Trump’s D&I crackdown expands: A&O Shearman, Freshfields and Hogan Lovells among latest law firm targets

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By Sophie Dillon on

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20 major outfits face probe


The Trump administration has dramatically escalated its war on diversity in the legal profession, targeting 20 top US and international law firms, including some of the most recognisable names in London, over their diversity, equity and inclusion (DEI) policies.

A&O Shearman, Freshfields Bruckhaus Deringer and Hogan Lovells are among those now facing probes by the US Equal Employment Opportunity Commission (EEOC), in what many are describing as coordinated political push to dismantle DEI initiatives across the profession.

It comes just days after Trump signed an executive order isolating law firms that the administration views as hostile to its interests, citing their DEI policies and historic representation of clients critical of the government. The move follows similar action against firms like Perkins Coie and Paul Weiss. It stands accused of “manufacturing” prosecutions against the former president.

“Global law firms have for years played an outsized role in undermining the judicial process,” the executive order reads. “My administration will no longer support taxpayer funds sponsoring such harm.”

The latest attack involves 11-page letters sent to firms from the EEOC, demanding detailed information about hiring practices, compensation, and client requirements relating to diversity. The letters suggest that some DEI initiatives may amount to unlawful discrimination and making clear there is “no ‘diversity’ exception” to the law.

Andrea Lucas, the EEOC’s acting chair, said: “No one is above the law — and certainly not the private bar.”

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Other firms under scrutiny include Kirkland & Ellis, Latham & Watkins, Skadden, Ropes & Gray, Sidley Austin, and White & Case. Many of the firms, while not commenting publicly, are reportedly consulting counsel and bracing for further escalation.

Meanwhile, the legal community is beginning to push back. Thousands of associates from across the affected firms have signed an open letter condemning what they describe as intimidation tactics from the administration.

“The Trump administration’s message is loud, clear, and twofold,” states an open letter coordinated by Skadden associate Rachel Cohen. “First, firms that represent those who oppose the administration’s agenda will be punished… Second, the administration will target more large law firms until the industry complies.”

The letter continues: “They create a culture of fear and make our private-sector employers an extension of the Executive, subject to penalties unless the president approves of their clients and arguments.”

8 Comments

Cute and Funny LLP

Turns out discrimination is bad for business!

Anonymous

Good on him. He has a massive mandate.

constit

not how separation of powers works <3

Fatty of Counsel

It is time for the sleeping giant of the Commonwealth, starting with CANZUK, to form an alliance with the European Union (which hopefully we will re-join).

Together, as a voice for sanity in the world, we can overcome the madness that seems to be gripping the superpowers now.

The Commonwealth is family. Some are far away and we don’t always agree on everything, but we have so much in common.

Europe is our neighbour who we have become so close to that they are like family. We need each other.

America is the friendly neighbourhood shopkeeper. Happy to give you a smile as long as there’s money to be made from you.

Russia is the failed businessman who gets drunk and tries to break into your house.

Canadian of counsel 🇨🇦 🇬🇧 🇫🇷 🇪🇺 🇺🇦

This 👆

“God save our King and heaven bless the Maple Leaf forever!”

🍁

Scouser of Counsel

Diversity schemes don’t unfairly advantage women and minorities.

Think of it like this.

Your white middle class male is like someone who is tall and already has a good view out of a high window.

The non-white person and/or female is like someone who is too short to see out of the window.

A diversity scheme is like giving that person a free footstool. They both end up with the same view out of the window.

The first person is not disadvantaged in any way but the benefits make the world a better place.

A

Except there are 10 tall applicants and 2 short ones, and 2 short ones and 2 tall ones get the job, despite half the tall applicants being even taller that the short ones on a stool

Imagery police

You’re describing equity, which is what is needed when someone has an intrinsic disadvantage (eg disability).
DEI schemes don’t even do that. They just take people who are just as good but were (on average) discriminated against much more.

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