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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

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Case Studies

Navigating DEI: Mitigating Risks and Protecting Corporate Values

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

Events

DOJ Creates Initiative to Pursue Aggressive False Claims Act Enforcement Against DEI Programs and Civil Rights Violations

2024 State AGs Year in Review

MoFo’s State + Local Government Enforcement Newsletter (February 2025)

Fourth Circuit Stays Injunction of Trump DEI Executive Orders

DEI Risk Audits: Mitigate Risks and Protect Values

What Now? President Trump's DEI Executive Orders Temporarily Paused

Insights

Major companies are anxiously awaiting to see whether or not they will be targeted by the federal government for a DEI investigation

Brian R. Michael and Purvi G. Patel named Top 100 Lawyers by Los Angeles Business Journal for 2025

Thirteen from MoFo Named to Law360 Editorial Advisory Boards

SCOTUS Likely to Strike Down Heightened Proof Burden for ‘Reverse Discrimination’ Plaintiffs

Trump DEI Order Block Has Companies Asking: Now What? (Correct)

What to know about ERGs under the new Trump administration

News

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Carrie H. Cohen is global co-chair of the Investigations + White Collar Defense practice group and the firm’s State + Local Government Enforcement team. Prior to joining the firm, Carrie served in the New York State Attorney General’s Office as Chief of the Public Integrity Bureau and an Assistant Attorney General in the Civil Rights Bureau where she received the Louis J. Lefkowitz Memorial Award for outstanding service. Carrie also served as an Assistant U.S. Attorney in the Southern District of New York (SDNY) where she prosecuted public corruption and securities matters, including obtaining the first trial conviction of former Speaker of the New York State Assembly Sheldon Silver.As a former state and federal prosecutor, Carrie routinely 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 matters cement her position as a leading lawyer who often is 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. Carrie is a recognized industry expert in public corruption and state and local government actions. Carrie frequently is selected by government agencies to serve as independent counsel and issue public reports, which has included her appointment as Independent Monitor for the Federal Deposit Insurance Corporation, Special Counsel to the New York City Council, Special Independent Counsel to the City of Rochester, and Counsel to the California Attorney General’s Office (CA AG) as well as being part of the Monitorship Team appointed by DOJ for the global Odebrecht corruption matter. She also was appointed by Governor Kathy Hochul to the Metropolitan Transit Authority Inspector General’s Board and 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 also is an Adjunct Professor at the University of Pennsylvania Law School, where she teaches a seminar on Public Corruption and the Law. Carrie serves on multiple bar committees and task forces as part of her effort to promote the rule of law. She was appointed Chair of the New York State Bar Association’s (NYSBA) Task Force on Domestic Terrorism and Hate Crimes and served as a member of the NYSBA 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 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. 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 and the Belizean Grove, both of which are by nomination only and are comprised of a diverse group of recognized women leaders in their respective fields.Carrie co-authored the acclaimed NYSBA 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 “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 co-founded with other SDNY alumnae to honor the late Justice Ruth Bader Ginsburg by providing law school scholarships and mentorship.<h4>Representative Experience</h4><ul><li>Government Appointments/Public Corruption. Appointments as independent counsel for federal, state, and local government agencies. Represents 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.</li><ul><li>Independent Monitor for the Federal Deposit Insurance Corporation related to workplace issues.</li><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 report to the MTA Board.</li><li>Independent Counsel to the CA AG to conduct a 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>Service on the DOJ-appointed Monitorship Team for the global Odebrecht corruption matter.</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; County officials related to allegations of official misconduct and bid rigging.</li></ul><li>Financial Institutions/Securities Matters. Represents banks and other financial institutions in investigations of regulatory and consumer-related matters. Represents corporations and individuals in a variety of criminal investigations and regulatory matters involving federal and state securities laws.</li><li>Foreign Corrupt Practices Act (FCPA). Represents corporations in FCPA investigations across industries and in numerous jurisdictions. Service on the DOJ-appointed Monitorship team in the criminal prosecution of Odebrecht.</li><li>Workplace Misconduct. Conducts investigations for corporations and boards related to workplace misconduct and #MeToo issues and provides related advocacy and legal advice.</li><li>Cybersecurity. Conducts investigations of cybersecurity incidents and represents companies in related government and regulatory matters concerning disclosure of data and privacy issues.</li><li>RICO/Civil Fraud/Commercial Litigation. Represents a wide variety of public and private corporations in civil fraud, RICO, and commercial litigation including at trial. Represented UPS at trial in SDNY in a case brought by the NYAG and the City of New York alleging illegal transportation of untaxed cigarettes.</li></ul>

Carrie Cohen

Partner

Andrew Turnbull co-chairs the firm’s Global Employment + Labor Group and DEI Strategy + Defense Task Force. He has extensive experience advising, defending, and investigating high stakes and class discrimination, harassment, and whistleblower claims, including enforcement actions by EEOC, DOL, DOJ Civil Rights, ICE, and similar state agencies.  He is also well versed in defending and pursuing employee mobility and trade secret misappropriation claims, including breach of non-competes, non-solicits, and non-disclosures claims as well as and duty of loyalty and trade secrets claims. Andrew also routinely defends and advises companies, board of directors, and executives on the significant reputational, business, and compensation issues arising from executive disputes.A primary focus of Andrew’s practice involves helping companies handle the unique employment issues and challenges from doing business with the federal government, including:<ul><li>Defending whistleblower qui tam and retaliation claims under the False Claims Act, the National Defense Authorization Act, and other whistleblower laws;</li><li>Advising and defending government investigations and litigation under the Service Contract Act, the Davis-Bacon Act, and other prevailing wage laws;</li><li>Compliance and litigation defense relating to federal and state affirmative action requirements and DEI related risks;</li><li>Advising on unique compliance issues for federal contractors, such as mitigating discrimination risks when screening for export control compliance under ITAR and EAR, conducting E-Verify audits and compliance, and navigating the Drug-Free Workplace Act.</li></ul>Andrew is problem-solver. He routinely provides clients from Fortune 100 companies to startups with practical and business-minded risk mitigation strategies for various employment and labor issues, including:<ul><li>Developing DEI, affirmative action, pay transparency, antidiscrimination, and antiharassment programs and policies;</li><li>Conducting pay equity studies, adverse impact analysis, and bias testing of employment tests and tools, including for artificial intelligence;</li><li>Developing trade secrets protection and restrictive covenants strategies;</li><li>Reductions in force, furloughs, and high-risk terminations;</li><li>Risks related to 1099s and other contingent workers; and</li><li>Risks related to I-9 and E-Verify compliance, audits, and raids.</li></ul>Andrew also advises companies and executives on a wide range of employment agreements, including drafting and negotiating executive employment agreements, separation agreements, non-competes and non-solicits, and commission and bonus plans.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.Prior to joining private practice, Andrew worked as a human resources manager for a company recognized on the Inc. 500, an annual list of the fastest-growing private companies in the United States.  Andrew received his J.D. with honors from the George Washington University Law School, where he served as a notes editor for The George Washington Law Review.  While in law school, Andrew interned at the Commercial Litigation Branch of the U.S. Department of Justice.Andrew is an active member of the steering committee of the Washington Metro Industry Liaison Group.

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 talent with a wide range of experiences and perspectives 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 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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