Keep your finger on the legal world's pulse
10th April 2025
 
THE HOT STORY
Firms fight back against Trump orders
Jenner & Block and WilmerHale have filed motions for summary judgment in the U.S. District Court for the District of Columbia, seeking to permanently block President Donald Trump's executive orders, which they argue violate the First Amendment. Jenner described the orders as a "plain violation" and requested the court to extend a temporary restraining order issued on 28 March to cover the entire order. The firms contend that the orders, which restrict access to federal buildings and terminate contracts, are retaliatory and unconstitutional. WilmerHale's filing noted that the "retaliatory nature" of the order was "clear from its face." Jenner said the orders send a "clear message to the legal profession" to cease representations adverse to the government.
FIRMS
Sullivan & Cromwell tops global M&A rankings
Sullivan & Cromwell has emerged as the leading global M&A legal advisor in the first quarter of the year, according to data from the London Stock Exchange Group. The New York firm advised on 46 deals valued at nearly $125bn, surpassing second-placed Davis Polk & Wardwell, which handled 50 deals worth $103.6bn. Freshfields secured third place, the highest for a non-U.S. firm, with 35 deals totalling $103.3bn. Last year's top firm, Kirkland & Ellis, and Latham & Watkins, rounded out the top five with $103bn and $80.7bn in deal value, respectively. Notably, Paul Weiss fell to 16th place after finishing fourth in 2024.
Trump targets Susman Godfrey
President Donald Trump has signed an executive order targeting Susman Godfrey, suspending security clearances for its lawyers and threatening to cancel federal contracts held by the firm's clients. White House aide Will Scharf said the order is similar to previous actions against other law firms that have been involved in the "weaponization of government or actions of lawfare." Three of these firms - Perkins Coie, WilmerHale, and Jenner & Block - sued the Trump administration and won preliminary rulings that found the orders violated the U.S. Constitution, while Paul Weiss reached a deal with officials to rescind the order against it.
Paul Weiss pro bono chief resigns
Steven Banks, head of the pro bono practice at Paul, Weiss, Rifkind, Wharton & Garrison, has announced his resignation to focus on representing the Coalition for the Homeless with the Legal Aid Society. His departure follows a recent agreement between Paul Weiss and the White House, allowing the firm to escape an executive order that threatened its operations. The deal required the firm to provide $40m in pro bono legal services. Banks, who joined the firm in 2022, expressed his desire to return to frontline legal work, saying: "This has been weighing on me since the November election." Paul Weiss acknowledged Banks' contributions and reiterated its commitment to impactful pro bono assistance.
EMPLOYMENT LAW
Costco and Iowa AG discuss DEI policies
Iowa Attorney General Brenna Bird has reportedly engaging in constructive discussions with Costco regarding the retailer's diversity, equity, and inclusion (DEI) policies. This follows a letter from Bird and 18 other GOP attorneys general urging Costco to end what they termed "unlawful discrimination" through its DEI practices. During the talks, Alyssa Brouillet, the AG's communications director, said: "The company reaffirmed its commitment to not discriminating based on race." The discussions come amid a broader political debate on DEI policies, particularly after President Donald Trump's directive to investigate such initiatives. Despite the pressure, Costco's shareholders overwhelmingly rejected a proposal to assess risks associated with DEI policies. The company says it remains committed to its non-discriminatory hiring practices.
LAWSUITS
BASF sues Duracell for allegedly stealing battery secrets
Berkshire Hathaway-owned Duracell faces a lawsuit from BASF for allegedly stealing trade secrets related to lithium ion battery technology. BASF claims that Duracell misappropriated proprietary processes while the companies were collaborating, causing "substantial and irreparable injury." The complaint highlights BASF's significant investment in developing high-performance cathode materials, which are essential for battery production. BASF's legal action follows its announcement to separate its battery chemicals business into autonomous units to enhance earnings. The case is titled BASF Corp. v. Duracell U.S. Operations Inc, filed in the U.S. District Court for Delaware.
CORPORATE
Call to halt OpenAI's for-profit restructuring
In California, over 50 nonprofits, led by LatinoProsperity and the San Francisco Foundation, have petitioned Attorney General Rob Bonta to investigate OpenAI's plans to transition from a nonprofit to a for-profit structure. The petition argues that OpenAI's shift prioritizes profits for a select few over its original mission to benefit humanity. OpenAI, which has grown to serve 50m weekly users of ChatGPT, is under scrutiny after its recent $40bn funding round led by SoftBank. The Japanese investment giant could reduce its stake if the company does not change its corporate structure by year-end. Orson Aguilar, chief executive of LatinoProsperity, emphasized the need for regulatory oversight, saying: “This is a kind of unprecedented conversion in terms of its size.”
APPOINTMENTS
Duane Morris expands with new talent
Five deal lawyers from Nelson Mullins have joined Duane Morris, including partners Andrew Tucker and Rebekah McCorvey, who lead a team of three associates in M&A and capital markets. They commenced their roles on March 20. The move reflects Duane Morris's ongoing effort to enhance its transactional capabilities, as the firm aims to balance its historically litigation-focused practice with increased deal-making activities.
Ryan Sears joins Ogletree Deakins
Ryan Sears has joined Ogletree Deakins as a shareholder in Washington. He brings expertise in defending clients against unfair labor practice charges and representation cases before the National Labor Relations Board. Additionally, he negotiates collective bargaining agreements and provides advice on labor injunctions, strikes, organizing campaigns, and arbitrations. Previously, Sears was with Morgan Lewis.
RISK
China is 'trying to recruit U.S. government employees'
The U.S. has issued a warning regarding deceptive recruitment tactics employed by Chinese intelligence targeting current and former U.S. government employees. The National Counterintelligence and Security Center said: "Foreign intelligence entities, particularly those in China, are targeting current and former U.S. government employees for recruitment by posing as consulting firms, corporate headhunters, think tanks, and other entities." The warning comes amid significant federal layoffs. The centre emphasized that individuals with security clearances must continue to protect classified information even after leaving federal employment.
INTERNATIONAL
Navigating global risks at LIDW25
London International Disputes Week (LIDW) has announced its 2025 Main Conference speaker line-up, led by keynote Joan Donoghue, the former president of the International Court of Justice (ICJ). This year’s theme for the event, which will take place on Tuesday 3 June at the Queen Elizabeth II Centre in Westminster, is Innovation in Dispute Resolution: Navigating Global Risks. The event will feature discussions on artificial intelligence, supply chain disputes, and ethical responsibilities in dispute resolution. Notable speakers include Lord Karan Bilimoria, Cherie Blair KC, and James Besley from Google DeepMind. Jonathan Cary, LIDW co-chair, said that the conference aims to "explore the key challenges and opportunities shaping global dispute resolution." LIDW25 runs from 2-6 June and also includes Monday’s International Arbitration Day, which will be hosted this year by Linklaters, Simmons & Simmons and Squire Patton Boggs.

 

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