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Defense Firms Seek Legal Counsel After Trump Order Ties Payouts to Performance

Congressional leaders signal codification may be needed to withstand court challenges.

U.S. President Donald Trump looks on as he signs executive orders and proclamations in the Oval Office at the White House, in Washington, D.C., U.S., May 5, 2025. REUTERS/Leah Millis/File Photo

Overview

  • Executives at major contractors contacted attorneys on the order’s enforceability and potential court fights, according to industry sources and lawyers.
  • The directive requires the Pentagon to flag underperformers within 30 days, gives 15 days for board‑approved remediation plans, and links executive incentives to on‑time delivery and higher output.
  • Future contracts will restrict buybacks, dividends, and executive compensation for poor performance, with possible penalties including payment withholds or terminations that attorneys say could be litigated.
  • Defense stocks fell after Trump’s posts but recovered following his $1.5 trillion FY2027 budget request, while Morgan Stanley estimates show roughly $8 billion in dividends and $10 billion in buybacks over the past year at major firms.
  • Public statements ranged from support or neutral responses by Kratos, Lockheed Martin, and HII to private concerns about investor reactions, with L3Harris telling employees the moment will require increased investment.