They’ve Got Next: The 40 Under 40 - Marcus Childress of Jenner & Block

Please describe two of your most substantial, recent wins in practice.

I’ve spent my career working on matters at the intersection of law and politics. While serving as investigative counsel on the House January 6 Committee, I focused my investigation on why the rioters came to Washington, how the Capitol was breached, and how order was restored.

I reviewed thousands of hours of footage and conducted more than 60 depositions and interviews of key witnesses, including leaders of the Proud Boys and Oath Keepers. Working to ensure an accurate accounting of January 6 would be documented for the history books was some of the most challenging, and meaningful, months of my career.

Now in private practice, I continue to work at that same intersection with much of my practice focused on high-stakes congressional and white-collar investigations.

Since the Students for Fair Admissions decision was issued, I have been helping corporations, law firms, and non-profits navigate the evolving DEI [diversity, equity, and inclusion] landscape. I was proud to be part of the team that defended a law firm in one of the first DEI challenges that the industry faced.

Achieving a positive result for the client required a holistic approach and a unified strategy, including communications. It was a challenge that made the resolution that much more meaningful.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

Empathy is paramount in the practice of law, and you must know the people whom the law impacts to be a successful, responsible lawyer.

I entered the Air Force JAG [judge advocate general] Corps immediately following law school, where for three years I investigated and prosecuted a murder case involving an Air Force service member accused of killing an American civilian. The victim’s family requested the Air Force have jurisdiction over the local DA and US attorney, placing immense trust in me. I did not carry it lightly.

Over three years, I built strong relationships with the victim’s family, the broader community, even members of a gang to which the accused belonged—to the point that gang members testified for the prosecution at trial. But my greatest success was making the victim’s family comfortable enough to successfully testify, too.

Ultimately, the Air Force service member was found guilty. Had it not been for the empathy I showed to all sides of the courtroom—the accused, the community, the jury—justice might not have been served.

That lesson of empathy motivates my practice to this day. To put myself in a client’s shoes, get to know their business, and understand what keeps them up at night, I am using the same skill. It helps me reach beyond prescribed legal solutions to practical, context-dependent solutions that satisfy their concerns.

How do you define success in your practice?

Success to me is helping my clients maintain the reputation that they have worked so hard to develop.

Clients typically come to me in the midst of crises—they are subpoenaed by Congress, the DOJ is knocking at their door, they are handling a whistleblower complaint, or perhaps all of the above. My task is to understand the core issue and help the client address it while also not jeopardizing their reputation in the process.

I strike that balance by bringing very diverse—or at times adverse—views together in a manner that’s productive. That doesn’t just apply to investigations, but also to a broad set of challenges that companies face with their stakeholders.

In one matter, I worked with several of my partners at Jenner to conduct a workers’ rights assessment evaluating a large technology company’s effort to comply with its human rights policy as it relates to workers’ freedom of association and collective bargaining. I approached the assessment with the same rigor as I would any other inquiry—wanting the perspective of company management and employees, as well as human rights and labor experts—to establish ground truth and move forward with recommendations that serves all.

What are you most proud of as a lawyer?

I am most proud of the fact that I’ve used my law degree to help my country and communities.

Service runs deep in my family. My father, grandfather, and all my uncles were Air Force veterans. When I was young, I wanted to be a fighter pilot. Even when I chose to pursue law school, I knew I wanted to apply that education by joining the JAG Corps.

I chose to join the House January 6 committee as investigative counsel for the same reason—a desire to serve my country, particularly at a time when the strength of its democratic institutions was tested.

I look back on those two career chapters with immense pride. I used my legal skills to advance the mission of the military and the cause of democracy, in the hope that my son can live in a better, safer country in part due to my work.

My devotion to public service followed me to Jenner & Block, where I represent forward-thinking organizations, foster a strong pro bono practice, and give back to my communities. Since 2019, I’ve been a mentor through the Historical Society of the District of Columbia Circuit, where I teach constitutional law and mock trial to a D.C. public high school. Through that engagement, I help empower a new, diverse generation to develop an interest in the law.

Who is your greatest mentor in the law and what have they taught you?

Ann O’Leary, co-chair of Jenner & Block’s Government Controversies and Public Policy Litigation practice, has provided invaluable mentorship to me since I joined Jenner & Block. Coming to the firm from the office of the governor of California, Ann served as an excellent example of a colleague who had transitioned from public service to private practice—and using the skills she’d learned in government to benefit clients. As my sponsor through the firm’s program for diverse lawyers, she helped to ensure I had the tools and connections to make my own transition and journey with Jenner successful.

The number one skill that I have honed from working with Ann is providing strategic advice for clients. Tactical thinking comes naturally for lawyers who are trained to be in the weeds of every statute, briefing and motion.

It is easy to think of an answer for an isolated issue, but Ann is extremely talented at providing broader advice that preserves the company’s business and reputation. Working under Ann for major clients facing crisis has helped me fine tune this skill set and provide a more holistic response and bigger picture strategy for the client.

Tell us your two favorite songs on your summer music playlist.

“II Hands II Heaven” by Beyoncé. If I am in the car with my wife, there is a good chance that we are listening to Cowboy Carter and singing this song off-key.

Also, Lauren Moore and Krystal Durham both listed Beyoncé songs last year when they were honored, so I wanted to keep the tradition going. [And] “Million Dollar Baby” by Tommy Richman. My three-year-old son never stops dancing, and this is his song of the summer, which means it’s also my song for the summer.

Marcus Childress of Jenner & Block with his wife, Jasmine, and their son at Disney World, Christmas 2023.

Credit: Marcus Childress and Jonathan Hurtarte/Bloomberg Law