Why did we expect fireworks from discovery? Because of the lurid nature of Marchuk’s allegations, including severe sexual harassment and (effectively) sexual assault, and because of the Faruqi firm’s aggressive response, which included suing Marchuk for defamation and claiming that it was Marchuk who was obsessed with Monteverde.
But it wasn’t just another “he said, she said” type of situation. Both sides claimed that third-party witnesses and contemporaneous documents would corroborate their respective and conflicting accounts.
Discovery is now underway in the case. Witnesses have been deposed, and documents have been produced. What kind of portrait do they paint?
The law firm of Seyfarth Shaw, known for its labor and employment expertise, just released its tenth annual Workplace Class Action Litigation Report. The report details the important trends in workplace litigation going into 2014 and analyzes “1,123 class action rulings on a circuit-by-circuit and state-by-state basis.”
The verdict, in a nutshell, is that the Supreme Court has bent over backward to protect businesses from these suits, but they still come up… and one category of workplace suit is even growing exponentially. Any guesses?
So what are businesses going to face out there this year?
Today we have a story of a contract attorney who made good — well, a contract attorney who got a permanent position. That position was called “staff attorney” and he still had to review documents, but now with health insurance.
But what happens when that staff attorney feels like he is on the losing end of favoritism, finds himself passed over for promotions, and eventually gets fired? You get employment litigation.
Which firm finds itself defending against a document-reviewer-cum-staff attorney’s claims of age discrimination?
I think the tongue-in-cheek answer would be that I was surprised because of how much [Justice Samuel Alito's] done in the way of supporting anti-discrimination laws over the years. But that would be just a facetious comment.
* Justice Sonia Sotomayor thinks that the lack of diversity on the federal and state judiciaries poses a “huge danger,” one that might even be greater than her complete inability to dance. [Blog of Legal Times]
* Because “love [shouldn't be] relegated to a second-class status for any citizen in our country,” Illinois is now the 16th state in the U.S. to have legalized same-sex marriage. Congratulations and welcome! [CNN]
* “His discrimination claim was not about discrimination.” After only 2.5 hours deliberating, the jury reached a verdict in John Ray III v. Ropes & Gray, and the Biglaw firm came out on top. [National Law Journal]
* One thing’s for sure: big city bankruptcies ain’t cheap. Detroit has paid about $11 million to Jones Day, emergency manager Kevyn Orr’s former firm, since this whole process kicked off. [Detroit Free Press]
* Baylor Law is being overrun by a colony of feral cats. Someone please tell the administration these kitties can’t be used as therapy animals before finals — students will have their faces clawed off. [Baylor Lariat]
Alexandra Marchuk’s lawsuit against her former employer, Faruqi & Faruqi, and one of its top partners, Juan Monteverde, marches on. And this time the Faruqis are playing offense.
We previously noted the firm’s attempt to make Marchuk look like a bunny boiler — a mentally unstable young woman who was obsessed with Monteverde, the man whom she claims harassed her. And it looks like the firm is sticking to this strategy, trying to call into question Marchuk’s mental health.
The Richie Incognito v. Jonathan Martin case raises all sorts of questions about race, adult bullying, and workplace discrimination. We already got Juggalo Law’s take on it this morning.
Now the rest of the ATL editors want to take a stab at it. Specifically, let’s discuss whether discrimination laws have just plain gone too far and whether, in any event, the NFL should be subject to the same laws as any other business given its unique character.
Who can we pick on if not weak heterosexual males? Who can we make fun of? Who can we bring to tears without fear of a lawsuit as we try to brighten our workdays?
In a modern professional workplace, you rightly can no longer make fun of gay people. It’s not cool to make someone feel bad about their sexuality as they try to go about their business. You can’t make fun of women, lest your taunting piles onto all the hurdles they must overcome. You can’t make fun of minorities, or the disabled, or the mentally ill who might take your ouchy words as justification for killing themselves.
In this context, the effeminate heterosexual male is all we have left. Work stinks. You have to deal with all kinds of BS. Making fun of the dude with sand in his vagina is how real men handle their wage slavery.
But now, the Fifth Circuit is trying to take that away from us. The judges ruled that an iron worker (!!!) was right to sue like a little bitch and recover because his boss made fun of his “non-manly” nature. It’s a sad day for bros everywhere…
In our last story about Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, we noted the acrimonious nature of the dispute: “The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.”
When we last checked in on the case, Marchuk’s lawyers announced their intent to seek sanctions against the defendants. The basis for that move: the defendants’ counterclaims against Marchuk, alleging that she defamed the defendants by creating or helping to create an anonymous Gmail account that was used to disseminate her lawsuit over email. Marchuk’s lawyers denied that their client emailed her complaint around and said that they would seek sanctions from the defendants for the “frivolous and abusive” counterclaims — which sought a whopping $15 million from Marchuk.
Until now, the stakes have only gotten higher and higher. But today brings word of a possible de-escalation in this hard-fought battle….
Many discrimination cases brought against law firms end in quiet settlements. But I suspect that Alexandra Marchuk’s lawsuit against Faruqi & Faruqi and one of its top partners, Juan Monteverde, could go the distance and make it to trial.
Why? The case just seems so heated and so personal, and both parties are litigating it in a no-holds-barred style.
Consider the latest move in the case, a declaration of intent to seek sanctions….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
Things have changed recently in Korea – a few of our US and UK client firms are looking, very selectively, for a lateral US associate hire. Until just recently, there was not much hiring like this going on in Korea, since US and UK firms started opening offices there. We have already placed two US associates in Korea in the past month at top firms. Most of the hiring partners we work with in Korea do not actively work with other recruiters.
If you are a Korean fluent US associate in London, New York or another major US market, 2nd to 6th year, at a top 20 firm, with cap markets or M&A focus (or mix), or project finance background, and you are interested in lateraling to Korea to a top US or UK firm, please feel free to reach out to us at firstname.lastname@example.org or email@example.com. Our head of Asia, Evan Jowers, was just in Korea recently, and Evan and Robert Kinney will be in Korea in a few weeks. We are in the process of helping several firms open new offices in Korea (a number of which are interviewing our partner level candidates) and also helping existing offices there fill openings.
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