Diversity, Equity and Inclusion:
Strategic Counseling and Litigation
Why Cooley
DEI and employment-related strategic advice and counseling
Cooley advises clients from a wide variety of industries on all aspects of their DEI initiatives. Our multidisciplinary team acts as strategic counsel for numerous national and international companies, tailoring our approach to each company’s unique circumstances while recognizing that the goal of these initiatives is to promote equal opportunity for all qualified individuals and provide all employees with the support they need to succeed in their work environment. We help companies implement and regularly review their employment policies and practices, keeping our fingers on the pulse of current trends and legal requirements. We also help ensure that recruiting and hiring practices are thoughtful, consistent, inclusive and legally compliant, and that similar efforts are applied to retaining and promoting talent. Regardless of whether a company may be required or may voluntarily choose to collect demographic data, we counsel on how to do so consistent with employment and privacy laws and best practices. We also advise on implementing and supporting employee resource groups, fellowships, internships, mentoring programs and other efforts to broaden and retain employers’ talent pipelines, and we partner with our clients on all aspects of building and evolving their employment policies and programs.
ESG advice and crisis management
Environmental, social and governance (ESG) issues are a top priority for companies, boards of directors, investors, regulators and stakeholders across all industries worldwide. Cooley recognizes that ESG means something different to every client, which is why we bring together dedicated ESG lawyers with wide-ranging experience to help clients develop and implement tailored, practical and authentic ESG strategies. Regarding DEI, among other strategic assistance, the Cooley team helps to create meaningful and lawful DEI commitments and goals, draft accurate and transparent disclosure in securities filings and public reports to properly reflect that programs are lawful and create value for stakeholders, build qualitative and quantitative human capital and DEI-related metrics that demonstrate the effectiveness and value of DEI efforts, engage with stakeholders concerning DEI-related shareholder proposals, congressional inquiries and public campaigns, and navigate campaigns and challenges relating to racial equity or diversity efforts from stakeholders attempting to restrict company commitments to advancing DEI.
White collar, congressional and employment investigations
We leverage our team’s unmatched experience and deep subject matter knowledge to conduct sensitive internal investigations – from individual allegations to broad-based challenges to equity and diversity efforts. This includes representing companies, boards, universities and executives in all types of internal and employment-related investigations, including those relating to workplace misconduct or potential violations of anti-harassment, discrimination, retaliation, and other DEI-related policies or laws. We also defend clients as needed against regulatory, government or congressional scrutiny, and have a deep bench of attorneys with the requisite experience to do so. Our clients depend on us to understand the high stakes involved when allegations arise, and to balance the sensitivities that are often at play. We also provide clear, actionable investigative findings and bespoke guidance and solutions in the aftermath of investigations and help clients identify, address and mitigate risks.
Fund strategic advice and counseling
Cooley represents 700+ private investment fund organizations worldwide and has formed hundreds of global investment funds over the past six decades. Our fund clients have primary operations and/or investments all over the world and specialize in all investment phases and investment areas. We partner with fund managers in thinking about diversity broadly with respect to their investment portfolio and their talent pool. We advise funds on how to factor DEI efforts into investment and human resources practices strategically and legally, and how to respond to inquiries from limited partners and other stakeholders about such efforts. We actively track laws, such as California’s venture capital diversity data reporting law, and advise fund clients on how to collect and report on the demographic data of both their own employee populations and those of their portfolio companies. We are deeply embedded in the fund ecosystem and leverage our industry knowledge to help our clients stay at the forefront of the ever-evolving DEI landscape.
False Claims Act and employment litigation
We excel at helping clients navigate the complex regulatory and strategic issues that arise in False Claims Act investigations and litigation. Our deep bench of litigators and regulatory lawyers has substantial experience in healthcare, life sciences, higher education, financial services and government contracts. This proficiency allows us to develop customized and tactical approaches to defend our clients against allegations of false claims. We also routinely represent our clients in employment disputes – ranging from discrimination, harassment, retaliation, wrongful termination and pay equity to other equal employment opportunity or DEI-related claims. We have defended such claims from the initial investigative or prefiling stage all the way through victories in trial or appellate courts and before arbitrators and administrative agencies. We foresee issues before they arise and stand ready to effectively pursue our clients’ interests. Our skilled litigators are known industrywide for delivering meaningful results and for being creative thinkers and problem-solvers.
Fair and responsible lending
Cooley helps financial institutions structure lending programs and monitor lending practices to facilitate compliance with federal and state fair lending laws, such as the Equal Credit Opportunity Act and Fair Housing Act. Leveraging decades of experience interacting with the US Department of Justice Civil Rights Division, US Department of Housing and Urban Development, US Consumer Financial Protection Bureau and prudential banking agencies on fair lending issues, Cooley’s financial services team develops pragmatic compliance solutions for lenders, enabling clients to achieve business goals while mitigating enforcement and litigation risk. Our attorneys also have managed and resolved numerous federal and state investigations and complaints pertaining to allegations of discrimination related to redlining, as well as underwriting and pricing credit products.
Strategic and public interest litigation
Our skilled litigators are known for delivering meaningful results and for being creative thinkers and problem-solvers. We participate in impact litigation across the country affecting DEI-related issues, as well as other civil and human rights issues, much of which is handled on a pro bono basis. This work includes cases at all stages of litigation, from initial strategy to trial court matters and up through the highest state appellate courts and the US Supreme Court.
Pay equity
We advise companies regarding all aspects of federal and state equal pay laws, pay equity audits, compliance counseling and remediation strategy. We partner with clients to provide them with access to the most sophisticated pay equity solutions available, driven by an unwavering commitment to innovation. Our team of professionals has a profound understanding of the intricate nuances of pay in the workplace, as well as the need to maintain legal compliance while meeting the needs of internal and external stakeholders – including investors, boards, advisors, partners, employees and customers. We collaborate with our clients to think strategically about pay equity audits and processes – not only for legal compliance, but also as affirmative initiatives in combination with their business and practices.
DEI training
Cooley offers training and education programs to help companies foster a more inclusive workplace culture, while taking into account applicable civil rights laws and compliance. These programs cover a multitude of topics, some of which may be required by applicable laws for certain companies or in certain jurisdictions, and others of which may be offered to companies or certain personnel on a voluntary basis. Such programs include, but are not limited to, leading and managing diverse and multigenerational workforces, anti-harassment, anti-discrimination, and anti-retaliation practices, and thoughtful hiring and promotion practices. Cooley’s trainings can be tailored for boards of directors, C-suite executives, supervisors, human resources and legal personnel, or “all-hands” audiences.
Nonprofit counseling
As part of our commitment to the communities where we live and practice, we provide pro bono counseling services to many nonprofit organizations on a wide range of issues, including many topics relating to DEI.
DEI in the education ecosystem
Cooley’s dedicated education practice advises colleges and universities, edtech companies, and investors and innovators in the space as they navigate federal, state and local education regulatory structures that impact their DEI initiatives. We leverage deep working knowledge of the K-12 and higher education sectors to offer practical and strategic guidance. Our team collaborates across the Cooley platform to advise on the intersection of DEI programs and education, including in connection with Title IV federal student aid funding, scholarship and student programming, Title VI and Title IX complaints and related investigations by the US Department of Education Office of Civil Rights, compliance with accreditation standards, curricular content aligned with state K-12 laws, and certifications in connection with procurement processes and grant funding.