News & Analysis as of

Diversity and Inclusion Standards (D&I) Department of Justice (DOJ) Students for Fair Admissions v Harvard College

Stevens & Lee

Does Your DEI Program Violate the False Claims Act?

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On May 19, 2025, the DOJ announced the establishment of the “Civil Rights Fraud Initiative,” which seeks to use the False Claims Act (FCA) to investigate, and possibly take civil action against, recipients of federal funds...more

Carlton Fields

DOJ Forms Civil Rights Fraud Initiative: A New Branch of False Claims Act Enforcement

Carlton Fields on

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche announced the formation of a Civil Rights Fraud Initiative “to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly...more

Husch Blackwell LLP

DOJ’s Plan to Use the False Claims Act to Address Civil Rights Fraud

Husch Blackwell LLP on

According to a memorandum issued on May 19, 2025, the Department of Justice (“DOJ”) will use the False Claims Act as a tool to enforce federal civil rights laws. The new policy memo has serious potential implications for...more

Troutman Pepper Locke

The False Claims Act Enters the School Zone

Troutman Pepper Locke on

On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis for investigating the diversity, equity, and inclusion (DEI)...more

Dinsmore & Shohl LLP

Trump Administration Announces New Enforcement Efforts Targeted at DEI

Dinsmore & Shohl LLP on

This week, the Trump administration escalated its enforcement strategy for ending unlawful Diversity Equity and Inclusion (DEI) initiatives in the private sector Consistent with the policy objectives stated in Executive Order...more

Morgan Lewis

DOJ Announces Establishment of Civil Rights Fraud Initiative

Morgan Lewis on

The US Department of Justice announced the establishment of the Civil Rights Fraud Initiative on May 19, 2025, which will “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient...more

Lowenstein Sandler LLP

The Future of the False Claims Act

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On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Ballard Spahr LLP

DOJ Announces New Initiative Aimed at Entities Receiving Federal Funds; Specifically Targets Higher Ed

Ballard Spahr LLP on

On May 19, the Department of Justice (DOJ) announced via a memo titled “Civil Rights Fraud Initiative” (the Memo) an initiative to use the False Claims Act (FCA) against federal contractors and recipients of federal funds...more

WilmerHale

DOJ Announces Civil Rights Fraud Initiative: Department Will Seek To Use The False Claims Act To Enforce Civil Rights Laws Against...

WilmerHale on

On May 19, 2025, Deputy Attorney General Todd Blanche announced a new Civil Rights Fraud Initiative within the Department of Justice to “utilize the False Claims Act to investigate and, as appropriate, pursue claims against...more

Wiley Rein LLP

“Illegal DEI”: Key Considerations for Higher Education and the Private Sector in the New Administration

Wiley Rein LLP on

On January 21, 2025, President Trump issued Executive Order (EO) 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO raises significant new considerations for private companies and...more

Dinsmore & Shohl LLP

Affinity Groups Potentially Unlawful, According to Recent EEOC and DOJ Guidance

Dinsmore & Shohl LLP on

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on protected characteristics, including race and sex. However, Title VII does not define Diversity, Equity and Inclusion (“DEI”) in the...more

Morrison & Foerster LLP

2024 State AGs Year in Review - UPDATED 4/1/25

In 2024, state attorneys general (“State AGs”) focused on a broad variety of areas and industries including, in particular, emerging industries such as artificial intelligence (AI) and privacy and social media protections....more

Venable LLP

DEI and Potential False Claims Act Liability in Higher Education

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Imagine you're sitting in a conference room with a group of administrators and staff across various schools and departments, discussing budgetary constraints, campus resources, and student group initiatives—a day like any...more

Baker Donelson

Unpacking the U.S. Attorney General's "Ending Illegal DEI and DEIA Discrimination Preferences" Memo

Baker Donelson on

The U.S. Attorney General's Office issued a Memorandum, on February 5, 2025, to the employees of the U.S. Department of Justice (DOJ) directing the DOJ Civil Rights Division to "investigate, eliminate, and penalize illegal...more

Dorsey & Whitney LLP

What Companies and Higher Education Institutions Need to Know Regarding DOJ’s New Memoranda to Enforce the Administration’s...

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On February 5, 2025, U.S. Attorney General Pam Bondi issued a series of fourteen policy memoranda directed to all employees of the U.S. Department of Justice (“DOJ”). Two are particularly likely to impact companies and higher...more

Clark Hill PLC

Using the First Amendment to Uphold DEI Initiatives

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In Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 600 U.S. 181 (2023), the Supreme Court all but ended affirmative action and held, inter alia, that race-conscious admissions policies in higher...more

Foley Hoag LLP - White Collar Law &...

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Alston & Bird

DEI on Campus: These Invitations Claim Rigorous Hope

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How can colleges and universities respond to the U.S. Supreme Court’s Students for Fair Admissions decision? Alston & Bird and Huron Consulting offer strategies institutions can use to retain their diversity, equity, and...more

Cozen O'Connor

The State AG Report – 10.12.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •FTC, CFPB, and California Crack Down on Hidden Fees - •AG...more

Jenner & Block

Client Alert: Senator J.D. Vance Calls for FTC and DOJ to Investigate Admissions Practices of Universities in the Wake of SFFA

Jenner & Block on

On August 10, 2023, Sen. J.D. Vance, R-Ohio, called for the Federal Trade Commission and the U.S. Department of Justice to investigate top universities for allegedly coordinating their admissions policies following the U.S....more

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