Second 'Big Law' Firm Hoists the White Flag and Makes Peace With Trump

The mega law firm Skadden, Arps, Slate, Meagher & Flom LLP

 has made peace with President Trump before it was targeted by an executive order.

“Over the past few days, we learned that the Trump Administration intended to issue an executive order directed at Skadden,” London wrote. “We believed it would focus on DEI initiatives and our pro bono activities.”

“With that in mind, we chose to engage proactively and constructively with the Administration to align on a productive path forward without the issuance of an executive order,” he wrote. “We entered into the agreement the President announced today because, when faced with the alternatives, it became clear that it was the best path to protect our clients, our people and our Firm.”

“Not everyone will agree with the decision we made today, and I have great respect for the different views that make us stronger as a Firm,” he wrote. “But I firmly believe that an agreement centered around our pro bono work and complying with the law was an acceptable outcome to ensure Skadden will continue to thrive long into the future. This agreement does not change who we are.”

In a post on Truth Social, President Trump revealed the terms of the agreement.

Today, President Donald J. Trump and Skadden, Arps, Slate, Meagher & Flom LLP announce the following agreement regarding a series of actions to be taken by Skadden:

1. Skadden will provide a total of at least $100 Million Dollars in pro bono Legal Services, during the Trump Administration and beyond, to causes that the President and Skadden both support, in relation to the following areas: Assisting Veterans and other Public Servants, including members of the Military, Law Enforcement, First Responders, and Federal, State, and Local Government Officials; ensuring fairness in our Justice System; and combatting Antisemitism. Skadden will change its pro bono policy so that all pro bono moving forward will be done in the Firm name. A pro bono Committee will be constituted to ensure that pro bono matters are consistent with the objectives of the program, and that pro bono activities represent the full political spectrum.

2. The Skadden Foundation will commit to the mission of providing pro bono Legal Services to a wide variety of deserving organizations and individuals. Skadden is committed to funding no fewer than five Skadden Fellows each year dedicated to the following projects: Assisting Veterans; ensuring fairness in our Justice System; combatting Antisemitism, and other similar types of projects. Law Graduates that receive Skadden Fellowships will represent a wide range of political views, including conservative ideals.

3. Skadden affirms its commitment to merit-based hiring, promotion, and retention. Accordingly, the Firm will not engage in illegal DEI discrimination and preferences. Skadden will engage independent outside counsel to advise the Firm to ensure employment practices are fully compliant with Law, including, but not limited to, anti-discrimination Laws.

4. Skadden will not deny representation to clients, such as members of politically disenfranchised groups, who have not historically received legal representation from major National Law Firms, including in pro bono matters, and in support of non-profits, because of the personal political views of individual lawyers.

Statement From the White House: “Skadden, Arps, Slate, Meagher & Flom LLP approached President Trump and his Administration, and declared the Firm’s strong commitment to ending the Weaponization of the Justice System and the Legal Profession. The President will never stop fighting to deliver on his promises of eradicating partisan Lawfare in America, and restoring Liberty & Justice for ALL.”

Statement From Skadden Executive Partner, Jeremy London: “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.”

This is very similar to the agreement negotiated by the Paul Weiss law firm to get Trump to rescind the executive order targeting its business; 'Big Law' Firm Admits Wrongdoing, Abandons DEI, and Pays Reparations to Meet Trump's Demands – RedState.

President Trump has used his executive order titled Ending The Weaponization Of The Federal Government to punish several Big Law firms associated with various prosecutions of Trump or with the Russia Hoax. At the same time, he targeted Paul Weiss, he also called out Perkins Coie; see Trump's Executive Order Barring Two Democrat Law Firms From Federal Business Rattles 'Big Law' – RedState. Last week, he added WilmerHale and Jenner & Block to his "naughty" list.

Perkins Coie, WilmerHale, and Jenner & Block have all sued and obtained partial temporary restraining orders. I would submit they have just achieved counterproductive and ephemeral victories for the sake of the Resistance. The bottom line is that law is a business, and businesses require clients. No matter what any court rules, Trump has the power to set the rules around granting security clearances and access to classified information. Some of the targeted law firms seem to have had on-site sensitive compartmented information facilities, which would have required federal staff to manage them. Federal agencies can legitimately refuse to contract with any of these firms for services because they are neither cheap nor uniquely qualified to do any work. Companies with business before the federal government might rightfully assume that being represented by a proscribed law firm is not a great tactical move. They might also assume that hiring a law firm currently battling the administration in court might cause them more problems than it is worth.

When Paul Weiss folded like a cheap suit, its chairman Brad Karp emailed the law firm. In it, he spelled out why Paul Weiss, and now Skadden Arps, settled and why the firms engaged in performative legal challenges will also settle.

We were hopeful that the legal industry would rally to our side, even though it had not done so in response to executive orders targeting other firms. We had tried to persuade other firms to come out in public support of Covington and Perkins Coie. And we waited for firms to support us in the wake of the President’s executive order targeting Paul, Weiss. Disappointingly, far from support, we learned that certain other firms were seeking to exploit our vulnerabilities by aggressively soliciting our clients and recruiting our attorneys.

We initially prepared to challenge the executive order in court, and a team of Paul, Weiss attorneys prepared a lawsuit in the finest traditions of the firm. But it became clear that, even if we were successful in initially enjoining the executive order in litigation, it would not solve the fundamental problem, which was that clients perceived our firm as being persona non grata with the Administration. We could prevent the executive order from taking effect, but we couldn’t erase it. Clients had told us that they were not going to be able to stay with us, even though they wanted to. It was very likely that our firm would not be able to survive a protracted dispute with the Administration.

At least for the next four years, these huge law firms will not be the focal point for lawfare against the administration and people associated with President Trump.