US EditionUS Federal Trade Commission warns law firms about DEI hiring
The FTC flagged DEI agreements for possibly distorting competition in hiring, pay, and promotions among top U.S. law firms participating in Diversity Lab's program.
- On Friday, the U.S. Federal Trade Commission wrote to 42 law firms warning that diversity, equity and inclusion hiring may be unfair and anticompetitive, targeting the country's largest and most profitable firms.
- Certification rules from Diversity Lab underpin the FTC's focus, as the group offers a certification requiring at least 30% candidates for leadership roles are underrepresented lawyers and defends its legality citing a federal judge.
- FTC Chairman Andrew Ferguson warned that agreements to meet DEI metrics can distort labor competition, noting Paul Weiss, WilmerHale, and Perkins Coie were targeted last year, while Paul Weiss, Skadden Arps, and Latham & Watkins made White House deals on Friday.
- The U.S. Equal Employment Opportunity Commission last March demanded detailed hiring data from 20 major firms, while the White House deferred comment and representatives for five firms did not respond.
- Industry reporting shows firms removing DEI references from websites as President Donald Trump's administration eliminated DEI programs and 46 of the 50 highest-grossing U.S. law firms rolled back initiatives, with some filing successful lawsuits last year.
14 Articles
14 Articles
FTC Issues Warning Letters to 42 Law Firms for DEI Hiring
The Federal Trade Commission (FTC) has sent letters to 42 law firms, warning them about “potentially unfair and anticompetitive employment practices” involving diversity, equity, and inclusion (DEI) policies, the agency said in a Jan. 30 statement. In the Jan. 30 letter, FTC Chair Andrew N. Ferguson said the firms’ participation in the DEI-based Mansfield Certification program, created by DEI consultancy Diversity Lab, poses “serious concerns.” …
FTC issues antitrust warning to law firms over diversity certification program
The US Federal Trade Commission (FTC) on Friday issued warning letters to 42 law firms, explaining that their participation in a diversity certification program may violate federal antitrust laws. The letters from FTC Chairman Andrew Ferguson targeted firms enrolled in the Mansfield Certification program, operated by consulting company Diversity Lab. According to the company’s “Meet Our Team” page, 18 of Diversity Lab’s 19 listed employees are w…
Trump Administration Takes Another Shot At Biglaw Firms
Earlier today the Federal Trade Commission announced they issued “warning letters” to 42 Biglaw firms noting “potential for liability under laws that the FTC directly enforces.” That’s because the Trump administration has decided to target firms that participate in the Diversity Lab’s Mansfield Certification process under antitrust laws. “Potentially anticompetitive collusion between law firms on DEI metrics can include quotas by which they agre…
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