November 2, 2023
Since the Supreme Court struck down race-based college admissions in SFFA v. Harvard last June, plaintiffs’ counsel and anti–affirmative action activists have turned their attention to corporate diversity programs. Although, as a technical matter, SFFA did not change existing law applicable to employer DEI programs, the increased scrutiny on affirmative action programs in the workplace in the wake of SFFA has heightened the risk that employers with robust DEI initiatives may face litigation from employees, potential contracting partners, advocacy groups, and government agencies. We have been closely tracking developments in this area and have prepared this analysis to help our clients navigate the increasingly thorny environment of DEI post-SFFA. We plan to circulate similar updates bi-monthly moving forward, although we anticipate this inaugural update will be longer than future updates. We have also formed a Workplace DEI Task Force, bringing to bear the Firm’s expertise in employment, appellate and Constitutional law, DEI programs, securities and corporate governance, and government contracts to help our clients conduct legally privileged audits of their DEI programs, assess litigation risk, develop creative and practical approaches to accomplish their DEI objectives in a lawful manner, and defend those programs in private litigation and government enforcement actions as needed. Should you have questions about developments in this space or...
"Exposing the hanta 'virus' hoax!!" reads a Korean-language X post shared May 7, 2026. "Moderna began developing a hantavirus mRNA vaccine in 2024," it says, adding this was the "exact same playbo...