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 agree to compose panels of job candidates based on race, sex, or other personal characteristics other than the candidate’s merit,” Andrew Ferguson, FTC Chair, wrote. “Such agreements can distort competition for labor in legal professions, including along dimensions like hiring decisions, pay, and promotions.”
What a load of malarky. The Mansfield Certification program was first launched in 2018. Modeled on the NFL’s Rooney Rule, the program asks firms to affirmatively consider diverse slates of candidates for leadership, governance, equity partner promotions, and lateral hiring. Then track and publish how they are stacking up. The impact has been tremendous. Eighty-five percent of participating large law firms increased discussions around lateral partner hiring inclusivity; 91% track internal talent pools for discretionary high-visibility opportunities; 75% track internal talent pools for promotions. The data is impressive.
But if there’s one lesson from the Trump II regime, it’s that we can’t have nice things. So of course, they’re using the freaking Sherman Act to attack a program that merely asks, hey, maybe you should *consider* hiring/promoting someone besides a straight cis white male.
The list of targeted firms is as follows: Alston & Bird, Arnold & Porter, BakerHostetler, Cooley, Covington & Burling, Davis Polk, Debevoise & Plimpton, Dentons, DLA Piper, Faegre Drinker, Fox Rothschild, Gibson Dunn, Goodwin Procter, Gordon Rees, Greenberg Traurig, Hogan Lovells, Holland & Knight, Husch Blackwell, Jackson Lewis, K&L Gates, Latham & Watkins, Lewis Brisbois, Littler, Mayer Brown, McDermott Will & Emery, McGuireWoods, Morgan Lewis, Nelson Mullins, Ogletree Deakins, Paul Weiss, Perkins Coie, Polsinelli, Reed Smith, Sheppard Mullin, Sidley Austin, Skadden, Troutman Pepper, White & Case, WilmerHale, Wilson Elser, Wilson Sonsini, and Winston & Strawn.
Hmmm…. Some 360 firms are Mansfield certified, and it is interesting those that are targeted. You probably expected the firms that have already taken a stand against the administration fighting the unconstitutional executive orders targeting Biglaw to be on this list, as Perkins Coie and WilmerHale are. But it *is* interesting that several firms (Paul Weiss, Skadden and Latham) that have already capitulated to Trump — and resolved inquiries into their DEI practices (well, those initiated by the EEOC, not the FTC) along with it — are also on the list. Guess those deals with Darth Trump really do get worse all the time.
Read Ferguson’s full letter below.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
The post Trump Administration Takes Another Shot At Biglaw Firms appeared first on Above the Law.
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 agree to compose panels of job candidates based on race, sex, or other personal characteristics other than the candidate’s merit,” Andrew Ferguson, FTC Chair, wrote. “Such agreements can distort competition for labor in legal professions, including along dimensions like hiring decisions, pay, and promotions.”
What a load of malarky. The Mansfield Certification program was first launched in 2018. Modeled on the NFL’s Rooney Rule, the program asks firms to affirmatively consider diverse slates of candidates for leadership, governance, equity partner promotions, and lateral hiring. Then track and publish how they are stacking up. The impact has been tremendous. Eighty-five percent of participating large law firms increased discussions around lateral partner hiring inclusivity; 91% track internal talent pools for discretionary high-visibility opportunities; 75% track internal talent pools for promotions. The data is impressive.
But if there’s one lesson from the Trump II regime, it’s that we can’t have nice things. So of course, they’re using the freaking Sherman Act to attack a program that merely asks, hey, maybe you should *consider* hiring/promoting someone besides a straight cis white male.
The list of targeted firms is as follows: Alston & Bird, Arnold & Porter, BakerHostetler, Cooley, Covington & Burling, Davis Polk, Debevoise & Plimpton, Dentons, DLA Piper, Faegre Drinker, Fox Rothschild, Gibson Dunn, Goodwin Procter, Gordon Rees, Greenberg Traurig, Hogan Lovells, Holland & Knight, Husch Blackwell, Jackson Lewis, K&L Gates, Latham & Watkins, Lewis Brisbois, Littler, Mayer Brown, McDermott Will & Emery, McGuireWoods, Morgan Lewis, Nelson Mullins, Ogletree Deakins, Paul Weiss, Perkins Coie, Polsinelli, Reed Smith, Sheppard Mullin, Sidley Austin, Skadden, Troutman Pepper, White & Case, WilmerHale, Wilson Elser, Wilson Sonsini, and Winston & Strawn.
Hmmm…. Some 360 firms are Mansfield certified, and it is interesting those that are targeted. You probably expected the firms that have already taken a stand against the administration fighting the unconstitutional executive orders targeting Biglaw to be on this list, as Perkins Coie and WilmerHale are. But it *is* interesting that several firms (Paul Weiss, Skadden and Latham) that have already capitulated to Trump — and resolved inquiries into their DEI practices (well, those initiated by the EEOC, not the FTC) along with it — are also on the list. Guess those deals with Darth Trump really do get worse all the time.
Read Ferguson’s full letter below.
2026-01-29-warning-letter-diversity-labDownload
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].
