Read White Shoe: How a New Breed of Wall Street Lawyers Changed Big Business and the American Century By John Oller

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White Shoe: How a New Breed of Wall Street Lawyers Changed Big Business and the American Century-John Oller

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The fascinating true story of how a group of visionary attorneys helped make American business synonymous with Big Business, and Wall Street the center of the financial world“Entertaining.”—The Wall Street Journal • “Fast-paced history.”—Library Journal • “Insightful and revealing."—Kirkus • “Captivating.”—BookPage The legal profession once operated on a smaller scale—folksy lawyers arguing for fairness and justice before a judge and jury. But by the year 1900, a new type of lawyer was born, one who understood business as well as the law. Working hand in glove with their clients, over the next two decades these New York City “white shoe” lawyers devised and implemented legal strategies that would drive the business world throughout the twentieth century. These lawyers were architects of the monopolistic new corporations so despised by many, and acted as guardians who helped the kings of industry fend off government overreaching. Yet they also quietly steered their robber baron clients away from a “public be damned” attitude toward more enlightened corporate behavior during a period of progressive, turbulent change in America. Author John Oller, himself a former Wall Street lawyer, gives us a richly-written glimpse of turn-of-the-century New York, from the grandeur of private mansions and elegant hotels and the city’s early skyscrapers and transportation systems, to the depths of its deplorable tenement housing conditions. Some of the biggest names of the era are featured, including business titans J. P. Morgan and John D. Rockefeller, lawyer-statesmen Elihu Root and Charles Evans Hughes, and presidents Theodore Roosevelt, William Howard Taft, and Woodrow Wilson. Among the colorful, high-powered lawyers vividly portrayed, White Shoe focuses on three: Paul Cravath, who guided his client George Westinghouse in his war against Thomas Edison and launched a new model of law firm management—the “Cravath system”; Frank Stetson, the “attorney general” for financier J. P. Morgan who fiercely defended against government lawsuits to break up Morgan’s business empires; and William Nelson Cromwell, the lawyer “who taught the robber barons how to rob,” and was best known for his instrumental role in creating the Panama Canal. In White Shoe, the story of this small but influential band of Wall Street lawyers who created Big Business is fully told for the first time.

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From the last several decades of the 19th century, through the first three decades of the 20th century, major transformations occurred in American industry. Small manufacturers were replaced by giant corporations, including U.S. Steel, American Tobacco, Westinghouse, and Standard Oil to mention just a few. As these corporations and some related "trusts" grew in economic power, the federal government had to enlarge itself to deal with them. This response included major antitrust and regulatory activity, such as represented by Teddy Roosevelt. As a result of these developments, the legal profession underwent its own transformation, most notably through the appearance of the Wall Street law firms, who came to exercise tremendous legal and political power in representing their clients. The nature of practice changed, in that these "business lawyers" worked to keep their clients out of court while they mixed law with business practices. This interesting book discusses the development and activities of these early major law firms.The author has chosen to tell the story by focusing on many of the key legal players and their firms. So the reader learns a great deal about William Nelson Cromwell, Paul Cravath, Charles Evans Hughes, Elihu Root, Francis Lynde Stetson, George Wickersham, Samuel Untermyer, and John Foster Dulles among others. Each lawyer is discussed within the context of one of his major cases or business projects. For example, Cromwell played the major role in successfully backing the Panama Canal route over that of Nicaragua, and persuading the U.S. government to put up the funds to complete the canal the French had begun. Sometimes, however, these lawyers led investigations of the corporations that they usually represented. Untermyer, for example, led the Pugo Committee investigations of the supposed "money trust" and got to cross-examine J.P. Morgan. Hughes (on his way to becoming Governor, Supreme Court Justice, and presidential candidate) led a NY state investigation of the insurance industry; Wickersham served as Taft's Attorney General and instituted more antitrust cases than even TR had.The author follows the lawyers as they get involved in World War I and its aftermath. Cravath extensively visited the French front on several occasions, and John Foster Dulles first became involved in international diplomacy when he participated in the extensive negotiations regarding the German war debt. Other lawyers became involved in the fight over Wilson's proposed League of Nations. In an Epilogue chapter, the author traces the later careers of many of these Wall Street titans.To be sure, this was an interesting group of folks who pioneered this new role for lawyers. The book runs some 312 pages of text, with an additional 90 pages of notes and a selected bibliography. I found the discussion of Paul Cravath particularly interesting, as he created the American law firm we have today (and in which I practiced). The practice of law has changed in many ways since the days of Cravath, but it was he who got the wheels rolling and the book gives the reader an insight into today's law firm practice which is very helpful.
Retired Wall Street lawyer John Oller takes us back to the turn of the 20th Century when the modern law firm was created to service the giant industrial corporations that were taking form. Among the IVY League WASP lawyers we see Paul Cravath fresh after his winning the “current wars” for his client George Westinghouse against Thomas Edison create the model of today’s law firm. He hires associates straight out of the best law schools, trains them and puts them on a partnership track. He also creates a profit sharing system among the partners. More than 100 years later this is how corporate law firms work.We meet Frank Stetson, JP Morgan’s lawyer, future Chief Justice of the Supreme Court Charles Evans Hughes, George Wickersham who would become William Howard Taft’s attorney general who brings a multitude of anti-trust lawsuits, and William Nelson Cromwell who pretty much is responsible for a coup in Panama that leads to the building of the Panama Canal. We also meet a young John Foster Dulles, who would later run Sullivan & Cromwell and be Eisenhower’s secretary of state.There is also one Jewish lawyer in this telling. He is Samuel Untermyer who after making a fortune on Wall Street, he becomes a leading muckraker taking on the titans of Wall Street, including JP Morgan in very famous congressional hearing.Out of their labors we see formulated the notions of the “rule of reason” in antitrust cases first enunciated by William Howard Taft when he was an appellate judge, the consent decree and the business judgement rule for corporate officers and directors. As the story evolves most of Oller’s protagonists make peace with the progressives they rub up against and as such they become part and parcel with the newly emerging administrative state. Of course the emergence of the administrative state would become a great boon to the super lawyers.We also see the growing internationalist outlook among Oller’s Wall Street lawyers. They push for intervention on the Allies side in World War I and actively support the creation of the League of Nations. A generation later they would form the backbone of Wendell Willkie’s campaign for the presidency. Oller bemoans the fact that Wall Street lawyers are far less involved in Washington D.C. then they were 100 years ago. Instead we see Wall Street investment bankers taking their place.Oller has written an interesting book highlighting the merger between law and capital. At time he gets bogged down in too many details, but on the whole his book makes for an interesting history.

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