In the wake of the landmark US Supreme Court decision Students for Fair Admissions, Inc v. President and Fellows of Harvard College, Edward Blum, the founder of Students for Fair Admissions, has started challenging the use of racial classifications and preferences by private corporations. Next on his agenda is minority-focused grant programs. The recent turn to philanthropic organizations advances Blum's three-pronged attack on diversity, equity, and inclusion efforts: first, in higher education, then on corporate diversity and hiring, and now the group is working to chill race-based funding and grantmaking activity.
Partners Ann O'Leary and Marcus Childress and Associate Illyana Green discuss what to expect as philanthropic organizations and grantmaking activities will likely continue to be heavily scrutinized in the lead up to the 2024 US Election.
As a lawyer and crisis leader, Ann O'Leary draws on decades of experience in government, politics, social policy, and non-profit leadership to assist companies that are facing complex public policy issues at the intersection of law and business. Her unique service in federal, state, and local government, including as Chief of Staff to the Governor of California Gavin Newsom, in the White House, in Congress, and in San Francisco's City Hall, allows Ann to guide clients through crises involving intense media scrutiny, multi-party investigations, litigation, and legislative or regulatory actions. As co-chair of the firm's Government Controversies and Public Policy Litigation Practice, she leads teams that work effectively to ensure that clients can meet their business objectives while addressing the oversight and interest of public policy makers across federal, state, and local governments.
Marcus leverages his extensive investigative and trial experience to guide clients through parallel inquiries, including congressional investigations, government enforcement actions, civil litigation, and workplace crises, which often attract media scrutiny. As co-chair of the firm's DEI Protection Task Force, Marcus helps companies and organizations navigate the political and litigation risks stemming from the US Supreme Court's decisions regarding race-conscious admissions. During his career, Marcus has conducted over 60 congressional depositions and interviews, tried more than 20 criminal trials, and regularly provides strategic advice on issues that are politically sensitive. Marcus is an active member of the Leadership Council on Legal Diversity, serving as a City Lead, and is a member of the DC Bar Association's DEIA Task Force. He is frequently interviewed by leading media outlets, including CNN and MSNBC.
Illyana assists clients involved in appellate and trial litigation involving complex issues of commercial, constitutional, and administrative law. She has authored or co-authored briefs in the US Supreme Court, federal courts of appeals and federal district courts. Illyana also regularly counsels clients on the implications of key legal decisions for their business and operations.
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