Law Firm DEI Probes Not Stopped by Perkins Coie Order, Judge Says

A federal judge who struck down a presidential attack on Perkins Coie cleared the way for the Justice Department and a federal agency to investigate other law firms’ diversity, equity and inclusion initiatives.

The Justice Department asked DC federal judge Beryl Howell Tuesday if her decision still allows the Equal Employment Opportunity Commission to investigate diversity, equity and inclusion initiatives at other firms. Howell clarified that her ruling only applies to EEOC inquiries or investigations into Perkins Coie.

Howell on May 2 found an executive order levied against Perkins Coie unconstitutional. The order sought to strip the firm’s lawyers of security credentials and terminate federal contracts with the firm’s clients as well as directed the EEOC to look at “large, influential, or industry leading” law firms and their “compliance with race-based and sex-based non-discrimination laws.”

The Justice Department sought clarification in a Tuesday filing that Howell’s decision for Perkins Coie “does not impact actions undertaken by the EEOC and Department of Justice regarding entities other than the Plaintiff,” wrote Deputy Associate Attorney General Richard Lawson.

The EEOC on March 17 sent letters to 20 law firms requested hiring and contact data for all law students and attorneys that applied for jobs since 2019. It also asked for names, genders, races and GPA information of applicants and gave the firms until April 15 to respond. Reed Smith is in talks with the EEOC over its requests, Perkins Coie declined to respond to the request until its suit contesting the order was resolved, according to letters obtained by Bloomberg Law.

Six firms struck deals with the White House to, in part, end the EEOC probes. The firms are Kirkland & Ellis, Latham & Watkins, Simpson Thacher, A&O Shearman, Skadden, and Milbank. The EEOC withdrew its requests for diversity information from the six firms after they made an agreement with Trump to provide free legal services. Three other firms, including Paul Weiss, Cadwalader and Willkie Farr, also cut deals with President Trump.

Dane Butswinkas of Williams & Connolly is representing Perkins Coie in its case against the DOJ.

The case is: Perkins Coie v. U.S. Department of Justice, D.D.C., 1:25-cv- 00716, 5/20/25, 5/20/25.