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New York Times
16-06-2025
- Business
- New York Times
Trump's Strategy in Law Firm Cases: Lose, Don't Appeal, Yet Prevail
The Trump administration is ordinarily quick to appeal its losses. When courts in recent weeks blocked President Trump's tariff plans and his takeover of National Guard troops in California, government lawyers filed appeals within hours. The administration has also filed 19 emergency applications with the Supreme Court since the president took office. But administration lawyers have done nothing to challenge a series of stinging rulings rejecting Mr. Trump's efforts to punish prominent law firms for what he called 'conduct detrimental to critical American interests' by representing clients and causes not to his liking. The administration's unconventional litigation strategy is telling, said W. Bradley Wendel, a law professor at Cornell who is an authority on legal ethics. 'They knew that these were losing positions from the beginning and were not actually hoping to win in court, but rather to intimidate firms into settling, as many firms did,' he said. 'Now that they have racked up the four losses in district courts, it is not surprising that they are not appealing, because I don't think they ever thought these were serious positions.' Three rulings permanently blocked Mr. Trump's executive orders in cases brought by law firms that chose to fight: Perkins Coie, Jenner & Block and WilmerHale. A judge has temporarily blocked a fourth executive order, against Susman Godfrey, and will almost certainly strike it down. But many more firms chose to capitulate to Mr. Trump's demands in the face of threats to lift security clearances, cancel contracts and bar entry to government buildings. Among the firms that promised to provide a cumulative total of many hundreds of millions of dollars in pro bono representation to causes favored by the administration were Paul Weiss, Skadden and Latham & Watkins. Want all of The Times? Subscribe.


Fast Company
13-06-2025
- Business
- Fast Company
Law firms have a new way to attract clients and talent: Stand up to Trump
Branded is a weekly column devoted to the intersection of marketing, business, design, and culture. Elite law firms like Paul Weiss and Jenner & Block may not advertise in traditional ways, or for a mainstream audience. But they and a handful of other prominent white-shoe firms are in the middle of an unprecedented brand test right now. At issue is how best to respond to pressure from the Trump administration and how that response affects their reputation. That has turned into a branding moment for these firms—whether they like it or not. The full verdict isn't in yet. But those who have chosen to fight executive orders designed to punish firms that President Trump apparently dislikes seem to be faring better, scoring early legal victories and burnishing an image of bravely standing up for principle. Or maybe it's more accurate to say that those who have cut deals with the administration (promising a collective $940 million in pro bono work) are, reputationally and perhaps substantively, faring worse: losing partners, angering some clients, and even being labeled ' The Yellow-Bellied Nine ' by critical peers. The test began back in March, when Trump signed a series of executive orders restricting security clearances for lawyers and employees of various firms that had represented his perceived enemies or political opponents—a move that would severely cut into their business. The prominent firm Perkins Coie, which among other things had represented Hillary Clinton's 2016 campaign, responded by suing the administration. The order was swiftly blocked by a judge who called it ' chilling.' Other targeted firms, including Jenner & Block, WilmerHale, and Susman Godfrey, have won similar blocks. Paul Weiss, one of the most storied and powerful law firms in the world, was among the first to take a different path: In exchange for the administration agreeing to lift an executive order targeting the firm, it agreed to perform $40 million in unpaid legal work for mutually agreed-upon causes and matters. The deal startled (and was immediately criticized by) many legal observers. (In a firm-wide memo, its executive chairman defended the settlement: 'The resolution we reached with the Administration will have no effect on our work and our shared culture and values.') Lately, Paul Weiss has made headlines for losing several high-profile attorneys, including the cochair of its litigation group, who left with three other partners to form their own firm, and a former U.S. attorney who went to Jenner & Block, which has sued the administration. Eight more major firms—including Skadden, Kirkland & Ellis, Simpson Thacher, and Latham & Watkins—cut similar deals. Many others have remained above the fray, declining, for example, to join an amicus brief in support of Perkins Coie or others fighting the administration in court. Law firms are often paid to help mitigate risk, but in this case some may have underestimated the risk of brand damage. In the latest sign of tangible reputational fallout, The Wall Street Journal recently reported that 'at least 11' major companies, including Oracle and Morgan Stanley, are withdrawing business from firms that cut deals to get executive orders lifted or that are otherwise supporting the government in what some view as an effort to warp the legal system. As one client cited by The Journal put it: We prefer to work with law firms willing to fight. More broadly, the divergent response to the executive orders continues to draw scrutiny and controversy within the profession, with the potential to affect both recruiting and retention. Above the Law, a snarky but serious online publication popular with younger lawyers, coined the 'Yellow-Bellied Nine' moniker, and has introduced a ' Spine Index ' that rates major firms' responses to the executive orders (and notes, in addition, those that have scrapped DEI efforts). A survey of its readers found that a vast majority supported firms fighting the orders, and felt that 'law firms who make agreements with the administration are giving in to extortion, which sends a bad message to the entire profession.' Still, while the firms fighting back have been winning new clients and winning in the courts (so far), it's hard to gauge how that will ultimately affect their business: Clients who would rather steer clear of potential trouble with Trump aren't likely to be very public about distancing themselves from the conflict. Meanwhile, as Above the Law has noted, neither the administration nor the firms that agreed to deals involving pro bono promises have offered up much detail or any sense of timing about those commitments. For Trump, that may be a matter of biding time; for the firms, it may be in hopes that the matter will fade from the court of public opinion.


Bloomberg
06-06-2025
- Business
- Bloomberg
Paul Weiss Loses Ex-US Attorney Damian Williams After Trump Deal
A former federal prosecutor who joined Paul Weiss in the month leading up to President Trump's second term left for Jenner & Block. New York-based partner Damian Williams will co-chair Jenner's litigation department and investigations, compliance and defense practice, according to the firm's announcement on Friday. He leaves a firm that struck a controversial deal with the Trump administration to avoid punitive sanctions to a firm that sued Trump to block a similar attack.


Reuters
06-06-2025
- Business
- Reuters
Former Manhattan US attorney Williams leaves law firm Paul Weiss
June 6 (Reuters) - Former Manhattan U.S. Attorney Damian Williams has left Paul Weiss, the law firm he joined in January, becoming the latest partner to depart the Wall Street firm since it struck a deal with U.S. President Donald Trump in March to rescind an executive order against it. Williams is joining Chicago-based Jenner & Block, the firm said on Friday. Jenner sued the Trump administration to block a similar Trump order and won a ruling last month permanently blocking it. Jenner's announcement did not mention its fight against the Trump administration or the Paul Weiss deal. Paul Weiss did not immediately respond to a request for comment. Williams was not immediately available for comment. In a statement, he said Jenner 'fearlessly advocates for its clients and provides outstanding strategic counsel through their most difficult challenges.' Jenner said Williams, an appointee of former Democratic President Joe Biden who led the U.S. attorney's office for the Southern District of New York from 2021 to 2024, will co-chair the firm's litigation department and investigations practice. Jenner was one of four law firms that sued the White House challenging an executive order that sought to strip government contracts from the firms' clients and to bar attorneys at the firms from entering federal buildings. Paul Weiss instead agreed in March to devote $40 million in free legal services to causes approved by the administration in order to escape the order against it. The firm's chairman Brad Karp has defended the agreement, saying it was necessary to protect the firm and did not compromise its principles. Eight other prominent firms later reached similar deals with the White House. Five partners, including Karen Dunn, left Paul Weiss last month to form a new firm. They did not cite the agreement with Trump in their announcement.

Washington Post
06-06-2025
- Business
- Washington Post
Former U.S. attorney Damian Williams leaves Paul Weiss for Jenner & Block
Damian Williams, the former top federal prosecutor in Manhattan, is leaving the law firm Paul Weiss to join Jenner & Block, defecting from a firm that struck a deal with the Trump administration to sign on with one that fought it in court. Williams is the highest-profile attorney to join the exodus from firms that made deals with President Donald Trump this year. Trump has roiled the legal profession by targeting some high-profile law firms with punishing executive orders. Some firms sued to challenge his actions. Others instead made deals to avoid similar sanctions, outraging many lawyers within those businesses and across the legal profession.