One of the important ways that a U.S. President can maintain influence long after his or her term of office has ended is through exercise of the judicial appointment power. Because federal judges enjoy lifetime tenure, the judges he or she appoints determine legal outcomes for decades after the end of the President’s administration.
When President Trump took office again in January, he arrived with a judicial appointment track record from his first administration. He had appointed generally well-pedigreed judges that enjoyed the support and even the backing of the conservative Federalist Society. Now, in his second administration, where many of his Presidential initiatives are facing judicial challenges, Trump has soured on his first term appointments and turned on the Federalist Society. He has also adopted a transparently political approach to judicial appointments. Trump’s changed approach to judicial appointments could have significant implications for legal developments for decades to come.Continue Reading Trump 2.0 and the Judicial Appointment Power
A recurring question – one that I am getting now on just about a daily basis – arises from concerns about the Trump administration’s possible impact on the world of directors’ and officers’ liability. Implicit in the question is the assumption that the new administration’s policies and actions will indeed affect D&O claims. While I agree with this assumption – that the new administration’s actions will have an impact–at this point it is still far too early to tell what that impact might be. For now, I think all we can do is watch some key indicators. In this blog post, I review what I think are the key indicators, and what the indicators may tell us about what lies ahead for D&O claims.