Any litigation could possibly be very costly, and it additionally just isn’t look to be sued by the FTC, should you’re a legislation agency and also you do a whole lot of enterprise representing individuals in entrance of the FTC. There are actual prices to those legislation corporations for not going alongside. In different phrases, it’s a bullying transfer that may work.
—Vanderbilt Regulation College antitrust professor Rebecca Haw Allensworth speaking in regards to the Federal Commerce Fee’s warning letters to 42 Biglaw firms about their participation in Range Lab’s Mansfield Certification program. Although it’s extremely unlikely participation is such a program is anticompetitive underneath antitrust legal guidelines (as U.S. District Decide Beryl Howell mentioned, “The Mansfield Rule expressly doesn’t set up any hiring quotas or different illegally discriminatory practices, requiring solely that taking part legislation corporations contemplate attorneys from various backgrounds for sure positions.”), Allensworth notes that it may nonetheless scare off Biglaw.
