Business
Law Firms Jenner & Block and WilmerHale Sue Trump Administration to Block Executive Orders
The nation’s legal profession is being split between those that want to fight back against President Trump’s attacks on the industry and those that prefer to engage in the art of the deal.
Two big firms sued the Trump administration on Friday, seeking to stop executive orders that could impair their ability to represent clients. The lawsuits filed by Jenner & Block and WilmerHale highlight how some elite firms are willing to fight Mr. Trump’s campaign targeting those he doesn’t like, while others, like Paul Weiss and Skadden, have cut deals to appease the president.
In recent weeks, Mr. Trump has issued similarly styled executive orders against firms that he perceives as enemies and threats to national security. The orders could create an existential crisis for firms because they would strip lawyers of security clearances, bar them from entering federal buildings and discourage federal officials from interacting with the firms.
“I am heartened by the fact that Jenner and Wilmer are joining Perkins in pushing back on these illegal executive orders. It shows that capitulation is not the only route,” said Matthew Diller, a law professor and former dean of Fordham University School of Law. “In the long run, it will strengthen their reputations in the market as forceful advocates who stand up for principle, a quality that many clients will value.”
Jenner & Block said in a statement that its suit was intended to “stop an unconstitutional executive order that has already been declared unlawful by a federal court.” A third firm, Perkins Coie, has also sued the Trump administration over the same matter, and had some early success in stopping the executive order.
Jenner & Block also created a website — Jenner Stands Firm — to publicize its filing and to highlight newspaper editorials criticizing the executive orders and comments from law school professors questioning the legality of Mr. Trump’s actions.
On Friday evening, Judge John Bates of Federal District Court in Washington issued a temporary restraining order that bars the Trump administration from punishing Jenner & Block. The judge called the portion of the executive order that criticizes the pro bono legal work the firm does for organizations “disturbing” and “troubling.”
Later Friday, another federal judge in Washington, Richard Leon, issued a temporary restraining order granting WilmerHale most of the relief the firm sought from the executive order against it.
The effort to fight back in a public manner stands in contrast with the way other firms have handled Mr. Trump’s campaign against them.
Also on Friday, Mr. Trump told reporters that the White House had reached a deal with Skadden, Arps, Slate, Meagher & Flom that would require the firm to provide $100 million in pro bono legal services to causes he supports. Skadden and Mr. Trump reached a deal after the law firm had reached out behind the scenes to head off the filing of an executive order against it.
“We very much appreciate their coming to the table,” Mr. Trump said.
In a statement, Skadden said, “We engaged proactively with the president and his team in working together constructively to reach this agreement.” The firm added that the agreement “is in the best interests of our clients, our people and our firm.”
Last week, Paul, Weiss, Rifkind, Wharton & Garrison announced an agreement in which Mr. Trump rescinded his executive order against the law firm in exchange for its committing to represent clients regardless of their political leanings and pledging $40 million in pro bono legal services to issues Mr. Trump has championed.
Paul Weiss reached its deal within days of Mr. Trump’s executive order after the firm’s chairman, Brad Karp, flew from New York for an Oval Office meeting with the president and some of his staff. Mr. Karp said in an email to the firm that he had moved quickly because Paul Weiss’s big corporate clients were threatened with the “loss of their government contracts and the loss of access to the government” if they stuck with the firm.
Mr. Karp cast the deal as a move to save Paul Weiss, which employs about 2,000 people. He also complained that other law firms had not come out to support Paul Weiss.
But that deal was widely criticized. The firm — which is stocked with Democrats who have opposed Mr. Trump — was seen as bending to the president to protect its bottom line.
“A large part of this are business decisions being made by law firms,” said Rebecca Roiphe, a former prosecutor and a professor at New York Law School who specializes in legal ethics. “These firms are calculating that their clients will feel aligned with their decisions.”
Mr. Trump has been going after big law firms that he contends have “weaponized” the legal system. He is initially targeting law firms that hired lawyers who were once involved in the many investigations of his actions during his first presidential term and his business dealings.
The executive orders have been premised on Mr. Trump’s notion that the law firms’ partisan representations and pro bono work for groups that he disagrees with could pose a threat to national security.
A White House spokesman, Harrison Fields, said in a statement: “Democrats and their law firms weaponized the legal process to try to punish and jail their political opponents. The president’s executive orders are lawful directives to ensure that the president’s agenda is implemented and that law firms comply with the law.”
The suit by Jenner & Block was filed in federal court in Washington, and the firm is asking a judge to step in immediately and stop the executive order, which was leveled against it by Mr. Trump this week. The firm is being represented by Cooley, another law firm. The lawsuit named numerous government agencies and officials as defendants.
WilmerHale filed its lawsuit in the same federal court and is being represented by Paul Clement, a solicitor general during the administration of President George W. Bush.
Jenner & Block and WilmerHale represent some of the nation’s biggest companies, and often deal with regulatory issues before government agencies. Jenner & Block has represented the defense contractor General Dynamics, as well as the entertainment giant Viacom, while one of WilmerHale’s major clients is JPMorgan Chase.
The executive order accused the firm of engaging “in obvious partisan representations to achieve political ends” and claimed the firm “discriminates against its employees based on race and other categories prohibited by civil rights laws, including through the use of race-based ‘targets.’”
The executive orders against both Jenner & Block and WilmerHale focused, in large part, on the work of lawyers with the federal investigation into ties between Mr. Trump’s 2016 presidential campaign and Russia. The investigation was led by a special counsel, Robert S. Mueller III, a former director of the F.B.I. who was a partner at WilmerHale.
One of Mr. Mueller’s top assistants on that investigation was Andrew Weissmann, a longtime federal prosecutor and former partner at Jenner & Block.
Both Mr. Mueller and Mr. Weissmann rejoined their firms after the investigation was completed. The lawyers left their firms in 2021. But on the WilmerHale website, there is a page devoted to a lengthy interview with Mr. Mueller, who is normally media-averse, in which he discusses his “remarkable life and career.”
Jenner & Block’s complaint said Mr. Trump’s action was unconstitutional and would compromise the ability of the firm’s more than 500 lawyers to “zealously advocate for its clients.”
The lawsuit noted that Mr. Trump’s deal with Paul Weiss did not include any new security measures imposed on that firm.
In a statement, WilmerHale, which has about 1,000 lawyers, said the president’s executive order “is a plainly unlawful attack on the bedrock principles of our nation’s legal system — our clients’ right to counsel and the First Amendment.”
Perkins Coie, one of the first law firms targeted by Mr. Trump, sued him earlier this month. A federal judge temporarily halted Mr. Trump’s order, saying it was likely illegal and adding: “It sends little chills down my spine.”
Vanita Gupta, a civil rights lawyer and former senior Justice Department official in the Biden and Obama administrations, said the new lawsuits were necessary in a time of peril for the legal profession.
“The only way through this attack on the very foundations of our legal system is by fighting back,” Ms. Gupta said. “If firms want to be trusted to fight the biggest fights, they must not cave to blatantly unconstitutional government actions.”
She praised the three firms that are fighting the administration and said she hoped others would do the same because “collective action is the only way to pull through in this moment.”
Mr. Trump’s executive order against Paul Weiss was motivated in part by the fact that a former partner at that firm has worked with the Manhattan district attorney’s office in trying to build a criminal case against Mr. Trump after he lost the 2020 election.
One pattern of the executive orders is going after law firms that have employed attorneys whom Mr. Trump’s sees as his personal enemies. One of those is Mr. Weissmann, whom Mr. Trump has often lashed out against on his social media platform, Truth Social.
Mr. Weissmann has a reputation as an aggressive investigator. In recent years, he has emerged as a public critic of Mr. Trump, appearing frequently on MSNBC to provide legal analysis about the range of indictments Mr. Trump faced for his conduct.
In the complaint, the firm said Mr. Weissmann had not worked for it since 2021. It also noted that it has had prominent lawyers from all political parties on its staff.
Tyler Pager contributed reporting.
Business
Commentary: Serious backlash to a Netflix/Warner Bros deal may come from European regulators
If you’re looking for where the most crucial governmental backlash to a merger deal involving Warner Bros. Discovery, you might want to turn your attention east — to Europe, where regulators are girding to take an early look at any such deal.
Both of the leading bidders — Netflix, which has the blessing of the WBD board, and Paramount, which launched a hostile takeover bid — could face obstacles from the European Union. EU officials have spoken only vaguely about their role in judging whatever deal emerges, since the outcome of the tussle remains in doubt.
The European Commission “could enter to assess” the outcome in the future, Teresa Ribera, the EU’s top antitrust official, said last week at a conference in Brussels, but she didn’t go beyond that. Pressure is mounting within Europe for close scrutiny of any deal.
A deal with Netflix as the buyer likely will never close, due to antitrust and regulatory challenges in the United States and in most jurisdictions abroad.
— Paramount makes its appeal to the Warner board
As early as May, UNIC, the trade organization of European cinemas, expressed opposition to a Netflix deal. The exhibitors’ concern is Netflix’s disdain for theatrical distribution of its content compared to streaming.
“Netflix has time and again made it clear that it doesn’t believe in cinemas and their business model,” UNIC stated. “Netflix has released only a handful of titles in cinemas, usually to chase awards, and only for a very short period, denying cinema operators a fair window of exclusivity.”
Neither WBD nor Netflix has commented on the prospect of EU oversight of their deal. Paramount, however, has made it a key point in its appeals to the WBD board and shareholders.
In both overtures, Paramount made much of the size and potential anti-competitive nature of Netflix’s acquisition of WBD. In a Dec. 1 letter sent via WBD’s lawyers, Paramount asserted that the Netflix deal “likely will never close due to antitrust and regulatory challenges in the United States and in most jurisdictions abroad. … Regulators around the world will rightfully scrutinize the loss of competition to the dominant Netflix streamer.”
Netflix’s dominance of the streaming market is even greater in Europe than in the U.S., Paramount said, citing a Standard & Poor’s estimate that Netflix holds a 51% share of European streaming revenue. That figure swamps the second-place service, Disney, with only a 10% share. Paramount made essentially the same points in its Dec. 10 letter to WBD shareholders, launching its hostile takeover attempt at Warner.
European business regulators have been rather more determined in scrutinizing big merger deals — and about the behavior of major corporate “platforms” such as Google and X.com — than U.S. agencies, especially under Republican administrations. One reason may be the role of federal judges in overseeing antitrust enforcement by the Federal Trade Commission.
“Despite the European Commission (EC) successfully doling out fines numbering in the billions of euros for giants like Apple and Google for distorting competition, the FTC has struggled significantly in court, losing virtually all its merger challenges in 2023,” a survey from Columbia Law School observed last year.
The survey pointed to differing legal standards motivating antitrust oversight: “American courts have placed undue weight on preventing consumer harm rather than safeguarding competition; by contrast, the EU has remained centered on establishing clear standards for competitive fairness.”
In September, for example, the European Commission fined Google nearly $3.5 billion for favoring its own online advertising display services over competing providers. (Google has said it will appeal.) The action was the fourth multi-billion-dollar fine imposed on Google by the EC since 2017; Google won one appeal and lost another; an appeal of the third is pending.
As an ostensibly independent administrative entity, the EC at least theoretically comes under less political pressure from the 27 individual members of the European Union than the FTC and Department of Justice face from U.S. political leaders.
President Trump has made no secret of his doubts about the Netflix-WBD deal. As I reported last week, Trump has said that Netflix’s deal “could be a problem,” citing the companies’ combined share of the streaming market. Trump said he “would be involved” in his administration’s decision whether to approve any deal.
That feels like a Trumpian thumb on the scale favoring Paramount. The Ellison family is personally and politically aligned with Trump, and among those contributing financing to the bid is the sovereign wealth fund of Saudi Arabia, a country that has recently received lavish praise from Trump. Another backer is Affinity Partners, a private equity fund led by Jared Kushner, Trump’s son-in-law.
The most important question about European oversight of the quest for WBD is what the regulators might do about it. The European Commission tends to be reluctant to block deals outright. The last time the EC blocked a deal was in 2023, when it prohibited a merger between the online travel agencies Booking.com and eTraveli. The EC ruling is under appeal.
At least two proposed mega-mergers were withdrawn in 2024 while they were under the EC’s penetrating “Phase II” scrutiny: the acquisition of robot vacuum cleaner maker iRobot by Amazon, and the merger of two Spanish airlines, IAG and Air Europa.
Typically, the EC addresses potentially anticompetitive mergers by requiring the divestment of overlapping businesses. In the case of Netflix and WBD, the likely divestment target would be HBO Max, which competes directly with Netflix in entertainment streaming. Paramount’s streaming service, Paramount+, also competes with HBO Max but not on the same scale as Netflix.
Antitrust rules aren’t the only possible pitfall for Netflix and Paramount. Others are the EU’s Digital Services Act and Digital Markets Act, which went into effect in 2022. The latter applies mostly to social media platforms—the six companies initially deemed to fall within its jurisdiction were Alphabet (the parent of Google), Amazon, Apple, ByteDance (the parent of TikTok), Meta and Microsoft. Those “gatekeepers” can’t favor their own services over those of competitors and have to open their own ecosystems to competitors for the good of users.
The Digital Services Act imposes rules of transparency and content moderation on large digital services. No platforms owned by Netflix, Paramount or WBD are on the roster of 19 originally named by the EU as falling under the law’s jurisdiction, but its regulations could constrain efforts by a merged company to move into social media.
The EU also has begun to show greater concern about foreign investments in strategic assets. Traditionally, these assets are those connected with national security. But defining them is left up to member countries. As my colleague Meg James reported, the sovereign funds of Saudi Arabia, Abu Dhabi and Qatar have agreed to back the Ellisons’ WBD bid with $24 billion — twice the sum the Ellison family has said it would contribute.
The Gulf states’ role has already raised political issues in the U.S., since the cable news channel CNN would be part of the sale to Paramount (though not to Netflix). Paramount says those investors, along with a firm associated with Kushner, have agreed to “forgo any governance rights — including board representation.”
That pledge aims to keep the deal out of the jurisdiction of the U.S. government’s Committee on Foreign Investment in the United States, or CFIUS, which must clear foreign investments in U.S. companies. But whether it would satisfy any European countries that choose to see Warner Bros. Discovery as a strategically important entity is unknown.
Then there’s Trump’s apparent favoring of the Paramount bid. Trump is majestically unpopular among European political leaders, who resent his pro-Russian bias in efforts to end Russia’s invasion of Ukraine. Trump has castigated European leaders as “weak” stewards of their “decaying” countries.
The administration’s recently published National Security Strategy white paper advocated “cultivating resistance to Europe’s current trajectory” and extolled “the growing influence of patriotic European parties,” which many European leaders interpreted as support for antidemocratic movements.
The document “effectively declares war on European politics, Europe’s political leaders, and the European Union,” in the judgment of the bipartisan Center for Strategic and International Studies.
How all these forces will play out as the bidding war for WBD moves toward its conclusion is imponderable just now. What’s likely is that the rumbling won’t stop at the U.S. border.
Business
What happens to Roombas now that the company has declared bankruptcy?
Roomba maker IRobot filed for bankruptcy and will go private after being acquired by its Chinese supplier Picea Robotics.
Founded 35 years ago, the Massachusetts company pioneered the development of home vacuum robots and grew to become one of the most recognizable American consumer brands.
Over the years, it lost ground to Chinese competitors with less-expensive products. This year, the company was clobbered by President Trump’s tariffs. At its peak during the pandemic, IRobot was valued at $3 billion.
The bankruptcy filing, which happened on Sunday, has raised fear among Roomba users who are worried about “bricking,” which is when a device stops working or is rendered useless due to a lack of software updates.
The company has tried assuaging the fears, saying that it will continue operations with no anticipated disruption to its app functionality, customer programs or product support.
The majority of IRobot products sold in the U.S. are manufactured in Vietnam, which was hit with a 46% tariff, eroding profits and competitiveness of the company. The tariffs increased IRobot’s costs by $23 million in 2025, according to its court filings.
In 2024, IRobot’s revenue stood at $681 million, about 24% lower than the previous year. The company owed hundreds of millions in debt and long-term loans. Once the court-supervised transaction is complete, IRobot will become a private company owned by contract manufacturer Picea Robotics.
Today, nearly 70% of the global smart vacuum robot market is dominated by Chinese brands, according to IDC, with Roborock and Ecovacs leading the charge.
The sale of a famous household brand to a Chinese competitor has prompted complaints from Silicon Valley entrepreneurs and politicians, citing the case as a failure of antitrust policy.
Amazon originally planned to acquire IRobot for $1.4 billion, but in early 2024, it terminated the merger after scrutiny from European regulators, supported by then-Federal Trade Commission Chair Lina Khan. IRobot never recovered from that.
The central concern for the merger was that Amazon could unduly favor IRobot products in its marketplace, according to Joseph Coniglio, director of antitrust and innovation at the think tank Information Technology and Innovation Foundation.
Buying IRobot could have expanded Amazon’s portfolio of home devices, including Ring and Alexa, he said, bolstering American competition in the robot vacuum market.
“Blocking this deal was a strategic error,” said Dirk Auer, director of competition policy at the International Center for Law & Economics. “The consequence is that we have handed an easy win to Chinese rivals. IRobot was the only significant Western player left in this space. By denying them the resources needed to compete, regulators have left American consumers with fewer alternatives to Chinese dominance.”
“While IRobot has become a peripheral player recently, Amazon had the specific capacity to reverse those fortunes — specifically by integrating IRobot into its successful ecosystem of home devices,” Auer said. “The best way to handle global competition is to ensure U.S. firms are free to merge, scale and innovate, rather than trying to thwart Chinese firms via regulation. We should be enabling our companies to compete, not restricting their ability to find a path forward.”
Business
California unemployment rises in September as forecast predicts slow jobs growth
California lost jobs for the fourth consecutive month in September — and it’s expected to add only 62,000 new jobs next year as high taxes drag on business formation, according to a report released Thursday.
The annual Chapman University economic forecast released Thursday found that the state’s job growth totaled just 2% from the second quarter of 2022 to the second quarter of this year, ranking it 48th among all states.
That matches California’s low ranking on the Tax Foundation’s 2024 State Business Tax Climate Index, which measures the rate of taxes and how they are assessed, according to the Gary Anderson Center for Economic Research report by the Orange, Calif., school.
The state also experienced a net population outflow of more than 1 million residents from 2021 to 2023, with the top five destinations being states with zero or very low state income taxes: Texas, Arizona, Nevada, Idaho and Florida, the report noted.
What’s more, the average adjusted gross income for those leaving California was $134,000 in 2022, while for those entering it was $113,000, according to the most recent IRS data on net income flows cited by the report.
“High relative state taxes not only drive out jobs, but they also drive out people,” said the report, which expects just a 0.3% increase in California jobs next year leading to the 62,000 net gain.
More unsettling, the report said, was a “sharp decline” in the number of companies and other advanced industry concerns established in California relative to other states, in such sectors as technology, software, aerospace and medical products.
California accounted for 17.5% of all such establishments in the fourth quarter of 2018, but that dropped to 14.9% in the first quarter of this year. Much of the competition came from low-tax states, the report said.
California saw the number of advanced industry establishments grow from 89,300 to 108,600 from 2018 through this year, but low-tax states saw a 52.2% growth rate from 164,000 to 249,600 establishments, it said.
Also on Thursday, the U.S. Bureau of Labor Statistics released its monthly states jobs report, which had been delayed by the government shutdown. It, too, showed California had a weak labor market with the state losing 4,500 jobs for the month, edging up its unemployment rate from 5.5% to 5.6%, the highest in the nation aside from Washington, D.C.
The state has lost jobs since June as tech companies in the Bay Area and elsewhere shed employees and spend billions of dollars on developing artificial intelligence capabilities.
There have also been high-profile layoffs in Hollywood amid a drop-off in filming, runaway production to other states and countries, and industry consolidation, such as the bidding war being conducted over Warner Bros. Discovery. The latter is expected to bring even deeper cuts in Southern California’s cornerstone film and TV industry.
Michael Bernick, a former director of California’s Employment Development Department, said such industry trends are only partially to blame for the state’s poor job performance.
“The greater part of the explanation lies in the costs and liabilities of hiring in California — costs and especially liabilities that are higher than other states,” he said in an emailed statement.
Nationally, the Chapman report cited the Trump administration’s tariffs as a drag on the economy, noting they are greater than the Smoot-Hawley Tariff Act of 1930 thought to have exacerbated the Great Depression.
That act only increased tariffs on average by 13.5% to 20% and mainly on agricultural and manufactured products, while the Trump tariffs “cover most goods and affect all of our trading partners.”
As a consequence, the report projects that annual job growth next year will reach only 0.2%, which will curb GDP growth.
The report predicts the national economy will grow by 2% next year, slightly higher than this year’s 1.8% expected rate. Among the positive factors influencing the economy are AI investment and interest rates, while slowing growth — aside from tariffs and the jobs picture — is low demand for new housing.
The report cites lower rates of family formation, lower immigration rates and a declining birth rate contributing to the lower housing demand.
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