Government Actions Against Law Firms - Status as of April 14, 2025

Written By Stephen Lee

There’s a lot going on in terms of the public governmental actions involving law firms, so here’s a summary as of April 14 to help keep track.

  • The White House has issued broad executive orders targeting six Big Law firms, alleging misconduct, discriminatory practices, and misuse of firms’ pro bono practices. 

    • Four of the six firms have filed lawsuits challenging parts of the executive orders in D.C. District Court.  Three judges so far have issued temporary restraining orders that stayed parts of the EOs issued against Perkins Coie, Jenner & Block, WilmerHale.  Susman Godfrey filed its lawsuit on April 11 and did not request a TRO that day.

    • Of the two firms that have not filed lawsuits:

      • one (Paul Weiss) reached an agreement with the White House. 

      • The other (Covington & Burling) was the subject of a limited executive order and has not filed a lawsuit or reached an agreement with the White House.

    • Multiple amicus briefs have been filed in support of Perkins Coie, Jenner & Block, and WilmerHale, including a group of 507 firms that joined an April 4 amicus brief led by Munger Tolles & Olsen and Eimer Stahl and a larger group of 808 firms that joined similar amicus briefs filed on April 11 (note: my practice was one of many solo practices that joined the briefs).

    • The executive orders do not allege specific crimes by the firms, but cite conduct relating to investigations of President Trump, the January 6, 2021 Capitol incident, work on elections, abuses of firms’ pro bono practices, and discriminatory hiring practices.  Some executive orders specifically mention the hiring of people who had investigated President Trump.

  • Eight big firms have reached agreements with the White House to avoid sanctions.  Skadden, Milbank, Willkie Farr, Kirkland & Ellis, Latham & Watkins, Simpson Thacher & Bartlett, A&O Shearman Sterling, and Cadwalader, Wickersham & Taft reportedly reached agreements with the White House without being sanctioned in an executive order.  

  • The Equal Employment Opportunities Commission’s Acting Chair sent letters on March 17 to 20 law firms requesting information about their DEI-related employment practices.  On April 11, the EEOC announced settlements with four firms - Kirkland & Ellis, Latham & Watkins, Simpson Thacher & Bartlett, and A&O Shearman Sterling.

  • Overall, many of the biggest firms in the country have not taken public positions regarding the executive orders.  Arnold & Porter, Crowell & Moring, Davis Wright Tremaine, and Fenwick & West have joined the amicus briefs, even without being targeted in an executive order.  Two big firms are representing the firms in two other lawsuits - Cooley is representing Jenner, and Williams & Connolly is representing Perkins and joined the amicus briefs.  (see the image for more)

  • The White House also issued a memorandum on March 22 directing the Attorney General to seek sanctions against attorneys who engage in “frivolous, unreasonable, and vexatious litigation” against the United States. The memo also accused the Elias Law Group's founder of misconduct, based on his prior work at Perkins Coie.

Sources and links:

Stephen Lee

Stephen is a lawyer in Chicago who focuses on health care fraud. He previously was a federal prosecutor and a newspaper reporter.

https://www.stephenleelaw.com
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