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Emerging Litigation PodcastAuthor: Tom Hagy
Litigators and other professionals share their thoughts on ELP about new legal theories, new areas of litigation, and how existing (sometimes old) laws are being asked to respond to emerging risks. The podcast is designed for plaintiff attorneys, defense counsel, corporations, risk professionals, litigation support companies, law students, or anyone interested in the law. The host is Tom Hagy, long-time legal news writer and enthusiast. He is former editor and publisher of Mealey's Litigation Reports, Founder and Editor-in-Chief of HB Litigation, co-owner of Critical Legal Content, and Editor-in-Chief of multiple legal blogs for clients. Contact him at Editor@LitigationConferences.com. Language: en-us Genres: Business, News, News Commentary Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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FTC Warns Law Firms: Rethink Your Diversity Collaborations
Episode 114
Thursday, 12 February, 2026
This episode dives into the latest warnings issued by the Federal Trade Commission to major U.S. law firms regarding their participation in diversity certification programs. I outline the broader pattern of executive branch pressure and explore the implications for law firms and media companies. Key Topics Covered: FTC Chairman Andrew N. Ferguson’s cautionary letters to 42 law firms participating in Diversity Lab’s Mansfield Certification program, highlighting potential antitrust liability under the Sherman Act and FTC Act. The Mansfield Rule’s origins, modeled on the NFL’s Rooney Rule, and its focus on expanding opportunities for underrepresented lawyers without mandating quotas. Judicial decisions, including Perkins Coie LLP v. DOJ and Jenner & Block LLP v. DOJ, addressing claims of discrimination and political retaliation in the context of diversity initiatives and legal advocacy. The Trump administration’s use of antitrust law to challenge perceived collusion in both legal and media sectors, including scrutiny of media partnerships like the Trusted News Initiative and high-profile media mergers. Broader ideological and regulatory trends, including heightened enforcement, government intervention in media ownership, and ongoing appeals in federal courts. Discussion Points: How coordinated diversity efforts may be viewed as labor-market collusion and the legal risks for law firms. The intersection of antitrust law, freedom of speech, and diversity initiatives in shaping the future of legal and media industries. The potential impact of executive orders and regulatory actions on the independence and competitive landscape of law firms and media companies. I discuss how law firms and media organizations must adapt to an environment of increased political scrutiny, regulatory enforcement, and ongoing legal challenges. Tune in for the latest in the evolving relationship between private power and government oversight. Tom HagyHost | Emerging Litigation Podcastp.s. I know. I said D-O-G instead of DOJ. Speaking is hard. ______________________________________ Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedIn Emerging Litigation Podcast on LinkedIn Emerging Litigation Podcast on the HB Litigation site
