Sexual Harassment

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, Bad Therapist: A Romance, is available on Amazon, as are his previous books, Way Worse Than Being A Dentist and Life is a Brief Opportunity for Joy (affiliate links).

It’s time to go back to 1972 or so and start the Women’s Liberation movement up all over again. We need it.

A client, who was sexually harassed at her old firm, tells me a new fear haunts her — that her “reputation” will be transported via gossip to wherever she goes next. I asked what that “reputation” would be — I mean, how do you get a reputation for being harassed by some clown at a law firm?

“Well, they might think I’m difficult, or unstable, or a trouble-maker,” she explained.

That makes me want to scream — particularly because she might be right: Some sort of reputation along those lines might stick to her, and it might get around at her new firm. When you’re a woman at a law firm — or a woman, period — there are times when it seems you just can’t win…

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Juan Monteverde

When Alexandra Marchuk filed her epic lawsuit against her former firm, Faruqi & Faruqi LLP, and one of its partners, Juan E. Monteverde, she aired a lot of dirty laundry. Here’s one allegation that got a lot of attention in the corporate-law community: “[In advance of a Delaware Chancery Court hearing,] Mr. Monteverde explained that Judge [Travis] Laster was partial to good-looking female lawyers, but F&F’s female local counsel was ugly; so Mr. Monteverde wanted Ms. Marchuk to appear with him because her good looks would influence the judge in favor of F&F. Mr. Monteverde told Ms. Marchuk to wear her hair down, wear a low-cut shirt, and to try to look as alluring as possible during the hearing.”

Some wondered: did members of the Delaware Chancery Court hear about this rather embarrassing allegation? The answer would appear to be yes, based on a letter that a Faruqi lawyer recently received after moving for Juan Monteverde to be admitted pro hac vice….

Please note the UPDATE added after the jump.

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* A patent infringement suit filed over the “hairy visor.” The best idea for combatting hair loss since SNL’s Chia Head. [Lowering the Bar]

* The Hong Kong legal community is split over the continued donning of wigs. It’s nice how China allows them to think they have a choice on such matters. [Wall Street Journal]

* Crooks are decoding remote signals for keyless entry to cars and police are encouraging drivers to manually lock and unlock their cars. Screw that. I’m an American and a small risk of losing a car is not worth spending an extra 3 seconds unlocking a door like a schnook. [Legal Juice]

* Former U.S. Judge Paul G. Cassell called for a U.S. House of Representatives panel to ask the U.S. Attorney’s Office in Brooklyn to explain why it “appears” to be engaging in “on-going violations of important federal crime victims’ statutes.” Jeez. You let a few tens of millions in white collar crime go unpunished and suddenly everyone’s jumping down your throat. [WiseLawNY]

* A sexual harassment suit can go forward against a supervisor who exposed himself to a subordinate. In his defense, she DID make the accusation that he “didn’t have any balls,” so she very technically asked for it. [Adjunct Law Prof Blog]

* Fordham Law professor Thane Rosenbaum has a new book entitled Payback: The Case for Revenge (affiliate link). I thought they already wrote that book and called it “Game of Thrones.” [Thane Rosenbaum]

* Our very own People’s Therapist on TV! He’s chatting about the new poll identifying Associate Attorney as the unhappiest job in America. Check it out after the jump… [HuffPost Live]

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Juan Monteverde and Alexandra Marchuk

For connoisseurs of salacious suits, Marchuk v. Faruqi & Faruqi is the gift that keeps on giving. First Alexandra Marchuk, a young lawyer and recent Vanderbilt Law graduate, sued the Faruqi firm, claiming that she was subjected to relentless sexual harassment during the short time that she worked there. Then the Faruqis and partner Juan Monteverde fired back, filing aggressive counterclaims against Marchuk.

Marchuk isn’t taking these claims lying down. She has amended her complaint to add new causes of action and to increase her multimillion-dollar demand….

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The job market for entry-level lawyers isn’t a very welcoming place, and while it’s better to be underemployed than unemployed, you might have to take some blows to your self-esteem in the process. It’s not a big deal, because you’ve realized that beggars can’t be choosers.

Take, for example, the case of the recent law school graduate who was only able to find a job as a paralegal. Hey, at least you’re at a law firm. Endless hours at the copy machine? You relish it. Redacting documents until you’re high off Sharpie fumes? Bring it on. Creating binders until you’ve got more paper cuts than you can count? Meh, that’s what Band-Aids are for. Being forced to feed your boss as he pressures you to join him in a polygamous romp and become his “third wife”? Uhhh…

Let’s meet the woman who claims she had to turn down her employer’s polygamous pleas, in a sexual harassment suit that she slapped him with late last week….

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‘Do you seriously expect me to feed you?’

* An attorney from Orrick with two SCOTUS clerkships under his belt will now be arguing a case before the high court. Seems standard, but the exciting part is that this guy’s still an associate. Congratulations! [Am Law Daily]

* From Biglaw to Boutique, the Finnegan edition: five IP lawyers, including a member of the firm’s management committee, will be starting their own practice. We may have more on this later. [Thomson Reuters News & Insight]

* Calling all wannabe government lawyers! Screw the sequester; the Department of Justice is planning to add more than 100 positions in 2014. Let’s hope these budget requests are approved. [Legal Times]

* “I actually felt sick working him for him.” If you were a paralegal and your boss was allegedly trying to recruit you to be his “third wife,” you’d feel the same. Expect more on this on this later. [New York Post]

* Here are 25 Northeast law schools ranked by employment rate. At least my school wasn’t ranked dead last on this list, and that’s something to be excited about… right? [Boston Business Journal]

* Maybe more people will care about law schools when their credit ratings tank. Speaking of which, thanks to a 14% drop in enrollment, Standard & Poor’s has downgraded Albany Law. [Times Union]

* Joseph Feller, an environmentalist and beloved professor at ASU College of Law, RIP. [ASU Law]

Here’s an idea for an Ethics CLE — tell lawyers they can’t whip out “The Gavel” in front of their clients.

Or in this case, their clients’ mothers.

Now an attorney is facing criminal charges for gross sexual imposition for allegedly exposing himself and fondling a client’s mother. “Gross” is used in the sense of “flagrant,” but the whole story fits the other definition as well….

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Ed. note: This post appears courtesy of our friends at Techdirt. We’ll be sharing law-related posts from Techdirt from time to time in these pages.

If you’ve ever wondered why public agencies have such ridiculously stringent social media policies (for instance, DHS employees can’t even view the agency’s Facebook page while at work), it’s likely because of unfortunate instances like the following.

A Texas state trooper charged with sexually assaulting two women during a traffic stop was providing them with “customer service,” says Dale Roberts, the executive director of the Columbia Police Officers Association (CPOA) and a professor at the University of Missouri. (The CPOA is a part of the Fraternal Order of Police, one of the country’s largest police unions.)

“It’s called Customer Service!” Roberts wrote in a March 27 Facebook post about the indictment of Texas State Trooper Kelly Helleson, who was charged with two counts of sexual assault after conducting an illegal roadside strip search of two women. “We just did it so they wouldn’t have to make the trip all the way down to the station,” he added.

Beautiful…

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Fireman cooks up one hell of a meal.

A firefighter is suing the City of Phoenix because he received pasta in the shape of a penis and vagina with his name written on it.

Do I have your attention? Would you like to see that complaint? Is your first thought, “Wait, they wrote the guy’s name on the genital pasta?”

I hope the answer is yes to all three…

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Star-crossed lawyers: Juan Monteverde and Alexandra Marchuk.

If you want to sue a defense-side Biglaw firm for employment-related claims, go for it. Unless your lawsuit is bats**t insane, chances are the firm will settle with you. See, e.g., Charney v. Sullivan & Cromwell; Schoenfeld v. Allen & Overy. Heck, you don’t even need to file an actual case; even threatened litigation can yield a six-figure payday.

Biglaw firms are busy — busy making money, of course — and very reputation-conscious. They don’t want to be distracted by litigation, and they don’t want their white shoes sullied by grime. They will pay good money to make headaches go away.

But suing a scrappy plaintiff-side firm is an entirely different story. They will hit back — and hard.

Last month, Alexandra Marchuk sued her former firm, Faruqi & Faruqi, making a host of salacious allegations. The most incendiary: that a partner of the firm, Juan Monteverde, forcibly had sex with her in his office after the firm holiday party.

Now the Faruqis and Monteverde are turning it around on Alexandra Marchuk. They’re suing her back, filing counterclaims and seeking an eight-figure sum….

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