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• The Reintroduction of Kirsten Gillibrand 

After her clerkship, Gillibrand returned to Davis Polk, where she worked for nine years, logging long workweeks for a series of clients including the tobacco conglomerate Philip Morris. During her 2008 congressional reelection, operatives for Sandy Treadwell, her Republican opponent, compiled boxes of information that documented Gillibrand’s involvement with Philip Morris, but the media was largely uninterested. The New York Times revisited the material after Gillibrand’s Senate appointment. The Times’ 2,700-word front-page story depicted Gillibrand as a key player on the account, making trips to Philip Morris’s European cigarette-testing lab and using her office as a war room to plot strategy to defend the company against government claims that it knew tobacco was a carcinogen and hid that information from consumers. The story noted that Davis Polk allowed associates to decline to work for certain clients if they found the work ethically objectionable, but that Gillibrand appeared to have thrown herself wholeheartedly into her Philip Morris assignment.

. . . I asked her if she regretted her work, she answered with a defiant “No.” She didn’t defend the work on its own terms, however. “I had an opportunity to work with Robert Fiske on the case, and he is universally regarded as one of the great lawyers of our time,” she told me. Then she said, “And the work on that case allowed me to do pro bono cases.” . . .

Gillibrand says it was Bible study that awakened her to public service. “When I was working in New York, I taught a Bible class for 10-year-olds,” she says. “My favorite parable is the one Jesus tells about the talents.” She’s referring to the story in which a master becomes angry with a servant for wasting a coin, or “talent,” he was given. “What I took from that is we have to do the most with the talents God has given us. I was working as a corporate lawyer, where I wasn’t helping people. I was just helping big companies make money. And I wanted to do more.” The story may be true, but it clearly sounded rehearsed. . . .

It’s Schumer, more than anyone, who is responsible for Gillibrand’s relaunch. At Gillibrand’s lowest point, shortly after the Times tobacco story, New York’s senior senator agreed to cooperate with (and some suspect he orchestrated) what was viewed by some as a Times makeup call, a front-page story about how Schumer was taking Gillibrand under his wing. The piece implied that Schumer was supporting Gillibrand because he could manage her. The message Schumer meant to send was clear: He is on Gillibrand’s side and expects others to be as well.

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I had an opportunity to work with Robert Fiske on the case, and he is universally regarded as one of the great lawyers of our time. . . . And the work on that case allowed me to do pro bono cases.
NY Sen. Kirsten Gillibrand defends her work for Philip Morris in a NY Magazine article.