ERISA

Patricia A. Martone

“You can’t eat the orange and throw the peel away — a man is not a piece of fruit.”

– Arthur Miller, Death of a Salesman (affiliate link)

Take this famous line and replace “man” with “law firm partner,” and you’ve captured the gist of the lawsuit against Ropes & Gray brought by Patricia Martone, who alleges age and sex discrimination by her former firm. (Martone, a former IP litigation partner at Ropes, is now a Morrison & Foerster partner.)

When I broke the news of this lawsuit back in 2011, I expected a speedy settlement. Would Ropes really want to go toe to toe with a pair of high-powered litigatrices, namely, Martone and her formidable employment lawyer, Anne Vladeck?

But here we are, two years later, and the battle rages on. Ropes has hired a third leading litigatrix to defend itself. Let’s learn the latest news….

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As we noted in Morning Docket, many former partners of Dewey & LeBoeuf are less than pleased with the proposed settlement between the D&L bankruptcy estate and ex-partners of the firm. Preliminary reactions “rang[e] from skepticism to anger,” according to Am Law Daily.

In the words of Mark Zauderer, counsel to almost 60 former Dewey partners, “I’m not seeing overwhelming enthusiasm for the proposal.” A former D&L partner was even more blunt: “I think this is destined to fail. Let the trustee [of a Chapter 7 liquidation] go for it.”

But not everyone holds such negative views. One ex-partner — who claims that he’s being asked to pay more than he thought he owed, and that he’ll have to postpone his retirement by several years due to Dewey’s downfall — told Thomson Reuters that he will vote for the deal anyway. “My view is there’s nothing less desirable than having this drag out for years,” he said. “I’m willing to pay a lot of money to have this go away.”

Dewey have other issues besides how to deal with former partners? Most certainly. There are pressing problems regarding the disposition of client files, as well as issues regarding retirement benefits for former Dewey & LeBoeuf employees….

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(And bad news for D&L 401(k) participants.)

In our last full post on Dewey & LeBoeuf, the fast-fading New York law firm, we tried to find some moments of humor in this generally depressing story. Now we’ll return to the hard — and gloomy — Dewey news. (We mentioned several D&L items in today’s Morning Docket.)

Without further ado, let’s find out what’s going on….

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We have previously discussed the subject of pensions at the deeply troubled law firm of Dewey & LeBoeuf. Right now it’s looking quite likely that the firm will wind up in dissolution or bankruptcy. If the firm does go down that path, what will happen to the retirement benefits of current and former employees?

Today we have some news on that front — plus UPDATES on other Dewey stories, of course….

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On Friday, we broke the news of Dewey & LeBoeuf issuing a WARN Act notice to its U.S. employees. As explained by the U.S. Department of Labor, the WARN law generally requires an employer “to provide notice 60 days in advance of covered plant closings and covered mass layoffs.”

We noted, however, that employees shouldn’t be lulled into complacency by the 60-day requirement. As Elie wrote, “Dewey employees shouldn’t expect to just show up to work every day until Independence Day. Remember, we’ve learned from the Heller dissolution and other firms’ dissolutions that things tend to happen very quickly.”

Very quickly indeed. We are now hearing reports that this Friday, May 11, will be the last day for an unknown number of D&L employees….

As usual with the fast-moving Dewey story, we have multiple UPDATES, including some from Tuesday morning, after the jump.

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Dewey & LeBoeuf's sign at 1301 Avenue of the Americas. (Photo by David Lat. Feel free to use.)

“Our catering service requires a credit card; client matter numbers no longer accepted. Seamless food ordering requires a credit card or a corporate card.”

“It’s not clear that we still have health insurance.”

“Dewey has cut off subscriptions, and expenses are no longer being reimbursed.”

“Everyone is pretty much packing up. Bankers boxes are on backorder in supplies.”

“Dewey is quietly removing the art from the walls. Perhaps it belongs to the creditors?”

These are some of the sad stories we’re hearing out of Dewey & LeBoeuf today. Let’s discuss the latest news and rumor coming out of the deeply troubled law firm….

Multiple UPDATES and new links, after the jump (at the very end of this post). The Dewey story is moving so quickly that we will do multiple updates to our existing posts instead of writing a new post every time there’s a little additional news to report. Otherwise half of the stories on our front page would be about Dewey, and there is other Biglaw news to report — e.g., the new profit-per-partner rankings from Am Law, salacious lawsuits against prominent D.C. law firms, etc.

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This is a case with shocking facts.

Few things fill a junior associate with more dread than a partner beginning a sentence with the following words: “There must be a case that holds….” Much of the time, there is no such case (especially when the issue concerns some annoying e-discovery dispute that no judge would ever want to write about).

But if a partner says to you, “There must be a case addressing whether an insurance company is liable for accidental death benefits when the decedent accidentally kills himself while engaged in masturbation that involves intentional self-electrocution” — well, now there’s a case that’s on all fours. With an electric cattle prod.

Keep reading, to learn about an ERISA opinion that is very… stimulating….

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(Or: The most interesting ERISA opinion ever.)

On Tuesday, Ropes & Gray was sued in Manhattan federal court by a former partner, Patricia A. Martone. Martone’s lawsuit claims age discrimination, sex discrimination, retaliation, and interference with protected retirement benefits in violation of ERISA (the basis for federal jurisdiction in the S.D.N.Y.).

As you might expect from an ex-Ropes partner, Martone has some high-powered counsel: Anne Vladeck, one of New York’s top labor and employment lawyers, widely regarded as the queen of employment discrimination law. Vladeck famously (and successfully) represented Anucha Browne Sanders in her sexual harassment lawsuit against Isiah Thomas and the Knicks.

Patricia Martone is a veteran intellectual-property litigatrix, a specialist in patent litigation, with almost 40 years of practice under her belt. She made partner at Fish & Neave, the well-known patent law firm, in 1983, and then became a Ropes partner in 2005, when Ropes absorbed Fish. She’s now a partner at Morrison & Foerster, which she joined in October 2010.

Why did she leave Ropes? Let’s have a look at Patricia Martone, and her lawsuit….

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Ed. note: This post is by Will Meyerhofer, a former Sullivan & Cromwell attorney turned psychotherapist. He holds degrees from Harvard, NYU Law, and The Hunter College School of Social Work, and he blogs at The People’s Therapist. His new book, Life is a Brief Opportunity for Joy, is available on Amazon.

I’ve always been awestruck by tax lawyers. They are the dudes.

As a transactional attorney, you can’t make a move without a tax guy. M&A is based on IRS consequences. It’s the tax guy who hands you a chart with boxes and arrows, holding companies and off-shore limited partnerships buying and selling and re-selling and issuing and repurchasing and spinning off. Everything starts there.

Tax lawyers do stuff no one else would attempt. They swagger out the door at 5 pm.

“Don’t start with me. I’m in tax.”

Way back when, I took an advanced tax course in law school – to see if I could roll with the gangstas. I even took it the wrong semester, so instead of JD students, it was tax LLMs snickering at my desperation. I received my lowest grade ever. I also discovered tax law is like higher mathematics: there is no big picture. Tax is not intuitive or guided by overarching principle; it’s a mess of staggering, intimidating complication.

What I’ve come to realize lately, as a therapist working with tax lawyers, is that these seemingly unapproachable superstars are human. And being “the expert” can exact a toll….

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Wachtell Lipton is one of the nation’s most prestigious and most profitable law firms. The lawyers who work there, especially the partners, are some seriously smart cookies.

So perhaps it shouldn’t be surprising that a former Wachtell partner has gotten the best of his ex-wife in contentious divorce proceedings. Leigh Jones of the National Law Journal reports:

It may have been the result of some crafty legal maneuvering by a Wachtell, Lipton, Rosen & Katz partner, or it may have simply been part of his tempestuous marriage to a “European Playmate” nearly 30 years his junior. Whatever the reason, the now-retired partner has thwarted a second bid by his ex-wife to invalidate a prenuptial agreement and collect a share of the annual retirement payments that he receives from the firm.

The Appellate Court of Connecticut, in a decision released on Thursday, affirmed a divorce judgment between retired Wachtell partner Peter McKenna, now 72, and Roberta Delente, a one-time model from Brazil who was working for an agency called “European Playmates” when the couple met in 1997. She was 32 at the time.

The divorce judgment left Delente, from whom McKenna sought a divorce less than a year after their wedding in August 1999, with virtually nothing from the marriage.

Let’s cut to the question that everyone is curious about: How big is McKenna’s (retirement) package?

UPDATE: And how hot is Roberta Delente? We’ve added a photo — as well as a link to the appellate court’s opinion, but that’s less exciting — after the jump.

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