Addressing Risks from Perkins Coie LLP

March 6, 2025

Presidential Actions

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Action Summary

Purpose: Address longstanding misconduct by Perkins Coie LLP, including alleged election interference via a false dossier and efforts to undermine democratic election laws, as well as engaging in racial discrimination.
Security Clearance Review: Immediate suspension and review of all active security clearances held by individuals associated with Perkins Coie to ensure alignment with national interest.
Government Contracting: Require contractors to disclose any business with Perkins Coie; review and potentially terminate contracts with Perkins Coie or its affiliates to prevent further misuse of taxpayer dollars.
Racial Discrimination Investigation: Mandate the EEOC to review discriminatory hiring and promotion practices at large law firms, and direct the Attorney General to investigate any discriminatory practices by firms doing business with Federal entities.
Personnel Restrictions: Limit access of Perkins Coie employees to Federal Government buildings and restrict interactions between government employees and Perkins Coie personnel to safeguard national security; discourage hiring former Perkins Coie employees without proper clearance.
General Provisions: Clarify that the order does not impair existing legal authorities, is subject to applicable law and appropriations, and does not create enforceable rights against the United States.

Risks & Considerations

The Executive Order targets Perkins Coie LLP for alleged unethical practices, including racial discrimination and involvement in anti-democratic activities. This could lead to increased scrutiny of legal firms and their practices, potentially affecting Vanderbilt University’s legal partnerships and collaborations.
The focus on ending discrimination under “diversity, equity, and inclusion” policies may impact Vanderbilt’s own DEI initiatives. The university may need to review its policies to ensure compliance with federal expectations and avoid potential legal challenges.
The order’s emphasis on security clearance reviews and contracting restrictions could affect Vanderbilt’s ability to engage with certain federal contracts or partnerships, particularly if any of its collaborators are linked to Perkins Coie.
Vanderbilt may need to assess its legal and compliance frameworks to ensure alignment with the new federal directives, especially in terms of non-discrimination and contracting practices.

Impacted Programs

Vanderbilt’s Legal Department may need to conduct a thorough review of its contracts and partnerships to ensure compliance with the new federal guidelines and avoid any potential conflicts.
The Office of Diversity and Inclusion might need to reassess its policies and practices to ensure they align with the federal government’s stance on DEI initiatives and avoid any perception of discriminatory practices.
Research and Grant Administration could be impacted if federal funding opportunities are affected by the new contracting and security clearance requirements, necessitating adjustments in grant application strategies.
The Human Resources Department may need to review hiring practices to ensure they are free from any perceived biases or discriminatory practices, in line with the Executive Order’s directives.

Financial Impact

The potential termination of contracts with entities linked to Perkins Coie could affect Vanderbilt’s financial engagements and necessitate the identification of alternative partners or service providers.
Changes in federal contracting policies may impact the university’s ability to secure certain types of federal funding, requiring strategic adjustments in funding pursuits and collaborations.
Vanderbilt may need to allocate resources to ensure compliance with the new federal directives, potentially impacting budget allocations for other initiatives.
There could be opportunities for Vanderbilt to engage in research and policy development related to non-discrimination and DEI practices, potentially attracting new funding and collaboration opportunities.

Relevance Score: 4 (The order presents a need for potential major changes or transformations of programs.)

Key Actions

Vanderbilt’s Legal Department should review any existing or potential contracts with Perkins Coie or entities associated with them to ensure compliance with the new executive order. This will help mitigate any risks associated with federal funding or legal compliance.
The Office of Federal Relations should monitor developments related to the executive order’s impact on federal contracting and security clearance policies. This will be crucial for understanding how these changes might affect Vanderbilt’s interactions with federal agencies and contractors.
Human Resources should ensure that Vanderbilt’s hiring and promotion practices are fully compliant with Title VII of the Civil Rights Act of 1964, as the executive order emphasizes scrutiny on racial discrimination practices in large law firms.
The Department of Political Science could conduct research on the implications of the executive order for democratic processes and legal practices. This research can provide valuable insights into how these policies affect the legal landscape and inform Vanderbilt’s strategic positioning.

Opportunities

The executive order presents an opportunity for Vanderbilt Law School to engage in discussions and research on the impact of legal practices on democracy and civil rights. By contributing to the national conversation, the law school can enhance its reputation as a thought leader in legal ethics and policy.
Vanderbilt can capitalize on the increased focus on non-discrimination policies by developing new programs and partnerships that promote diversity, equity, and inclusion. This could include joint initiatives with other universities and organizations to advance civil rights and social justice.

Relevance Score: 3 (The order requires some adjustments to processes or procedures related to legal compliance and federal interactions.)

Average Relevance Score: 4.4

Timeline for Implementation

Immediately – In Sections 2 and 5, agency heads are directed to immediately suspend security clearances and modify access and engagement policies regarding Perkins Coie.
Within 30 days – In Section 3(b), all agencies must submit an assessment of contracts with Perkins Coie or with entities doing business with it.

Relevance Score: 5

Impacted Government Organizations

Attorney General / Department of Justice: Tasked with suspending security clearances for Perkins Coie employees, and coordinating investigations into discriminatory practices in major law firms engaging with Federal entities.
Director of National Intelligence: Charged with reviewing the national security implications of maintaining active security clearances for Perkins Coie personnel.
Office of Management and Budget (OMB): Responsible for identifying and ceasing Government goods and services provided to Perkins Coie and for collecting agency assessments regarding contracts with Perkins Coie.
Equal Employment Opportunity Commission (EEOC): Directed to review and potentially address discriminatory employment practices among large, influential law firms in compliance with Title VII of the Civil Rights Act.
Heads of Executive Departments and Agencies: Required to suspend and review security clearances, reassess contracting relationships with Perkins Coie, guide personnel interactions, and limit facility access when national security is at risk.
Office of Personnel Management (OPM): To be consulted regarding hiring decisions to ensure that employment of former Perkins Coie employees does not compromise national security interests.
Government Contracting Agencies: Instructed to enforce disclosure and review requirements related to business conducted with Perkins Coie, potentially terminating contracts as necessary.

Relevance Score: 5 (This Executive Order impacts a broad array of Federal entities across multiple sectors, effectively applying across the entire government.)

Responsible Officials

Attorney General – Charged with suspending security clearances for Perkins Coie employees, investigating discriminatory practices, and coordinating with other officials for enforcement actions.
Director of National Intelligence – Responsible for reviewing the security clearances held by Perkins Coie individuals as required by the order.
Office of Management and Budget Director – Tasked with identifying all government-provided goods, property, materials, and services to Perkins Coie and collecting assessments on contracts with the firm.
Heads of Executive Departments and Agencies – Instructed to suspend security clearances, cease the provision of defined government services to Perkins Coie, review and potentially terminate contracts, and limit personnel interactions and access to government facilities in relation to Perkins Coie.
Chair of the Equal Employment Opportunity Commission – Assigned to review discriminatory practices at major law firms and coordinate with the Attorney General on investigations of race- and sex-based discrimination.
Agency Officials – Directed to provide guidance on limiting official interactions and hiring practices related to Perkins Coie, ensuring national security and alignment with federal interests.
Director of the Office of Personnel Management – Consulted regarding hiring decisions to ensure that employing former Perkins Coie personnel does not compromise national security.
State Attorneys General – To be consulted as appropriate in coordinating discrimination investigations with the Attorney General.

Relevance Score: 5 (Directives affect high-level agency heads and Cabinet officials, implicating significant national security and regulatory oversight).