Labor & Employment Law Daily Wrap Up, WHITE HOUSE NEWS—Trump’s battle against law firms continues, (Apr 10, 2025)
Organizations Mentioned:Jenner & Block, LLP | Perkins Coie, LLP | Susman Godfrey, LLP | Wilmer Hale, LLP
By Brandi O. Brown, J.D.
The latest target of an executive order is Susman Godfrey, which secured a $787.5M settlement against Fox News on behalf of a client in 2023.
Yesterday, President Trump issued another executive order targeting a law firm and requiring security clearance review and termination of contracts. Susman Godfrey, the EO alleges, “spearheads efforts to weaponize the American legal system and degrade the quality of American elections,” “funds groups that engage in dangerous efforts to undermine the effectiveness of the United States military through the injection of political and radical ideology,” “supports efforts to discriminate on the basis of race,” and also “itself engages in unlawful discrimination.”
Representation of voting system provider. Notably, Susman Godfrey represented Dominion Voting Systems in its defamation lawsuit against Fox News based on Fox commentators claims that Dominion’s voting machines were part of a conspiracy in the 2020 election to steal votes from Trump. That lawsuit was settled in 2023, with Fox News agreeing to pay $787.5 million.
Susman Godfrey issued a statement in response to the executive order: “Anyone who knows Susman Godfrey knows we believe in the rule of law, and we take seriously our duty to uphold it. This principle guides us now. There is no question that we will fight this unconstitutional order.”
Similar previous orders. Previous executive orders of this nature are being challenged in the courts, including lawsuits by Jenner & Block, WilmerHale, and Perkins Coie. The courts in each of those cases have entered temporary restraining orders enjoining implementation of certain sections of the orders (see TROs in Perkins Coie, Jenner & Block, and WilmerHale).
Bondi’s memo in Jenner & Block. These actions by the courts are being met with complaints of overreach by the Trump administration, such as what is seen in this memo sent by Attorney General Pam Bondi and OMB Director Russell Vought as required by an order of the court in the Jenner & Block case. The memo, filed with the court on Tuesday, states, among other things, that:
“On March 28, 2025, an unelected district court yet again invaded the policy-making and free speech prerogatives of the executive branch, including by requiring the Attorney General and the OMB Director to pen a letter to the head of every executive department and agency. Local district judges lack this authority, and the Supreme Court should swiftly constrain these judges’ blatant overstepping of the judicial power.”
However, that memo also includes indications that the administration may be willing to test the court’s authority, stating, “Of course, as noted in the court order, agencies are permitted to carry on their ordinary course of business which carries with it the authority to decide with whom to work” and that, “As it remains the Executive Branch’s position that Executive Order 14246 was necessary policy the government reserves the right to take all necessary and legal actions regarding “lawfare,” national security concerns, and discriminatory practices involving Jenner & Block.”
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