In a stunning turn of events, the anti-affirmative action group, American Alliance for Equal Rights (AAER), has withdrawn its Texas federal lawsuit against Perkins Coie LLP regarding the diversity fellowship program. The lawsuit was dropped following Perkins Coie's elimination of the program's previous requirement that applicants come from underrepresented groups. This sudden resolution comes hot on the heels of Perkins Coie's declaration of intent to vigorously defend itself against the AAER lawsuit while also asserting its mootness, given recent changes to the diversity fellowship program.

Perkins Coie Diversity Suit : Firm's Pledge to Diversity Prevails

Perkins Coie's managing partner, Bill Malley, expressed the firm's satisfaction with the resolution, stating, "As a firm, we have a long-standing and deeply rooted commitment to building a more diverse and inclusive workplace and legal profession. Our commitment remains steadfast."

Representatives for AAER remained silent following the dismissal of the case.

Perkins Coie Diversity Suit : The Legal Battle Unfolds

AAER, led by conservative legal activist Edward Blum, previously sued both Perkins Coie and Morrison Foerster LLP, claiming that their diversity fellowship programs were discriminatory. The lawsuits contended that these programs, designed to provide underrepresented law students access to BigLaw, had been "racially discriminating against future lawyers for decades." The complaints sought to declare the fellowship programs in violation of equal rights protections and to prohibit both firms from considering race when selecting fellows.

While both lawsuits have now been withdrawn, it appears that AAER achieved some of its objectives. Perkins Coie's diversity fellowship, once limited to minority groups, is now open to all applicants. Morrison Foerster similarly expanded its program, embracing all students with a commitment to diversity and inclusion in the legal profession.

A Changing Landscape

AAER's lawsuits came in the wake of the U.S. Supreme Court's landmark rulings in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina. These decisions upended race-based admissions practices at universities, heralding a new era of legal challenges. The ripple effects of these rulings extend far beyond higher education, affecting employers nationwide as they grapple with their diversity and inclusion efforts.

Sen. Tom Cotton warned law firm leaders that their DEI programs may violate federal law following the SFFA ruling. Meanwhile, the New York State Bar Association published a report outlining strategies to promote diversity in education and the corporate world, emphasizing the legal industry's role.

Addressing the Diversity Gap

Despite these challenges, the legal industry remains predominantly white and male. According to Law360's Diversity Snapshot, only 3.2% of partners and 6.8% of associates at Perkins Coie are Black, with similar percentages for Latino attorneys.

Perkins Coie Diversity Suit : Legal Representation

Perkins Coie is represented by Jared D. Eisenberg, Christopher J. Schwegmann, and Eric W. Pinker of Lynn Pinker Hurst & Schwegmann LLP, as well as Ishan K. Bhabha, Lauren J. Hartz, Marcus A. R. Childress, Erica S. Turret, and Andrianna D. Kastanek of Jenner & Block LLP.

American Alliance for Equal Rights is represented by James Francis Hasson, Cameron T. Norris, and Tiffany H. Bates of Consovoy McCarthy PLLC, Michael Adam Sasso, and Christian Bonta of Sasso & Sasso PA, and Adam K. Mortara of Lawfair LLC.

Morrison Foerster is represented by Blaine E. Evanson, Erica Sollazo Payne, Michele L. Maryott, and Molly T. Senger of Gibson Dunn & Crutcher LLP, along with Christopher Scott Sundby and Gerald E. Greenberg of Gelber Schachter & Greenberg PA.