Addressing Risks from Jenner & Block

March 25, 2025

Executive Orders

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Action Summary

Background & Purpose: Addresses risks posed by law firms—particularly “Big Law”—whose practices threaten public safety, national security, constitutional freedoms, and the integrity of American elections. Focuses on curbing detrimental activities, including the misuse of pro bono practices and misallocation of clients’ funds.
Targeting Jenner & Block: Highlights unethical practices by Jenner & Block such as partisan lawfare, support for controversial positions on gender and immigration, and discriminatory employment practices. The order criticizes the firm for re-hiring individuals like Andrew Weissmann, whose past conduct is viewed as abusive and politically motivated.
Security Clearance Review: Directs the Attorney General, Director of National Intelligence, and relevant agency heads to suspend active security clearances for individuals at Jenner pending a review. Also mandates the cessation of any government-provided goods, materials, or services to Jenner where legally permissible.
Government Contracting Restrictions: Requires federal contractors to disclose any business dealings with Jenner. Agencies must review and, where permitted by law, terminate contracts involving Jenner or related entities. An assessment of such contracts is to be submitted to the Office of Management and Budget within 30 days.
Racial Discrimination: Ensures that the measures in this order do not conflict with actions addressing racial discrimination as established in Executive Order 14230.
Personnel Measures: Provides guidance to limit federal building access and official interactions with Jenner employees, including Andrew Weissmann, to protect national security. Agencies are advised against hiring Jenner employees without a waiver confirming no threat to national interests.
General Provisions: Affirms that the order does not impair existing executive authority or rights. Implementation is subject to applicable laws, appropriations, and does not create enforceable procedural rights for any external parties.

Risks & Considerations

The Executive Order targets law firms like Jenner & Block for engaging in activities deemed detrimental to American interests, which could lead to increased scrutiny and regulatory actions against similar institutions. This may affect Vanderbilt University’s legal partnerships or collaborations with law firms.
There is a risk of reputational damage if Vanderbilt is associated with any law firms or entities that are under investigation or scrutiny due to this order. The university may need to reassess its legal affiliations and ensure compliance with federal guidelines.
The order’s emphasis on racial discrimination and the requirement for government contractors to disclose business with Jenner could impact Vanderbilt’s contracting processes, especially if any of its partners are involved with Jenner.
Vanderbilt may need to review its hiring practices and ensure that any legal counsel or advisory services are not linked to firms under federal investigation, to avoid potential conflicts with national security interests.

Impacted Programs

Vanderbilt Law School may need to adjust its curriculum or advisory services to address the legal and ethical implications of the Executive Order, particularly in areas related to national security and discrimination.
The Office of General Counsel at Vanderbilt might need to conduct a thorough review of all legal partnerships and contracts to ensure compliance with the new federal guidelines.
Vanderbilt’s Human Resources Department may need to update its policies regarding the hiring of legal professionals to align with the Executive Order’s stipulations on personnel from scrutinized law firms.

Financial Impact

The Executive Order could lead to changes in federal funding or contracts if Vanderbilt is found to be associated with any entities under investigation. This may necessitate a reevaluation of funding strategies and partnerships.
There may be increased costs associated with compliance and legal reviews to ensure that Vanderbilt’s operations align with the new federal mandates.
Opportunities for federal grants or contracts could be affected if Vanderbilt’s partners are involved with law firms like Jenner, potentially impacting research funding and collaborative projects.

Relevance Score: 4 (The order presents a need for potential major changes or transformations of programs.)

Key Actions

Vanderbilt’s Legal Department should review any existing or potential contracts with Jenner & Block LLP to ensure compliance with the new executive order. This includes assessing any indirect relationships through third-party vendors or partners that may have ties to Jenner.
The Office of Federal Relations should monitor developments related to the suspension of security clearances and contracting reviews involving Jenner & Block LLP. Understanding these changes will be crucial for maintaining compliance and anticipating any shifts in federal contracting policies that could affect the university.
Human Resources should evaluate hiring practices to ensure that any potential hires from Jenner & Block LLP are in line with the new federal guidelines, particularly concerning national security considerations.

Opportunities

Vanderbilt can leverage this executive order to strengthen its compliance and risk management frameworks. By proactively aligning with federal priorities, the university can enhance its reputation as a responsible and forward-thinking institution.
The order presents an opportunity for Vanderbilt’s Law School to engage in research and dialogue about the implications of law firms’ roles in national security and public policy. This could include hosting symposiums or publishing papers that explore the balance between legal advocacy and national interests.

Relevance Score: 3 (Some adjustments are needed to processes or procedures to ensure compliance with the executive order and to capitalize on research opportunities.)

Average Relevance Score: 4

Timeline for Implementation

Immediate Implementation: The directive in Section 2 requires agencies to “immediately” take steps to suspend security clearances.
30-Day Deadline: Under Section 3(b), agencies must submit an assessment of contracts with Jenner or related entities within 30 days of the order’s issuance.

Relevance Score: 5

Impacted Government Organizations

Attorney General (Department of Justice): Tasked with suspending and reviewing security clearances held by individuals associated with Jenner.
Director of National Intelligence: Charged with assisting in the review of security clearances to ensure alignment with national security interests.
Heads of Executive Departments and Agencies: Required to direct actions such as halting government provision of goods, services, and contracts to Jenner, and restricting official engagements with the firm.
Office of Management and Budget (OMB): Responsible for identifying government support provided to Jenner and overseeing an assessment of affected contracts.
Government Contracting Agencies: Must require disclosure of business dealings with Jenner and review existing contracts for compliance with this executive order.
Office of Personnel Management: Involved in providing guidance on federal hiring practices concerning personnel from Jenner.

Relevance Score: 3 (Multiple Federal Agencies and departments are directly impacted by the directives in the order.)

Responsible Officials

Attorney General – Tasked with suspending security clearances for individuals at Jenner pending a review.
Director of National Intelligence – Responsible for taking steps to suspend security clearances held by Jenner-associated individuals.
Heads of Executive Departments and Agencies – Instructed to halt or review government support and contracts with Jenner; to identify and cease provision of government goods and services to Jenner as applicable; to provide personnel guidance limiting interactions and hiring involving Jenner employees.
Office of Management and Budget – Charged with identifying all government property, materials, services provided to Jenner and collecting assessments from agencies regarding contracts with Jenner.
Director of the Office of Personnel Management – To be consulted on waiver processes concerning the employment of Jenner personnel, ensuring national security is maintained.
Government Contracting Agencies – Required to mandate disclosure by Government contractors regarding any business with Jenner.

Relevance Score: 5 (Directives impact high-level officials including Cabinet members and agency heads, with far-reaching implications for national security and government contracting practices.)