Manhattan U.S. District Court Judge Harold Baer, Jr. ordered two firms serving as co-lead counsel in a securities class action to "make every effort" to assign at least one minority and one woman to the case.
Judge Baer ruled, “WHEREAS this proposed class includes thousands of participants, both male and female, arguably from diverse backgrounds, and it is therefore important to all concerned that there is evidence of diversity, in terms of race and gender, in the class counsel I appoint, see In re J.P. Morgan Chase Cash Balance Litigation, 242 F.R.D. 265, 277 (S.D.N.Y. 2007); it is hereby ORDERED that Co-Lead counsel, Robbins Geller Rudman & Dowd LLP and Labaton Sucharow LLP, shall make every effort to assign to this matter at least one minority lawyer and one woman lawyer with requisite experience…”
In the 21st century, the legal profession faces no greater challenge than the imperative to advance diversity throughout our ranks. Is this the start of a trend by the judiciary to meet this challenge? Are such orders constitutional? What impact will Judge Baer’s order have on trial team staffing by defense counsel? Will corporations demand that defense counsel have a diverse trial team as a preemptive measure?