Message from Christopher Hughes, Chair of the Business Law Section

March 2025

As business lawyers, we are entrusted with a profound responsibility, not only to our clients but also to the broader community in which we operate.  Recent developments require us to revisit and reflect on a principle fundamental to our democracy: the rule of law.  This is not merely a legal concept, but the very foundation of a just and equitable society.  It is a beacon that guides us through the most challenging of times.

The historical roots of our commitment to the rule of law run deep. Consider Marbury v. Madison, which established the fundamental principle of judicial review.  Chief Justice John Marshall’s decision in this case empowered the courts to assess the constitutionality of laws and actions by the executive and legislative branches.  It ensured that no entity, whether a government institution, a business, or an individual, could stand beyond the reach of the law or claim to be exempt from legal scrutiny.  Without such mechanisms of accountability, businesses would face the uncertainty of arbitrary governance, which undermines trust in the legal system and, consequently, in the business environment.  These principles remain as vital today as they were in 1803.

The rule of law represents our collective commitment to fairness, accountability, and justice.  It is a living principle that transcends political affiliations, personal interests, and momentary expedience.  As legal professionals, we are its most critical guardians, charged with protecting a system that ensures every individual, regardless of their background or economic status, receives equal treatment under the law.  Moreover, our professional responsibility extends far beyond representing individual clients or closing business transactions.  As members of the bar, we are stewards of a legal system that must work for everyone to ensure equal access to justice for all.  This is because the legal system transforms abstract ideals of justice into tangible practices that protect human dignity and opportunity, ensuring that no community is left behind.

The rule of law is not a passive concept to be taken for granted, but an active commitment that requires constant vigilance and unwavering dedication.  It demands that we:

• Protect constitutional rights;
• Ensure due process for all individuals;
• Maintain transparent and accountable governance;
• Prevent arbitrary exercise of power; and
• Guarantee that no single person or entity, whether governmental, corporate, or individual, stands above legal scrutiny and accountability.

In our complex business landscape, these principles become even more critical.  Whether we represent multinational corporations or small family-owned enterprises, our fundamental duty remains unchanged.  We must advocate for a legal system that is fair, predictable, and accessible to all.

The strength of the rule of law lies in its universal application. It requires that:

• Laws are created through legitimate processes;
• Legal procedures are clear and consistently applied;
• Judicial decisions are made independently and impartially;
• Government actions are subject to legal review; and
• Individual rights are protected, especially when it is difficult to do so.

Our professional oath compels us to insist that government, businesses, and individuals alike follow the law comprehensively and without exception.  This means being willing to challenge actions that undermine legal principles, regardless of their source or potential popularity.  Indeed, Chief Justice John Roberts felt compelled to remind the legal community of our responsibilities to adhere to the rule of law in his 2024 Year End Report on the Federal Judiciary and once again in a rare public press statement issued on March 18, 2025.

As attorneys, we must always remember that the rule of law can be made fragile and subject to shattering when attacked or undermined.  It requires active participation from every member of the legal community to shore up the foundations of our judicial system.  When governmental or institutional actions threaten to erode legal protections, we have a professional and moral obligation to speak out, to challenge, and to defend the principles that form the bedrock of our democratic society.

This commitment is not about opposing any particular administration or political ideology.  It is about preserving the foundational mechanisms that ensure justice, fairness, and equal opportunity for all.  Our allegiance is to the law itself, which in turn promotes the principles that protect the rights of every individual and community.

As business lawyers, we possess a unique power and responsibility.  We are not just legal practitioners, but architects of a legal system that can create meaningful change.  We have the ability to ensure that economic interactions are not just profitable, but also ethical, transparent, and just.  Our work matters.  Every contract we draft, every argument we make in court, every dispute we mediate, and every legal strategy we develop contributes to maintaining the delicate balance of our legal system.  We are the guardians who ensure that the rule of law remains a living, breathing commitment to justice.

Let us recommit ourselves to this noble purpose.  Let us foster a legal environment where businesses can thrive, and communities are empowered to build their futures on a foundation of justice and equal opportunity for all.  Let us stand together, across different practices and perspectives, united in our dedication to the rule of law.

The views expressed herein represent those of the author and not necessarily those of the author’s firm or its partners or employees.