Bloomberg Quotes Nicholas Cheolas on Uncertainty Surrounding FTC Antitrust Position on Law Firm Diversity Initiatives
In Bloomberg's article, "NFL's Rooney Rule Meets Biggest Challenge in Trump's DEI Crackdown," Nicholas S. Cheolas is quoted on the legal uncertainty surrounding the Federal Trade Commission’s position that law firm participation in diversity initiatives such as the Mansfield Rule could constitute anticompetitive coordination, stating, “What we haven’t seen yet is an actual contested legal challenge in this space. So we’re operating in an environment where we see a lot of warnings and statements and speeches, but we haven’t really had to test, in real time, the legal theories and where they stack up.”
For additional analysis on antitrust considerations related to coordinated DEI initiatives, see Wiley’s alert, "FTC and DOJ Signal Expanded Antitrust Scrutiny of DEI, ESG, and “Viewpoint Competition” Initiatives."
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