Fearless Fund Announces High-Powered Legal Team Fighting Attack From Right-Wing Group Behind Affirmative Action Ban

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New York, NY (August 11, 2023) – In what is shaping up to be the latest front in the fight for civil rights, the Fearless Fund today announced that it has retained a robust and deeply experienced legal team to vigorously defend the fund in pending litigation (American Alliance for Equal Rights vs. Fearless Fund Management et al.) challenging its ability to support and fund women of color entrepreneurs. The legal team includes a nationally recognized law firm named as the top litigation department of the year in the United States by The American Lawyer, two preeminent and nationally recognized civil rights lawyers, widely respected and nationally recognized women’s rights, civil rights organizations and two additional major law firms with seasoned practitioners in civil rights, anti-discrimination, venture capital and labor and employment matters. 

Gibson, Dunn & Crutcher LLP, a firm with more than 1,800 attorneys will lead the litigation defense in collaboration with Attorney Ben Crump, a nationally renowned lawyer who has successfully handled multiple civil rights matters ranging from Breonna Taylor to Henrietta Lacks, and Attorney Alphonso David, a nationally recognized civil rights lawyer and President & CEO of the Global Black Economic Forum, an organization dedicated to elevating and advocating for Black and marginalized communities.  The Gibson Dunn team will include Partner and Public Policy practice group chair Mylan Denerstein; Partner & Chief Diversity Officer Zakiyyah Salim Williams; Partner and Labor & Employment practice group co-chair Jason Schwartz and Labor & Employment Partner Molly Senger. Other members of Gibson Dunn’s team will also work on this matter.

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Further, the following law firms, women’s rights, and civil rights organizations will be joining the team as consulting counsel to provide legal advisory support:

  • Latham & Watkins through its partner Danielle Conley, a former senior White House and Department of Justice official with significant expertise in civil rights and anti-discrimination matters.
  • Morrison & Foerster (which currently serves as transactional counsel for the Fund) through its partners Charles ComeyStephanie ThomasAndrew Turnbull, and Michael Schulman, all well-respected and accomplished attorneys in the fields of venture capital, private equity, labor and employment and general litigation.
  • National Women’s Law Center through its President and CEO Fatima Goss Graves, a seasoned and distinguished advocate with a track record of working across a broad of set of issues central to women’s lives.
  • NAACP Legal Defense & Education Fund through its President and Director Counsel Janai Nelson, a renowned litigator and legal scholar on civil rights, racial justice and constitutional law.

Built by women of color for women of color, the Fearless Fund has become the latest target in the attack on economic freedom. In a recent filing against the Fearless Fund and Fearless Foundation, the American Alliance for Equal Rights (AAER) alleges that the Fund is “operating a racially discriminatory program that blatantly violates Section 1981’s guarantee of race neutrality.” Their motive is clear: they want to disrupt the vital work of Fearless Fund and similar institutions and organizations whose primary mission is to provide underrepresented communities with an economic engine to build, sustain and scale their businesses.

  “We started this journey decades ago to bring economic empowerment and opportunity to women of color,” said Arian Simone, Partner of Fearless Fund. “This attack does not change our mission. In fact, we will remain steadfast on ensuring that the Fearless Fund will continue to empower women of color entrepreneurs.” 

  “We have assembled a deeply experienced, diverse, and talented team of legal professionals,” said Ayana Parsons, Partner of Fearless Fund. “We will fervently defend the Fearless Fund’s record and efforts to foster economic freedom for all.” 

  “Along with my partners and associates, we are deeply proud to serve as lead counsel to defend Fearless Fund in this matter,” said Mylan Denerstein, Partner at Gibson Dunn. “Simply put, supporting economic freedom for women of color is not illegal.”  In addition, Jason Schwartz, Partner at Gibson Dunn noted that “[t]his lawsuit turns civil rights law on its head. Offering grants to Black women small business owners fills an important void to achieve economic freedom.” 

  “Plaintiff’s claims are baseless and seek to subvert existing law. This lawsuit is nothing more than another misguided and troubling attempt to reverse the progress made,” said Alphonso David, Co-Counsel for the Fearless Fund and President & CEO of the Global Black Economic Forum. “We are prepared to vigorously defend Fearless Fund and the critical work that they do.”

About Fearless Fund: 
The Fearless Fund is committed to fostering fairness and inclusivity by guaranteeing equal opportunities for every individual. Their vision is to establish a global society where marginalized communities, specifically women of color, are empowered with unbiased access to the necessary resources and assistance to unlock success in the business realm. Through these efforts, the contribute to the advancement of an entire global community. 

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