President Donald Trump’s attacks on diversity, equity, and inclusion have finally hit home for Biglaw attorneys thanks to a new executive order.
In a move that could seriously disrupt the very ecosystem within which Biglaw firms exist, Trump has directed the chair of the Equal Employment Opportunity Commission to “review the practices of representative large, influential, or industry leading law firms for consistency with Title VII of the Civil Rights Act of 1964.” Specifically, per the executive order, Trump wants the EEOC to determine the following:
[W]hether large law firms: reserve certain positions, such as summer associate spots, for individuals of preferred races; promote individuals on a discriminatory basis; permit client access on a discriminatory basis; or provide access to events, trainings, or travel on a discriminatory basis.
On top of that, Trump has asked that Attorney General Pam Bondi partner with the EEOC and state attorneys general to to investigate Biglaw firms “who do business with Federal entities for compliance with race-based and sex-based non-discrimination laws and take any additional actions the Attorney General deems appropriate in light of the evidence uncovered.”
While this section of the order doesn’t name the law firms being targeted, in remarks given from the Oval Office during the signing, Trump asked an aide, “You’re looking at about 15 different firms?” to which the response was, “That or more sir, yes.” Which Biglaw firms may be at the top of Trump’s list when it comes to his crackdown on all things DEI? We suppose we’ll find out soon.
In the meantime, one of the 15 firms that is being specifically targeted is Perkins Coie, which brought in $1,211,295,000 gross revenue in 2023, putting it at No. 43 on the most recent Am Law 100. In fact, the executive order’s name is “Addressing Risks from Perkins Coie LLP,” and references the firm’s alleged “dishonest and dangerous activity.” Similar to what happened with Covington & Burling, where certain attorneys lost their security clearances, the order “suspend[s] any active security clearances held by individuals at Perkins Coie,” in what seems to be a retaliation for its representation of past presidential candidate Hillary Clinton and its reported connections to the Steele dossier.
Trump then takes a deep dive on Perkins Coie’s alleged “racial discrimination” within the firm:
In addition to undermining democratic elections, the integrity of our courts, and honest law enforcement, Perkins Coie racially discriminates against its own attorneys and staff, and against applicants. Perkins Coie publicly announced percentage quotas in 2019 for hiring and promotion on the basis of race and other categories prohibited by civil rights laws. It proudly excluded applicants on the basis of race for its fellowships, and it maintained these discriminatory practices until applicants harmed by them finally sued to enforce change.
A spokesperson for Perkins Coie said that Trump’s executive order is “patently unlawful, and we intend to challenge it.”
What will this mean for Biglaw firms going forward? As previously noted by Kent Zimmermann, principal at legal strategy firm Zeughauser Group, “most law firm leaders do not want to unnecessarily antagonize or become a target for the administration.” While Biglaw firms certainly remain committed to diversity and inclusion, some have already begun quietly purging diversity-related language from their websites. While we don’t know for certain in what other ways firms will respond under these circumstances, what we do know is that Trump’s war on diversity, equity, and inclusion is likely to do deep damage to Biglaw as a whole.
Addressing Risks from Perkins Coie LLP [White House]
Trump Targets Law Firms Over Steele Dossier, Diversity Moves (1) [Bloomberg Law]
Trump Order Calls For DEI Policy Review of ‘Leading Law Firms’ [National Law Journal]
Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Bluesky, X/Twitter, and Threads, or connect with her on LinkedIn.
