Another Biglaw Victory Against A Contract Attorney

Today’s update is from an age discrimination claim filed last year...

It doesn’t seem like now is a particularly good time to be suing a Biglaw firm. Much like the old adage, when it rains it pours, and the victories just seem to be piling up on the Biglaw side.

Today’s update is from an age discrimination claim filed last year…

The suit is against BuckleySandler, a young but growing firm focused on the financial services market. The case was a pro se (obviously) complaint alleging age discrimination filed by document reviewer cum staff attorney Matthew Ryan who alleged a series of incidents of favoritism all added up to a pattern of age discrimination.

But like all the best defendants, BuckleySandler, represented by Morgan, Lewis & Bockius, was able to secure victory without delving into the sordid facts. Earlier this week, U.S. District Judge Beryl Howell granted defendant’s motion to dismiss the lawsuit and compel arbitration subject to a 2009 employment agreement between the parties. The plaintiff had argued the arbitration clause was superseded by the separation agreement signed in 2013.

Judge Howell determined:

The Separation Agreement is silent as to the forum for resolving disputes and is, by its terms, limited strictly to “the subject matter hereof.” Accordingly the Separation Agreement does not supersede the Arbitration Agreement.

Sponsored

Now some amongst you may argue this isn’t really a defeat for Ryan, as he will be able to pursue his claim in arbitration. Well, if it is not a loss for Ryan it is, at the very least, a clear victory for BuckleySandler. Arbitration, with its limited discovery, fast tracked briefing and (most importantly from ATL’s perspective) confidentiality is a definite win for the defendants that seek it out.

There was at least one bright spot in this whole mess for Ryan. BuckkleySandler had been seeking sanctions, arguing that the lawsuit was filed in bad faith, but the judge declined to impose them.

“Although the plaintiff cannot seek relief in this court, the court is not persuaded that the complaint was filed in bad faith or to do harm to the defendants in the process,” Howell wrote. “In short, no clear and convincing evidence has been shown that the plaintiff is proceeding in bad faith or that sanctions are warranted.”

So he’s got that going for him, which is nice.


Sponsored

Alex Rich is a T14 grad and Biglaw refugee who has worked as a contract attorney for the last 7 years… and counting.  If you have a story about the underbelly of the legal world known as contract work, email Alex at alexrichesq@gmail.com and be sure to follow Alex on Twitter @AlexRichEsq