Fox Rothschild, Susman Godfrey Are Possible DEI Lawsuit Targets

Affirmative-action opponent Edward Blum has threatened two more law firms, Fox Rothschild and Susman Godfrey, with possible lawsuits over their diversity fellowship programs, bringing to five the number of legal operations he’s targeted in the past eight days.

Blum’s group, the American Alliance for Equal Rights, “is hopeful these programs will transition to become available to all qualified law students, regardless of their race,” he said in a statement. “Additional litigation may be necessary.”

Blum sent similar letters to three other firms, Winston & Strawn, Hunton Andrews & Kurth, and Adams and Reese, on Oct. 9. His group sued Perkins Coie and Morrison Foerster in August and then dropped the litigation after the firms opened their diversity programs to all students.

Private-sector diversity, equity and inclusion initiatives are facing higher scrutiny after a lawsuit against Harvard University by another of Blum’s groups led the Supreme Court in June to strike down affirmative action in higher education admissions.

Fox Rothschild and Susman Godfrey did not immediately respond to a request for comment.

Fox Rothschild has already amended language in its diversity fellowship program to make clear that applicants will be evaluated on a variety of non-race factors including a commitment to DEI efforts in the legal community, according to the letters.

Susman’s diversity fellowship is open to those “who are women, people of color, individuals who identify as LGBTQ, or members of other groups underrepresented in today’s legal profession,” according to a program description on the firm’s website.