Skadden has become the first major law firm to reach a pre-emptive settlement with US President Donald Trump to ward off the threat of an executive order, with the deal coming as WilmerHale and Jenner & Block both filed suits against the Trump administration following action taken against them earlier this week.
In a post on his Truth Social account, Trump announced that Skadden had agreed to provide a total of at least $100m in pro bono legal services ‘during the Trump administration and beyond, to causes that the President and Skadden both support.’
The elite US firm has also agreed that it ‘will not engage in illegal DEI discrimination and preferences’, and ‘will engage independent outside counsel to advise the firm to ensure employment practices are fully compliant with law.’
A White House statement said that Skadden had ‘approached President Trump and his administration, and declared the firm’s strong commitment to ending the weaponization of the justice system and the legal profession.’
Trump’s post also included a statement attributed to Skadden executive partner Jeremy London, saying: ‘Skadden is pleased to have achieved a successful agreement with President Trump and his Administration. We engaged proactively with the President and his team in working together constructively to reach this agreement. The Firm looks forward to continuing our productive relationship with President Trump and his Admin. We firmly believe that this outcome is in the best interests of our clients, our people, and our firm.’
According to Trump’s post, the agreement specifies that the pro bono work will cover areas including assisting veterans and other public servants; ensuring fairness in the justice system; and combatting antisemitism. It also states that ‘law graduates that receive Skadden fellowships will represent a wide range of political views, including conservative ideals.’
The announcement of the Skadden deal, which follows the a similar agreement struck by Paul Weiss last week, came after WilmerHale and Jenner both filed lawsuits against the administration, calling on the courts to block Trump’s executive orders against them, which suspend the firms’ security clearances and restrict their access to government buildings.
The administration filed the orders against Jenner and WilmerHale on Tuesday (25 March) and Thursday (27 March) respectively, using the ‘addressing risks from’ format previously used in orders issued against Perkins Coie (6 March) and Paul Weiss (14 March). All of the orders also call on federal agencies to terminate and disclose any contracts they have with the firms.
The order against WilmerHale criticised the firm for its 2020 rehire of Robert Mueller, who from 2017 to 2019 served as special counsel investigating alleged Russian interference in the 2016 election, as well as Aaron Zebley and James Quarles, who also rejoined the firm after working for Mueller. The order against Jenner similarly slammed the firm for its 2020 rehire of Andrew Weissmann, who also worked as part of Mueller’s team.
WilmerHale’s complaint states: ‘The President’s sweeping attack on WilmerHale (and other firms) is unprecedented and unconstitutional. The First Amendment protects the rights of WilmerHale, its employees, and its clients to speak freely, petition the courts and other government institutions, and associate with the counsel of their choice without facing retaliation and discrimination by federal officials.’
Jenner’s suit, meanwhile, calls the executive order against the firm ‘an unconstitutional abuse of power against lawyers, their clients, and the legal system.’
It also states that the order ‘is intended to hamper the ability of individuals and businesses to have the lawyers of their choice zealously represent them. And it is intended to coerce law firms and lawyers into renouncing the Administration’s critics and ceasing certain representations adverse to the government.’
A spokesperson for WilmerHale said: ‘The Executive Order targeting our firm is a plainly unlawful attack on the bedrock principles of our nation’s legal system—our clients’ right to counsel and the First Amendment. The terms of a nearly identical Executive Order have already been enjoined by a federal judge and today we have filed for immediate relief to protect the rights of our clients. We are bringing the dedication, expertise, and values that have served a wide range of clients in matters against administrations of both parties for decades to ensure their and our rights are upheld.’
Jenner & Block said in a statement: ‘Today, Jenner & Block filed a lawsuit to stop an unconstitutional executive order that has already been declared unlawful by a federal court. We expect to prevail quickly.
‘For more than 100 years, Jenner has stood firm and tirelessly advocated for our clients against all adversaries, including against unlawful government action. We once again go to court to do just that. To do otherwise would mean compromising our ability to zealously advocate for all of our clients and capitulating to unconstitutional government coercion, which is simply not in our DNA.’
The suits come after Perkins Coie filed a similar suit earlier in the month, with US district judge Beryl Howell in Washington DC granting a temporary restraining order on 12 March.
The Trump administration escalated its attacks on law firms on 17 March, when US Equal Employment Opportunity Commission (EEOC) acting chair Andrea Lucas sent letters to 20 global firms demanding extensive data relating to hiring and employment practices.
News then broke on 21 March that Paul Weiss chair Brad Karp had struck a deal with the administration, agreeing to conditions including a commitment of the equivalent of $40m in pro bono services to causes aligned with the administration’s agenda over the next four years in order to be freed from the executive order.
While law firm management has in most cases stayed silent on the issue, associates have been more active, with third-year associate Rachel Cohen resigning from Skadden in protest at the firm’s silence on the issue.
In a post on her LinkedIn today, Cohen shared a link to a Google Drive folder with resources for associates at targeted firms, including a commitment to a recruitment and interviewing freeze.
WilmerHale is represented by Paul Clement, a Legal 500 Hall of Famer for appellate work who established his own firm Clement & Murphy in 2022 after leaving Kirkland & Ellis in response to Kirkland’s decision to no longer accept Second Amendment cases. Clement also served as United States solicitor general in the second George W. Bush administration from 2004 to 2008.
Jenner, meanwhile, is represented by Cooley, with a team comprising partners Michael Attanasio in San Diego, David Mills in Washington DC, Kristine Forderer in San Francisco, and John Bostic in Palo Alto.
