Since the start of the Israel/Hamas conflict playing out in Gaza, Biglaw firms have been quietly — and in some cases, not-so quietly — reviewing their incoming associates’ controversial statements and actions related to the matter. Numerous firms have rescinded offers to law students, including Winston & Strawn and Davis Polk. Now, in the wake of nationwide anti-war campus protests, one elite Biglaw firm is publicly outlining its vetting process, saying it will be even more discerning in its screening process.
Sullivan & Cromwell — a firm that brought in $1,864,290,000 gross revenue in 2023, putting it at No. 24 in the Am Law 100 — issued a statement detailing how it will be looking into its hires’ political and moral views going forward. The American Lawyer has more information:
In a statement Wednesday, Sullivan & Cromwell said it will “review resumes for participation in pro-terrorist groups and other similar activities” as well as do a “thorough review of the candidate’s online presence, school website [and] news reports” moving forward.
It will also request “lists of all campus organizations the student has been or is currently a part of and monitor activities from those groups that do no align with our ethical standards,” the firm said.
In addition, the firm said it will employ third-party specialists to do formal background checks.
Recall that Sullivan & Cromwell was one of the firms that signed on to a letter sent to law school deans in November 2023, voicing concerns over antisemitism on campus following the Hamas terror attack on Israel. In fact, the firm’s senior chair, Joe Shenker, was in Israel during the October 7 assault and was forced to take cover in a bomb shelter. In the days that followed, he critiqued the “critical thinking skills” of those making inflammatory comments, saying, “[W]e are asking people to pay them a lot of money for their critical thinking skills. If their critical thinking skills land them in that place [blaming the victims of the terror for the terror], then they have no place here.”
In a recent interview, Shenker told Am Law that Sullivan & Cromwell has been “consistent” in its views, saying that “any bias, any hate speech, is inappropriate.” He went on, noting, “What we have seen on campuses is antisemitic behavior, both physical and verbal. And that behavior doesn’t require context, just like a lynching doesn’t require context. It’s wrong, and we won’t tolerate it. That isn’t new.” He continued, adding, “What is new is that there is a view that if that hate is directed at Jews, then it is different somehow. It is not.”
Shenker went on to to relate additional steps the firm will now be taking when it comes to assessing its would-be hires:
While the firm already had a robust screening system, Shenker said the recent protests on college campuses across the country invite additional efforts. “We do background checks on all of our hires, and with social media’s prevalence, we will be more vigilant in reviewing what they post and espouse,” he said.
In addition to the vetting of potential hires, the firm said it was going to institute a “similarly vigilant” approach to sponsorship requests from campus groups, asking the groups the firm does support financially or otherwise to “confirm they share our commitment to a harassment-free environment.”
Best of luck to Sullivan & Cromwell in its quest to onboard associates who subscribe to the firm’s stance on appropriate conduct.
Will your firm be ramping up its vetting procedures for new hires thanks to the ongoing campus protests? Please email us or text us (646-820-8477) if you have any inside information. Thanks.
Sullivan & Cromwell Details Ramped-Up Vetting of New Hires Amid Wave of University Protests [American Lawyer]
Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on X/Twitter and Threads or connect with her on LinkedIn.
