Milbank Signs Deal With Trump to Avoid Executive Order (2)

Milbank struck a deal with Donald Trump, as major law firms have now agreed to spend $340 million collectively on pro bono services aligned with the president’s agenda.

Milbank pledged to avoid “illegal DEI discrimination” and represent clients regardless of political views, the agreement posted Wednesday on Trump’s Truth Social platform said.

The deal, including a pledge to spend $100 million on initiatives backed by the firm and Trump, is in the best interest of Milbank and clients, and it avoids “what could have been an unnecessary confrontation,” firm chair Scott Edelman said in a statement.

Trump’s war against law firms for what he calls “weaponization” has now roped in eight of them—four that struck deals to spend money on his priorities, three that are fighting him in court, and one, Covington & Burling, that hasn’t sued or reached an agreement.

Milbank is one of New York’s elite law firms, representing top banking and financial institution clients such as Goldman Sachs, HSBC, Credit Suisse and JPMorgan Chase. Milbank brought in nearly $1.9 billion last year and its partners took home nearly $7 million, according to American Lawyer figures.

Similar to the other firms Trump has attacked or settled with, the firm has ties to lawyers or causes that run counter to the president.

Milbank in February hired Neal Katyal, a former acting solicitor general under President Obama who has argued 52 cases before the Supreme Court, more than any minority litigator in history. Katyal joined a lawsuit in February challenging Trump’s effort to remove Merit Systems Protection Board chair Cathy Harris.

Katyal didn’t immediately respond to a request for comment sent via email.

Milbank found itself in the crosshairs of Coinbase Global Inc. CEO Brian Armstrong over the firm’s hire of Gurbir Grewal in October. Grewal was the former enforcement director of the US Securities and Exchange Commission.

Armstrong said in a post on X that the firm “messed up,” and he noted that “we don’t work with them now (and never will while he works there).”

More Deals

Milbank’s deal came less than 24 hours after Trump announced a similar agreement with Willkie Farr & Gallagher in which that New York-founded firm also pledged $100 million in pro bono services during the Trump administration. Skadden Arps Slate Meagher & Flom last week agreed with Trump to spend $100 million, and Paul Weiss Rifkind Wharton & Garrison earlier in March promised to spend $40 million.

Three firms took a different approach. Perkins Coie, Jenner & Block and WilmerHale all filed lawsuits last month against the Trump administration over executive orders that threaten government contracts with the clients, revoke lawyers’ security clearances, and limit access to federal buildings.

Three separate judge in the DC District Court have granted temporary restraining orders stopping Trump’s directives against the firms at least in part.

Milbank approached the Trump administration “stating their resolve to help end the weaponization of the justice system and the legal profession,” the White House said in the Truth Social statement.

“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,” the statement said.

Under the Milbank agreement, the Manhattan-founded law firm’s pro bono committee will include partners from diverse political ideologies, according to the statement. The firm under the deal will continue its work at New York’s Cardozo Law School to overturn wrongful convictions and reduce excessive sentences.

‘Skadden-type Agreement’

Edelman in his statement said the the firm was contacted late last week by representatives of the Trump administration “with questions and concerns” about its 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,” Edelman said. The firm then concluded it should “enter into our own Skadden-type agreement,” he said.

Edelman added in the statement, “The terms agreed to by Skadden were not unreasonable.”

Trump on March 28 announced the deal with Skadden, calling it “essentially a settlement.” The president said the pro bono services Skadden agreed to fund will include things such as assisting veterans, military, and law enforcement.

Skadden also committed to funding five fellows and to merit-based hiring and retention, and the firm promised not to deny representation to disenfranchised groups, Trump said.

—With reporting by Lydia Wheeler, Tatyana Monnay, and Phil Kuntz