Florida AG Bars Outside Counsel with DEI or ESG Practices

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  • Florida AG James Uthmeier issued a policy memo to some law firms in Florida informing them that his office will no longer retain outside counsel that engages in diversity, equity and inclusion (DEI) or environmental, social and governance (ESG) practices.
  • The memo outlines the activities that would presumptively disqualify a law firm from being retained, including mentorship programs limited to particular races, ethnicities, genders, or sexual orientations; job postings that suggest preference for candidates based on protected characteristics; DEI trainings that could create a hostile work environment; use of diversity metrics or targets in hiring, promoting, or contracting; membership the Net Zero Lawyers Alliance; and promoting ESG initiatives to clients.
  • AG Uthmeier stated that his office would begin a review of current outside counsel to ensure compliance and will apply these standards to future engagements.
  • This memo is part of AG Uthmeier’s broader scrutiny of DEI- and ESG-related initiatives with potential impacts on Florida, which has included investigations into ESG market practices and DEI and ESG investing policies.
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