Eugene Scalia’s Corporate Client List Makes Him the Most Conflicted Labor Secretary Pick in Recent Memory

WASHINGTON, D.C. — For any corporation that has violated workers’ rights or defrauded consumers and is in need of legal representation, Eugene Scalia’s resume belongs at the top. It’s what he built a career on. It’s clearly what he’s good at. But it’s also his decades of experience as a high-powered attorney for corporate interests like Wal-Mart and the American Petroleum Institute that makes him among the most conflicted possible choices Donald Trump could make to be the next Labor Secretary. The U.S. Senate may soon consider: can someone who put themselves in an adversarial role against workers time and again flip a switch and advocate on behalf of all the nation’s working families, even when their interests come up against those of his former clients? Consumer watchdog group Allied Progress would suggest that someone who — in his free time — would argue that companies are not necessarily responsible for bosses who sexually assault their employers, is not capable of being that committed, serious voice for everyday workers.

See below for a sample of Scalia’s corporate clients over the years. A typical client for Scalia was the U.S. Chamber of Commerce, whom he represented in 2017 as it was challenging the U.S. Labor Department’s Fiduciary Rule, an Obama-era consumer protection that required financial advisers and their firms provide retirement investment advice that is in their clients’ best interests. The rule was effectively delayed when the Fifth Circuit Court of Appeals ultimately ruled in Scalia’s client’s favor, allowing unscrupulous Wall Street brokers to continue grifting their own clients out of billions of dollars of retirement savings without any consequences. Smooth move, Eugene.

A Sampling of Scalia’s Corporate Client List: 

U.S. Chamber Of Commerce

In 2017, Eugene Scalia Represented The U.S. Chamber Of Commerce As It And A Variety Of Big Business Groups Fought The Department Of Labor’s Fiduciary Rule, Which Sought To Require Retirement Advisors To Work In A Client’s Best Interests.

In 2017, Eugene Scalia Represented The U.S. Chamber Of Commerce. In 2017, Eugene Scalia represented the Chamber of Commerce In A Case In The U.S. District Court For The Northern District Of Dallas. [“Chamber of Commerce of the U.S. v. Hugler,” Casetext, 02/08/17]

The U.S. Chamber Of Commerce Was Challenging The Department Of Labor’s 2016 Fiduciary Rule, “Which Required Retirement Advisers To Act In The Best Interest Of Clients.”“The Fifth Circuit on Thursday closed the book on the U.S. Department of Labor’s controversial 2016 fiduciary rule, which required retirement advisers to act in the best interest of clients, issuing a mandate that officially vacates the rule three months after a divided panel invalidated it.” [“Chamber of Commerce of the USA, et al v. U.S. Department of Labor, et al,”Law360, accessed 07/22/19]

The U.S. Chamber Of Commerce Fought The Case Alongside Big Business Groups Like The Financial Services Roundtable, The Financial Services Institute, And The Securities Industry And Financial Markets Association. The U.S. Chamber Of Commerce’s Co-Plaintiffs Were The Financial Services Institute, The Financial Services Roundtable, The Securities Industry And Financial Markets Association, And The Insured Retirement Institute. [“Chamber of Commerce of the U.S. v. Hugler,” Casetext, 02/08/17]

Eugene Scalia Represented The U.S. Chamber Of Commerce As It Filed An Amicus Brief In Support Of Neo@Oglivy LLC And WPP Group USA, Inc Against U.S. Securities And Exchange Commission (SEC) Whistleblower Protections. [“Berman v. Neo@Ogilvy LLC & WPP Group USA, Inc,” U.S. Chamber Litigation Center, accessed 07/22/19]

Eugene Scalia Represented The U.S. Chamber Of Commerce In A 2013 Amicus Curiae It Filed In Support Of Tyco Electronics Corporation CEO Thomas Lynch. [“Wiest v. Lynch,” Casetext, 03/19/13]

Eugene Scalia Represented The U.S. Chamber Of Commerce In A 2009 Amicus Curiae It Filed In Support Of Electronic Arts Inc.[Brief of Amici Curiae in Lucian Bebchuk v. Electronic Arts Inc., Lucian Bebchuk v. Electronic Arts Inc., 04/22/09]

Eugene Scalia Represented The U.S. Chamber Of Commerce In A 2008 Amicus Curiae It Filed In Support Of the Retail Industry Leaders Association, And The U.S. Chamber Of Commerce. [Brief of Amici Curiae Golden Gate Restaurant Association Et. Al. v. City and County of San Francisco, Golden Gate Restaurant Association Et. Al. v. City and County of San Francisco, 03/28/08]

Ford Motor Company

In 2017, Eugene Scalia Represented Ford Motor Company And Its General Retirement Plan In An Appeal To The U.S. Supreme Court. Eugene Scalia represented Ford Motor Company and the Ford Motor Company General Retirement Plan in an appeal to the U.S. Supreme Court. [Petition for Writ of Certiorari in Jennifer Strang v. Ford Motor Company General Retirement Plan et. al., Jennifer Strang v. Ford Motor Company General Retirement Plan et. al., 12/11/17]

Eugene Scalia Represented Ford Motor Company In A 2013 Case Against The Equal Employment Opportunity Commission.[“E.E.O.C. v. Ford Motor Co.,” Leagle, 10/10/13]

UPS

In 2009, Eugene Scalia Represented UPS In A Court Of Appeals Case. Eugene Scalia represented United Parcel Service, Inc. (UPS) in case in the Court of Appeals for the Third Circuit. [“Hohider v. United Parcel Service, Inc., 574 F.3d 169 (3rd Cir. 2009),” Court Listener, 07/23/09]

Fidelity Investments

Eugene Scalia represented Fidelity Investments, Fidelity Brokerage Services, And Fidelity Management & Research Company In A 2010 Case. [“Lawson v. FMR LLC, 724 F. Supp. 2d 167 (D. Mass. 2010),”Court Listener, 07/28/10]

Bank of America

Eugene Scalia Represented Bank Of America, N.A. In A 2017 Case Against The Federal Deposit Insurance Corporation (FDIC). [“Federal Deposit Insurance Corporation v. Bank Of America, N.A. (1:17-Cv-00036),”Court Listener, 01/09/17]

CSC Holdings / Cablevision Systems

Eugene Scalia Represented CSC Holdings And Cablevision Systems In A National Labor Relations Board Base. Eugene Scalia represented the “Charged Party / Respondent” In The National Labor Relations Board’s case against CSC Holdings, LLC and Cablevision Systems New York City Corporation. [“CSC Holdings, LLC, And Cablevision Systems New York City Corp., A Single Employer,” National Labor Relations Board, 07/23/12]

UBS Financial Services

Eugene Scalia Represented UBS Financial Services, Inc. In A 2018 Case In The U.S. District Court For The Northern District Of California. [“Van Steenhuyse v.UBS Fin. Servs., Inc.,” Casetext, 07/05/18]

Avnet, Inc.

Eugene Scalia Represented Avnet, Inc. In A 2010 Case In The U.S. District Court Of Arizona. [“Colson v. Avnet, Inc., 687 F. Supp. 2d 914 (D. Ariz. 2010),” Court Listener, 01/27/10]

Nevada Restaurant Association

Eugene Scalia Filed An Amicus Brief On Behalf Of The Nevada Restaurant Association In A 2010 Appeal To The Ninth Circuit U.S. Court Of Appeals. “Eugene Scalia, Gibson, Dunn & Crutcher LLP, Washington, D.C., filed a brief on behalf of the Nevada Restaurant Association as amicus curiae in support of the appellees.” [Appeal from the United States District Court for the District of Oregon, Cumbie v. Woody Woo, Inc., Case No. 08-35718, 02/23/10]

National Association of Manufacturers, the Great American Insurance Company, And Associated Builders and Contractors

Eugene Scalia Filed An Amicus Brief In Support Of A Case Against The U.S. Department Of Labor By The National Association of Manufacturers, the Great American Insurance Company, And Associated Builders and Contractors. On May 24, 2019, Eugene Scalia filed an Amicus Curiae in support of the National Association of Manufacturers, the Great American Insurance Company, And Associated Builders and Contractors in a case against the U.S. Department of Labor. [Brief of Amici Curiae National Association of Home Builders of the United States v. R. Alexander Acosta, National Association of Home Builders of the United States v. R. Alexander Acosta, 05/24/19]

MetLife

Eugene Scalia Represented Metlife, Inc. In A 2016 Case Against The Financial Stability Oversight Council. [“Metlife V. Financial Stability Oversight Council,” Leagle, 03/30/16]

Bloomberg

Eugene Scalia represented Bloomberg L.P. In A 2013 Case Against The Commodity Futures Trading Commission.[“Bloomberg L.P. v. Commodity Futures Trading Comm’n,” Casetext, 06/07/13]

JHM Mortgage Capital Corporation

Eugene Scalia Represented JHM Mortgage Capital Corporation In A 1995 Case In The U.S. District Court Eastern District Of Virginia. [“Strang v.JHM Mortgage Securities Ltd. Partnership,” Casetext, 06/08/95]

MCI World Com Inc.

Eugene Scalia Represented MCI World Com Inc. In A 2010 Case In The U.S. Court Of Appeals For The Ninth Circuit. [“Buckman v.MCI World Com Inc.,” Casetext, 03/23/10]

Rubber Manufacturers Association

Eugene Scalia Represented The Rubber Manufacturers Association In A 2007 Case Against Public Citizen In The U.S. Court Of Appeals For The District Of Columbia Circuit. [Public Citizen, Inc. v. Rubber Manufacturers Association, Case No. 06-5304, 10/15/07]

Flying J. Incorporated

Eugene Scalia Represented Flying J. Incorporated In A 1998 Case In The U.S. Court Of Appeals For The Fourth Circuit. [“Elliott’s Enterprise v. Flying J Inc, 97-1865 (4th Cir. 1998),” Court Listener, 04/06/98]

International Swaps & Derivatives Association

Eugene Scalia Represented The International Swaps & Derivatives Association In A 2012 Case Against The Commodity Futures Trading Commission. [“Int’l Swaps & Derivatives Ass’nv.United States Commodity Futures Trading Comm’n,” Casetext, 09/28/12]

Enterprise Rent-A-Car

Eugene Scalia Represented Enterprise Leasing Company, Doing Business As Enterprise Rent-A-Car, In A 1999 Case in The United States Court Of Appeals For The Fourth Circuit. [Doyle Johnson v. Enterprise Leasing Company et. al., Case No. 98-2573]

American Petroleum Institute

Eugene Scalia Submitted An Amicus Curiae For The American Petroleum Institute In Support Of The National Association Of Manufacturers’ 2014 Case Against The Securities and Exchange Commission. [“Nat’l Ass’n of Mfrs.v.Sec. & Exch. Comm’n,” Casetext, 04/14/14]

John Alden Life Insurance Company

Eugene Scalia Represented The John Alden Life Insurance Company In A 1995 Case In The Massachusetts U.S. District Court. [Reich v. John Alden Life Ins. (4:95-cv-40086)Court Listener, 05/04/95]

Catastrophe Management Solutions

Eugene Scalia Represented Catastrophe Management Solutions In Its Case Against The Equal Employment Opportunity Commission In The U.S. Court Of Appeals For The Eleventh Circuit. [Equal Employment Opportunity Commission v. Catastrophe Management Solutions, Case No. No. 14-13482]

CH2M Hill, Inc.

Eugene Scalia RepresentedCH2M HILL, INC. In A 1998 Case In The U.S. District Court For The Eastern District Of Virginia. [“Kurihara v. CH2M Hill, Inc., 6 F. Supp. 2d 533 (E.D. Va. 1998),”Justia, 05/21/98]

Parsons Global Services, Ltd.

Eugene Scalia Represented Parsons Global Services, Ltd. In A 2007 Case In The U.S. District Court Of The District Of Columbia. [“Khan v. Parsons Global Services, Ltd., 480 F. Supp. 2d 327 (D.D.C. 2007),” Court Listener, 03/30/07]

Investment Company Institute

Eugene Scalia represented the Investment Company Institute In A 2013 Case Against The Commodity Futures Trading Commission. [“Inv. Co. Inst.v.Commodity Futures Trading Comm’n,” Casetext, 06/25/13]

HSBC Securities, Inc.

Eugene Scalia Represented HSBC Securities, Inc. In A 2014 Case In The U.S. District Court For The Southern District Of New York. [“Picarella v. HSBC (USA) Securities, Inc. (1:14-cv-04463),” Court Listener, 06/20/14]

Wynn Las Vegas LLC

Eugene Scalia Represented Wynn Las Vegas LLC In A 2016 Case Against Former Secretary Of Labor Thomas Perez In The U.S. Court Of Appeals For The Ninth Circuit. [“Or. Rest. & Lodging Ass’n v.Perez,” Casetext, 09/06/16]

Eugene Scalia Represented Wynn Lass Vegas LLC In A 2019 Case In The U.S. District Court For The District Of Nevada. [“Cesarz V. Wynn Las Vegas LLC,” Leagle, 01/16/19]

Schwab Capital Markets, L.P.

Eugene Scalia Represented Schwab Capital Markets, L.P. In A 2009 Case In The U.S. District Court For The Southern District Of New York. [“Pelosi v.Schwab Capital Markets, L.P.,” Casetext, 06/30/09]

DaimlerChrysler Corporation

Eugene Scalia Represented DaimlerChrysler Corporation In A 2004 Case In The Supreme Court Of Michigan.[“Gilbert V. Daimlerchrysler Corporation,” FindLaw, 07/22/04]

Stone & Webster Construction, Inc.

Eugene Scalia Represented Stone & Webster Construction, Inc. In A 2012 Case In The U.S. Eleventh Circuit Court Of Appeals.[“Stone & Webster Constr., Inc.v.U.S. Dep’t of Labor,” Casetext, 06/19/12]

The Scotts Company LLC

Eugene Scalia Represented The Scotts Company LLC In A 2009 Case In The Massachusetts District Of The U.S. District Court. [Rorigues v. EG Systems, Inc. d/b/a Scotts Lawnservice, Civil Action No. 07-10104-GAO]

Verizon Business Network Services, Inc.

Eugene Scalia Represented Verizon Business Network Services, Inc. In A 2006 Case In The U.S. District Court For The Northern District Of Georgia. [“Walden v. Verizon Business Network Services, Inc. (1:06-cv-02394),” Court Listener, 10/06/06]

Northrop Grumman Corporation

Eugene Scalia Represented Northrop Grumman Corporation In A 2012 Case In The California Second District Court Of Appeals. [“Papudesi V. Northrop Grumman Corp.” Leagle, 12/04/12]

NASDAQ Stock Market LLC

Eugene Scalia Represented NASDAQ Stock Market LLC In A Securities And Exchange Commission (SEC) Legal Proceeding.[Initial Decision Release No. 1015 Administrative Proceeding File No. 3-15350, Securities and Exchange Commission, 06/01/16]

Sprint Nextel Corporation

Eugene Scalia Represented Sprint Nextel Corporation In A 2014 Case In The U.S. District Court For The District Of Kansas. [“Jordan v.Sprint Nextel Corp.,” Casetext, 06/27/14]

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