Skadden Kowtows Before The Emperor

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AS TRAUMATIC AS THE PAUL WEISS DEAL with Donald Trump was for many of us, I find the deal that Skadden Arps recently cut even more troubling — portending, I fear, the unfathomable depths that Biglaw will sink to curry favor with this administration.

First, it was striking that Skadden chose preemptive capitulation. Unlike Paul Weiss, Skadden had not received one of Trump’s dreaded executive orders when it eagerly waved the white flag. As Trump gloated on Truth Social, the firm came to him in supplication: “Skadden, Arps, Slate, Meagher & Flom LLP approached President Trump and his Administration, and declared the Firm’s strong commitment to ending the Weaponization of the Justice System and the Legal Profession.” (Wait, did Skadden just admit it’s been “weaponizing” the system?)

But what’s getting attention is how much Skadden is forking over for a Trump absolution. While it seemed jaw-dropping just 12 days ago or so that Paul Weiss agreed to put $40 million into Trump’s pet pro bono projects, Skadden is committing a fat $100 million for the same privilege. (Granted, those amounts are practically drops in the bucket for both firms – just 1.52% of Paul Weiss’s revenues and 3% of Skadden’s.) So if your firm is on Trump’s blacklist, you better be ready to pay the going-rate. Otherwise, tough noogies!

And if you parse the terms of the two agreements (as described by Trump here and here), you’ll note that Skadden’s commitments went further:

• Skadden agreed to “a total of at least $100 million in pro bono legal services, during the Trump Administration and beyond,” meaning that hefty $100 million is the floor, not the ceiling. (Paul Weiss’s commitment seems capped at $40 million and limited in duration to Trump’s term.)
• Skadden agreed to “change its pro bono policy so that all pro bono moving forward will be done in the Firm name.” That likely means Skadden will be hampered in providing behind-the-scenes support to organizations that challenge Trump. (There’s no mention of such an arrangement in Paul Weiss’s deal.)
• Skadden agreed to “not deny representation” to “members of politically disenfranchised groups.” That could include some unsavory groups, such as election deniers, the Proud Boys or White Nationalists. (Paul Weiss only agreed to pro bono “that represent the full spectrum of political viewpoints.”)

THESE ARE NOT INSIGNIFICANT GIVES. While Paul Weiss might have set the precedent for Biglaw’s capitulation to Trump, Skadden is taking it to the next level. It’s not just bending the knee but going on all fours and doing a total kowtow.

Were these concessions offered by the firm or demanded by the administration? Skadden executive partner Jeremy London certainly isn’t saying. Nor is he shedding much light on the decision-making process.

Like Paul Weiss chair Brad Karp, London wrote an everything-is-back-to-normal memo to the firm outlining the main points of the deal with the administration. While Karp’s memo was expansive and bumpy, offering a much more detailed (and emotional) glimpse into the decision-making process, London’s message to the troops was succinct and smooth. Perhaps too smooth.

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Vivia Chen writes “The Ex-Careerist” column on Substack where she unleashes her unvarnished views about the intersection of work, life, and politics. A former lawyer, she was an opinion columnist at Bloomberg Law and The American Lawyer. Subscribe to her Substack by clicking here:

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