In a notable legal move, Freshfields US has distinguished itself as the only major law firm within the top 20 to sign a legal brief advocating for Perkins Coie’s challenge against an executive order from former President Donald Trump. This order seeks to restrict Perkins’ ability to engage in federal government work and access certain properties.

The brief, which has been submitted to a federal court in Washington D.C., involved a coalition of over 500 law firms. Yet, a significant majority of these signatories belong to smaller and mid-sized firms specializing mainly in litigation. The reluctance of large corporate law firms to sign the brief stems from concerns over potential backlash from the Trump administration, which primarily affects firms with substantial transactional practices.

Case Developments

Perkins Coie has made headway in its legal battle, securing a restraining order that prevents the enforcement of the executive order while the lawsuit is ongoing. The legal brief submitted seeks to make this injunction permanent, reinforcing Perkins’ position in this contentious matter.

Notably, Munger, Tolles & Olson, a prominent boutique firm based in Los Angeles that crafted the brief, faced challenges in garnering widespread support from larger firms. As of last weekend, none of the top 20 U.S. law firms, ranked by revenue in a report by The American Lawyer, had offered “unconditional support” for the brief. Just three firms from the top 100 had pledged their backing at that time.

Constitutional Concerns

The legal brief argues that the executive order directed at Perkins Coie violates constitutional principles, stating, “any controversial representation challenging actions of the current administration (or even causes it disfavours) now brings with it the risk of devastating retaliation.” It emphasizes that while an administration may enjoy short-term gains from such actions, a climate of fear undermines the rule of law.

Another firm that joined the brief is Fenwick and West, which ranks 67th in The American Lawyer’s U.S. rankings. Known for representing major technology companies, Fenwick has also refrained from commenting on its decision to support Perkins Coie.

Support from Other Firms

A number of legal institutions that have previously faced their own executive orders have joined the cause. Notable signatories include WilmerHale, Covington & Burling, and Jenner & Block, all of which have successfully challenged the Trump administration’s executive orders in court.

In contrast, several Wall Street firms, including Paul Weiss, Skadden, Willkie Farr & Gallagher, and Milbank, have opted for a different strategy. These firms have reportedly settled with the administration and committed over $300 million in legal services aligned with the administration’s agenda.

Reactions from the Legal Community

As major law firms navigate their relationships with the Trump administration, some junior associates and former employees have taken to social media to express their discontent with what they perceive as capitulation. One notable voice, Beth Wilkinson, a former acclaimed litigator at Paul Weiss, reiterated her commitment to defending the rights of individuals and corporations against governmental overreach. “Whether it is difficult or easy, our firm has always stood up for the rights of individuals and corporations, and against over-reach by the government,” she stated, emphasizing the importance of advocacy in the current climate.