Business Law Clerks

Student interested in business law often wonder if they should pursue a clerkship. We asked three Richmond Law alumni who did business law-related clerkships for their thoughts on this question.

Jed Donaldson, L'10

Jed Donaldson is a partner at the law firm of LimNexus, LLP. He concentrates his practice on bankruptcy, restructuring transactions, and out-of-court workouts as well as related litigation. We asked him to talk about bankruptcy clerkships.

After law school graduation, I was a law clerk for Judge Frank Santoro, U.S. Bankruptcy Court for the E.D. Va. (Norfolk). During law school, I externed for Judge Kevin R. Huennekens, U.S. Bankruptcy Court for the E.D. Va. (Richmond); and interned for U.S. Magistrate Judge Dennis W. Dohnal, U.S. District Court for the E.D. Va. (Richmond).

What type of work did you do in your clerkship?

With Judge Santoro, regular duties included analysis for his regular, weekly court docket, which entailed reviewing and preparing an outline of around 100-150 matters to be heard each week. These covered his chapter 7 and 13 case dockets (more consumer-oriented) but also the chapter 11 business cases on his docket. In addition to the regular routine of docket preparation, I’d do longer term assignments that involved primarily drafting internal memoranda in advance of a contested matter, evidentiary hearing, or trial; or a memorandum opinion and order that was that decided and ruled on a prior contested matter, evidentiary hearing, or trial. The more common issue at trial included whether or not a particular debt owed by a debtor was dischargeable, i.e., would that debtor still have to pay that particular debt even after his/her bankruptcy discharge. In addition to the cases pending before him, Judge Santoro also mediated cases that were pending before other bankruptcy judges in Virginia, these included a golf course chapter 11 bankruptcy and other matters. Supporting him on mediation assignments was my personal favorite because you interacted more closely with the lawyers and their clients, and got to see both sides of a negotiation.

What is your practice now, and has your clerkship been useful in preparing you for this practice?

My clerkship was, and is every day, absolutely helpful in my regular practice. Over 90% of my time is on either bankruptcy-related matters, or a situation where bankruptcy is possible in the future or a scenario that you are trying to avoid. With a bankruptcy practice, having spent year learning with a judge learning the statutes, rules, and watching lawyers in court has been incredibly helpful, especially because a bankruptcy practice is its own niche, with its own statutes, courts, and rules.

What advice do you have for students who are interested in this type of clerkship?

If you’re interested in a bankruptcy court clerkship, first, I’d take courses covering bankruptcy, Article 9 (secured transactions), Article 2 (sales / leases), and civil procedure and evidence; other commercial/corporate law related course will be helpful as well. Having externed for a bankruptcy judge (which UR set up) during my 2L year was the sole reason I was offered a full-time clerkship, and the externship program is worth pursuing, as you’ll get to see the day-to-day life of what a clerkship is like and the lawyers handling bankruptcy matters. Consider particular courts if you’re very eager to practice chapter 11 bankruptcy – Delaware, Texas (Houston), New York, and Virginia (Richmond), as the majority of larger chapter 11 cases are filed in those courts. You can still handle chapter 11 cases regardless of where you clerk, but those courts will give you an advantage with jobs at larger firms in New York, D.C., and Chicago. Clerking was the best year I’ve had in my career, and it will never be replicated, so I highly recommend pursuing a clerkship if a bankruptcy practice is appealing.

Corinne Moini, L'17

Corinne Moini is an associate at the law firm of GreenbergTraurig, LLP in Wilmington, Delaware. She counsels companies, directors, and shareholders in expedited and non-expedited fiduciary duty litigation, statutory matters arising under Delaware corporate and alternative entity laws, complex contractual disputes, including post-closing stock or asset purchase agreements, and derivative shareholder litigation.

Since graduating law school in 2017, I have had the privilege of clerking in two incredible courts. My first clerkship was in the Delaware Superior Court working for a seasoned judge who was part of division that handled complex commercial business disputes. During this clerkship, my work focused mostly on the complex civil cases that were before my judge. My second clerkship was in the United States District Court for the Eastern District of Virginia, which is sometimes referred to as the rocket docket. During this clerkship, I was exposed a wide variety of cases both civil and criminal.

In both of my clerkships, I spent a lot of time researching, writing, reading briefs, and interacting with the judges. Because both courts had such a heavy caseload, each judge relied on me to prepare case memos for upcoming court proceedings that outlined the issues and relevant case law, which we would discuss before any hearing and/or trial. After a hearing/trial, I would also be responsible for drafting the first version of the court’s decision. And with both judges we would go through an iterative process editing and finalizing each decision. I also spent a lot of time in court observing and taking notes and helping the judge.

What is your practice now, and has your clerkship been useful in preparing you for this practice?

Currently, I am at a law firm where I practice commercial litigation. I work in both federal court and state court including the Delaware Court of Chancery. I think my clerkships have been useful in preparing me for private practice. As a clerk, you get a very unique experience of seeing how a chambers and certain judge practices, while also getting to watch great litigators performing in the courtroom. I used those experiences to help shape how I practice on a daily basis. Also, I know that the research and writing skills I developed and finetuned during my clerkships have been extremely helpful in my practice.

What advice do you have for students who are interested in this type of clerkship?

My advice for students who want to clerk is take the application process seriously. Apply to judges and courts that interest you and ones that you think you want to practice in in the future – and always prepare for your interviews. Also, when you are clerking, seize every opportunity to engage with your judge (other judges in the courthouse) and the other people in your chambers. You can learn so much from your judge and his/her team and really develop a wonderful mentor/mentee relationship.

Ashley Davoli, L'16

Ashley Davoli is an associate at the law firm of Eckert Seamens in Richmond. She focuses her practice on a wide variety of commercial and business litigation matters.

Delaware Superior Court in Wilmington, Delaware, for Judge Paul R. Wallace.

What type of work did you do in your clerkship?

My judge handled both civil and criminal matters and was assigned to the Complex Commercial Litigation Docket (CCLD). For the civil and CCLD matters, I researched the issues in the cases, wrote bench briefs for my judge to prepare for hearings and trials, and drafted opinions. For the criminal cases, a majority of my work pertained to search and seizure issues and motions to suppress, and writing opinions in those cases. I also attended trials that ranged from first-degree murder to a negligence case involving a jet ski. Every day was a new learning experience.

I am in the commercial litigation section of my firm, and my caseload runs the gamut of commercial and business litigation. I work on commercial lease disputes, corporate governance issues, complex insurance matters in tractor trailer accidents, and contract cases, just to name a few. I enjoy having such a diverse practice – it is certainly never boring! Clerking prepared me to manage multiple, completely different issues at once and stay organized. I learned how to get complex issues down on paper in a cogent way, and to analyze and explain why a certain position is the correct one. I also learned what not to do, both in court and in a written product.

My advice would be to apply to clerkships in the region you see yourself practicing, or to courts/judges that have a specialization that interests you. I knew I wanted to work in business/commercial litigation coming out of law school, which is what initially drew me to Delaware. While I am back in Richmond now, my time in Delaware was invaluable. Also, take advantage of the amount you can learn from your judge. They are excellent resources and mentors and can help you start your legal career on the right track.