Firms That Did Trump Deals Forgot They Were Law Firms, Says Prof

Oct. 28, 2025, 4:59 PM UTC

On this episode of our podcast, On The Merits, we take another look at the reasoning behind the deals law firms struck with the Trump administration earlier this year to avoid punitive executive orders.

Listen here and subscribe to On The Merits on Apple Podcasts, Spotify, Megaphone, or Audible.

We previously heard from Yale Law School professor John Morley, who said these firms had no choice because an executive order could have kickstarted a devastating run on the partnership. Today’s podcast guest sees it differently.

David McGowan, a professor at the University of San Diego School of Law, says the firms that settled did so because they forgot the unique role they play in the American justice system and, instead, see themselves as more of business venture.

“To me, the firms that have come to terms with the administration are signaling that, at their essence, they are financial services, financial adviser companies,” he said. “I don’t think that that is a given. I think that that is a choice.”

Do you have feedback on this episode of On The Merits? Give us a call and leave a voicemail at 703-341-3690.


To contact the reporter on this story: David Schultz in Washington at dschultz@bloomberglaw.com

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