While much uncertainty lies ahead as we enter 2025, the coming year is sure to see further attacks on corporate DEI efforts nationwide. With President Trump returning to the White House, the federal government is set to take...more
1/7/2025
/ Board of Directors ,
Commercial Litigation ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Corporate Executives ,
Corporate Governance ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Government Agencies ,
Litigation Strategies ,
Reverse Discrimination ,
Shareholders
On June 29, 2024, one year passed since the Supreme Court’s landmark decision in Students for Fair Admissions (SFFA), which overturned fifty years of legal precedent in striking down the race-conscious admissions programs at...more
Challenges to corporate diversity, equity, and inclusion programs have gained momentum over the past year. As challengers refine their legal strategies, companies need a new playbook to protect and improve their DEI programs...more
4/19/2024
/ Board of Directors ,
Continuing Legal Education ,
Corporate Governance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Equity ,
Risk Management ,
Shareholders ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Webinars
On March 5, 2024, the United States District Court for the Northern District of Texas struck down key provisions of the Minority Business Development Act of 2021, which promotes the provision of business development services...more
On February 20, 2024, the Supreme Court denied certiorari in a closely watched case, Coalition for TJ v. Fairfax County School Board, challenging the admissions policies of Thomas Jefferson High School for Science and...more
From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more
1/10/2024
/ Affirmative Action ,
Civil Rights Act ,
Corporate Counsel ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Risk Assessment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
Shareholder activism, in the form of proposals, books and records demands, and litigation, is proving to be an increasingly prevalent tool in challenges to diversity, equity, and inclusion (DEI) policies. This client alert...more
On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more
8/16/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Universities
Please join us for a briefing on the US Supreme Court’s decision in Students for Fair Admissions v. Harvard (SFFA). In this webinar, Partners Ishan K. Bhabha and Lauren J. Hartz and Special Counsel Marcus A.R. Childress will...more
7/10/2023
/ Affirmative Action ,
College Admissions ,
Colleges ,
Continuing Legal Education ,
Diversity ,
Employer Liability Issues ,
Employment Litigation ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
Race Discrimination ,
Risk Mitigation ,
SCOTUS ,
Students ,
Students for Fair Admissions v Harvard College ,
Webinars
On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice...more
7/3/2023
/ Bias ,
College Admissions ,
Colleges ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Race Relations ,
Rehabilitation Act ,
State Labor Laws ,
Students for Fair Admissions v Harvard College ,
Title VII ,
Universities
As a growing number of state legislatures across the country advance anti-DEI initiatives before the end of their respective legislative sessions, diversity statements are in the crosshairs. Diversity statements began...more
The last few years have been eventful and, at times, difficult ones for institutions of higher education. Institutions have been deeply impacted by issues ranging from the COVID-19 pandemic, to debates over free speech, to...more
2/3/2023
/ Antitrust Litigation ,
Artificial Intelligence ,
Biden Administration ,
College Admissions ,
College Athletes ,
Colleges ,
Competition ,
Coronavirus/COVID-19 ,
DACA ,
Department of Education ,
Diversity ,
Educational Institutions ,
Immigration ,
Loan Forgiveness ,
New Rules ,
OCR ,
Race Discrimination ,
Student Loans ,
Students ,
Title IX ,
Universities
In recent years, companies have paid significant attention to corporate board diversity. Many corporations have done so on their own initiative as part of their broader commitment to diversity, equity, and inclusion (DEI),...more
Yesterday, the Supreme Court agreed to hear a pair of cases asking the Court to overrule its precedents governing the consideration of race in college admissions. One case concerns admissions at Harvard College, and the other...more