Well,
this
is
how
progress
dies
in
Biglaw…
with
governmental
posturing
and
a
whole
lot
of
institutional
cowardice.
Diversity
Lab
announced
today
that
it’s
pausing
the
Mansfield
certification
program,
the
widely
adopted
initiative
designed
to
encourage
law
firms
to
consider
diverse
candidates
for
leadership
roles.
Thanks
to
the
Trump
administration’s
latest
weaponization
of
federal
agencies,
Mansfield
certification
is
effectively
being
bullied
out
of
existence.
The
Federal
Trade
Commission
decided
to
flex
by
sending
warning
letters
to
42
Biglaw
firms,
suggesting
that
participation
in
Mansfield
certification
might
violate
antitrust
laws.
Which,
to
be
clear,
is
not
at
all
how
antitrust
works.
Actual
antitrust
experts
say
the
program
doesn’t
run
afoul
of
competition
law.
But
that
doesn’t
matter
when
your
goal
is
intimidation,
not
legal
accuracy.
Biglaw,
famously
brave
when
billing
$2,000
an
hour,
is
apparently
far
less
courageous
when
asked
to
stand
up
to
an
administration
openly
hostile
to
diversity
initiatives
and
perfectly
willing
to
sic
the
FTC,
DOJ,
and
EEOC
on
anyone
who
steps
out
of
line.
Rather
than
fight
—
for
the
law,
for
their
own
prior
commitments,
or
for
diversity
itself
—
firms
blinked.
And
so
the
damage
landed
squarely
on
Diversity
Lab.
“The
FTC’s
public
statement
has
triggered
more
than
30
press
articles
in
a
single
week,
and
prompted
hundreds
of
concerned
emails
from
clients,”
Diversity
Lab
founder
Caren
Ulrich
Stacy
wrote
in
a
letter
to
clients
reported
by
Law.com.
“We’ve
retained
a
senior
antitrust
lawyer
from
a
top
50
firm
with
deep
FTC
experience
and
are
working
with
them
to
educate
the
agency
on
Mansfield.
But
I
fear
the
damage
is
already
done.”
Stacy
explained
that
the
Trump
administration’s
scrutiny
has
led
to
“many
clients”
pausing
their
work
with
Diversity
Lab,
which
has
“substantially
depleted”
the
organization’s
operating
funds.
“With
this
dark
cloud
hovering,
many
clients
are
pausing
their
work
with
us,”
she
wrote.
“Our
operating
funds
have
already
been
substantially
depleted
by
the
need
to
respond
to
Executive
Orders,
DOJ
law-firm
lawsuits,
and
EEOC
letters
to
law
firms.
With
little
to
no
near-term
revenue
to
cover
expenses,
we
are
concerned
about
our
future.”
One
law
firm
diversity
leader
summed
it
up
bluntly,
“Disappointed,
heartbreaking
would
not
be
hyperbolic.
The
organization
has
been
such
a
long-standing
advocate
for
diversity
in
the
industry.”
And
that’s
the
real
takeaway
here.
Mansfield
certification
didn’t
fall
because
it
was
unlawful.
It
didn’t
fall
because
it
failed.
It
didn’t
even
fall
because
the
government
proved
its
case
(it
hasn’t).
Mansfield
certification
fell
because
Biglaw
decided
that
diversity
was
not
worth
the
risk
of
annoying
the
Trump
administration.
Stacy
says
Diversity
Lab
will
continue
to
keep
clients
“posted
as
we
fight
this
latest
effort
to
dismantle
progress.”
And
this
is
what
dismantling
progress
looks
like
in
2026.
Regulatory
bullying,
bad-faith
legal
theories,
and
a
profession
too
risk-averse
to
push
back.
It’s
a
dark
day
in
Biglaw.