In late March, the US Equal Employment Opportunity Commission sent letters to 20 law firms (all of which are publicly available), seeking information about their DEI-related employment practices.

The letters express concern that the firms’ DEI practices “may entail unlawful disparate treatment in terms, conditions, and privileges of employment, or unlawful limiting, segregating, and classifying based on race, sex, or other protected characteristics”, in violation of America’s Civil Rights Act.

Among the firms to receive the correspondence were practices with Australian offices, including: A&O Shearman, White & Case, Sidley Austin LLP, and Latham & Watkins LLP. Lawyers Weekly sought comment from these four firms at the time, but did not hear back.

Hogan Lovells – which exited the Australian market in September – also received a letter.

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Now, one of the targeted firms, White & Case, has made the decision to scrap its diversity and inclusion initiatives, with its “Our commitment to diversity” web page now redirecting to the firm’s “About us” page.

The move will impact its 44 offices globally, including in Australia, and its almost 2,600 lawyers and nearly 700 partners.

According to the firm’s recently published annual review, the firm earned US$3.32 billion in revenue in the last year.

In a statement provided to Lawyers Weekly, the firm’s spokesperson said that White & Case has discontinued its diversity and inclusion function, and in its place, “introduced a new initiative focused on professional skills training and engagement”.

This is applicable, the spokesperson said, “for all our non-partner lawyers and business services professionals”.

The change, the spokesperson went on, “ensures that we remain compliant with applicable US law, while fostering a workplace where everyone can thrive and has equal opportunities to succeed”.

Australian-based BigLaw firms’ commitment to DEI

The decision by White & Case follows Lawyers Weekly’s approach of other global firms with both US and Australian offices, at the end of March, to ask if those practices remain committed to diversity, equality, and inclusion (DEI) policies and initiatives amid the US government’s actions, as well as the broader corporate backlash currently underway.

Both Baker McKenzie and K&L Gates pledged continued commitment to their respective DEI initiatives. A&O Shearman and Dentons declined to comment. Norton Rose Fulbright did not respond, but its website notes that each of the firm’s offices has a DEI committee.

White & Case also did not respond in time for the filing of that story.

The news also follows Lawyers Weekly’s discussions, in January, with six other BigLaw firms Down Under – Pinsent Masons, DLA Piper, MinterEllison, Gadens, Piper Alderman, and Herbert Smith Freehills – all of whom affirmed there is “no turning back” on creative diverse and inclusive workplaces.

Further targeting of BigLaw

The Trump administration’s probe of DEI practices at BigLaw firms in the US comes as President Donald Trump has signed multiple executive orders against firms he deems to have acted against the nation’s interests.

As of the time of filing this story, these firms include: Perkins Coie; Covington & Burling LLP; Paul, Weiss, Rifkind, Wharton & Garrison LLP; Jenner & Block; Skadden, Arps, Slate, Meagher & Flom; Willkie Farr & Gallagher; Milbank; and WilmerHale.

These orders removed security clearances and restricted access to federal buildings for lawyers at the firms, and prevented government contractors from working with those practices.

Trump’s reasons for such sanctions, as detailed in the various executive orders, have been brazenly personal.

For example, Perkins Coie was targeted for having represented Hilary Clinton’s 2016 campaign; Covington & Burling had provided advice to former special counsel Jack Smith, who led federal investigations into the returned president; Paul, Weiss had filed proceedings against individuals who participated in the attack on the US Capitol on 6 January 2021; and Willkie Farr & Gallagher hired former vice-president Kamala Harris’ husband, Doug Emhoff, as a partner in January.

Moreover, and extraordinarily, in an EO titled, Preventing Abuses of the Legal System and the Federal Court, Trump has empowered Attorney-General Pam Bondi to review conduct by attorneys or their law firms in litigation against the federal government over the last eight years, and if the A-G “identifies misconduct that may warrant additional action, such as filing frivolous litigation or engaging in fraudulent practices”, then those firms may have security clearances revoked or federal contracts terminated.

Some of these firms have since reached agreements with the Trump administration, such as Paul, Weiss and Willkie Farr & Gallagher, by committing tens of millions of dollars in pro bono work to causes championed by Trump, and agreeing “not to engage in race-based hiring”.