Insights

Washington – June 6, 2024: Crowell & Moring earned 78 rankings for 67 lawyers, as well as 41 national and statewide practice area rankings, in the Chambers USA 2024 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

Washington – May 29, 2024: Crowell & Moring has been selected as one of the top five “Best Law Firms for Women and Diversity” by Seramount, a professional services and research firm dedicated to advancing diversity, equity, and inclusion in the workplace. This marks the 13thyear in a row that Crowell has been recognized as one of the nation’s best law firms for employing best practices in recruiting, retaining, promoting, and developing women lawyers and lawyers from underrepresented backgrounds.

Washington – July 14, 2023: Lawyers of Color has recognized four Crowell & Moring lawyers on its Hot List 2023 and two on its inaugural Wonderful Women list.

On February 13, 2025, a coalition of sixteen state attorneys general issued a “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives” (the Guidance). Led by Attorney General Andrea Campbell of Massachusetts and Attorney General Kwame Raoul of Illinois, and joined by the Attorneys General of Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont, the Guidance is a direct response to concerns from the private sector in the aftermath of President Trump’s recent Executive Order 14173, which  directed federal agencies “to encourage the private sector to end illegal discrimination and preferences, including DEI.” The Guidance clarifies “the state of the law for businesses, nonprofits, and other organizations operating” in their respective states.

There has been a lot of talk about diversity, equity and inclusion (DEI) lately, largely due to two recent Executive Orders (EO 14151 and EO 14173) (collectively referred to as “the EOs”) signed by President Trump during his first days in office and subsequent implementing memos issued by the Office of Management and Budget (OMB), the Office of Personnel Management (OPM), and the Justice Department. The EOs aim first to dismantle DEI “mandates, policies, programs, preferences, and activities in the Federal Government.” Specifically, the EOs task the Director of the OPM with reviewing and revising all federal employment practices, union contracts, and trainings to ensure elimination of all DEI and related programs. They next direct federal agencies to combat private sector DEI through civil compliance investigations, to terminate equity-related initiatives, programs, grants, or contracts, and to require certifications (with potential False Claims Act liability if the certifications are not valid) that the contractor or grantee “does not operate any programs promoting DEI that violate any applicable federal anti-discrimination laws.”  These EOs are discussed in detail in our prior Alert.

On Inauguration Day, President Trump issued a flurry of executive orders.  Among the first he signed was the Initial Rescissions Of Harmful Executive Orders and Actions Executive Order (the “Rescinding EO”). This directive rescinded 78 executive orders issued by the Biden Administration.  The revocation of one in particular, Executive Order 14055 of November 18, 2021 Non-displacement of Qualified Workers Under Service Contracts (the “EO 14055”), will have an immediate impact on federal contractors performing and bidding on Service Contracts.

Most companies acknowledge that a robust pipeline of qualified, diverse talent is critical. Recent legal developments in the areas of diversity, equity, and inclusion (DEI) and artificial intelligence (AI) are creating potential new challenges for employers trying to maintain those pipelines. The result is likely to be an increase in employment lawsuits in 2024 and beyond.

Lorraine Campos,  Toni Michelle Jackson, Trina Fairley Barlow, and Meschach Rhoades will be speaking at the Corporate Counsel Women of Color's 19th Annual Career Strategies Conference.

Please join us for the next edition of Third Thursday – Crowell & Moring’s Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law and emerging compliance issues.

Please join us for the next edition of Third Thursday – Crowell & Moring's Labor and Employment Update, a webinar series dedicated to helping our clients stay on top of developing law, emerging compliance issues, and best practices.

Recent pronouncements from top Department of Justice (“DOJ”) officials, and corresponding updates to the DOJ’s corporate criminal enforcement policies, highlight the Department’s focus on incentivizing voluntary disclosures and the increasingly critical role that a robust compliance program must play in companies today.  Our panel discussion with seasoned Crowell White Collar & Regulatory Enforcement, Investigations, and Labor and Employment attorneys will provide background and context to the updated policies, break down the new developments, and discuss actionable, practical steps that companies can take now to ensure alignment with the updated DOJ guidance—particularly when it comes to calibrating corporate compliance programs to incentivize good behavior and avoid misconduct. 

ESG is a major challenge for insurers. All businesses are being called upon to reevaluate their products and purpose, including their role as employers of diverse, engaged workforces. Plaintiffs’ counsel have already begun to take advantage of changing regulatory and consumer expectations, and ESG-related claims are being pursued in the courts over a wide range of issues. Not only are insurers figuring out how to help others manage these risks, they’re also trying to determine the many ways ESG affects them. 

This week's episode discusses President Trump’s September 22 "Executive Order on Combating Race and Sex Stereotyping," and is hosted by partners Peter Eyre and Trina Fairley Barlow. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

In this special edition, partners Tom Gies and Trina Fairley Barlow discuss legal issues government contractors face with regards to the implications of state laws legalizing marijuana use on employer drug testing programs. Crowell & Moring's "Fastest 5 Minutes" is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.

In this episode, hosts Jason Crawford and Mana Lombardo speak with Trina Fairley Barlow, a partner in the firm’s Labor and Employment and Government Contracts groups, and Christine Hawes, counsel in the Labor & Employment Group, to discuss the False Claims Act’s retaliation provision and considerations for investigating FCA allegations brought by whistleblowers. "Let's Talk FCA" is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.