Large law firms that had previously reached deals with the Trump administration are once again facing legal challenges, with the Justice Department issuing subpoenas to 14 law firms. This includes nine firms that made "capitulation deals" with the administration, pledging over $940 million in pro bono legal services, and four firms that successfully fought executive orders in court. The subpoenas, issued on July 14, 2026, seek communications between the firms and the White House, particularly focusing on President Trump's personal lawyer, Boris Epshteyn, who reportedly brokered some of the original deals. The Justice Department is also seeking to depose the leaders of these firms.
These subpoenas are related to a lawsuit filed by the American Bar Association (ABA) against the Trump administration, which alleges that the administration used executive orders and threats to intimidate law firms over their constitutionally protected activities and diversity policies. The ABA, represented by Susman Godfrey, is also trying to compel Epshteyn to respond to a subpoena in its case. The DOJ's action comes shortly before the confirmation hearing for Todd Blanche, the acting U.S. attorney general and a former Cadwalader partner, who is seeking confirmation as U.S. attorney general.
The original deals, struck in spring 2025, were largely opaque, with questions raised at the time about their enforceability and whether they were even formally written down. Firms like Paul, Weiss, Rifkind, Wharton & Garrison, Skadden, Arps, Slate, Meagher & Flom, and Kirkland & Ellis were among those that made these agreements to avoid punitive government actions. Legal ethics experts are split on whether the new subpoenas constitute a breach of these earlier deals, with some suggesting it is another tactic by the administration to pressure firms to influence the ABA to drop its lawsuit. The situation reopens earlier criticisms about the firms' deal-making and their failure to account for counterparty risk.
