Above the Law
January 30 2026
Earlier today the Federal Trade Commission announced they issued “warning letters” to 42 Biglaw firms noting “potential for liability under laws that the FTC directly enforces.” That’s because the Trump administration has decided to target firms that participate in the Diversity Lab’s Mansfield Certification process under antitrust laws.
“Potentially anticompetitive collusion between law firms on DEI metrics can include quotas by which they agree to compose panels of job candidates based on race, sex, or other personal characteristics other than the candidate’s merit,” Andrew Ferguson, FTC Chair, wrote. “Such agreements can distort competition for labor in legal professions, including along dimensions like hiring decisions, pay, and promotions.”
What a load of malarky. The Mansfield Certification program was first launched in 2018. Modeled on the NFL’s Rooney Rule, the program asks firms to affirmatively consider diverse slates of candidates for leadership, governance, equity partner promotions, and lateral hiring. Then track and publish how they are stacking up. The impact has been tremendous. Eighty-five percent of participating large law firms increased discussions around lateral partner hiring inclusivity; 91% track internal talent pools for discretionary high-visibility opportunities; 75% track internal talent pools for promotions. The data is impressive.
