Last night, we learned Skadden Arps would be taking the coward’s way out from under Donald Trump’s ire, with the New York Times reporting the number 5 richest law firm in the nation was seeking a deal with the administration to avoid an Executive Order targeting the firm. Now the terms of the deal have come to light.
Somehow Skadden has negotiated a deal with Trump that might even make Paul Weiss blush. In comparison to the $40 million in pro bono services that PW (the first in Biglaw to crumble in the face of Trump’s anger) committed, Skadden is on the hook for $100 million in pro bono payola. “This was essentially a settlement,” Trump said. “We appreciate Skadden coming to the table… It’s a shame what’s going on, it’s a shame, but we very much appreciate their coming to the table.”
In exchange, Skadden will avoid one of the increasingly common Executive Orders targeting Biglaw, and the tremendous harm that can bring. The deal comes just a few days after Skadden’s pro bono work against right-wing commentator Dinesh D’Souza’s “2000 Mules” (a film and book that contains widely debunked conspiracy theories about the 2020 election) garnered the attention of shadow president Elon Musk.
As part of the “settlement” announcement, Trump also said Skadden won’t deny representation to clients from “politically disenfranchised groups, who have not historically received legal representation from major national law firms,” which will include assisting “members of the military, law enforcement and on and on.”
Skadden also functionally disavowed their DEI efforts and committed to “merit-based hiring, promotion and retention.” And, in a particularly ironic twist, Skadden promised to fund at least five Skadden fellows as part of the deal. I’m pretty sure the people who historically want those competitive Skadden fellowships are bound to be pretty disappointed with the firm’s craven acquiescence to Trump.
Skadden’s executive partner Jeremy London sent the following email firmwide sharing the terms of the firm’s capitulation:
Colleagues –
Over the past few days, we learned that the Trump Administration intended to issue an executive order directed at Skadden. We believed it would focus on DEI initiatives and our pro bono activities. When faced with this information, we carefully considered what the right path would be for us, and the answer was not obvious. We were thoughtful and deliberate in determining the steps we might take, knowing that the decisions we were grappling with would have fundamental consequences for our Firm. As we considered our options, we were guided by our determination to uphold the significant commitments and responsibilities we have to our clients, our people, and to the broader communities and society we serve.
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. 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.
This agreement provides that we will:
• Provide a total of at least $100 million 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.
• Change our pro bono policy so that all pro bono moving forward will be done in the Firm name and ensure that pro bono activities represent the full political spectrum.
• Continue The Skadden Foundation’s mission of providing pro bono legal services to a wide variety of deserving organizations and individuals. Skadden will fund 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.
• Affirm our commitment to merit-based hiring, promotion, and retention and we will not engage in illegal DEI discrimination and preferences. We 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.
• Not deny representation to clients, such as 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. However, this commitment does not obligate any one of our attorneys to take on any specific representation.
Not everyone will agree with the decision we made today, and I have great respect for the differing views that make us stronger as a Firm. 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.
Skadden is a remarkable institution. We have 21 offices around the world, and our impact reaches communities in every corner of the globe. Every year we provide thousands of hours and hundreds of millions of dollars in pro bono assistance and charitable contributions to worthy causes. Through the Skadden Foundation, we have funded over 1,000 fellowships to recent law graduates to pursue the practice of public interest law on a full-time basis. And we have more than 3,500 extraordinary people who rely on the Firm for their livelihood. As executive partner, it is my duty to protect our storied Firm so that we can continue to fulfill our commitments to our people, our clients and our communities, now and into the future.
I fully appreciate that this development and other recent events have been extraordinarily difficult for all of us, both personally and professionally. I understand the significant weight that carries. Despite all the uncertainty in our profession over the last several weeks, you have continued to serve our clients with excellence and support one another in the very human way that defines our culture, and for that I am very grateful. I want to thank you for everything that you do – your continued commitment to our clients and each other is at the heart of who we are as a Firm. With this resolution, I am confident that we will go forward with resilience, strength, and integrity.
With gratitude,
Jeremy
Despite the “nothing is fucked here, dude” spin London attempts in the email, the dangerous precedent the deal sets — not just for the firm, but the industry, is clear. Skadden attorneys and other employees, how do you feel about the firm’s decision? Feel free to sound off by email, by text message (646-820-8477), or by tweet (@ATLblog). An insightful response — we’ll keep you anonymous — could find its way into an update to this story.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].