Dem
47
GOP
53
It would seem that if you're a white-shoe law firm, and you're going to demonstrate how yellow you really are, you'll save some green if you are first in line to kowtow to Donald Trump. We write that because the first firm to cry "uncle" was Paul, Weiss, which "paid" for its crimes by giving the Trump administration $40 million in pro bono legal work. Then, Skadden Arps yielded, but the price for them was $100 million in pro bono work. Yesterday, Willkie Farr became the third mega-firm to wave the white flag. They also had to cough up $100 million in pro bono work, while also agreeing to end any DEI programs.
Trump took to his flaccid social media platform to do some crowing about his victory. That included this statement about the DEI programs:
Willkie affirms its commitment to Merit-Based Hiring, Promotion, and Retention. Accordingly, the Firm will not engage in illegal DEI discrimination and preferences. Willkie affirms that it is Willkie's policy to give Fair and Equal consideration to Job Candidates, irrespective of their political beliefs, including Candidates who have served in the Trump Administration, and any other Republican or Democrat Administration. Willkie will engage independent outside counsel to advise the Firm in confirming that employment practices are fully compliant with Law, including, but not limited to, anti-discrimination Laws.
We were not aware that DEI is "illegal." We must have missed that story. Meanwhile, it takes real sand to talk about how a law firm should not discriminate against people based on their past history, since Trump's wars against these various firms are entirely because he does not approve of their past history. In the case of Willkie Farr, he is particularly displeased that they had the temerity to employ Doug Emhoff. After all, they should have known 20 years ago that he would be the spouse of Trump's presidential opponent, and that is very, very wrong.
It is possible that these firms are playing the long game, and that they will sue for relief once Trump is not in a position to punish them (say, in summer of 2028). However, we do not think that is likely. The institutional culture at these places is strongly anti-boat-rocking and, to paraphrase Michael Jordan, Republicans hire lawyers, too. So, if Trump really does back off, the firms will do some amount of pro bono work (maybe not eight or nine figures' worth) and hope this all blows over.
That said, if the President maintains this anti-big law campaign, then the calculus eventually changes, and defending themselves eventually becomes the better business move for the firms. So, we would guess that the real question here is whether or not Trump decides he's happy to have racked up several big wins, and to have made a bunch of high-powered lawyers eat dirt, or if he decides to go back to the well again, once he's bored with cryptocurrency and tariffs and Greenland. (Z)