Skadden to Face NLRB Probe of Email Policy Following Trump Deal

Skadden Arps Slate Meagher & Flom LLP allegedly violated federal labor law by blocking its associates’ access to internal email distribution lists they used to discuss ramifications of the firm’s $100 million deal with the Trump administration, according to a worker advocacy group.

The National Institute for Workers’ Rights filed an unfair labor practice charge against Skadden with the National Labor Relations Board on Thursday. The group accused the firm of interfering with its associates’ legal rights after it agreed to provide $100 million in pro bono services to the administration, and to curb its diversity, equity, and inclusion initiatives.

“Associates used firm email to discuss these changes, submit resignations, plan coordinated rejections of recruitment activities, and express concerns about the impact on what they do, with whom they work, and their ethical obligations,” according to the charging document provided to Bloomberg Law.

The worker advocacy group filed its charge with the NLRB’s New York regional office. Agency staffers will investigate the claims. The regional director will issue a complaint if he finds merit to the allegations.

Skadden didn’t immediately respond to requests for comment.

Skadden is one of a handful of large corporate law firms to reach deals with the Trump administration to provide nearly $1 billion in legal services. President Donald Trump has talked about deploying that free legal work to represent the coal industry in leasing agreements and negotiate trade deals following his implementation of tariffs.

Skadden is also among the firms to roll back DEI efforts under pressure from the administration.

Trump has issued executive orders against several firms, accusing them of undermining US interests. At Trump’s behest, the Equal Employment Opportunity Commission launched investigations of 20 law firms, including Skadden, for alleged discrimination in their diversity programs.

Mutual Aid, Protection

Skadden associates discussed on email lists issues stemming from the firm’s deal—pro bono assignments, DEI initiatives, and professional ethical obligations—that are covered by labor law protections for workers’ concerted actions for “mutual aid or protection,” the National Institute for Workers’ Rights said in a letter to John Doyle, NLRB’s regional director in New York.

For example, the group cited NLRB precedent spanning 60 years that establish concerns about hiring and diversity practices directly relate to the terms and conditions of employment.

“In expressing concern about backing away from diversity initiatives, some Skadden lawyers were indicating that they thought it was important to continue to try to hire more lawyers of color,” the group said. “The caselaw establishes that this is protected concerted activity.”

The National Institute for Workers’ Rights didn’t file the unfair labor practice charge on behalf of Skadden employees. Although unions, workers, and other parties allegedly harmed by employer actions typically submit such claims to the NLRB, the National Labor Relations Act permits anyone to file a ULP charge.

Doyle, the New York regional director, is responsible for issuing a complaint if his investigators find merit to the charge, though he’s subordiante to acting General Counsel William Cowen, a former Republican board member during the George W. Bush administration. Trump nominated Crystal Carey, an attorney at Morgan Lewis & Bockius LLP, to replace Cowen and serve as general counsel.

The NLRB can’t issue decisions because it lacks a quorum following Trump’s disputed termination of member Gwynne Wilcox. But the agency continues many of its functions even though the board is hobbled, including investigating ULP charges, issuing complaints on meritorious charges, and reaching settlement deals.