Two law firms targeted by US president Donald Trump have successfully fought back through the courts. Jenner & Block and WilmerHale – both subject to executive orders denying them access to federal buildings and contracts – were granted temporary blocks to the orders.
Their action comes amid confirmation that a firm yet to be subject to any order, international firm Skadden Arps, has made a deal with Trump to pledge $100m in pro bono work for mutually agreed projects benefiting veterans and other groups.
Jenner & Block last week filed a lawsuit to stop what it called the ‘unconstitutional’ executive order, saying it was prepared to fight in defiance of unlawful government action. It added: ‘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.’
District Judge John Bates, in Washington DC, granted the firm’s request to block the directive restricting access to government buildings, calling Trump’s order ‘disturbing’ for targeting the firm for its representation of transgender individuals and immigrants.
Wilmerhale said the government’s attempt to curb its activity was a ‘plainly unlawful attack on the bedrock principles of our nation’s legal system’.
In a separate ruling to the Jenner & Block case, Washington District Judge Richard Leon said: ‘The injuries to plaintiff here would be severe and would spill over to its clients and the justice system at large. The public interest demands protecting against harms of this magnitude.’
Three firms subject to executive orders have now responded with court action, while another (Paul, Weiss) agreed a pro bono funding package in return for Trump dropping the action. A fifth - Covington - has yet to respond.
Trump said at a White House event on Friday that Skadden Arps had dedicated the $100m and committed to what the president called merit-based hiring and retention of employees.
Skadden executive partner Jeremy London said in a statement: ‘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.’
Bar associations across the US and the rest of the world continue to condemn, either directly or indirectly, the actions of the Trump administration.
International Bar Association president Jaime Carey issued a statement stressing that the organisation remains committed to promoting diversity and inclusion in law.
Domenick Napoletano, president of the New York State Bar Association, said the White House was effectively engaged in an assault on the legal profession. 'Under our legal system, only a court of law can determine whether a lawsuit lacks merit, is frivolous, or sanctionable,’ he said. ‘President Trump’s threat to retaliate and seek sanctions against any lawyer or law firm who files a lawsuit against the US government undermines our legal system.’
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