News & Analysis as of

Diversity and Inclusion Standards (D&I) Students for Fair Admissions v Harvard College Corporate Counsel

Lowenstein Sandler LLP

The Future of the False Claims Act

Lowenstein Sandler LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Clark Hill PLC

Using the First Amendment to Uphold DEI Initiatives

Clark Hill PLC on

In Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 600 U.S. 181 (2023), the Supreme Court all but ended affirmative action and held, inter alia, that race-conscious admissions policies in higher...more

ArentFox Schiff

What Employers and Nonprofits Should Know About Trump’s Executive Order Banning Diversity Preferences

ArentFox Schiff on

Following his inauguration on January 20, President Trump signed a slew of executive orders, including a handful related to Diversity, Equity, and Inclusion (DEI) initiatives....more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

Constangy, Brooks, Smith & Prophete, LLP

Missouri sues IBM over alleged diversity quotas

State Attorney General follows through on threat. Last summer, shortly after the U.S. Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v....more

Fenwick & West LLP

The Future of DEI Shareholder Proposals

Fenwick & West LLP on

Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more

Jenner & Block

DEI in the Crosshairs: Reflections On 2023 And Predictions For 2024

Jenner & Block on

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

Seyfarth Shaw LLP

Rulings Expected Soon on Supreme Court Harvard and UNC Cases That Address Race-Conscious Policies in College Admissions

Seyfarth Shaw LLP on

Seyfarth Synopsis: Companies have been following with interest the Harvard and UNC cases that address affirmative action in the context of higher education. Both cases were argued before the Supreme Court on October 31, 2022...more

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