protecting vulnerable populations continues in the documentary space. Since 2022, he has partnered with Los Angeles filmmakers Susie Singer Carter and Don Priess on the docuseries No Country for Old People, which investigates the systemic neglect and abuse in America’s long-term care facilities.

“Stories have the power to reach where statutes and regulations fall short,” said Mountcastle. “This series exposes what the public hasn’t seen—and what some institutions would rather keep hidden. We hope it inspires outrage, awareness, and ultimately, reform.”

No Country for Old People — A Nursing Home Exposé will be available for streaming on Amazon beginning August 1, 2025.

Mountcastle earned his J.D. from George Washington University National Law Center, his B.A. from Marquette University, and served 28 years in the U.S. Army Judge Advocate General’s Corps (JAG), retiring as a Lieutenant Colonel in 2008.

For interviews, press access to the docuseries, or more information, please contact Harlan Boll at bhbpr.com.

Learn more about Guttman Buschner PLLC at https://www.gbblegal.com and follow updates on No Country for Old People at https://www.nocountryforoldpeople.com.

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How BigLaw Executive Orders May Affect Smaller Firms

I represent the little guy — civil rights plaintiffs, whistleblowers, consumers and inmates, to name a few.

My opposition is often BigLaw firms, the ones with hundreds, if not thousands, of lawyers.

On a normal day, I have my disputes with these firms over pleading standards, compulsory arbitration and deference to administrative agencies. We battle it out within the legal system. It’s an imperfect system, no doubt, affected by politics and bias.

I didn’t think I’d ever advocate on behalf of these firms. But today, I feel compelled to do so, because of an issue that affects us both — the executive orders targeting some of the nation’s largest law firms.

This isn’t just about BigLaw, and it’s not just about the BigLaw firms named in executive
orders. It’s also about the small firms, the solo practitioners and the public interest lawyers who see what is happening to these big firms and are wondering what they will do if and when they, too, are targeted.

Make no mistake: If BigLaw firms can be targeted, so too can midsize law firms, boutiques, solo practitioners, prosecutors and public defenders. Though I litigate against BigLaw, on this day and on this matter, we are kindred spirits.

The legal system only works if lawyers can represent clients without retribution or fear of retribution. Once in court, advocacy is regulated by the tribunal itself.

Ethical, procedural and evidentiary rules govern the lawyer and the process. It is a laboratory environment where, on a good day, a case will sink or swim on the merits, and the lawyers will move on to the next matter untainted by their advocacy on behalf of an entity or person whose position did not prevail or whose conduct was deemed unsavory.

In addition to the orders targeting specific law firms, the president signed a memorandum on March 22 making it clear that none of this is limited to just a few large firms. That memo directs the attorney general to be more aggressive in the use of sanctions motions and ethical charges against those who litigate against the government. The memo states:

I further direct that, when the Attorney General determines that conduct by an attorney or law firm in litigation against the Federal Government warrants seeking sanctions or other disciplinary action, the Attorney General shall, in consultation with any relevant senior executive official, recommend … additional steps that may be taken, including reassessment of security clearances held by the attorney or termination of any Federal contract for which the relevant attorney or law firm has been hired to perform services.1

The March 22 memo is noteworthy not only for what it says but for what it does not say. It provides for a referral for “additional steps,” including the loss of contracts or the loss of security clearance, not after a court determines that sanctions are warranted, but after the attorney general makes such a determination. That referral can occur without a motion for sanctions being filed, or before the court has ruled on a motion for sanctions. Under this memo, the referral and additional steps can be taken even if the court denies the motion for sanctions.

It is, in sum, a memo that provides a litigant — indeed the defense counsel for the government and the government itself — the sole right to sanction counsel. In this way, the memo effectively removes the judge from the sanctions calculus.

The sanction of having security clearance withdrawn is of course not an abstract proposition. A lawyer needs security clearance to represent, for instance, employees of the CIA, the FBI and the intelligence community who have lost their jobs through Department of Government Efficiency cutbacks. And a number of the firms representing plaintiffs in these cases are boutique or midsize litigation firms, or public interest nonprofits.

By eliminating the security clearance of lawyers or maintaining a threat to do so, a defendant — in this case the government — may essentially curtail opposing counsel’s ability to represent such clients, or influence their advocacy.

It was in Marbury v. Madison that Chief Justice John Marshall in 1803 famously said that “the very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.”

Fundamental to that protection is the ability to secure counsel. There is no question that the March 22 memo will cause all lawyers — but especially public interest lawyers and solo practitioners — to think twice about whether to take on cases they would ordinarily assume.

Yes, the big firms have their pro bono practices, but it is the smaller firms and the boutique practices that tend do the everyday work of challenging government action. It is the small firms and public interest organizations whose institutional missions focus primarily on things like representing immigrants facing deportation or inmates of for-profit prisons who seek proper medical care, or bringing suits under the Freedom of Information Act to make government more transparent.

But these firms simply do not have the resources or cash flow of the big firms. Unlike Perkins Coie LLP, WilmerHale and Jenner & Block LLP, which have all challenged these executive orders, small firms may be unable to tap the expertise of the best constitutional lawyers in the land to defend themselves against ruin.

Imagine a scenario where a solo practitioner represents a student who is in this country under a student visa, but who has been detained and subject to deportation because of the content of an article they authored in the student newspaper. How might that practitioner react when the government lawyer takes him aside and says that a potential lawsuit is sanctionable? A gutsy lawyer might say, “I’ll see you in court.” But of course, under the March 22 memo, the government may secure sanctions absent a court determination.

The sanctions might include loss of security clearance and/or loss of government contracts. For the lawyer who represents members of the intelligence community or the public interest group that benefits from government grants, the threat is significant. But these are only examples as the memo’s use of the phrase “additional steps that maybe taken, including” makes clear that potential recriminations are boundless.

A big firm may have lobbyists or insiders who can negotiate a resolution with the president. But the average solo practitioner does not have such access or leverage.

In the end, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of these executive orders and memoranda than even the BigLaw firms that have been directly targeted.

Absent the resources and revenue of their BigLaw counterparts, these firms may just temper their advocacy or curtail client relationships. When this happens, there will be no headlines or banner story on the nightly news. Public interest advocacy will have been curtailed — perhaps forever — in ways that will not be easy to quantify.

______________________________________
Reuben A. Guttman is a senior founding partner at Guttman Buschner PLLC. The opinions expressed are those of the author(s) and do not necessarily reflect the views of their employer, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

1. https://www.whitehouse.gov/presidential-actions/2025/03/preventing-abuses-of-the-legal-system-and-the-federal-court/.