Milbank strikes Trump deal as Big Law divide deepens

Milbank has become the fourth major US law firm to strike a deal with the Trump government, committing $100 million in pro bono advice and agreeing to shift hiring practices in line with White House expectations on diversity and inclusion.

Trump announced the agreement late on Wednesday (2 April) on his Truth Social account.

The move follows similar deals cut by Skadden, Paul Weiss and - earlier this week - Willkie Farr, aimed at heading off executive orders issued by Trump targeting firms he sees as politically unfriendly.

In a firm-wide email seen by Above the Law, Milbank chair Scott Edelman told staff the terms "do not entail any significant changes" to the firm’s current practices and reflect values the firm already holds.

Edelman described the agreement as a pragmatic move to avoid "unnecessary confrontation" with the government and preserve client relationships.

Why it matters

The deal highlights a growing divide in Big Law over how to handle Trump’s legal offensive against major firms.

Some, like Milbank, are cutting deals to avoid disruption to government-facing (and other) work. Others, including Perkins Coie and Jenner & Block, are pushing back through the courts, arguing Trump’s executive orders are unconstitutional.

Bigger picture  

Trump has issued executive orders targeting five law firms so far - including Perkins Coie, Paul Weiss and Covington & Burling - designed to restrict their access to government contract work and make corporate clients think twice about continuing to work with them.

Some are pushing back.

Perkins Coie filed a court application in Washington on Wednesday seeking to permanently block the executive order against it on constitutional grounds, arguing it poses a threat to the rule of law.

Judges have already temporarily blocked parts of Trump’s orders against Jenner & Block and WilmerHale, citing likely constitutional breaches.