Concerns Mount Over Outside Counsel Contracts and Litigation Agendas
The American Tort Reform Association submitted a letter today to the House Oversight Committee and House Judiciary Committee urging examination of the District of Columbia Attorney General’s practices in awarding contracts to outside counsel.
In the letter, which was co-signed by both the Manhattan Institute for Policy Research and the Foundation for American Innovation, ATRA President Tiger Joyce expressed “deep concern” regarding D.C. Attorney General Brian Schwalb’s pattern of awarding lucrative contracts to political allies and former employees.
“Attorney General Schwalb has established a troubling pattern that raises serious questions about the independence and integrity of the District’s legal system,” Joyce said. “We believe Congress must examine these practices as it considers the future of D.C.’s autonomy.”
The letter details several multi-million-dollar contracts awarded to law firms with ties to the Attorney General’s office, including:
Edelson PC, which employs a former assistant D.A., received contracts totaling more than $195 million for various cases over the course of approximately two years, including actions against Google and Meta.
Sher Edling and Tycko Zavareei were awarded a $70 million contract to target the oil and gas industry regarding environmental claims and climate change litigation.
ATRA also raised concerns about the office’s use of a fellow from the New York University School of Law State Energy and Environmental Impact Center hired as a “Special Assistant Attorney General.” This program, funded by a $5.6 million grant from Michael Bloomberg’s philanthropic organization, embeds private attorneys in public positions to pursue specific litigation agendas related to climate change.
“Government litigation should serve the best interests of constituents, not the profit-seeking motives of the trial bar or the political aspirations of a select few,” Joyce said. “Many constituents in DC have expressed frustration that the AG isn’t doing enough to address crime and improve public safety.”
The organizations called on Congress to either ban or implement transparency measures around contracting with outside, private counsel to ensure accountability. The full text of the letter is available here.
