Earlier today, we learned that Biglaw firm Willkie Farr was preparing to be the next Biglaw firm targeted by Donald Trump’s likely unconstitutional Executive Orders. But they weren’t tapping litigators to draft a slam-dunk complaint against the administration. Turns out they were busy groveling to the administration.
According to social media posts from Donald Trump, Willkie has committed $100 million in pro bono services to causes aligned with “conservative ideals.” Similar to these other deals with the devil by other Biglaw firms (Paul Weiss and Skadden), the firm has disavowed their DEI initiatives. In exchange, the firm will avoid one of the increasingly common Executive Orders targeting Biglaw, and the tremendous harm that can bring.
The firm reportedly earned Trump’s ire for hiring the former Second Gentleman Doug Emhoff and two former investigators for the congressional committee on the January 6th attack. The firm is also known for representing clients in opposition to far-right allies, notably Georgia poll workers, Ruby Freeman and Shaye Moss, who took down Rudy Giuliani.
According to social media posts, some partners at the firm were caught unaware by the firm’s capitulation.
If this surrender to Trump is received at Willkie similarly to how attorneys at Skadden and Paul Weiss took the news, there’s a lot of anger boiling at the firm. And if partners weren’t consulted in the decision? Well, there may be some high-profile resignations from the firm.
This is the text of the email sent firmwide in the wake of the settlement with Trump.
Dear All Colleagues,
We learned that the President intended to issue an Executive Order targeting Willkie similar to the orders issued against multiple firms in the past weeks, threatening to imperil our clients’ rights and those of our Firm.
We were invited to contact the Administration on Sunday, and they outlined a proposed alternative to receiving an Executive Order. After determining that the three principles on which an agreement would be based are consistent with our Firm’s longstanding practices, we engaged in discussions to see if an acceptable resolution could be reached.
While the agreement ultimately reached with the Administration focuses on activities that are already in place at our Firm, similar agreements at peer firms have been publicly criticized, and there is heightened conversation across our industry as law firms grapple with the consequences of potential Executive Orders and the impact for their clients, their employees and their businesses. In making this difficult decision, we concluded, after due consideration of the implications of each possible course of action, that accepting the Administration’s final proposal was the path that best serves our clients’ needs and protects the Firm’s various stakeholders, avoiding potentially grave consequences.
As mentioned above, the agreement has three principles. First, we will continue to follow the law related to our employment practices. Second, we will continue to represent clients on both sides of the aisle and with a wide range of ideological views. Third, we will continue to represent underrepresented individuals and groups that are not only important to the Administration, but to Willkie—this includes veterans, Gold Star families and victims of religious discrimination. These are all longstanding practices at Willkie, so the agreement does not require us to change course.
We know this news is not welcomed by some of you and you would have urged a different course of action. Needless to say, this was an incredibly difficult decision for Firm leadership.
If you receive questions from clients, please direct them to the appropriate relationship partner. Should you receive an inquiry from the media or another third party, please do not respond and send the information to [the firm’s chief marketing officer].
Thank you for your continued hard work and dedication to the Firm and our clients.
The Executive Committee
Willkie 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].