Session 1: Welcome and New Non-Profit Organizations/Public Charities Division Leadership Session 4: Nonprofit: After the U.S. Supreme Court’s Affirmative Action Decisions The Conference focuses on the new and noteworthy: Election year political activity and lobbying, the U.S. Supreme Court’s affirmative action decisions and their fallout, a year-in-review roundup, and the new Division Chief of the Nonprofit Organizations, Public Charities Division of the Massachusetts Attorney General’s Office. We also take a deep dive into choice of entity considerations and impact investing.

The Sixth Amendment guarantees the right to an “impartial jury.” And 20th century jurisprudence establishes an essential ingredient of impartiality is a jury that is “representative” of the community and selected from a fair cross section of that community. Yet decades later, jury panels are not as diverse as the general population. Experience and evidence demonstrate that the lack of diversity not only can undermine representative function of juries, but also the quality of jury deliberations and the fairness of verdicts. This webcast from ALI CLE will discuss a variety of practices available to counsel and the courts, to improve the fairness and representativeness of venires and the proven benefits of diversity upon group decision making. in both civil and criminal cases.

The Supreme Court’s Harvard decision, other current events, and changing DEI sentiments are putting DEI programming in the crosshairs. Many employers, including law firms, have recognized the well-documented business benefits of policies focused on increasing diversity, equity and inclusion (DEI). In addition to being an effective business strategy, DEI programs also reflect an organization's values and is a visible statement of an organization’s commitment to creating a harmonious, socially responsible, and culturally diverse organization. But the laws that prevent invidious employment discrimination may also restrict employer efforts to increase DEI, too. There is no “DEI exception” to the Title VII prohibition on considering race, gender, etc. in any employment decision, policy, or practice. And today many employers find themselves scrambling to develop authentic DEI policies that meet the demands of an evolving legal framework and an unpredictable - often increasing critical - public forum.

The legal profession continues to struggle with attracting and retaining diverse attorneys representative of the communities they serve. How does this challenge affect you and your practice? With today’s increasing demand for diversity in the legal profession by everyone, including clients, it is particularly important for practicing attorneys to understand diversity, equity, and inclusion (DEI) issues and how they relate to the practice of law as well as their own business. Indeed, the American Bar Association has taken a stance by implementing Model Rule 8.4(g) to prevent lawyers from engaging in discriminatory conduct. Join us at this timely webcast to explore the challenges of diversity in the legal profession and the importance of DEI to your practice!

Diversity, equity, and inclusion (DEI) issues pose a challenge for estate planners not only within their firms, but also across their client base. Internally, firm leadership grapples with meaningful ways to address the continued disparity in representation, opportunity, and compensation when it comes to recruiting, employing, and promoting women, LGBTQ+ people, and members of racial and ethnic minority groups. Additionally, estate planners may not fully consider patterns of wealth holding and attitudes towards generational wealth planning specific to certain minority groups when attracting and serving clients.

This CLE will focus on a brief review of current ethics trends highlighting LGBTQ+ issues impacting counsel, client, and conduct in courts, including discussion on Rule 8.4(g) of the ABA Model Rules of Professional Conduct and specific states’ interpretations of same. The CLE will also discuss challenges that members of the LGBTQ+ community face in the legal system and provide tips and guidance for all attorneys in upholding the rules of ethics while tackling these issues.

Scientific research informs us that elimination of bias is not possible, but can be managed. Bias is an automatic instinctive human process in response to our perceptions — even in those who insist they are not bias. In this 95-minute, CLE and ethics-eligible program, learn the science behind bias and key strategies for managing and mitigating it in your legal practice and in life.