Intimidation Time
As Trump goes after Big Law firms, it apparently helps to be on his side...
In just the last month, President Trump has issued three Executive Orders directed at three Big Law firms1, specifically: Covington & Burling LLP, Perkins Coie LLP, and Paul Weiss LLP.2 The EOs were classic Trump — full of grievance and bluster. From the Perkins Coie EO we get this beauty:
The dishonest and dangerous activity of the law firm Perkins Coie LLP (“Perkins Coie”) has affected this country for decades. Notably, in 2016 while representing failed Presidential candidate Hillary Clinton, Perkins Coie hired Fusion GPS, which then manufactured a false “dossier” designed to steal an election. This egregious activity is part of a pattern. Perkins Coie has worked with activist donors including George Soros to judicially overturn popular, necessary, and democratically enacted election laws, including those requiring voter identification.
In other words, they were mean to poor Donald.
The Covington EO stripped security clearances from lawyers who had worked with Jack Smith on his two indictments of Trump, and sought to terminate any government contracts with the firm. The EOs even went so far as to threaten firm lawyers from entering certain “federal buildings”, presumably to include federal courthouses!
But the part that got me thinking, was the part about DEI — so called, Diversity, Equity, and Inclusion programs — at Big Law firms. That was called out in the EOs, and then on March 17th, the Equal Employment Opportunity Commission (EEOC) sent a letter to 20 of the most prominent Big Law firms, seeking to probe their DEI practices. The 20 firms are: A & O Shearman, Debevoise & Plimpton LLP, Cooley LLP, Freshfields Bruckhaus Deringer LLP, Goodwin Procter LLP, Hogan Lovells LLP, Kirkland & Ellis LLP, Latham & Watkins LLP, McDermott Will & Emery, Milbank LLP, Morgan, Lewis & Bockius LLP, Morrison & Foerster LLP, Perkins Coie, Reed Smith, Ropes & Gray LLP, Sidley Austin LLP, Simpson Thacher & Bartlett LLP, Skadden, Arps, Slate, Meagher & Flom LLP, White & Case LLP, and WilmerHale.
The letter is quite intrusive, running 10-15 or so pages (it varies by firm), and requesting dozens of specific data sets regarding the firm’s DEI programs (in a searchable Excel spreadsheet), that includes personally identifiable information about program participants, such as: name, sex, race, phone number, email address, law school, law school GPA, and compensation received.
What could possibly go wrong?
Notably absent from the list of firms is my old stomping grounds, O’Melveny & Myers LLP. When I was there (1995-2008), the Firm had a commitment to inclusion policies, so I expected them to be very heavily involved — and thus a likely target.
Lo and behold, “DE&I at O’Melveny” is prominently featured on the home page. Clicking through, you find this proclamation:
The diverse perspectives and experiences that our people bring to their work drive innovation and excellence. We are proud of our achievements, but we are a work in progress. Our profession, our colleagues, our clients, our communities, and their issues keep changing. So must we.
The firm’s DE&I strategy is RISE (Representation | Inclusion | Social Justice | Equity) and we expect every member of our firm to RISE to the challenge of making the promise of DE&I real in every aspect of our firm, including in their interactions with others and through the execution of their role.
Ok, well that sounds great! They highlight lots of lawyers and staff involved in a number of areas intended to implement their strategy. Terrific — there is even someone I knew from their first day at the Firm who is now a partner and the head of the LA office — congrats.
So how is it that they aren’t in Trump’s and the EEOC’s crosshairs?
Perhaps it is because the firm had represented Trump! (I threw up in my mouth a bit, typing those words.) Apparently they represented Trump in litigation arising out of the so-called Trump University, they assisted in “vetting” VP candidates in 2016, they represented Trump’s 2017 inaugural committee when it was being investigated by the U.S. Attorney in New York, and the represented Trump’s commerce secretary, Wilbur Ross, over conflicts of interest allegations.
Lovely.
Not sure what they have done for him lately, but their news page says nothing about responding to the EOs directed at other firms, or the overreaching letters from the EEOC.
Disappointing.
Perhaps they figure to remain in Trump’s good graces, but that seems like a poor bet. If they really want to RISE, perhaps becoming a loud voice in defense — not only of DEI but the rule of law itself — would be a good idea.
While they still can.
In community, forward!
Notes:
Addressing Risks from Perkins Coie LLP (3/6/25)
Addressing Risks from Paul Weiss (3/14/25)
By Big Law, I’m referring to law firms on the American Lawyer list of the largest firms doing business in the U.S.
Paul Weiss has since made this go away, by pledging to provide $40 million in legal services on behalf of causes approved by the Trump Administration. Ducky.
Great piece Jim. Keep taking the time to do this. I'm just getting started. Will put two more pieces up today. We have to keep on keeping on...right? REF