Freshfields breaks ranks to back Trump legal challenge

Freshfields has given its support to a legal challenge against Donald Trump’s executive orders against Big Law, joining over 500 firms signing an amicus brief (a court submission) in support of Perkins Coie.

The move is the first major coordinated pushback from the industry against Trump’s growing use of executive power to punish law firms he views as politically hostile - although hardly any of Big Law’s major names have put their name to it.

Perkins Coie has a copy of the filing available on its website here.

The executive order was issued on 6 March and bans Perkins Coie lawyers from government buildings, strips their security clearances and requires government contractors to disclose if they work with the firm.

Freshfields’ signature - from its US arm at least - stands out as the only member of the global legal elite to break ranks and take a public stand.

The firm is now widely considered to be among the top players in the US market. Around 20% of its £2.1 billion global revenues last year came from the US.

By the numbers

504 law firms signed the brief.

Just eight of the top 100 firms in the US by revenue are on the list.

None of the top 25 firms by revenue signed on, according to Bloomberg Law analysis.

Bigger picture

Trump’s executive orders have triggered widespread concern about the politicisation of the legal system in the US.

Perkins Coie was among the first firms to be targeted in an executive order.

A federal judge has since temporarily blocked parts of the order on constitutional grounds. The amicus brief was filed in a Washington court on Friday (4 April) and relates to the firm’s lawsuit against the government.

Some firms - including Skadden, Milbank and Paul Weiss - have chosen to strike deals with the Trump government to swerve executive orders, pledging millions of dollars in pro bono advice and making commitments to "merit-based" hiring practices, among other agreements.