Significant challenges are emerging in the Biglaw sector as the considerable influence of the executive branch is imposing substantial pressures on legal firms. High-profile companies such as Covington and Perkins Coie are currently engaged in a critical struggle against the Trump administration, while Paul Weiss has made notable compromises to regain favor with Donald Trump. This ongoing battle is intensifying as Trump has recently enacted an Executive Order titled “Preventing Abuses of the Legal System and the Federal Court,” which poses a serious threat of Rule 11 sanctions against attorneys who challenge the federal government in court.
The Department of Justice has already initiated a review process targeting law firms for their alleged “inappropriate activity” and the use of weaponized lawfare. Although the bar for Rule 11 sanctions is notably high, the criteria for becoming a target of the administration’s potential unconstitutional, yet damaging actions, is distressingly low. This precarious environment raises grave concerns for legal professionals who uphold the principles of justice and fairness.
While the threat against firms opposing the administration is alarming, the scope of potential targets is alarmingly broad. Recently, the influential figure and so-called shadow president, Elon Musk, delivered a pointed warning directed at Skadden Arps, highlighting the precarious position of even the largest firms in the industry.
The term “2000 Mules” mentioned by Dinesh D’Souza refers to his film and book that have been widely criticized and debunked for promoting conspiracy theories regarding the 2020 election, which subsequently ignited a wave of litigation. This situation underscores the fragility of the legal landscape in the face of politically motivated narratives.
However, do not anticipate any heroic interventions from Skadden. The firm recently drew attention when an associate took the initiative to rally support among associates nationwide, urging them to sign an open letter demanding a robust response from Biglaw regarding the ongoing assaults on the rule of law. Unfortunately, the response to this call to action was dishearteningly silent. In the wake of escalating pressures from the administration, the associate, Rachel Cohen, made the bold decision to resign from Skadden, citing the firm’s inadequate response to Trump’s retaliatory measures against the legal system.
This situation illustrates a troubling trend where the right aims to thwart any legal recourse against their agenda. They actively seek to bankrupt law firms and impeach judges who resist aligning with far-right policy objectives. The very foundation of law and order is at stake, and the number of individuals willing to defend these principles is alarmingly diminishing.
Kathryn Rubino is a Senior Editor at Above the Law, the host of The Jabot podcast, and co-host of Thinking Like A Lawyer. The insights from AtL tipsters are invaluable, so please feel free to connect with her. You can share tips, questions, or comments via email and follow her on Twitter @Kathryn1 or on Mastodon @Kathryn1@mastodon.social.
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