FTC crackdown on law firm DEI efforts tests antitrust limits

05:01 |

The Daily Docket

A newsletter by Reuters and Westlaw

By Shruthi Krishnamurthy

Good morning. Today, we take a look at how the FTC's crackdown on law firm DEI efforts could test the scope of antitrust law. Meanwhile, the 1st Circuit will hear a Trump bid to lift a block on freezing billions in Biden-era climate grants. Plus, the U.S. Supreme Court denied a GOP bid to block California's pro-Democratic voting map, keeping it for the midterms. Even if Jupiter isn't as big as we thought, let's hope your Thursday is. Let's dive in!

FTC crackdown on law firm DEI efforts could test reach of antitrust

REUTERS/Benoit Tessier

The FTC last week warned 42 major law firms that their diversity, equity and inclusion hiring practices may breach federal antitrust laws. Here's a look at the agency's new approach:

While the strategy could bolster broader Trump administration efforts to challenge DEI through employment anti-discrimination law, legal experts say antitrust provisions would apply to diversity-related hiring practices only under narrow circumstances, making such cases difficult to pursue. Read why.
The FTC's letters to Paul Weiss, Latham & Watkins, Skadden Arps and other prominent firms focused on their participation in a certification program run by consultancy Diversity Lab aimed at expanding lawyers' access to leadership positions. Learn more.
Many major law firms in recent months have publicly withdrawn or altered their public references to DEI. Read our special report.
Mike Scarcella examines how the FTC's crackdown on law firm DEI efforts is testing the limits of antitrust law. Read more.

Follow up: The sentencing of Ryan Routh, convicted of attempting to assassinate President Trump, was set in a Florida federal court on Tuesday. Here's what unfolded.

Coming up today

Environment: The Trump administration will urge the 1st Circuit to overturn a ruling blocking it from freezing billions of dollars in climate investment and infrastructure grants that Congress authorized during the Biden administration.
Abortion: A federal court in Idaho will consider whether the U.S. Constitution protects the right to abortion for medical reasons. Last year, an Idaho state court broadened the state's medical exceptions, allowing abortion access for many pregnancy complications.
Judiciary: The U.S. Senate is expected to vote to confirm Brian Lea to be a judge in the Western District of Tennessee and Justin Olson to be a judge in the Southern District of Indiana.
SCOTUS: U.S. Chief Justice John Roberts is scheduled to judge the Van Vleck Constitutional Law Moot Court Competition at GW Law in D.C.
Criminal: The 5th Circuit will hear arguments in a challenge by the victims' families to the dismissal of the criminal case against Boeing.
Tax evasion: DOJ lawyers will ask a judge to require New York Times reporter Jeffrey Toobin to testify in an ongoing jury trial for former Supreme Court advocate Tom Goldstein, who is facing tax evasion charges.

Court calendars are subject to last-minute docket changes.

More top news

Industry insight

Brad Karp, longtime chairman of Paul Weiss, has resigned his top leadership role and will be replaced by partner Scott Barshay. Find out more.
Jones Day sued private-equity firm Centre Lane Partners and dozens of its portfolio companies in New York state court, accusing them of failing to pay more than $9.6 million in legal fees. Read the complaint.
The DOJ removed a government lawyer from an assignment in Minnesota after she told a federal judge, "This job sucks" and said immigration authorities had failed to comply with court orders. Find out more.

In the courts

The U.S. Supreme Court allowed California to use a new electoral map designed to give Democrats five more congressional seats, improving the party's chances of regaining control of the House from President Trump's Republicans in the November midterm elections. Read more here.
Georgia's Fulton County filed a challenge to the legality of a warrant and seizure of election records in an FBI search of an election facility last week, seeking the return of all confiscated files and the unsealing of a related affidavit. Read more here.
Cigna Corp's Express Scripts settled the FTC's claims its insulin pricing practices violated antitrust and consumer protection laws, and agreed to changes aimed at lowering costs for patients, insurers and small pharmacies, the agency said. Read the settlement.
The EEOC said it is investigating Nike for allegedly discriminating against white people through its diversity policies. Read the filing.
Patrick James, the founder of auto parts supplier First Brands, pleaded not guilty to charges he defrauded lenders out of billions of dollars before the company collapsed into bankruptcy. Read more here.
Verizon Wireless sued T-Mobile, accusing its largest rival of false advertising and causing irreparable harm by promising consumers more than $1,000 of annual savings if they switch cellphone carriers. Read the complaint.

Column: An ADA class action settlement draws DOJ scrutiny — and irony

The year is young, but this may already be the biggest settlement snafu of 2026. Clothing retailer Fashion Nova was sued by a class of legally blind consumers who said they couldn't access its website using screen reading software. The case tentatively settled last year — except that the website created so class members could submit compensation claims is itself allegedly inaccessible to the visually impaired. Now the Justice Department has urged a federal judge in California to reject the deal. Jenna Greene has more in On the Case.

Attorney Analysis

Wiley Rein's Brandon Moss and Jason McCullough look back at 2025 enforcement actions in the DOJ Criminal Division's Fraud Section and note what to watch in 2026. Read today's Attorney Analysis.

Contact

Caitlin Tremblay

caitlin.tremblay@thomsonreuters.com

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