Scrappy or Strategic? Law Firm Decision-Making in Light of Executive Orders

Abstract

Some of President Donald J. Trump’s early 2025 Executive Orders targeted specific law firms.  These Executive Orders have created a stir within our legal community.  Why did some firms fight those Executive Orders and other firms agree to quick settlements with the Trump administration?  In this article, I use some rudimentary concepts taken from game theory (as in, “I won’t use numbers or mathematical proofs,” so I expect actual game theorists to roll their eyes at my analysis) to analyze two games:  the game of “who within the firm will decide whether to fight or settle” and the game of “whether our firm should fight or settle.”  I conclude that Paul, Weiss’s decision to settle with the Trump administration was a foregone conclusion, given the structure and values of BigLaw, and that the other firms that settled were factoring in that a united front was a pipe dream.