1. Home
2. Daily News
3. ‘Is this a throwback to the McCarthy era?’…

Law Firms

‘Is this a throwback to the McCarthy era?’ Judges consider injunction bids by firms targeted in Trump orders

By Debra Cassens Weiss

April 24, 2025, 10:57 am CDT

Two federal judges sharply questioned a government lawyer Wednesday as they considered bids by Perkins Coie and Wilmer Cutler Pickering Hale and Dorr to permanently enjoin executive orders that target them and their clients.

“Is this a throwback to the McCarthy era, the Red Scare era?” asked U.S. District Judge Beryl A. Howell of Washington, D.C., in the Perkins Coie case. Howell was questioning Department of Justice lawyer Richard Lawson, according to Law360.

Publications with coverage, in addition to Law360, include the New York Times, Reuters, Bloomberg Law and Law.com (here and here).

Lawson argued for the government in the cases before Howell and U.S. District Judge Richard J. Leon, both of whom are located in the District of Columbia.

Perkins Coie and WilmerHale are among four law firms that filed lawsuits to challenge the executive orders that typically seek the suspension of lawyers’ security clearances; restrict their access to government buildings; and call for termination of government contracts for which the firms were hired to provide services, including clients’ government contracts.

Targeted firms have represented clients and worked on causes opposed by President Donald Trump.

Howell asked the “throwback” question after noting a declaration from a former Department of Defense official who oversaw security clearances. He said a blanket suspension of clearances, as called for in the executive orders, “harkens back to the repudiated and discredited programs,” including the Red Scare.

Arguing for Perkins Coie, Dane H. Butswinkas, a partner at Williams & Connolly, said Trump’s actions stem from “the playbook of authoritarianism,” according to Bloomberg Law.

“This is exactly the kind of conduct the Constitution forbids,” Butswinkas said.

Butswinkas said the executive orders targeted lawyers who are no longer with the firms, according to Law.com.

“It sounds more like national insecurity than national security,” he said.

In the hearing before Leon, Lawson said the orders are a valid exercise of executive function rather than punishments for First Amendment activities.

Leon questioned that assertion, Law360 reports.

“It’s pretty clear it’s retaliation,” Leon said, “at least to this court.”

Arguing for WilmerHale, Paul D. Clement of Clement & Murphy said the executive orders “are a direct and lethal threat to an independent bar,” according to Law360.

“The signal it sends to the whole bar is, ‘Watch out,’” Clement said.

Nine firms have reached deals with Trump to avoid executive orders. The deals typically provide that the firms will provide pro bono services for projects mutually supported by the firms and Trump. Amounts of pro bono pledged range from $40 million to $125 million.

Above the Law has created a list of firm actions in response to the Trump administration in its “BigLaw Spine Index.”

See also:

Revoking security clearances includes due process, which is not being followed, says whistleblower lawyer

Write a letter to the editor, share a story tip or update, or report an error.

1. Home
2. Daily News
3. ‘It’s Time for You to Leave’: More immigration…

Immigration Law

‘It’s Time for You to Leave’: More immigration lawyers get notices to self-deport

By Debra Cassens Weiss

April 25, 2025, 9:32 am CDT

Immigration lawyers outside Massachusetts are also receiving notices to self-deport, despite their U.S. citizenship.

Among the lawyers receiving notices are Austin, Texas, lawyer Hubert Montoya and Salt Lake City lawyer Carlos Trujillo, according to Fortune, KTVX and the Utah News Dispatch.

“It’s time for you to leave,” the notices said.

Immigration lawyers in Ohio, Arizona, Michigan and Pennsylvania have also reported receiving the notices, according to the Utah News Dispatch.

Montoya told Fortune that he laughed when he received the notice.

“I just thought it was absurd,” he said.

Trujillo told the Utah News Dispatch that he has advocated for the immigrant community, but he refuses to think that it is the reason for the notice.

“It probably was a mistake, and I love this country so much that I think my first inclination is just to believe that and leave it at that,” he said.

The notices are part of a what appears to be a mass email campaign telling immigrants that the immigration parole allowing them to temporarily live in the United States has been revoked, according to the Utah News Dispatch.

The U.S. Department of Homeland Security is canceling paroles that allowed people who entered the United States using an online appointment app to remain in the country for two years, according to previous reporting by the Associated Press. The Trump administration has suspended use of the app.

The Department of Homeland Security sent notices to email addresses provided by the immigrants, including, in some cases, email addresses of U.S. citizens they listed as contacts, according to a statement by U.S. Customs and Border Protection. Some of the notices may have been sent to lawyers and other unintended recipients, the agency told Fortune.

The notices being sent are not limited to people who used the appointment app, according to a Customs and Border Protection statement cited by the Utah News Dispatch.

Write a letter to the editor, share a story tip or update, or report an error.

1. Home
2. Daily News
3. After US prosecutors mistakenly file confidential…

Trials & Litigation

After US prosecutors mistakenly file confidential memo, is their challenge to congestion pricing doomed?

By Debra Cassens Weiss

April 28, 2025, 9:51 am CDT

Federal prosecutors have been kicked off a challenge to congestion pricing in New York City after they mistakenly filed a confidential memo saying the government is “very unlikely” to be successful.

The U.S. attorney for the Southern District of New York will be replaced on the case by the U.S. Department of Justice’s Civil Division, according to a statement by the U.S. Department of Transportation.

Law360, Courthouse News Service, ABC News and the New York Times (here and here) have coverage.

“Are SDNY lawyers on this case incompetent or was this their attempt to resist?” the Transportation Department said in a statement cited by news media. “At the very least, it’s legal malpractice. It’s sad to see a premier legal organization continue to fall into such disgrace.”

The U.S. attorney’s office said in a statement the court filing “was a completely honest error and was not intentional in any way. Upon realizing the error, we immediately took steps to have the document removed.”

The confidential memo dated April 11 said there is “considerable litigation risk” in defending efforts by Sean Duffy, the secretary of the Transportation Department, to block the congestion pricing program using an argument that it was not statutorily authorized.

The Federal Highway Administration might be able to properly end the program, however, under regulations concerning the termination of cooperation agreements that no longer further agency priorities, the memo said.

U.S. District Judge Lewis J. Liman of the Southern District of New York said in an April 24 order the mistaken filing raises two questions. The first is whether there is sufficient basis to seal the document after it was published by media outlets. The second is whether the mistaken disclosure waives the applicable attorney-client privilege.

Liman, an appointee of President Donald Trump during his first term, is temporarily keeping the memo under seal and is asking for parties’ responses with due dates of May 2 and May 7.

Disclosure of the memo is “a lawyer’s nightmare,” but it is unlikely to be a deciding factor in the case, said Eric A. Goldstein, a senior attorney with the Natural Resources Defense Council, a nonprofit environmental advocacy group that supports congestion pricing, in an interview with the New York Times.

Little in the memo was surprising, and Liman, the judge in the litigation, is already familiar with the issues after hearing four other challenges to congestion pricing, Goldstein said.

Corey Bearak, a lawyer who opposes congestion pricing, told the New York Times that the Trump administration should consider other ways to challenge the program, including by joining litigants fighting congestion pricing in state court.

Write a letter to the editor, share a story tip or update, or report an error.

1. Home
2. Daily News
3. Acting US attorney once orchestrated Facebook…

Prosecutors

Acting US attorney once orchestrated Facebook posts criticizing judge presiding in his case, report says

By Debra Cassens Weiss

April 28, 2025, 11:12 am CDT

The acting U.S. attorney in Washington, D.C., formerly helped ghostwrite posts criticizing a judge presiding in a civil case in which he was the defendant, according to lawsuit documents cited by ProPublica.

U.S. attorney nominee Edward R. Martin Jr. helped his associate, Priscilla Gray, write the posts that began in 2016 after the Illinois judge “dealt Martin a major setback in the case,” according to the report by ProPublica, noted by Bloomberg Law’s Wake Up Call. Martin is filling the U.S. attorney for the District of Columbia position on an acting basis.

Gray’s posts on the judge’s Facebook page called the judge a “politician” with the “lowest rating for a judge in Illinois.”

Martin had urged Gray to call the judge’s actions “unfair and rigged over and over,” according to ProPublica. He also urged Gray to privately message the judge, the article reports.

The judge was presiding in a case seeking to oust Martin from association with a grassroots group that he once headed, the Eagle Forum. The plaintiff was Anne Schlafly Cori, an Eagle Forum board member who was the daughter of the group’s founder, Phyllis Schlafly.

The truth about Martin’s involvement in the criticism “emerged as Cori’s lawyers gathered evidence for her lawsuit,” according to ProPublica.

President Donald Trump has nominated Martin, who has no prosecution experience, to remain in the U.S. attorney position. Martin did not respond to ProPublica’s requests for comment. Gray also declined to comment to the publication.

Andy Schlafly, a former Eagle Forum board member who supported Martin, told ProPublica that Gray “speaks for herself” and had every right to express her outrage. He also said no court has ever sanctioned Martin for his “First Amendment advocacy.”

Write a letter to the editor, share a story tip or update, or report an error.

1. Home
2. Daily News
3. Insurance case is ‘but a speck in the recesses…

Judiciary

Insurance case is ‘but a speck in the recesses of interstellar space,’ high-profile appeals judge writes

By Debra Cassens Weiss

April 28, 2025, 3:07 pm CDT

In a span of less than a week, a conservative federal appeals judge has written two opinions that are getting attention—for taking a tough stand against the mistaken deportation of an immigrant in one case and for waxing philosophical in another case.

In an April 17 opinion, Judge J. Harvie Wilkinson III took the Trump administration to task for “asserting a right to stash away residents of this country in foreign prisons without the semblance of due process.”

Wilkinson wrote the “blistering” opinion for the 4th U.S. Circuit Court of Appeals at Richmond, Virginia, in the case of Kilmar Armando Abrego Garcia of Maryland, according to the New York Times.

Abrego Garcia was deported to a prison in El Salvador in Central America because of an “administrative error.” The case is Abrego Garcia v. Noem.

Now, Wilkinson is getting attention once again for an April 23 opinion in an insurance dispute involving a man on a lawn mower struck and killed by an underinsured motorist, according to Above the Law and the Judicial Notice newsletter at Original Jurisdiction.

The 4th Circuit held that the man’s estate was entitled to $150,000 under the plain terms of the man’s underinsured motorist coverage—and nothing more.

Wilkinson engaged in “existential, metaphysical musings” at the end of his opinion, according to Judicial Notice.

Here is what Wilkinson wrote: “What after all does it matter? A single, seemingly ordinary, rather technical insurance case. One among the many hundreds of rulings judges make each year.

“What does it matter? A case but a speck in the recesses of interstellar space and in the four-plus billion years since our solar system’s birth. What does it matter, this case deserted by both space and time?

“To be human is to live in the here and now. This small case extracts courageous meaning from the vast impersonality in which it resides. Its immediacy confounds infinity; its passions light the dark. We have given it our best; the litigants have given it their best. The trial court has done the same. We do not overlook for a moment the tragic passing of the insured but neither can we ignore the contract under South Carolina law that defines the insurer’s obligation.”

The insurance case is Owners Insurance Co. v. Walsh.

Wilkinson, 80, was appointed to the 4th Circuit by former President Ronald Reagan, the New York Times reports in a story about his background. He is the “son of a patrician Virginia banker,” an Army veteran and a law grad of the University of Virginia.

He delayed his legal education after one year to unsuccessfully run for Congress in 1970 as a Republican. After law school, he worked as a law professor and in the U.S. Department of Justice.

On the bench, the New York Times reports, Wilkinson has “a long track record of conservative rulings under his belt, having criticized rulings establishing abortion rights while writing approvingly of a broad conception of presidential power.”

Write a letter to the editor, share a story tip or update, or report an error.

1. Home
2. Daily News
3. Firm failed to honor exit package after retaliating…

Law Firms

Firm failed to honor exit package after retaliating for bias complaint, former BigLaw partner alleges

By Debra Cassens Weiss

April 29, 2025, 10:53 am CDT

A former salaried partner at Womble Bond Dickinson has filed a lawsuit alleging that the law firm cut her pay by half and offered her an exit package—which it didn’t honor—after she complained about a hostile work environment.

The April 25 suit filed by Wilka Toppins alleges race and gender discrimination, retaliation, misrepresentation and breach of contract.

Law360 has a story on the suit, filed in Harris County, Texas.

Toppins, who is Hispanic, said she accomplished “a great deal of origination and a large book of business” after she began work at the firm’s Houston office in November 2021, despite receiving inadequate support.

For a majority of her time at the firm, Toppins “had no associate help and no secretarial help,” the suit said. She was also subjected to a “very hostile work environment” by firm members and support staff in her corporate and securities practice group, according to the suit.

“The disparity in treatment included not providing sufficient support, attempting to take away plaintiff’s immigration clients and business, speaking to plaintiff in a derogatory and condescending manner, and failing to fulfill basic promises to her,” the suit said.

Toppins was the only Hispanic female in the entire firm at the time of her hiring, according to the suit.

After Toppins complained, the firm said it would investigate. Eventually, Toppins was told that the firm found that she was subjected to a hostile work environment, but it was not because she was a member of a protected class.

A pattern of retaliation followed, the suit said. Toppins’ pay was cut from $350,000 to $175,000, and she was told that if she did not like the new salary, the firm would be happy to “transition her off,” according to the suit.

After Toppins sought restoration of her pay, Womble Bond Dickinson offered her an exit package consisting of a 10% referral agreement, a contract position for immigration work and a severance agreement. Relying on the agreement, Toppins resigned in January 2024.

The firm then failed to honor the agreement under the exit package, the suit said.

A spokesperson for Womble Bond Dickinson did not immediately respond to the ABA Journal’s request for comment made in an email and a voicemail.

Write a letter to the editor, share a story tip or update, or report an error.

1. Home
2. Daily News
3. Vacation, mistaken filing led to order to…

Trials & Litigation

Vacation, mistaken filing led to order to show cause, lawyers for MyPillow CEO say

By Debra Cassens Weiss

April 29, 2025, 2:29 pm CDT

Human error led lawyers representing MyPillow CEO Mike Lindell to file a draft document with incorrect case citations instead of the final version, according to a response to a federal judge’s order to show cause.

The lawyers didn’t realize that they had filed the wrong document, an early draft without corrections, until questioning 55 days later by the judge, according to their April 25 response.

Law360 has the story.

U.S. District Judge Nina Y. Wang of the District of Colorado had ordered the lawyers on April 23 to show cause why they shouldn’t be referred for discipline. Wang said she identified “nearly 30 defective citations” of cases, including citations to cases that don’t exist, in the lawyers’ Feb. 10 brief.

Lawyer Christopher I. Kachouroff said in a declaration his co-counsel filed the draft document instead of the final version that they “had carefully cite-checked and edited.” At the time, Kachouroff was on a one-week vacation to Mexico, where there were “limitations on internet service.”

But what happened wasn’t clear, Kachouroff said, when he was questioned in court by Wang. Kachouroff was “taken by complete surprise” because he was unaware of the mistake, he said in the declaration.

“In the face of the court’s detailed questioning, I was utterly flustered and embarrassed, and due to my ignorance of what was going on, found myself at a loss for words,” Kachouroff said.

Kachouroff said he routinely uses artificial intelligence to analyze the structure and the logic of legal arguments. He does not, however, rely on AI to do legal research or find cases.

“Regardless of whether I use AI in a particular pleading,” he wrote, “I always conduct verification of citations before filing.”

Kachouroff and his co-counsel, Jennifer T. DeMaster, are seeking leave to replace the draft document with the correct one.

Lindell is being sued for defamation by Eric Coomer, a former executive with Dominion Voting Systems. He alleges that Lindell and his related companies are “among the most prolific vectors of baseless conspiracy theories claiming election fraud in the 2020 election.”

Lindell allegedly amplified false allegations that Coomer may have been involved in a rigged election and a criminal conspiracy, leading to “credible death threats” against him and banishment from the elections industry, Coomer’s second amended complaint alleges.

Write a letter to the editor, share a story tip or update, or report an error.

A coalition of 24 states and Washington, D.C., is suing the Trump administration, claiming that it unlawfully dismantled the AmeriCorps grant program, an independent federal agency that funds volunteer efforts throughout the United States. The lawsuit came in response to billionaire Elon Musk’s so-called Department of Government Efficiency (DOGE) cutting the agency’s funding by $400 million and terminating about 85% of its workforce as part of the administration’s ongoing efforts to gut the federal bureaucracy.

States joining the filing include California, Colorado, Illinois, Massachusetts, New York, New Jersey, and Michigan.

In the 69-page complaint, the state attorneys general state that the administration’s stripping of resources is an “unlawful effort to dismantle AmeriCorps” that usurps the power of the legislative branch by rendering the agency ineffective and unable to pursue the goals set forth and funded by Congress.

“The Administration’s abrupt decision to dismantle AmeriCorps flouts Congress’s creation of AmeriCorps and assignment of agency duties; usurps Congress’s power of the purse and thereby violates the Constitution’s separation of powers; and arbitrarily and capriciously — without any reasoned analysis — vitiates the agency’s ability to function consistent with its statutory mission and purpose,” the 69-page complaint states. “It also violates a provision of AmeriCorps’ statutory appropriation that requires the agency to make ‘significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking.’”

The suit asserts that if the Trump administration wants to put an end to the agency, it is “free to ask Congress” to do so, but the executive branch “cannot simply terminate the agency’s functions by fiat or defund the agency in defiance of administrative procedures, Congressional appropriations, and the Constitutional separation of powers.”

“The Executive Branch violates the Take Care Clause where it declines to execute or otherwise undermines statutes enacted by Congress and signed into law or duly promulgated regulations implementing such statutes,” the attorneys general wrote, adding, “The President is without authority to set aside congressional legislation by executive order.”

California Attorney General Rob Bonta said that Trump and Musk’s actions in “turning away tens of thousands of volunteers who want to serve their communities” were “unlawful,” in a news briefing on the lawsuit Tuesday afternoon.

“May you live in interesting times.” For immigration lawyers, that old proverb is now a reality. Ever since the start of the second Trump administration, immigration lawyers have been busier than ever.

Whether it is dealing with Immigration and Customs Enforcement raids, deportations, executive orders slowing down the visa process, limiting birthright citizenship, rescinding Obama- and Biden-era immigration policies, or nervous clients worried about what the new regime might mean for them, immigration lawyers have plenty on their plates.

Technology, particularly generative artificial intelligence, can help with some of that increased workload.

In this episode of the Legal Rebels Podcast, Greg Siskind, an immigration lawyer and a tech enthusiast, talks to the ABA Journal’s Victor Li. They talk about how tech can help immigration lawyers work more efficiently, as well as just how much has changed in the immigration landscape since January.

Siskind is a founding partner at the law firm Siskind Susser and a co-founder of Visalaw.ai, a tech company that creates AI-powered software for immigration lawyers. He is also a 2024 ABA Journal Legal Rebel.

See also:

How technology can improve immigration policy and practice