Prominent law firms are refusing to back down in the face of potential litigation concerning their diversity initiatives. Last week, conservative legal activist Edward Blum, head of the American Alliance for Equal Rights, directed a series of inquiries at Winston & Strawn, Hunton Andrews & Kurth, and Adams and Reese. These questions centered on the future of their diversity fellowship programs, including whether race would continue to be a factor in their selection process.
Blum’s inquiries came with a threat of further lawsuits if the firms didn’t revisit their programs to ensure compliance with U.S civil rights legislation. Despite Adams and Reese deciding to forgo its program altogether, Winston & Strawn and Hunton Andrews & Kurth have stood firm, refusing to answer Blum’s questions. The full extent and content of Winston’s very vocal rebuttal were reported by the American Lawyer.
“We are proud of the program and note that your statement that it ‘excludes certain applicants based on race’ is simply false,” Winston Chicago managing partner Cardelle Spangler stressed in a response to Blum’s attorney, Thomas McCarthy. Applicants of diverse racial backgrounds, ethnicities, socio-economic orientations and all other backgrounds are not only eligible but actively encouraged to apply,” stated Spangler.
Hunton, on the other hand, opted for a more succinct response, informing Blum that they are not in a position to answer his questions presently. Based on “changing legal considerations or otherwise,” the firm may revise its programs, but as these decisions are ongoing, the firm “cannot and will not make any pronouncements about the program now,” according to general counsel Greg Walker.
The Alliance has previously filed suit against Morrison Foerster and Perkins Coie, both of whom revised their diversity fellowships to exclude race as a consideration which led to the suits being dropped. As of now, it remains to be seen how this situation will evolve, however, should litigation ensue, both firms appear prepared to put up a robust defense.