The relative calm between the White House and the major law firms that settled with it in 2025 has given way to a behind-the-scenes legal fight, with the Justice Department subpoenaing thirteen firms and seeking depositions from their leaders. The dispute grew out of a June lawsuit by the American Bar Association aimed at halting the administration’s campaign against law firms; as part of that case, the association sought White House records concerning Trump’s personal attorney, Boris Epshteyn, who negotiated the deals despite not being a government employee. After moving to block those requests, the department turned around and demanded the same category of material from the firms themselves — all communications with Epshteyn, plus anything touching on how the agreements have been implemented or monitored.

The firms have reportedly been unsettled by the demands and have retained outside Washington counsel. Those that settled face a particular bind: challenging the subpoenas risks provoking an executive order, according to people cited in the piece. Some lawyers involved suspect the department wants the firms to lean on the bar association to abandon its suit; others find it puzzling that the administration would invite more scrutiny of Epshteyn, who has been a source of internal concern since allegations during the 2024 transition that he solicited payments from would-be appointees — claims he denied, and which prompted a warning from the incoming White House counsel described in a new book by Times reporters. The deposition list spans the heads of the nine firms that settled, among them Kirkland & Ellis, Latham & Watkins, Skadden, and Milbank, along with leaders of the four firms that fought the orders in court and prevailed.

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