Seven major law firms with Connecticut offices are among 42 that received warning letters from the Federal Trade Commission questioning whether their participation in a diversity program violates antitrust laws, part of the Trump administration’s broader scrutiny of corporate DEI initiatives.
The FTC sent letters Jan. 30 to firms participating in the Mansfield Certification program, a diversity initiative created by Diversity Lab that encourages firms to ensure at least 30% of candidates considered for promotions and leadership roles come from underrepresented groups.
FTC Chairman Andrew N. Ferguson said the program could constitute anticompetitive collusion if firms coordinate on hiring practices or share sensitive compensation information.
“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,” Ferguson said in a statement.
The Connecticut firms that received letters are Gordon Rees, Jackson Lewis, Littler, Ogletree Deakins, Wilson Elser, Lewis Brisbois and Morgan Lewis, according to the FTC’s announcement and Hartford Business Journal research.
Jackson Lewis, the 15th-largest firm in Greater Hartford with 24 local attorneys and 13 partners, has offices at State House Square in downtown Hartford. Morgan Lewis, ranked 17th locally with 21 attorneys and 11 partners, is located at One State Street.
Three firms on the FTC’s list — Paul Weiss, WilmerHale and Perkins Coie — were previously targeted by Trump executive orders last year that threatened their business practices, citing allegedly discriminatory hiring practices, according to Reuters.
The warning letters describe how participating firms hold monthly calls with competitors “to openly share their innovative ideas for overcoming our common challenges” in the labor market, according to the letter template released by the FTC.
The letters note that more than 360 law firms employing over 50,000 attorneys have achieved Mansfield Certification, with over half also earning Mansfield Certification Plus for meeting the 30% diversity benchmark in leadership roles.
Regional law firms with Connecticut offices have also participated in the Mansfield program, though none appeared on the FTC’s list of firms that received warning letters.
Ferguson emphasized the FTC “remains focused on protecting American workers from unfair and anticompetitive employer labor practices,” including “collusion or unlawful coordination on DEI metrics.”
Diversity Lab has defended the legality of its program, citing a May 2025 federal court ruling that found the certification does not establish hiring quotas or other discriminatory practices, according to Reuters.
Antitrust experts quoted in Law.com said the FTC’s legal claims lack merit. Issues include lacking proof of anticompetitive agreements and insufficient “market power” among the participating firms, according to an analysis published Sunday.
Still, experts acknowledged the warning could influence firms’ decisions about continuing in the program due to litigation costs and reputational concerns of being sued by the FTC.
The letter notes that “receipt of this letter is not intended to suggest that you have engaged in illegal conduct,” and that other federal agencies will determine whether participation creates liability under civil rights laws.
None of the Connecticut firms responded to requests for comment Monday.
Other firms that received letters include Alston & Bird; Arnold & Porter; BakerHostetler; Cooley, Covington & Burling; Davis Polk; Debevoise & Plimpton; Dentons; DLA Piper; Faegre Drinker; Fox Rothschild; Gibson Dunn; Goodwin Procter; Greenberg Traurig; Hogan Lovells; Holland & Knight; Husch Blackwell; K&L Gates; Latham & Watkins; Mayer Brown; McDermott Will & Emery; McGuireWoods; Nelson Mullins; Polsinelli; Reed Smith; Sheppard Mullin; Sidley Austin; Skadden; Troutman Pepper; White & Case; Wilson Sonsini; and Winston & Strawn.
