Sexual Harassment

Pro bono for clients, but not for students.

* Sedgwick is the latest Biglaw firm to jump on the back-office bandwagon. The firm will be moving all of its administrative operations — from HR to IT — to Kansas City, Missouri. Don’t be sad, it’s probably better than West Virginia. [Am Law Daily]

* Lawyers may be pecking at Biglaw’s rotting carcass, but at least there are lessons to be learned for Big Med, the next profession supposedly on the brink of implosion. It’s time to stop obsessing over revenue and rankings. [The Atlantic]

* Ten states rushed to help Utah defend its ban on gay marriage using “pretty embarrassing” arguments, but Nevada just washed its hands of its own appeal, saying its ban was “no longer defensible.” [Bloomberg]

* Here’s something that’ll make you love or hate Chris Christie even more: he once made Bristol-Myers Squibb donate $5 million to Seton Hall Law to avoid securities fraud charges. Yep. [Washington Post]

* Faruqi & Faruqi doesn’t want its attorneys’ compensation information to be disclosed to Alexandra Marchuk in her sexual harassment case against the firm. A kinder, gentler firm, huh? [Law 360 (sub. req.)]

* Soon you’ll be able to take the bar before you graduate in New York, but only if you do pro bono work during spring semester of your 3L year — and you’ll likely have to pay to complete it. [New York Times]

* If you just took the LSAT, you’re cutting it pretty close, buddy. Guesstimate your score so you can avoid sending out applications that will make admissions officers laugh. [Law Admissions Lowdown / U.S. News]

Alexandra Marchuk

“Discovery is going to be FUN in this case.” That’s what we previously predicted about Marchuk v. Faruqi & Faruqi, the high-profile lawsuit filed by plaintiff Alexandra Marchuk against her former firm and one of its most prominent partners, Juan Monteverde.

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?

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Getty only has images of women or children sniffing things… because men sniffing women is TOTALLY CREEPY.

Of course sniffing a woman can be sexual harassment. Who would even dispute that? Hovering over a woman and inhaling deeply is the move of creepy rapists in Lifetime movies.

A Dallas magistrate judge ruled against a woman who was fired after complaining that men would come into her office and freaking sniff her. Thankfully, an appeals court reversed… because Jesus Christ, ex-convicts were smelling her and talking about how they needed a “release”….

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* Santa Claus arrested for sexually harassing an 18-year-old elfette. She started getting suspicious when he kept looking at her and proclaiming “Here Cums Santa Claus.” [The Smoking Gun]

* Atlanta jury questionnaire lists “slave” as an occupational option. There’s a lot of outrage, but they were just covering their bases — a potential could have just moved there from Mississippi. [11 Alive]

* Speaking of juries, a long-time prosecutor ends up on a jury and sums up the 10 things he learned from his jury experience. [Texas Evidence]

* The Second Circuit’s decision to remove Judge Scheindlin from the stop-and-frisk case was bad enough — especially since it was an unprecedented overreach for a circuit panel when no one requested her removal — but its true cost is in chilling justice down the road, when judges start to look over their shoulders for fear that an activist appellate panel is out to get them. [WiseLawNY]

* Interesting question: what do you wear under a 3/4-sleeved blazer? I’d wear a T-shirt that says, “I give 3/4 of a damn today,” but most lawyers would disagree. [Corporette]

* Apple hired CPA Julie Davis as a damages expert in its case against Samsung. Whatever she was paid, it wasn’t enough — the jury singled out Davis as the reason they awarded Apple $290 million. [The Expert Institute]

* Remember when we talked about how much the government profits off your law school debt? Well, the totals are in, and the government pulled down $41.3 billion off you this year. [USA Today]

* In the spirit of funny flowcharts, here’s a decision tree to help make that decision about going to law school. Image after the jump…

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Juan Monteverde and Alexandra Marchuk

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.

Let’s take a look at their latest motion….

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Dean Lawrence Mitchell

These are not rhetorical questions. We expect candor from the university we hired to educate us. As future lawyers, we won’t accept a Potemkin village and will see through any façade erected to make us feel that all is well. Reminding us that there is a new curriculum (which doesn’t seem to amount to more than shifting around the furniture on the Titanic) will not make us look away from the real issues.

– Editors of The Docket, the student newspaper of Case Western Reserve University School of Law, in an editorial entitled Some Hard Questions for President Snyder, posing queries to university administrators about the retaliation lawsuit filed by Professor Raymond Ku against Dean Lawrence Mitchell (who is now on leave).

Dean Lawrence Mitchell

When Dean Lawrence E. Mitchell of Case Western Reserve University School of Law announced earlier this week that he was taking a temporary leave of absence, we offered two theories about why. The first was that the university wanted to remove him from his post so it could conduct an independent investigation of the allegations made against him in a lawsuit by Professor Raymond Ku. The second was that Dean Mitchell wanted to devote his full time and energy to fighting Professor Ku’s lawsuit, which claims that the dean retaliated against Professor Ku after Ku reported alleged sexual harassment by the dean to university officials.

Of these two theories, the second is probably closer to the truth. Through his lawyers, Dean Mitchell is fighting back — hard — and the university seems to be supporting him all the way.

Since we’ve devoted extensive coverage to the allegations of the lawsuit against Dean Mitchell, let’s now hear the arguments defending him (and attacking Professor Ku). Some of them have been made by Dean Mitchell’s lawyers and the university, and some come from Case Western students and faculty members with whom we have communicated. They paint a most interesting picture….

(Please note the UPDATE added to the end of this post, a message just sent out to Case alumni by President Barbara R. Snyder.)

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V is for ‘victory’?

Critics of Dean Lawrence E. Mitchell won’t have Dean Mitchell to kick around any more — at least for now. The embattled dean of Case Western Reserve University School of Law, accused in a lawsuit of retaliating against a Case faculty member who blew the whistle on alleged sexual harassment by Dean Mitchell, is taking a temporary leave of absence.

Dean Mitchell and the university haven’t commented much on the allegations of Professor Raymond Ku’s complaint (which was recently amended to add some juicier allegations). The university did issue a statement denying that retaliation occurred, and the dean told the Case community to keep calm and carry on.

To make that process easier, he’s stepping away from his deanly duties for a time. Let’s check out his announcement….

(Please note the UPDATE added at the end of this post.)

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I don’t think we’ll be seeing Case Western Reserve School of Law Dean Lawrence Mitchell writing a New York Times op-ed about the sexual harassment lawsuit filed against him. So I think the email he just sent to Case Western Law students will have to suffice as his official response — at least until he can figure out how to wrap “defending the dean from faculty allegations” into Case Western’s revamped curriculum.

I’m not surprised he said something about it. One thing that we’ve clearly seen from Mitchell’s time at Case Western is that he’s a media hound, so long as he doesn’t actually have to answer any questions from the media. He seems to be far more concerned with how he (and the school) is perceived than anything else. Oh, he was going to say something.

But since he can’t really talk about the case against him directly, his email was just reduced to (you guessed it) telling students how lucky they were to be going to Case Western! Of course they are, don’t you wish you could be going to a school where your dean is slowly becoming a national punchline?

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* A Houston couple is suing Carnival Cruises for stranding them on that infamous Poop Ship. Except they were never on that ship. [Houston Chronicle]

* Herman Cain has figured out the culprit behind the sexual harassment allegations that plagued his campaign. It was the Devil! Maybe O.J. should look into where the Devil was when Ron and Nicole were killed. [Talking Points Memo]

* In the running for the worst company name ever: “Dis Is We Thing, Inc.” As always, Above the Law is brought to you by They It Is, LLC. [Rapaport Law Firm]

* The mixologists behind “The OxyContin” cocktail have renamed it “The Cease and Desist” after the pharmaceutical company that makes OxyContin shot off its cease and desist letter. Because this cocktail was more damaging to their reputation than being one of the most used and abused drugs on the market. [Forbes]

* People unfairly zero in on the personalities behind information leaks rather than the substance of the leaks themselves. I don’t know about that… I mean, The Fifth Estate bombed. [Politix]

* The new Phoenix Wright: Ace Attorney game is coming to America. I gather you can yell “Objection!” at your Nintendo DS and it responds. Anyway, here’s the review. [GameSpot]

* Down in Texas, Judge Sandra Watts got a taste of the new draconian totally fair voter ID requirements when election officials tried to block the 49-year veteran of the voting process from voting because her maiden name was on her ID. Thankfully for Judge Watts, she understood the law a little better than the poll workers. [ThinkProgress]

* Mike Lickver, whose legally-inspired music videos have graced these pages a couple of times before, has a new video. It’s not legally-themed at all, but he’s a rapping lawyer, so we give him a pass for venturing out into other themes. Video after the jump…

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