Biglaw Firm Claims Partners Are Not Employees

The legal maneuvers in this case just keep on coming!

Quick recap for those not following along at home:

Chadbourne & Parke partner Kerrie Campbell filed a $100 million lawsuit claiming women partners are paid less than their male counterparts and there is a pattern of gender discrimination. A bunch of female partners at the firm insisted there’s nothing amiss there. Then an amended complaint, which added a named plaintiff, followed by an aggressive answer. And now comes this motion to dismiss.

The MTD features a interesting argument — one that could have ramifications for other women partners looking to challenge the pay disparity between male and female partners — that partners, or at least equity partners, don’t constitute employees under employment law. This argument rests on a few facts: that there is no reporting relationship for equity partners, that they operate autonomously and set their own hours, and that they determine the manner in which they practice the law. (This “partners are owners” argument was raised by Sidley Austin a defense to an age discrimination case years ago, but it was never ruled upon because the case settled.)

A Chadbourne spokesperson had this to say:

Our motion makes clear that this case never should have been brought. The plaintiffs as partners of the Firm are its owners, not its employees, and thus are not legally entitled to bring claims against the Firm under the employment laws that they are trying to invoke.

The case also was never proper to bring as a class action. These are uniquely individual claims, and plaintiffs cannot inflate the group they purport to represent to a level that warrants class action treatment under controlling law.

Notwithstanding the fanfare with which this lawsuit was announced by the plaintiffs, the fact is that it is plagued by fundamental legal defects that require it to be dismissed.

Campbell’s attorney, David Sanford, responded to the motion in a statement to American Lawyer:

“Chadbourne’s latest filings are simply another attempt to silence two women who had the courage to speak out against the culture of entrenched sexism and chauvinism at the firm,” Sanford said. “We are confident we will defeat Chadbourne’s motions and ultimately will vindicate the rights of female attorneys at the firm. Chadbourne may continue its assault on the equal rights of female partners but it should have no doubt that Ms. Campbell and Ms. Johnson will continue their pursuit of justice.”

Can’t wait to see what he actually puts in the filed response.

(Read the full motion to dismiss on the next page.)

Chadbourne Asks Judge to Toss Partners’ Gender Bias Suit [American Lawyer]

Earlier: Chadbourne Swings Back Over Gender Bias Suit
Biglaw Firm Hit With $100 Million Class Action Gender Discrimination Lawsuit
These Biglaw Partners Are Super Pissed Someone Filed A Class Action Lawsuit On Their Behalf
Chadbourne Class Action Lawsuit Gets Juicy AF — Lawyer Fires Back Against Criticism
Biglaw Pay Discrimination Case Adds A New Plaintiff
There’s Now (Allegedly) Videotape In The Latest Biglaw Lawsuit Twist

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Kathryn Rubino is an editor at Above the Law. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).