Theodore Rogers

Zachary Fasman Zachary D Fasman Zack Fasman Paul Hastings.jpg(Yes, we know. According to Gawker, the formulation “Best. [X]. Ever.” is a blog-media cliché. But we don’t care. And we doubt that this cliché has ever been deployed in the context of Continuing Legal Education — so we get a free pass.)
If you’re (1) short on New York CLE credits, and (2) as transfixed as we are by the Biglaw train wreck called Charney v. Sullivan & Cromwell, have we got a suggestion for you.
A reader tipped us off to this CLE event, taking place on March 8 at the Princeton Club in New York:

Employment Law for the General Practitioner and Corporate Counselor
Thursday, March 8, 2007

7.5 TOTAL CREDITS: 6.0 credit hours of practice management and/or professional practice; 0.5 credit hour in skills; 1.0 credit hour in ethics

This popular, basic-to-intermediate level program, updated and revamped from previous years, is structured to cover on a practical basis the issues and problems typically arising in today’s workplace on which corporate counsel, or a private practitioner with a general practice, may be called to handle on behalf of the company or the employee.

What’s so interesting about this? The presenters. Two of the lecturers are A-list celebrities of L’Affaire Charney: Zachary Fasman of Paul Hastings (at right), who represents the embattled megafirm; and Theodore Rogers of Sullivan & Cromwell, who is working on the case in-house.
We have advice for Mr. Fasman on how to structure his CLE presentation. Check it out, after the jump.

double red triangle arrows Continue reading “Charney v. Sullivan & Cromwell: Best. CLE. Ever.”

H Rodgin Cohen 2 Chairman Aaron B Charney Aaron Brett Charney Sullivan Cromwell Above the Law Above the Law Above the Law ATL legal tabloid legal blog.JPGThis post picks up where our last one left off, in a page-by-page review of Sullivan & Cromwell’s Complaint (PDF) in S&C v. Charney. Our earlier thoughts are available here.
Now we’re up to the juiciest part: Paragraph 19. This paragraph concerns a certain confidential, internal firm document, which was leaked to the Wall Street Journal (previously discussed here).
S&C’s Complaint notes that a copy of this document (1) “is missing from [a] partner’s file”; (2) that the partner’s file “appears to have been put out of order”; and (3) that the partner in question had her office “next door to Charney’s office.”
You do the math.
Paragraph 19 also notes that the WSJ Law Blog, in writing about the leaked document, quotes from a handwritten note that was attached to the partner’s missing copy of the document. Charney also quoted from this same handwritten note, in Paragraph 63 of his Complaint. Ruh-Roh…
More after the jump.

double red triangle arrows Continue reading “Sullivan & Cromwell v. Charney: Some Thoughts on the S&C Complaint (Part 2)”

drudge siren.gifUpdate: FYI, the speculation contained in this post turned out to be COMPLETELY WRONG. The case is definitely not settling. Rather, Sullivan & Cromwell has turned around and sued Aaron Charney!!!
We are guessing that Charney v. S&C is close to settling. In addition to the evidence recounted in our earlier post, here are a few more items:
1. One of you claims that mention of the suit has vanished from the NYS website. We haven’t verified this yet; we don’t even know if we can access it (since we don’t have an account or password for it). But if you can confirm, please email us.
2. We just got off the phone with Theodore Rogers, the Sullivan & Cromwell partner monitoring the suit in-house for S&C. He declined to comment. But we could tell, from the sound of his voice, that something is DEFINITELY afoot.
Rogers is a veteran litigator, one of the country’s top employment lawyers, who has been practicing for some two decades. But this eloquent advocate was reduced to a stammering schoolboy as soon as we uttered the words “Charney v. S&C.”
After he regained his composure, he declined to comment. But not all “no comments” are created equal. This “no comment” spoke volumes….
3. We haven’t heard back yet from S&C’s chairman, H. Rodgin Cohen, whom we have also contacted. We will let you know if and when we do.
4. Now Sullivan & Cromwell’s strategy of complete silence, which we expressed some doubt about, makes perfect sense. If you’re about to make the thing disappear completely, why even bother with damage control?
Earlier: Prior ATL coverage of Charney v. Sullivan & Cromwell (scroll down)

H Rodgin Cohen Chairman Aaron B Charney Aaron Brett Charney Sullivan Cromwell Above the Law Above the Law Above the Law ATL legal tabloid legal blog.JPGIt will take a while for Charney v. Sullivan & Cromwell to pick up speed as a legal case. New York Supreme Court isn’t exactly a rocket docket. When we were in private practice, we worked on a New York Supreme Court case with a 1973 index number. That’s before we were born.
But on the public relations front, battle has been joined. Yesterday Sullivan & Cromwell sent us this statement, via S&C partner Theodore O. Rogers, Jr., in which the firm “categorically denie[d] Mr. Charney’s allegations of discrimination and retaliation.”
We contacted Aaron Charney, by email, to seek his response to the statement. What he wrote to us, plus a statement of his current employment status at the firm, after the jump.

double red triangle arrows Continue reading “Charney v. Sullivan & Cromwell: Charney’s Response to the S&C Statement”

Theodore Rogers Theodore O Rogers Jr Sullivan Cromwell.jpgAs you learn on your first day of law school, there are two sides to pretty much every case (or rather, every interesting case, or any case worth including in a casebook).
It seems that Charney v. Sullivan & Cromwell is no exception. In response to our email request for comment, we were contacted by S&C partner Theodore O. Rogers, Jr., a prominent and highly respected labor and employment litigator (pictured at right).
Mr. Rogers forwarded us a copy of this email, from the legendary H. Rodgin Cohen, Chairman of Sullivan & Cromwell (and a god of the banking M&A bar):

H Rodgin Cohen Sullivan Cromwell.jpg—–Original Message—–
From: Cohen, H. Rodgin
Sent: Tuesday, January 16, 2007 2:56 PM
To: *AllUsers.WorldWide

Today an associate of Sullivan & Cromwell LLP, Aaron Charney, filed a complaint against the Firm, representing himself, alleging discrimination and retaliation on the basis of sexual orientation. Mr. Charney chose to post his Complaint on the web site before serving the Firm.

The Firm categorically denies Mr. Charney’s allegations of discrimination and retaliation. Mr. Charney first raised assertions of this sort in May 2006 through a lawyer, and his assertions were followed by a multi-million dollar demand. The Firm promptly investigated his assertions at that time, and rejected Mr. Charney’s money demand. Mr. Charney chose to remain associated with the Firm thereafter.

Sullivan & Cromwell is widely recognized as welcoming to all persons without regard to sexual orientation. We are proud of our record of hiring and advancement of individuals irrespective of their sexual orientation, as well as of our lawyers’ representation of organizations and individuals who protect the rights of individuals to be free from sexual orientation discrimination.

Rodgin Cohen

Shortly after we received Cohen’s email, we received this interesting message from a reader (who is not at S&C):

“I gotta say, I was suspicious of the pro se thing (and posting the complaint on his website) before your interview. He’s right that any competent employment counsel is going to try to quietly settle it. As a gay m&a attorney in nyc, I’m glad he is drawing attention to their behaviour, but if I were in his place I’d likely have retained counsel, settled for two years’ salary and moved on.”

“Do you think they will pay him more now to make him go away? On the one hand, they can’t terminate him now because it would be de facto retaliation but on the other hand it makes it more difficult for him to prove damages because he is still working there and continuing to get ‘big deals.'”

Earlier: Prior coverage of Charney v. Sullivan & Cromwell (scroll down)