“Law Firms Balk at Trump Push for Client Data in DEI Probes” —

• “Large law firms plan to refuse to give the Trump administration information on their clients’ diversity initiatives as part of federal discrimination investigations. The 20 firms facing questions from the Equal Employment Opportunity Commission will reject the agency’s inquiries related to clients over confidentiality concerns, according to three people familiar with the matter. At least three firms—Kirkland & Ellis, Latham & Watkins, and Simpson Thacher & Bartlett—are also seeking to strike a deal with the White House that would resolve the probes.”
• “The EEOC wants the firms to name clients that require them to hit diversity targets for staffing on legal matters and to detail any incentives earned by meeting certain metrics. The agency in a batch of March 17 letters cited Microsoft Corp.’s diversity program for the tech company’s law firms as an example.”
• “‘It’s core to our profession to not disclose things about your clients or communications with your clients,’ said Joshua Roffman, a Washington lawyer who advises companies on diversity initiatives. ‘You don’t even want to open the door a little bit to that.'”
• “William Burck, a litigator at Quinn Emanuel who has emerged as a go-between for firms facing retribution from Trump, and Gibson Dunn lawyer Jason Schwartz are separately advising several of those hit with EEOC inquiries. Allan Bloom, the co-chair of Proskauer’s labor and employment group, and Washington attorney David Fortney are also advising some of the firms.”
• “Those on the EEOC list determined that ignoring the letters or refusing to turn over any information could get them more unwanted attention from the administration, according to the people.”
• “The EEOC investigations are part of the administration’s attack on the legal industry. The White House has issued executive orders targeting firms and extracted deals from others for $340 million in services for Trump-aligned causes. Those directives and agreements have ensnared nine law firms so far.”
• “The EEOC typically polices workplace discrimination by investigating charges filed by workers against their employers. The agency’s commissioners can self-initiate charges to launch investigations, but those charges usually are not made public.”
• “Microsoft has one of the longest-running diversity programs for outside lawyers advising the tech company, dating back to 2008. The company expanded the program in 2020 ‘to address acute representation issues in African American/Black and Hispanic/Latinx communities,’ according to its website. The program encourages firms to hit certain metrics for diversity—including race, sex, and sexual orientation—on legal teams staffing Microsoft matters, as well as firmwide goals for increasing diversity among partners and in leadership roles.”
• “Amazon, HP Inc., Facebook parent Meta Platforms Inc., Nike Inc., AbbVie Inc., and Starbucks Corp. are among other companies that have imposed diversity standards for outside counsel.”
• “The moves were part of an effort to spur change at top firms competing for work, but they drew rebukes from critics who called the programs thinly-veiled ‘quotas’ that violate longstanding federal anti-discrimination laws. The Supreme Court’s 2023 decision restricting the use of race in college admissions increased scrutiny of a wide range of diversity hiring programs across industries.”

“‘Treated like a criminal’: US citizen says he was detained returning from Canada” —

• “A New Hampshire real estate attorney and American citizen returning home from Canada says he was detained at the border without an explanation. Bachir Atallah and his wife, Jessica Fakhri, were traveling back from a quick family trip Sunday when they say U.S. Customs and Border Protection stopped them when reentering the country in Vermont.”
• “‘I literally drove my car to Canada for the weekend, and on the way back, I was treated like a criminal,’ said Atallah, who has been a U.S. citizen for 10 years.”
  “An official for U.S. Customs and Border Patrol on Tuesday called Atallah’s account ‘blatantly false and sensationalized.’ Read the full statement below.”
• “‘They handcuffed me, they twisted my arm, my wrist,’ he said. ‘They walked me inside, and I was looking at my wife in the car.'”
• “Atallah says CBP agents requested to look into his email on his phone, which he refused because of attorney client privilege.”
• “‘So I had to, under duress, give him permission to look through my email, through my priveleged information, and he made me write a statement, signed by me, saying that I gave him permission to look through the email,’ Atallah said.”
• “After nearly five hours, Bachir Atallah says he and his wife were released. They are now pursuing legal action.”
• “Atallah is planning to leave for Lebanon in a few days, and he is not sure what will happen when he tries to return.”
• “Customs and Border Protection responded to a request for comment on Tuesday, with Assistant Commissioner Hilton Beckham sharing this statement:”
  • “The traveler’s accusations are blatantly false and sensationalized. CBP officers acted in accordance with established protocols. Upon arrival at the port of entry, the traveler was appropriately referred to secondary inspection — a routine, lawful process that occurs daily, and can apply for any traveler. Officers worked to ensure an attorney-client privilege was respected during the electronic media search. The traveler provided written consent to a limited search of his electronic device.'”