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DEI Strategy + Defense

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Companies increasingly face outside pressure related to their DEI programs. Our experienced team provides effective strategy and defense against such challenges.

Companies, boards, and investors are facing increased pressure from legislatures, regulators, shareholders, employees, and activists related to their diversity, equity, and inclusion (DEI) programs and commitments.

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DEI Strategy, Programs and Defense

Case Studies

How the New Standard of Harm Under Muldrow Impacts Employer Defenses to Title VII Claims and DEI Initiatives

DEI in Today's Climate

LIVE (Virtual) Ethicast: Global Ethics Summit on DEI Data

WMILG 2024 Quarterly Meeting

Exploring ESG (Environmental, Social, and Governance) Through a GRC Lens

DEI Under Fire: What's Next For Diversity Programs In The Legal And Arbitration Communities

Events

What's Changed in California's Diversity Reporting Law

When will we stop having lists of top women lawyers?

Trends in law firm DEI practices

The EEOC Issues Pregnant Workers Fairness Act Final Regulations, Expanding Federal Protections for Covered Employees and Applicants

SCOTUS Lowers the Bar for Discriminatory Job Transfers Under Title VII

Maryland Poised to Continue Trend of Jurisdictions Mandating Pay Transparency in Job Postings

Insights

Daily Journal Names MoFo Partner Bonnie Lau to Top 100 Lawyers List

Two Partners Named as Winners of Corporate Counsel’s Women, Influence & Power in Law Awards

Morrison Foerster Named a Global Leader by Chambers Crisis Management 2024

Utah Becomes the Latest State to Limit DE&I in State Universities and Government

Employers Ask ‘What Is AI’ as Regulators Probe Hiring Biases

Biden Administration Moves Forward With Salary History Ban and Pay Equity Rules. What You Need to Know

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Carrie H. Cohen is global co-chair of the Investigations + White Collar Defense practice group as well as co-chair of the firm’s State + Local Government Enforcement team and DEI Strategy + Defense group. Prior to joining the firm, Carrie served as an Assistant U.S. Attorney in the Southern District of New York (SDNY) and as Chief of the Public Integrity Bureau of the New York State Attorney General’s Office.As a former federal and state prosecutor, Carrie routinely advises and represents corporations, boards, and c-suite executives in government-facing investigative and regulatory matters with a particular focus on state and local government matters. Carrie’s extensive trial experience and distinguished record of success in high‑stakes, white collar defense and securities matters cement her position as a leading lawyer in these practice areas, and she is often called upon as trial counsel for particularly sensitive matters. Carrie’s trial and white collar expertise have been recognized by a variety of organizations including Chambers USA, which describes her as “. . . a terrific trial lawyer with great judgment and timing, [who] knows how to present complex cases in a digestible way.” Carrie also routinely prepares clients who are called to testify before Congress and state and city legislatures and works on matters that involve multijurisdictional investigations and significant media attention.While serving in the SDNY, Carrie investigated and tried public corruption, investment fraud, and securities cases, including obtaining the first convictions of former New York State Assembly Speaker Sheldon Silver. She also served as Chief of the Public Integrity Unit in the Criminal Division in the New York State Attorney General’s Office and as an Assistant Attorney General in the Civil Rights Bureau, where she received the Louis J. Lefkowitz Memorial Award for outstanding service.Carrie is a recognized industry expert in public corruption and state and local government actions. Carrie is an Adjunct Professor at the University of Pennsylvania Law School, where she teaches a seminar on Public Corruption and the Law. Among other appointments, Carrie has served and presented written public reports as Special Counsel to the New York City Council, Special Independent Counsel to the City of Rochester, and Counsel to the California Department of Justice as well as being part of the Monitorship team appointed by the U.S. Department of Justice for the global Odebrecht corruption matter. She also was appointed by Governor Kathy Hochul to the Metropolitan Transit Authority Inspector General’s Board and now serves as its Acting Chair as well as having been appointed by the Chief Judge of the United States District Court for the Eastern District of New York as Counsel to the Court’s Grievance Committee.Carrie serves on multiple bar committees and task forces as part of her effort to promote the public interest through criminal justice reform. She was appointed Chair of the New York State Bar Association’s Task Force on Domestic Terrorism and Hate Crimes, whose report was adopted by the House of Delegates in June 2020 and as a member of the New York State Bar Association’s Task Force on Racial Injustice and Police Reform and Task Force on Wrongful Convictions. As a leader of the Bar, Carrie serves as a Vice President and Trustee of the Federal Bar Council and President-Elect of its Inn of Court and was appointed Co-Chair of the Federal-State Judicial Advisory Council as well as prior service as a Vice President of the New York City Bar, Chair of its Executive Committee, and member of its Nominating Committee. Carrie also is a member of the Board of Directors of Volunteers of Legal Service, an organization that provides pro bono legal services to the New York community, and was appointed by the SDNY to its Criminal Justice Act Panel to serve as counsel to indigent defendants in federal criminal cases. In 2023, Carrie was appointed as a board member for the Beyond #MeToo Working Group to advance its mission of challenging workplace harassment, discrimination, and misconduct and promoting best practices for workplace inclusion and corporate diversity.Carrie has long been dedicated to advancing women in the legal profession, both in the United States and globally. She co-chairs Morrison Foerster’s Women’s Strategy Committee, a group that works with firm leaders to ensure the advancement of women remains a strategic priority, and serves as a member of the New York City Bar’s Cyrus R. Vance Center for International Justice, where she spearheads a professional development program for women lawyers in Latin America and South Africa. She is also a member of the Women’s Forum of New York, which is comprised of a diverse group of recognized leaders in their respective fields who are proactive in the advancement of women.Carrie co-authored the acclaimed New York State Bar Association report adopted by the American Bar Association “If Not Now, When? Achieving Equality for Women Attorneys in the Courtroom and in ADR” and the follow-up report adopted by the House of Delegates “The Time is Now: Achieving Equality for Women Attorneys in the Courtroom and in ADR.” She serves on the Steering Committee of the When There Are Nine Scholarship Project, which she founded with other alumnae from the United States Attorney’s Office for the Southern District of New York to honor the late Justice Ruth Bader Ginsburg by providing law school scholarships and mentorship to the next generation of women leaders.<h4>Representative Matters</h4><ul><li>Public Corruption/Government Representation. Represent elected and appointed public officials, public entities, and individuals doing business with the government in a variety of public corruption-related matters with a focus on public-facing reports.<ul><li>Special Independent Counsel to the New York City Council related to investigations of certain Council Members for misconduct and corruption.</li><li>Special Counsel to the MTA related to an examination of time, attendance, and overtime, which included presenting a public report to the MTA Board.</li><li>Representation of the California Department of Justice’s Office of the Attorney General in leading and conducting an independent review of its public release of confidential personal information associated with firearms permit holders and applicants, which included the preparation and release of a public report.</li><li>Trial counsel for Rochester Mayor Lovely Warren for campaign finance charges; Hon. John A. Michalek for public corruption offenses; Hon. Sylvia Ash for obstruction of justice charges.</li></ul></li><li>Financial Institutions/Securities Matters. Represent banks and other financial institutions in investigations of regulatory and consumer-related matters. Represent corporations and individuals in a variety of criminal investigations and regulatory matters involving federal and state securities laws.</li><li>FCPA. Represent corporations in FCPA investigations. Service on the DOJ-appointed Monitorship team in the criminal prosecution of Odebrecht.</li><li>Workplace Misconduct. Conduct investigations for corporations and boards related to workplace misconduct and #MeToo issues and provide related advocacy and legal advice.</li><li>Cybersecurity. Conduct investigations of cybersecurity incidents and represent companies in related government and regulatory matters concerning disclosure of data breaches, theft of intellectual property, and other issues.</li><li>RICO/Civil Fraud/Commercial Litigation. Represent a wide variety of public and private corporations in civil fraud, RICO, and commercial litigation including at trial. Represent UPS at trial in SDNY case brought by the New York State Attorney General’s Office and the City of New York alleging illegal transportation of untaxed cigarettes.</li></ul>

Carrie Cohen

Partner

Andrew co-chairs the firm’s Global Employment and Labor Group. He represents companies on a broad range of labor and employment litigation and counseling matters, successfully defending clients in number complex matters before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, such as:<ul><li>OFCCP compliance</li><li>Creating and implementing affirmative action plans</li><li>Defending OFCCP audits and onsite investigations</li><li>Conducting mock pay equity audits</li><li>Drafting and developing business ethics policies and programs</li><li>Complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act</li></ul>He is also well-versed in defending clients against claims alleging trade secret misappropriation, breach of post-employment restrictions, wage-and-hour violations, discrimination, and retaliation.Andrew routinely develops practical, proactive strategies to help employers minimize risk on various human resource matters. Andrew regularly advises clients on:<ul><li>EEO and diversity</li><li>Wage-and-hour</li><li>High-stakes employee terminations</li><li>Executive disputes</li><li>Reductions in force</li><li>Leaves of absence</li><li>Accommodations</li><li>Pay equity</li><li>Employee selection processes</li><li>Employment testing</li><li>Contingent workers </li><li>Policy development and application</li></ul>In addition, Andrew advises on a wide range of employment transactional matters, such as drafting and negotiating executive employment agreements and separations, overseeing internal investigations and audits of employment issues, and conducting employment diligence on mergers, acquisitions, and other corporate transactions.He has significant experience advising technology and other companies on protecting against the loss of trade secrets, proprietary information, and current and prospective clients. Andrew also represents employers in matters involving union avoidance, negotiating and drafting collective bargaining agreements, handling union grievances, and avoiding and defending unfair labor practice charges.<h4>Federal Contractor Experience</h4><ul><li>Defended numerous OFCCP audits, including closing audits with a finding of no violations against a major accounting firm, a language learning software provider, and a technology consulting company</li><li>Obtained complete dismissal of a significant OFCCP complaint against a large aerospace and space transport company</li><li>Performed mock SCA audits for various contractors</li><li>Led labor and employment diligence for $1 billion acquisition of international security firm</li><li>Developed and overhauled numerous affirmative action plans and EEO training programs</li><li>Analyzed subcontractor status for numerous companies to determine OFCCP coverage, including for a large semiconductor manufacturer</li><li>Conducted E-Verify and I-9 audit for a national dispute consulting contractor</li><li>Performed “single entity” analysis for one of the largest mutual life insurance companies</li><li>Conducted pay equity audits for contractors, including for a software and consulting company</li><li>Obtained DOL approval under the SCA for self-funded fringe benefit program of an aviation and space contractor</li><li>Advised a multinational package delivery company on establishing program to conduct denied party screening under lists maintained by OFAC and BIS while minimizing risk of discrimination claims and compliance with background check laws</li><li>Advised a global coffee and coffeehouse chain on establishing hiring processes to avoid discrimination claims while complying with ITAR/EAR</li><li>Developed business ethics policies and programs for a large pharmaceutical manufacturer</li></ul><h4>Other Representative Experience</h4><ul><li>Defended education association against claims by former employers of two executives alleging breach of restrictive covenants and theft of trade secrets and confidential information</li><li>Obtained preliminary injunction enforcing a noncompetition agreement and other restrictive covenants against a former senior sales executive of a technology firm</li><li>Led internal investigation of sexual harassment claims against COO of a public real estate firm</li><li>Advised a global food manufacturer in avoiding litigation while terminating employee threatening whistleblower claims based on employer’s confidential information</li><li>Defended former senior executives of a global manufacturer of performance fabrics against allegations of misappropriation of trade secrets and breach of noncompetition agreements</li><li>Advised an entrepreneur in creating startup while minimizing risk of his former employer pursuing enforcement of restrictive covenants </li><li>Assisted a property management firm in navigating internal investigation of whistleblower claims related to alleged fraud, ethics violations, and sexual harassment by senior executive</li><li>Won motion for reconsideration convincing court to grant summary judgment in gender discrimination and retaliation case against a large DC employer </li><li>Obtained terminating sanctions and attorneys’ fees and costs for discovery violations in a discrimination suit against a large utility provider </li><li>Obtained favorable arbitration decision for a software company in claims by former executive alleging breach of his employment agreement</li><li>Advised a company board in navigating termination of CEO and successfully defended CEO’s breach of contract and wage claims</li><li>Defended numerous EEOC charges, including against a national event planner, a multinational professional services company, and an operator of research and development centers for the government</li><li>Defended and settled over 30 unfair labor practice charges against a national call center operator</li><li>Negotiated new collective bargaining agreements with four separate unions in bankruptcy of an international maritime shipping company</li><li>Awarded pro bono achievement award for defending a non profit in litigation and several administrative audits before the EEOC and state agencies related to a former employee’s whistleblower and discrimination claims, including defending multiple onsite investigations</li><li>Oversaw validation of pre-employment tests for a national food service distributor</li></ul>Prior to joining MoFo, Andrew was a human resources manager for an Inc. 500 company, ranked as one of the fastest-growing private companies in the United States.Andrew is a member of the steering committee and actively involved in the Washington Metro Industry Liaison Group. He is also a member of the firm’s global Environmental, Social, and Governance (ESG) steering committee.<h4>Rankings</h4><ul><li>Recommended for Government Contracts – Legal 500 US 2019 </li></ul>

Andrew Turnbull

Co-Chair, Global Employment and Labor Practice

Natalie Kernisant is Morrison Foerster’s Chief Diversity and Inclusion Officer.Natalie provides strategic leadership to advance recruiting and retention of diverse talent at the firm, as well as providing client development support in the area of diversity and inclusion. She works closely with the firm’s Diversity Strategy Committee co-chairs Alexis Amezcua, Purvi Patel, and Mark Whitaker, and Women’s Strategy Committee co-chairs Carrie Cohen, Julie Park, and Stacey Sprenkel.Natalie joined Morrison Foerster in November 2013. She was appointed to the newly created role of Chief Diversity and Inclusion Officer in December 2020, having previously served as the firm’s Global Director of Diversity and Inclusion.Prior to joining Morrison Foerster, Natalie served as Human Resources Manager for Risk Management within Global Banking and Markets at Bank of America Merrill Lynch. Before that, she practiced trademark and copyright law and then served as the Special Projects Manager in the Office of Institutional Policy & Planning at Harvard Medical School overseeing the school’s 2011 accreditation process.In 2021, Natalie was named by Crain’s New York Business to its list of Notable Black Leaders & Executives 2021. The special section recognizes black men and women who have impacted New York City in major ways and sets out to honor their professional, civic, and philanthropic achievements. In 2023, Natalie was recognized as one of Savoy Magazine’s 2023 Most Influential Executives in Diversity & Inclusion. She was also selected to Law360’s Diversity & Inclusion Editorial Advisory Board, whose goal is to provide feedback on Law360’s coverage as well as expert insight on how to shape future coverage. Additionally, she was recognized in the Financial Times 2023 North America Innovative Lawyers report as one of seven individual “Change Makers” in the legal industry for her strategic leadership of the firm’s efforts to interrupt unconscious bias and advance diversity and inclusion in the workplace. In 2024, Natalie was named as a Change Driver in the Annual Diversity Awards of World IP Review (WIPR). The annual Diversity Awards recognize those who have made exceptional contributions to diversity and inclusion in the field of intellectual property.During Natalie’s tenure at MoFo, the firm has received multiple <a href="/culture/diversity#page-section-4" target="_self">diversity and inclusion awards and recognitions</a>.

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