They’ve Got Next: The 40 Under 40 - Stephen Blake of Simpson Thacher

Please describe two of your most substantial, recent wins in practice.
Many securities cases turn on adequate warnings about business trends, but in the Velocity Financial matter, the allegedly undisclosed trend was Covid-19. In drafting our motion to dismiss, I frequently asked myself, “What did I know about COVID on relevant dates?” My clients did not have special insights into the spread of the global pandemic, and we were able to show to the court using public health statements that no reasonable company had the clairvoyance that plaintiffs contended should have colored Velocity’s IPO disclosures.

I previously represented China-based e-commerce company Alibaba in a massive, “all hands on deck” litigation. I was very proud of the outcome we ultimately negotiated for the client, and I am forever grateful for my wife Clare and son Henry for moving with me to Hong Kong during depositions and trial prep.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?
As a first year associate, a partner asked me summarize “all the cases” on a topic. I prepared a lengthy memo which a more senior associate kindly reviewed and then digested in to a few bullets for the partner. The partner asked several questions, reviewed the key case, and then called the client saying, “Hi, the answer to your question is ‘yes.’” This illustration taught me that clients are most often looking for practical advice, not legal theory or reams of precedent. I always look for the practical next step when confronted with a legal question and quickly learned that reviewing “all the cases” is often a necessary prerequisite to providing practical advice in complicated and often unprecedented decisions. I strive every day to provide my clients with simple answers that are informed by research and judgment.

How do you define success in your practice?
I try to build long-term relationships with clients who will then call back the next time they have a challenge, or, even better, beforehand to seek advice on how to avoid an issue.

What are you most proud of as a lawyer?
I am most proud of my role as a client adviser. I regularly appear in court, before regulators or vis-à-vis opposing counsel as an advocate, but my proudest moments are always when I can help a client achieve a business objective, settle a dispute, or avoid a problem without litigation.

Who is your greatest mentor in the law and what have they taught you?
I have had several mentors over my career, each of whom has taught me a different valuable lesson. First, details matter, master them; second, do not let perfect be the enemy of the very good; third, sometimes you have to play the whole hand; fourth, sometimes you have to play the hand you are dealt; and, lastly, sometimes the best strategy is to do nothing at all.

Just for fun, tell us your two favorite songs on your summer music playlist.
Lyle Lovett’s “If I Had a Boat"—This probably just underscores that I am not “cool.” Corporate litigators are probably not the best source for recommended tunes. 😊

Billy Joel’s “We Didn’t Start The Fire"—Not a “summer song” per se, but feels relevant every time I open my Twitter feed.

Stephen Blake defends clients in complex, high-stakes disputes and serves as a member of his firm’s diversity, recruiting, and finance committees. He is leading his firm’s team on behalf of their legal organization clients in suing the Biden administration over allegedly violating the fundamental statutory and constitutional rights of unaccompanied immigrant children subject to the Remain In Mexico program.