[How Rich Are the Trump Administration’s Top Lawyers?]
Jones Day lawyers have in many cases received waivers permitting them to participate in matters that have ties to the firm. U.S. Solicitor General Noel Francisco and Chad Readler, a top Civil Division lawyer at the Justice Department, both received waivers to continue work on litigation matters.
In her ethics pledge, Baiocco said for one year she would would not participate “personally and substantially” in matters that involve Jones Day or one of the firm’s clients unless she first obtains a waiver. Baiocco said she provided legal services to, among other clients, the Boston Red Sox, U.S. Bank National Association and R.J. Reynolds Tobacco Co.
Baiocco also said her husband, Andrew Susko, a partner at the firm White and Williams, will not communicate with the Consumer Product Safety Commission “on behalf of his employer or any client” for the duration of her time at the agency. Susko, based in Philadelphia, is co-chairman of the firm’s litigation group. He argued in one product-safety case for IKEA over over unsafe dressers.
If confirmed, Baiocco would replace Commissioner Marietta Robinson, ending the Democratic majority.
The commission’s former chairman, Elliot Kaye, prolonged the Democratic majority by electing to stay on the commission under the Trump administration—albeit in the diminished role of one of the four remaining commissioners.
Baiocco’s confirmation would give Trump’s nominee to lead the commission, Ann Marie Buerkle, the votes necessary to stem the Obama-era trend of high-dollar penalties against companies. Buerkle, has consistently voted against high penalties imposed against companies over their alleged delays reporting product defects. At her confirmation hearing in September, Buerkle was grilled over the perception she is friendly to corporate interests.
Baiocco’s confirmation hearing has not yet been set.
Correction: An earlier version of this report identified Andrew Susko as a lead lawyer for IKEA in a product-safety case. Susko’s representation was limited to oral argument on a discovery motion, the firm said.
