In-house counsel try to keep up with Trump policy changes

Since his inauguration in January, President Donald Trump and his administration have wasted little time in pursuing dramatic policy shifts with immigration law, a sweeping use of tariffs in international trade and efforts to roll back DEI initiatives.

For in-house counsel in Indiana and around the country, it’s been challenging to keep up with the new administration’s fervent pace.

As of April 18, the Federal Register reported Trump had signed 129 executive orders since he took office in January.

By comparison, during Trump’s entire first term, he signed 217 orders over four years, with a high of 69 in 2020.

Lea Ann King, Toyota Material Handling, Inc.’s vice president of legal affairs and general counsel, said it feels at times like “regulatory whiplash” for the Columbus-based company’s in-house legal staff as they try to keep pace with new tariffs being announced or paused.

King said the company’s in-house attorneys have had to shift gears with the change in presidential administrations, in an effort to best support the business.

She acknowledged that Trump’s tariffs are causing the most angst for Toyota Material Handling.

“A lot of our parts are imported from Japan or other countries that would be subject to these reciprocal tariffs,” King said.

King said the company’s in-house counsel have gone into a meeting with executives prepared to talk about how to deal with certain tariffs and then find out two hours later the president has instituted a 90-day pause.

Indeed, since the start of February, there have been multiple twists and turns with the president’s proposed tariffs.

Trump signed an executive order Feb. 1 imposing tariffs on goods coming into the U.S. from Canada, Mexico and China.

From there, it accelerated, with the president signing an executive order March 26 for a 25% tariff on foreign-made autos and auto parts, to take effect April 3.

April 2, described by Trump as “Liberation Day,” saw Trump announce a baseline 10% tariff on all imports from all countries, with higher tariffs for some nations.

More than a week later, China raised its total retaliatory tariff on U.S. imports to 125%, with Trump issuing an order exempting cell phones and other tech products from the reciprocal tariffs and bringing China’s tariffs down to 20% on certain goods.

On April 9, Trump said he would pause for 90 days the reciprocal tariffs on most countries, excluding China after the country announced its own retaliatory tariffs on US goods.

Keeping pace

King said her company’s in-house counsel gives advice based on the current economic and legal circumstances.

“And if the situation changes, our advice will change,” King said.

That holds true for nonprofit organizations as well.

Tené Wright, general counsel for The Children’s Museum of Indianapolis, told The Indiana Lawyer that to keep up with the changes, the museum’s staff stays abreast of current events through media alert services, notices from professional associations, communications received directly from government agencies, and general news foreshadowing potential developments.

“We also review information from museum and other industry associations, consult with our outside counsel, and attend legal and other continuing education courses to stay informed of industry trends,” Wright said.

The Washington D.C.- based Association of Corporate Counsel has compiled a list of resources on its website, titled, “Navigating the New US Administration,” to help in-house counsel navigate the avalanche of new executive orders and policies coming from the White House.

Topics included in the ACC list include managing import and tariff risks, reducing supply chain issues and preparing for possible immigration audits and raids.

In the organization’s April 17 “Tariffs, Trade, and Supply Chains” bulletin, the ACC detailed how in-house legal departments can take proactive steps to mitigate risks and protect their businesses’ supply chain.

The group recommends asking in-house counsel ask questions like:

• What percentage of our raw materials, components, or finished goods are sourced from the affected countries?

• Can we diversify our supply chain to mitigate tariff exposure, and what would be the cost and timeline of doing so?

• Can we pass on tariff-related costs to customers without significantly affecting demand?

• What are the potential long-term strategic implications of these tariffs, and how should we adjust our business strategy?

Looking ahead

The uncertainty created by new tariffs and swift legal changes comes as in-house counsel were already dealing with the stress created by the expanding roles in their workplaces.

The Indiana Lawyer reported in December that, according to a 2024 survey by Axiom, 97% of the 300 survey respondents reported feeling stress and burnout in their in-house counsel roles.

In response to heightened feelings of burnout, the ACC created a toolkit to better support general counsel.

The kit, which is currently available to ACC members in its online resource library, is filled with guidelines to help lawyers meet the expectations of their roles while maintaining their mental and emotional well-being.

“It’s meeting the needs of the profession,” said Susanna McDonald, vice president and chief legal officer for the ACC, said at the time.

In terms of Trump’s second term, King said she thought most in-house counsel knew the pace of change would be atypical, compared to previous presidential administrations.

She said she thought the Trump administration would be more focused on deregulation, as opposed to the record number of executive orders issued by the president.

King said the changes in immigration law and enforcement are also top of mind with her company, which draws from a global talent pool.

“That remains something that is hitting us daily,” King said.

It remains to be seen whether the flow of executive orders will slow or U.S. trade policy, and tariff rates, will stabilize in 2025.

King said Toyota Material Handling has 12 team members on its in-house counsel staff.

She described navigating the torrent of legal changes as being “on top of our day job,” and added that for team members to maintain a sense of work balance requires ruthless prioritization.•