Lawyers in Trump cases seek fees under EAJA

11:34 |

The Afternoon Docket

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By Caitlin Tremblay

What's going on in the legal industry this week?

Facing DEI pressures, some law firms shield data in latest diversity survey ... 98-year-old Federal Circuit Judge Pauline Newman lost another challenge to her suspension ... and the lawyers behind the $1.5 billion Anthropic settlement slashed their fee bid after pushback from the judge.

Plus, all the latest lawyer moves in Career Tracker.

Lawyers in Trump cases seek to recoup fees under Equal Access to Justice Act

U.S. President Donald Trump holds a cabinet meeting at the White House in Washington, D.C., U.S., March 26, 2026. REUTERS/Evelyn Hockstein

A law that benefits plaintiffs in some cases against the federal government could take on new prominence as lawsuits against the Trump administration begin reaching their conclusions and prevailing lawyers seek taxpayer-funded fees.

The 1980 Equal Access to Justice Act allows individuals and small organizations to recover limited legal fees from the federal government if they win a final judgment in their case and the government's position was not "substantially justified."

Last week, prominent appellate lawyer Paul Clement and law firm Jenner & Block asked a federal judge in Massachusetts to award more than $529,000 in fees in a lawsuit they brought on behalf of the Association of American Universities against the U.S. Department of Defense. Clement and Jenner & Block's Lindsay Harrison asked the court to award fees at $500 an hour, arguing that "distinctive knowledge and specialized skills were necessary to litigate this suit on an abbreviated timeline." Clement last year was charging $2,650 an hour for his legal work.

The statutory hourly rate for EAJA fees is generally $125 an hour but can be adjusted for cost of living and other factors, including the limited availability of qualified attorneys. Read more in this week's BIllable Hours.

Industry updates

Career Tracker

In New York:

A former federal prosecutor in the Eastern District of New York, John Durham joined Nixon Peabody as a partner in the firm's government investigations and white-collar defense practice … Dechert added IP partner Anish Desai from Paul Weiss … Fenwick & West hired Alex Rea as a partner in its startup and venture capital practice from Goodwin … Daniel Nam joined King & Spalding's corporate practice as a partner from White & Case … Simpson Thacher added two restructuring partners from Kirkland: Brian Schartz and John Luze.

In D.C.:

David Ogden, a former top DOJ official during the Obama administration, left WilmerHale to join Democracy Defenders Fund … Kristen Clarke, who led the DOJ's civil rights division under President Biden, joined the NAACP as general counsel … IP partner Priyata Patel joined Dechert from Paul Weiss … Cheryl Isaac moved to Alston & Bird's financial services group from K&L Gates … Simpson Thacher added Christian Albanesi as an international disputes and arbitration partner from Linklaters.

In Boston:

Life sciences partner Kathleen Kean moved to Morrison Foerster in Boston from Goodwin … Nixon Peabody added Ruth Mattson as partner in its private clients practice from Verrill.

In Chicago:

Steptoe added Vincent Schmeltz III as a partner in its white-collar defense and compliance practice from Barnes & Thornburg … Derek Smith joined Barnes & Thornburg's product liability and mass torts practice as a partner from Venable.

Across other cities:

Akin hired Margaret Maraschino as a litigation partner in Los Angeles from Munger Tolles & Olson … Siobhan Cole moved to Holland & Knight's litigation practice in Philadelphia from White & Williams ... Patent partner Stuart Nelson left Fish & Richardson in Minneapolis for Norton Rose Fulbright … Tax partner Mark Miller returned to Bradley in Nashville from Holland & Knight … Phyllis Young joined Eversheds Sutherland in Houston as head of Texas finance from McGuireWoods … Vinson & Elkins opened a new office in Brussels with antitrust partner May Lyn Yuen from Hogan Lovells … Morgan Lewis added a five-lawyer international trade and investigations team in Paris from Hughes Hubbard, led by partners Marie-Agnès Nicolas and Anne Gaustad-Hanken.

Firm leadership:

Morgan Lewis elected David McManus as its next chair.

Contact

Caitlin Tremblay

caitlin.trembay@thomsonreuters.com

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