Donald Trump’s been wielding his likely unconstitutional Executive Orders aimed at Biglaw firms like a cudgel, using the mere threat of them to get concessions from major firm. Even though the firms that have chosen to fight the good fight against the Trump administration have had slam-dunk victories in court, there’s a growing list of Biglaw firms that prefer to bargain their way into the good graces of Donald Trump. The latest firm to kiss Donald Trump’s ring is Milbank.
Similar to the deals with Skadden and Willkie (the other two firms that inked deals before they could be targeted by Trump), Milbank now owes the Trump administration $100 million in pro bono services. The deal includes a carveout that Milbank “will continue to grow its work with the Milbank Exoneration and Resentencing Review Unit at the Perlmutter Center for Legal Justice at Cardozo Law School.”
Like all the other Trumpian deals, Milbank has also agreed to abandon its DEI efforts. The firm has also stipulated that attorneys’ political views will not impact their client intake “including in pro bono matters, and in support of non-profits.”
Milbank chair Scott Edelman made the following statement on the deal, “After a constructive dialogue with President Trump’s administration, Milbank is pleased that we were so quickly able to find common ground. Our agreement is consistent with Milbank’s core values. We are pleased to affirm a commitment to continue to engage in significant pro bono services in areas that are mutually supported by Milbank and the President. Milbank looks forward to continuing its working relationship with President Trump and his administration.”
According to Trump’s statement on the deal, Milbank “approached” him to put an end to the EO before it even started. And Trump’s statement ended saying, “The President continues to build an unrivaled network of Lawyers, who will put a stop to Partisan Lawfare in America, and restore Liberty and Justice FOR ALL,” signaling the president believes that all the firms that have bent the knee are firmly #teamTrump.
This is how Edelman announced the deal internally, minutes before the news broke.
To the Milbank Community:
As many of you know, in recent weeks, the President has raised a number of issues about the practices of big law firms. In some cases, the President has issued executive orders against particular firms.
And many of you surely read that, on March 17, 2025, the Acting Chair of the EEOC sent letters requesting information about DEI in employment practices to twenty of the country’s largest law firms, including Milbank.
Late last week, we were contacted by representatives of the Trump Administration with questions and concerns about our approach to pro bono and diversity initiatives. The Trump Administration suggested to us that we enter into an agreement similar to one recently agreed to by Skadden. Having reviewed the Skadden agreement, we concluded that it was in the Firm’s best interest to agree with the Administration’s suggestion and enter into our own Skadden-type agreement. We did so for the following reasons:
First, our review of Skadden’s agreement convinced us that the terms agreed to by Skadden were not unreasonable. In reviewing the Skadden agreement, it became apparent that our present practices are consistent with the agreements that the Administration had required of Skadden. We therefore concluded that an agreement would not entail any significant changes to our current practices, and the new commitments are things that we are happy to do anyway.
Second, as a large law firm that does a majority of its work on transactional matters, we are dependent on our ability to navigate client issues in all parts of the Executive Branch. We believed that it was in the best interests of the Firm and its clients to resolve the Trump Administration’s concerns in a way that would foster our working relationship and avoid what could have been an unnecessary confrontation.
Third, the only commitments that we have made to the Government are those that we are happy to make. We are extremely comfortable providing the requested levels of pro bono activities to clients facing challenges that fall within the wide range of the agreed-upon initiatives.
The only commitment that I consider to be “new” is something that we were actively considering anyway, and that is to agree that we would ensure that we have lawyers with diverse political ideologies on our existing pro bono committee to ensure that pro bono matters are both consistent with the objectives of the Firm and represent the full political spectrum. Again, we think this is the right thing to do.
Milbank is a Firm that has always attracted lawyers with a diversity of viewpoints. Two of our partners served in the Executive Branch during the first Trump Administration. We believe that those differences of views and opinions are a strength that makes Milbank a better and more successful institution. This change to our committee will formalize our consideration of those different viewpoints in making decisions about pro bono.
With that background, we made the decision to provide the Administration with the following commitments that the President announced today:
1. Milbank will perform a total of at least $100 million in pro bono legal services during the Trump Administration and beyond on initiatives supported by both the President and Milbank, such as: assisting veterans and other public servants, including members of the military, law enforcement, and first responders; ensuring fairness in our justice system; and combatting antisemitism. In furtherance and as part of these activities, Milbank will continue to grow its work with the Milbank Exoneration and Resentencing Review Unit at the Perlmutter Center for Legal Justice at Cardozo Law School.
2. Our pro bono committee will include partners at the Firm with diverse political ideologies to ensure that pro bono matters are consistent with the objectives of the Firm, and that our pro bono practices represent the full political spectrum, including conservative ideals.
3. Milbank will not deny representation to clients, such as members of politically disenfranchised groups and government officials, employees, and advisors, who have not historically received legal representation from major national law firms, including in pro bono matters, and in support of non-profits, because of the personal political views of individual lawyers. Milbank shall not deny representation to any clients on the basis of the political affiliation of the prospective client or because of the opposition of any government official.
4. Milbank acknowledges and affirms its commitment to merit-based hiring, promotion, and retention. Accordingly, the Firm will not engage in illegal DEI discrimination and preferences. Milbank will continue to give fair and equal consideration to job candidates who have served in both Republican and Democrat Administrations, including the Trump Administration. Milbank will continue to work with independent outside counsel to advise the Firm to ensure employment practices are fully compliant with law, including, but not limited to, anti-discrimination laws.
We are comfortable with all of these provisions. By reaffirming our commitments on a number of these issues, we set a path for the Firm to continue its working relationship with the Executive Branch while at the same time zealously representing our clients.
Our pro bono activities have always represented a broad spectrum of clients and causes.
Of note, in 2024, we proudly announced our new partnership with the Perlmutter Center for Legal Justice at Cardozo Law, championed and sponsored by Laurie and Ike Perlmutter, to combat historical wrongs in the US criminal justice system with a focus on wrongful conviction, excessive sentencing and clemency. We established the Milbank Exoneration and Resentencing Review Unit at the Perlmutter Center, which has enabled the Center to grow its staff and expand its ability to review the high volume of requests it receives. As part of this commitment, we also pledged to provide pro bono legal services as a close partner with the Perlmutter Center at every stage of its work, from screening clients and writing case recommendation memos to litigating cases. The agreement we entered into with the Administration specifies that our work at the Perlmutter Center is one example of work that we are committing to do as part of our overall pro bono commitment.
There is nothing in our agreement that gives the Administration the right to dictate or approve the matters we take on. Nor have we restricted our pro bono activities or limited positions we could take on behalf of our clients. And, of course, no Milbank lawyer will be required to work on any pro bono matter that they do not support. That goes for more conservative lawyers and liberal causes, just as it goes for more liberal lawyers and conservative causes.
We believe that our agreement is very much in Milbank’s interest. The Administration’s expressed concerns about big law firms, and in some cases its entry of Executive Orders against particular firms, have created uncertainty for law firms like ours. With this agreement, we believe we have gone a long way to putting these issues behind us. But we have done so in a way that allows us to continue to focus on the Firm’s values and missions, including with respect to pro bono and our hope to foster an inclusive, non-discriminatory community where all of our members have an equal opportunity to succeed. Having now reached an agreement with the Administration, we can continue to do what we do best—focus on providing the best possible advice, counseling and service to our clients.
As I often end my talks to you, I want to end by expressing my gratitude to all of you. Milbank continues to accomplish so much as a Firm and for its clients. All of those accomplishments are a reflection of you, our people. I want to thank all of you for everything that you do for the Firm. And I also want to thank you for what I am sure will be our shared commitment to fostering an environment that continues to allow and encourage inclusion of diverse viewpoints among all the members of our community.
Respectfully,
Scott
Milbank attorneys and other employees, how do you feel about the firm’s decision? Feel free to sound off by email, by text message (646-820-8477), or by tweet (@ATLblog). An insightful response — we’ll keep you anonymous — could find its way into an update to this story.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
The post Milbank Joins List Of Pushover Biglaw Firms Bowing To Trump appeared first on Above the Law.
Donald Trump’s been wielding his likely unconstitutional Executive Orders aimed at Biglaw firms like a cudgel, using the mere threat of them to get concessions from major firm. Even though the firms that have chosen to fight the good fight against the Trump administration have had slam-dunk victories in court, there’s a growing list of Biglaw firms that prefer to bargain their way into the good graces of Donald Trump. The latest firm to kiss Donald Trump’s ring is Milbank.
Similar to the deals with Skadden and Willkie (the other two firms that inked deals before they could be targeted by Trump), Milbank now owes the Trump administration $100 million in pro bono services. The deal includes a carveout that Milbank “will continue to grow its work with the Milbank Exoneration and Resentencing Review Unit at the Perlmutter Center for Legal Justice at Cardozo Law School.”
Like all the other Trumpian deals, Milbank has also agreed to abandon its DEI efforts. The firm has also stipulated that attorneys’ political views will not impact their client intake “including in pro bono matters, and in support of non-profits.”
Milbank chair Scott Edelman made the following statement on the deal, “After a constructive dialogue with President Trump’s administration, Milbank is pleased that we were so quickly able to find common ground. Our agreement is consistent with Milbank’s core values. We are pleased to affirm a commitment to continue to engage in significant pro bono services in areas that are mutually supported by Milbank and the President. Milbank looks forward to continuing its working relationship with President Trump and his administration.”
According to Trump’s statement on the deal, Milbank “approached” him to put an end to the EO before it even started. And Trump’s statement ended saying, “The President continues to build an unrivaled network of Lawyers, who will put a stop to Partisan Lawfare in America, and restore Liberty and Justice FOR ALL,” signaling the president believes that all the firms that have bent the knee are firmly #teamTrump.
This is how Edelman announced the deal internally, minutes before the news broke.
To the Milbank Community:
As many of you know, in recent weeks, the President has raised a number of issues about the practices of big law firms. In some cases, the President has issued executive orders against particular firms.
And many of you surely read that, on March 17, 2025, the Acting Chair of the EEOC sent letters requesting information about DEI in employment practices to twenty of the country’s largest law firms, including Milbank.
Late last week, we were contacted by representatives of the Trump Administration with questions and concerns about our approach to pro bono and diversity initiatives. The Trump Administration suggested to us that we enter into an agreement similar to one recently agreed to by Skadden. Having reviewed the Skadden agreement, we concluded that it was in the Firm’s best interest to agree with the Administration’s suggestion and enter into our own Skadden-type agreement. We did so for the following reasons:
First, our review of Skadden’s agreement convinced us that the terms agreed to by Skadden were not unreasonable. In reviewing the Skadden agreement, it became apparent that our present practices are consistent with the agreements that the Administration had required of Skadden. We therefore concluded that an agreement would not entail any significant changes to our current practices, and the new commitments are things that we are happy to do anyway.
Second, as a large law firm that does a majority of its work on transactional matters, we are dependent on our ability to navigate client issues in all parts of the Executive Branch. We believed that it was in the best interests of the Firm and its clients to resolve the Trump Administration’s concerns in a way that would foster our working relationship and avoid what could have been an unnecessary confrontation.
Third, the only commitments that we have made to the Government are those that we are happy to make. We are extremely comfortable providing the requested levels of pro bono activities to clients facing challenges that fall within the wide range of the agreed-upon initiatives.
The only commitment that I consider to be “new” is something that we were actively considering anyway, and that is to agree that we would ensure that we have lawyers with diverse political ideologies on our existing pro bono committee to ensure that pro bono matters are both consistent with the objectives of the Firm and represent the full political spectrum. Again, we think this is the right thing to do.
Milbank is a Firm that has always attracted lawyers with a diversity of viewpoints. Two of our partners served in the Executive Branch during the first Trump Administration. We believe that those differences of views and opinions are a strength that makes Milbank a better and more successful institution. This change to our committee will formalize our consideration of those different viewpoints in making decisions about pro bono.
With that background, we made the decision to provide the Administration with the following commitments that the President announced today:
1. Milbank will perform a total of at least $100 million in pro bono legal services during the Trump Administration and beyond on initiatives supported by both the President and Milbank, such as: assisting veterans and other public servants, including members of the military, law enforcement, and first responders; ensuring fairness in our justice system; and combatting antisemitism. In furtherance and as part of these activities, Milbank will continue to grow its work with the Milbank Exoneration and Resentencing Review Unit at the Perlmutter Center for Legal Justice at Cardozo Law School.
2. Our pro bono committee will include partners at the Firm with diverse political ideologies to ensure that pro bono matters are consistent with the objectives of the Firm, and that our pro bono practices represent the full political spectrum, including conservative ideals.
3. Milbank will not deny representation to clients, such as members of politically disenfranchised groups and government officials, employees, and advisors, who have not historically received legal representation from major national law firms, including in pro bono matters, and in support of non-profits, because of the personal political views of individual lawyers. Milbank shall not deny representation to any clients on the basis of the political affiliation of the prospective client or because of the opposition of any government official.
4. Milbank acknowledges and affirms its commitment to merit-based hiring, promotion, and retention. Accordingly, the Firm will not engage in illegal DEI discrimination and preferences. Milbank will continue to give fair and equal consideration to job candidates who have served in both Republican and Democrat Administrations, including the Trump Administration. Milbank will continue to work with independent outside counsel to advise the Firm to ensure employment practices are fully compliant with law, including, but not limited to, anti-discrimination laws.
We are comfortable with all of these provisions. By reaffirming our commitments on a number of these issues, we set a path for the Firm to continue its working relationship with the Executive Branch while at the same time zealously representing our clients.
Our pro bono activities have always represented a broad spectrum of clients and causes.
Of note, in 2024, we proudly announced our new partnership with the Perlmutter Center for Legal Justice at Cardozo Law, championed and sponsored by Laurie and Ike Perlmutter, to combat historical wrongs in the US criminal justice system with a focus on wrongful conviction, excessive sentencing and clemency. We established the Milbank Exoneration and Resentencing Review Unit at the Perlmutter Center, which has enabled the Center to grow its staff and expand its ability to review the high volume of requests it receives. As part of this commitment, we also pledged to provide pro bono legal services as a close partner with the Perlmutter Center at every stage of its work, from screening clients and writing case recommendation memos to litigating cases. The agreement we entered into with the Administration specifies that our work at the Perlmutter Center is one example of work that we are committing to do as part of our overall pro bono commitment.
There is nothing in our agreement that gives the Administration the right to dictate or approve the matters we take on. Nor have we restricted our pro bono activities or limited positions we could take on behalf of our clients. And, of course, no Milbank lawyer will be required to work on any pro bono matter that they do not support. That goes for more conservative lawyers and liberal causes, just as it goes for more liberal lawyers and conservative causes.
We believe that our agreement is very much in Milbank’s interest. The Administration’s expressed concerns about big law firms, and in some cases its entry of Executive Orders against particular firms, have created uncertainty for law firms like ours. With this agreement, we believe we have gone a long way to putting these issues behind us. But we have done so in a way that allows us to continue to focus on the Firm’s values and missions, including with respect to pro bono and our hope to foster an inclusive, non-discriminatory community where all of our members have an equal opportunity to succeed. Having now reached an agreement with the Administration, we can continue to do what we do best—focus on providing the best possible advice, counseling and service to our clients.
As I often end my talks to you, I want to end by expressing my gratitude to all of you. Milbank continues to accomplish so much as a Firm and for its clients. All of those accomplishments are a reflection of you, our people. I want to thank all of you for everything that you do for the Firm. And I also want to thank you for what I am sure will be our shared commitment to fostering an environment that continues to allow and encourage inclusion of diverse viewpoints among all the members of our community.
Respectfully,
Scott
Milbank attorneys and other employees, how do you feel about the firm’s decision? Feel free to sound off by email, by text message (646-820-8477), or by tweet (@ATLblog). An insightful response — we’ll keep you anonymous — could find its way into an update to this story.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].
