Tuesday, April 15, 2025

Is Trump winning his war on Big Law?

 Grok says:

Key Points
  • It seems likely that Donald Trump is currently winning his "war on Big Law".
  • Several high-profile law firms have agreed to significant financial commitments and changes, but some are resisting through lawsuits, creating ongoing controversy.
  • The legal community's opposition and judicial interventions suggest the outcome is still uncertain and complex.

Background
Donald Trump has targeted large law firms, known as "Big Law," with executive orders accusing them of undermining the judicial process and opposing his policies, such as diversity, equity, and inclusion (DEI) initiatives. His actions include revoking security clearances, banning lawyers from federal buildings, and reviewing government contracts. This conflict appears driven by retaliation against firms that represented his political opponents or investigated him.
Recent Developments
Trump has secured settlements with several major firms, totaling significant pro bono commitments. However, other firms are challenging his actions in court, with some receiving temporary judicial relief, indicating a mixed and ongoing battle.
Conclusion
While Trump has made progress by pressuring firms into compliance, the resistance and legal challenges mean the situation is not fully resolved, and the long-term impact remains uncertain.


Survey Note: Detailed Analysis of Trump's "War on Big Law"
This analysis examines the ongoing conflict between President Donald Trump and major law firms, often referred to as "Big Law," focusing on actions taken, firm responses...The conflict centers on Trump's use of executive power to target these firms, with significant implications for the legal profession and the rule of law.
Context and Motivation
"Big Law" encompasses the largest and most prestigious law firms, known for handling high-profile corporate, litigation, and government-related work. Trump's campaign against these firms, as detailed in recent reports, involves executive orders that strip security clearances, ban lawyers from federal buildings, and threaten to terminate government contracts (The Washington Post: Opinion on Trump's war on Big Law). His actions appear motivated by retaliation against firms that have represented his political opponents or participated in investigations against him, such as those related to the Russia investigation or legal actions by figures like Jack Smith.
Trump's Actions and Tactics
Trump's strategy includes issuing executive orders targeting specific firms and broader memoranda affecting immigration law firms and those filing what he deems "nuisance lawsuits." For instance:
These actions are seen as an attempt to use executive power as a "sledgehammer," aiming to intimidate firms into compliance and reshape their practices, particularly regarding DEI and political representation.
Firm Responses: Settlements and Resistance
The responses from Big Law firms have been bifurcated, with some opting for settlements and others resisting through legal action. Below is a detailed breakdown of key firms and their actions, as of the latest reports:
Firm
Action by Trump
Firm's Response
Outcome/Details
Paul Weiss
Executive order on March 14, 2025, revoked clearances, barred access to federal buildings
Made deal on March 17, 2025, for $40M pro bono, ended DEI
Agreement announced, survived potential client loss (
Business Insider: Paul Weiss Deal
)
Perkins Coie
Order on March 6, 2025, suspended clearances, criticized DEI
Filed lawsuit, judge blocked part on March 7, 2025, citing First Amendment violations
Ruling seen as "important first step" (
Business Insider: Perkins Coie Lawsuit
)
Covington & Burling
Memorandum on Feb 25, 2025, suspended clearances, reviewed contracts
Representing Jack Smith, no deal mentioned
Ongoing, no specific outcome (
Business Insider: Covington & Burling Target
)
Skadden Arps
Proactively made deal on March 28, 2025, for $100M pro bono, ended illegal DEI
Some employees resigned in protest, e.g., Rachel Cohen, Brenna Frey
Deal called "settlement," internal frustration (
Business Insider: Skadden Deal
)
Jenner & Block
Order on March 25, 2025, revoked clearances, reviewed contracts
Filed lawsuit, Judge Bates issued temporary restraining order on March 28, 2025, extended to April 1
Order holds "no legal weight," firm to continue advocacy (
Business Insider: Jenner & Block Resistance
)
WilmerHale
Order on March 27, 2025, suspended clearances, revoked contracts, criticized DEI
Filed lawsuit, Judge Leon approved temporary restraining order on March 28, 2025
Order seen as unconstitutional, court praised for "swift action" (
Business Insider: WilmerHale Lawsuit
)
Milbank
Preemptive deal on April 2, 2025, for $100M pro bono, ended DEI-based hiring
Chairman Scott Edelman said agreement in firm's interest
Deal to end "Weaponization of Justice System," focus on client service (
Business Insider: Milbank Deal
)
Susman Godfrey
Memorandum on April 9, 2025, suspended clearances, terminated contracts, reviewed hiring
Filed complaint on April 11, 2025, arguing unconstitutional
Complaint warns of dangerous precedent if orders stand (
Business Insider: Susman Godfrey Complaint
)
Willkie Farr & Gallagher
Deal on April 1, 2025, for $100M pro bono for conservative causes, merit-based hiring
Proactively reached out, ties to Trump since 1990s, represents X
Deal to end "Weaponization," no comment from firm (
Business Insider: Willkie Deal
)
Cadwalader
Deal on April 11, 2025, for $100M pro bono, ended illegal DEI
Managing partner Patrick Quinn said consistent with firm's principles
Focus on client interests, no comment from firm (
ABC News: Trump Deals with Law Firms
)
Kirkland & Ellis
Deal on April 11, 2025, for $125M pro bono, EEOC investigation ended
Internal memo said decision protects people and clients, resolves broad EEOC requests
Part of $600M total with four other firms, ensures antidiscrimination compliance (
ABC News: Trump Deals with Law Firms
)
Allen Overy Shearman Sterling US
Deal on April 11, 2025, for $125M pro bono, EEOC investigation ended
No comment from firm
Part of $600M total with four other firms, ensures hiring compliance (
ABC News: Trump Deals with Law Firms
)
Simpson Thacher & Bartlett
Deal on April 11, 2025, for $125M pro bono, EEOC investigation ended
No comment from firm
Part of $600M total with four other firms, ensures hiring compliance (
ABC News: Trump Deals with Law Firms
)
Latham & Watkins
Deal on April 11, 2025, for $125M pro bono, EEOC investigation ended
No comment from firm
Part of $600M total with four other firms, ensures hiring compliance (
ABC News: Trump Deals with Law Firms
)
This table highlights the scale of Trump's success in securing settlements, with the latest agreements on April 11, 2025, totaling $600 million in pro bono work from five firms, including commitments to end DEI practices and ensure political neutrality in representation.
Broader Legal Community Response
The legal community has not remained silent. Over 500 law firms signed an amicus brief supporting Perkins Coie's lawsuit, and the American Bar Association (ABA), along with over 75 bar associations, issued a joint statement condemning Trump's actions as an abuse of executive power (POLITICO: Big Law Resistance). Additionally, 20 state attorneys general filed an amicus brief for Perkins Coie, and 80 law school deans (excluding Harvard, Yale, and Stanford) signed a letter protesting Trump's tactics (The Washington Post: Opinion on Trump's war on Big Law). This widespread opposition underscores the controversy surrounding Trump's actions.
Judicial Interventions
Judicial interventions have played a critical role in shaping the conflict. Judges have issued temporary restraining orders blocking parts of Trump's executive orders against firms like Perkins Coie, Jenner & Block, and WilmerHale, citing First Amendment violations (CNN: Big Law Fights Back). These rulings suggest that Trump's actions may face legal limits, potentially undermining his long-term success.
Assessment of Success
The evidence leans toward Trump currently winning his "war on Big Law" in the short term. He has secured settlements from numerous high-profile firms, with the latest agreements on April 11, 2025, totaling $600 million in pro bono work, demonstrating significant pressure and compliance (ABC News: Trump Deals with Law Firms). These settlements include commitments to end DEI practices and ensure political neutrality, aligning with Trump's stated goals.
However, the resistance from firms like Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey, supported by judicial interventions and the broader legal community's opposition, indicates that his victory is not absolute. The ongoing lawsuits and potential for adverse court rulings suggest that the long-term outcome remains uncertain. The controversy is evident, with some viewing Trump's actions as necessary to address perceived abuses, while others see them as an unconstitutional overreach.
Conclusion
In summary, Donald Trump is currently winning his "war on Big Law" based on the number of settlements secured, particularly the recent $600 million agreements with major firms. However, the resistance from other firms, judicial interventions, and the legal community's opposition highlight the complexity and ongoing nature of the conflict. The long-term impact on the legal profession and the rule of law will depend on the outcomes of pending lawsuits and potential legislative responses.

Key Citations