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Law Firms Jenner & Block and WilmerHale Sue Trump Administration to Block Executive Orders

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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.

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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.

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“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.

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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.”

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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.

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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.”

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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.

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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.

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After heated debate, California updates key climate limit. Critics say it’s a retreat

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After heated debate, California updates key climate limit. Critics say it’s a retreat

In a high-stakes decision that will shape California’s economy for years, air officials late Friday approved a sweeping overhaul of the state’s signature climate program, cap-and-invest.

The 10-3 vote from the California Air Resources Board determines how aggressively the Golden State will curb planet-warming greenhouse gas emissions in the years ahead — and how billions of dollars in revenue will flow through communities, businesses and public programs statewide.

Cap-and-invest was nation-leading when it launched in 2013. The program forces major polluters to pay for their share of emissions by buying allowances at auctions or being granted them for free. It uses the revenue to fund public transit projects, wildfire prevention, affordable housing, clean energy, electric vehicles and safe drinking water.

The pollution limit — or cap — declines each year, reducing the total amount of emissions in the state and helping California reach its ambitious climate targets, including 100% carbon neutrality by 2045.

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The Legislature voted last year to extend cap-and-invest through 2045. Officials at the Air Resources Board then spent the last several months drafting and revising the plan voted on this week, which received considerable feedback from oil and gas companies, environmental groups, lobbyists and lawmakers all jockeying for different priorities.

Some 200 people testified in person during the marathon two-day meeting preceding the vote, and the final proposal received more than 1,000 written comments.

Industry groups warned that capping emissions too much and too quickly would push refineries out of the state and drive up already soaring energy costs. But environmentalists and other stakeholders said giving too many concessions to fossil fuel interests would defeat the program’s purpose, which is to drive down emissions along a pathway consistent with what scientists say could preserve a recognizable climate.

The program was always planned to become stricter as the years unfolded, to give businesses more time to make the stronger reductions in their emissions.

Officials were under legal, market and budgetary pressure to pass a plan without delay, and also said it’s important for California to signal market certainty.

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“It is no secret that climate policy is at a crossroads — under attack by an openly hostile and well-funded opposition and upended by global economic upheaval,” CARB chair Lauren Sanchez said during the meeting. “At a moment of uncertainty at the federal and international levels, California has the opportunity to lead with consistency.”

Among the key updates to the program are the removal of 118 million pollution permits, or allowances, from the market by 2030, and 900 million after 2030. Officials say this will amount to a steep, 11% annual lowering of the cap by the end of this decade, and 7% from 2031 to 2045, in keeping with the state’s mandated targets.

Critically, however, the update will also create a new pool of 118 million allowances above the cap that polluters can apply for and receive if they invest in decarbonization projects, a program dubbed the Manufacturing Decarbonization Incentive.

The incentive program is intended to discourage regulated industries from leaving the state. Two major refineries have announced exit plans in recent years, including Valero’s Benecia refinery and Phillips 66’s Los Angeles refinery, which shut down in 2025.

But many critics — including transit, affordable housing, environmental justice and clean water groups — said this amounts to a dismantling of the program.

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“CARB has proposed creating exactly 118.3 million additional allowances … outside the cap, the precise number of allowances that must be removed from the cap to keep us on track for our 2030 targets,” said Caroline Jones, a senior analyst with the nonprofit Environmental Defense Fund. “This undermines the cap’s role in actually limiting climate pollution, which is the core function of this program.”

The board approved the decarbonization incentive but committed to additional workshops and evaluations of the program before issuing any allowances for it.

Other updates include more free allowances for industrial facilities and refineries, which regulators said will help reduce pressure on gasoline prices. Critics described the free permits as subsidies for oil and gas.

The update will also shift some allowances from gas to electric utilities, and increase funding for the California Climate Credit, a rebate that appears automatically on people’s utility bills.

But perhaps most controversial is how the update will affect the program’s multibillion-dollar revenue, which flows into the state’s Greenhouse Gas Reduction Fund each year and is distributed to various programs. Cap-and-invest has delivered $35 billion for climate projects in California since its inception.

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The new incentive pool will mean the loss of $2 billion annually to the fund, or roughly half the amount it has received in recent years, according to an analysis from the Legislative Analyst’s Office.

While the Air Resources Board does not determine how the fund is divvied up — that’s the Legislature — opponents warned that this could amount to significant cuts for the Affordable Housing and Sustainable Communities Program, the Low Carbon Transit Operations Program, the SAFER drinking water program and the Community Air Protection Program, among many others that rely on revenue from cap-and-invest.

“This could create serious consequences, including a potential zeroing out of the state’s support for critical emission reduction programs,” said Phillip Fine, executive officer at the Bay Area Air District. “Striking the right balance is critical, but all consequences must be fully considered.”

It was a sentiment echoed by many who delivered comments during the board meeting.

“These additional allowances would not only endanger our emissions targets, they would also flood the auction market and depress cap-and-invest revenues,” said Pam Odell of the group Climate Action California. “These revenues fund vital programs, promote climate resilience, clean transit and transportation, and public health, especially in the most heavily exposed front-line communities.”

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Some groups came out in support of the update, however, including Southern California Edison and Pacific Gas & Electric. The plan strikes a “balance between program stringency and affordability,” Fariya Ali, air and climate policy manager with PG&E, said during the meeting.

Assemblymember Jacqui Irwin (D-Thousand Oaks), who authored the bill that reauthorized the program last year, was cautiously supportive, noting that she would like to see more guardrails around the incentive program to ensure it aligns with state climate targets. But delaying the update would only create more uncertainty at a time when the Trump administration is already canceling clean energy funds and revoking California’s authority to set clean vehicle standards, she said.

“If we fail now to adopt the proposed amendments to cap-and-invest, it would be without a doubt the greatest victory that the Trump administration could possibly hope for to achieve against California’s climate policies this year,” Irwin said.

Oil and gas groups were tepid. Jodie Muller, chief executive of the Western States Petroleum Assn., said the update provides some near-term relief for refineries, but leaves too much uncertainty after 2030 to drive continued investment.

Brian McDonald, regulatory affairs manager with Marathon Petroleum Corp., said similarly that the oil company is “deeply concerned that the current proposal does not go far enough to provide the regulatory certainty needed to sustain in-state fuel production.”

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In a briefing ahead of the vote, California climate economist Danny Cullenward said the update threatens both the “cap” aspect of the program by introducing the new allowance pool, and the “invest” aspect by threatening to reduce the program’s revenues.

The proposal is “being presented as a compromise when in fact it is sacrificing both of the key goals of the program,” he said.

The new plan is slated to go into effect Sept. 1.

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Another tech company says it will cut hundreds of jobs amid pivot to AI

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Another tech company says it will cut hundreds of jobs amid pivot to AI

Layoffs have continued with another tech company saying it was cutting people to enable it to use more artificial intelligence.

Groupon announced in a security filing this month that it will cut up to 400 jobs, or nearly 25% of its worldwide workforce, as part of a broader restructuring plan to make the platform AI-native. The Chicago company plans to carry out the layoffs in the coming months.

Earlier the company’s Chief Executive Officer Dušan Šenkypl had said the company “fell short of our expectations” last quarter.

Since 2022, more than 800,000 tech workers have been laid off, according to Layoffs.fyi, a website that tracks job cuts.

The surge in pink slips started in 2023, when companies that had gone on hiring sprees during the COVID-19 pandemic began to cut back. From January to April this year, U.S. tech employers announced 85,411 job cuts, up 33% from the same period last year, according to global outplacement and executive coaching firm Challenger, Gray & Christmas.

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Groupon said in the filing that the decision to shift toward an AI-based company is to “better deliver on our mission, serving both customers and merchants.”

The company said the layoffs will cost it as much as $13 million, but save it more than $20 million per year.

This announcement comes as many e-commerce companies are shifting their business models to AI to reduce costs by automating many roles.

Artificial intelligence has also triggered fierce competition for top talent and is also fueling tens of thousands of layoffs this year. The result is that the class divide is widening in Silicon Valley as a tiny group of employees are landing unprecedented packages for AI skills, while many others struggle to find work.

The have-nots are doing everything that used to guarantee great jobs — refreshing resumes, optimizing LinkedIn profiles and doing interviews — but companies are much more picky these days. The tech jobless are rethinking their lives. Some are taking pay cuts, while others are leaving tech. Some are going back to study or launch startups. Some have retired.

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Groupon shares, which have fallen 27% over the last 12 months, slipped 1% on Thursday to $21.20.

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ABC files applications ‘under protest’ for early renewal of TV station licenses

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ABC files applications ‘under protest’ for early renewal of TV station licenses

Walt Disney Co.’s ABC has filed renewal applications with the Federal Communications Commission “under protest” after an order mandating a years-early review of the network’s eight television station licenses.

The criticism was part of the network’s applications for the FCC review, which were filed ahead of a deadline Thursday. In an objection to the early renewal, Disney’s New York station WABC called the FCC order “unlawful, arbitrary and unconstitutional” and said it was “legally indefensible.”

“The Commission had not demanded early renewal in over five decades,” the station wrote in its filing. “And it has never before demanded simultaneous license renewal applications from a group of stations commonly owned with a network as it has here. The order has no legitimate purpose.”

The licenses for the eight ABC-owned TV stations, including KABC in Los Angeles, were originally scheduled for renewal between 2028 and 2031.

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The FCC order came shortly after ABC late-night host Jimmy Kimmel made a joke about First Lady Melania Trump looking like an “expectant widow” days before a gunman tried to breach the White House Correspondents’ Assn. gala last month that President Trump attended.

Trump has frequently threatened to have TV station licenses pulled when he is unhappy with their coverage, but the order is the first time the government has acted on his wishes, sparking anger from free speech advocates. The FCC has said the order is part of an investigation into whether Disney’s diversity and inclusion policies violate federal law and the agency’s rules against “unlawful discrimination.”

In its response, WABC said the “only plausible reason” to issue the order was to “punish the station for speech the government does not like.”

“The ultimate injury here is not to the station or its parent company. It is to the public,” WABC wrote. “When a broadcaster must weigh regulatory retaliation before making editorial decisions, the public loses access to journalism that is free from government influence.”

FCC Chairman Brendan Carr said in a statement Thursday that Disney filed its applications to renew its broadcast licenses only after the company was told its previous answers were “disingenuous, deficient and improper.”

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“Contrary to Disney’s claim that the FCC called in their broadcast licenses for early renewal for no reason, the record shows something very different,” Carr said. “Broadcast licensees have a unique obligation to operate in the public interest. The FCC will follow the facts and law wherever they may lead.”

FCC Commissioner Anna M. Gomez, the panel’s only Democrat who has backed Disney in its fight, cheered the Burbank media and entertainment company’s filing, saying in a post on X that she was “glad to see them expose the FCC’s actions as nothing more than naked political retribution and an unlawful assault on free speech and a free press.”

Times staff writer Meg James contributed to this report.

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