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In the wake of the U.S. Supreme Court’s pivotal decision to scrutinize race-conscious initiatives, former U.S. Attorney General Loretta Lynch has assumed a leading role in a groundbreaking effort to assist companies facing legal backlash over their diversity programs.
Aiding Companies in Diversity, Equity, and Inclusion (DEI)
Lynch, now affiliated with Paul, Weiss, Rifkind, Wharton & Garrison, joins the ranks of firms responding to growing concerns surrounding race-focused initiatives in the United States. In an era marked by heightened legal scrutiny, Lynch’s firm is poised to counsel companies striving to uphold their commitments to diversity, equity, and inclusion (DEI) while contending with pressing legal challenges from activists, shareholders, and other stakeholders.
Co-leadership and Prominent Figures
Heading the DEI strategic advisory practice is a formidable team comprising Paul Weiss Chairman Brad Karp, former U.S. Attorney General Loretta Lynch, and Jeh Johnson, a former U.S. Homeland Security secretary. Both Lynch and Johnson bring with them significant experience from their roles in the Obama administration.
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Predicting Ongoing Litigation
At a recent New York State Bar Association event, Jeh Johnson expressed his anticipation that the debate over diversity, particularly in higher education and the private sector, will likely persist for years.
Supreme Court Ruling Sparks Controversy
The Supreme Court’s June decision to reevaluate affirmative action policies in higher education has encouraged conservative lawmakers and advocacy groups to challenge diversity programs more broadly. This includes initiatives within U.S. companies and prominent U.S. law firms.
Anti-affirmative Action Activist Leads the Way
Edward Blum, an anti-affirmative action activist whose lawsuit was pivotal in the Supreme Court’s decision, has since taken legal action against entities such as Fearless Fund, an Atlanta-based venture capital fund, and law firms Perkins Coie and Morrison & Foerster. These lawsuits target the grant and fellowship programs they offered to Black, Hispanic, and other underrepresented minority groups.
Pioneering Efforts Across Legal Firms
Several prominent law firms have proactively established specialized teams to navigate the evolving landscape following the affirmative action ruling. These firms include Gibson, Dunn & Crutcher, McGuireWoods, and Simpson Thacher & Bartlett.
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