Many companies leaned into corporate diversity, equity, and inclusion (DEI) programs during the pandemic years, a time when corporate cultures were particularly strained with so many employees working remotely.

But the political pendulum has largely swung back. In some cases, the speed of the swing has turned the pendulum into a wrecking ball on these programs.

Boards are finding themselves having to fight a two-front war caught between forces that want these programs and those that believe these programs may promote illegal discrimination.

Despite the noise, however, there have been few DEI-related instances of real litigation brought against directors and officers. Further, the cases that have been brought have not been big winners for the plaintiffs’ bar.

This is a wave of litigation that, in the end, has had only a marginal impact and seems to be on its way out.