Trump administration drops bid to enforce Big Law executive orders

The US government has ended its attempts to enforce Donald Trump’s executive orders targeting several major law firms.

On Monday, the Justice Department withdrew its appeals of lower court rulings that had found the orders unconstitutional. The cases relate to challenges brought by Jenner & Block, Perkins Coie, WilmerHale and Susman Godfrey - the four firms that opted to challenge the measures rather than agree deals.

A constitutional showdown

The executive orders were issued last spring and sent shockwaves through Big Law. Among other measures, they sought to ban lawyers from government buildings, revoke security clearances and require government contractors to disclose ties to the named firms.

Some of the biggest global firms - including Paul Weiss, A&O Shearman, Kirkland & Ellis, Simpson Thacher, Milbank and Latham & Watkins - reached agreements with the Trump administration, pledging hundreds of millions of dollars in pro bono work in exchange for relief.

Others chose to challenge the orders and, in May last year, a federal judge held that the executive order targeting Perkins Coie was unconstitutional, blocking the government from enforcing it. Similar rulings followed in related cases.

In a statement on Monday, Perkins Coie said: “Today, the government voluntarily dismissed its defense of the unlawful Executive Order targeting Perkins Coie.

The end of the appeal means the district court’s decision stands as a final order, protecting core constitutional freedoms such as free speech, due process, and the right to select counsel without fear of retribution.

We are grateful to everyone who supported our firm over the past year since the EO was issued, including our clients, our lawyers and business professionals, and all who stand for the rule of law.”

Vindication and awkward questions

Abandoning the appeals represents a significant U-turn by the US government. It may also prove uncomfortable for the firms that opted to make deals rather than challenge the orders.

The outcome also vindicates Freshfields’ stance. The UK elite firm was the only top-tier global player to put its name to the amicus brief supporting Perkins Coie’s challenge - a move that stood out at a time when most global firms stayed silent.