Biglaw

Butt-Shaking Biglaw Partner Out Of Biglaw But Avoids Sanctions

But the judge thinks his professional reputation should suffer.

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I know it’s only May 6th, but what with the COVID-19 global pandemic portending the end times (seriously, there are murder hornets now), February 13th seems like a lifetime ago, but it was only a few months ago. Back then, one of the big stories on Above the Law was the tale of Dennis Duffy, the butt-shaking Biglaw partner.

For those of you who don’t remember (and honestly, I wrote the story about him and I barely recalled the details), Duffy was a partner in the Houston office of BakerHostetler and represented Chevron in an employment discrimination case. The plaintiff’s attorney in the case was Alfonso Kennard Jr. of Kennard Law PC. Kennard filed a motion for sanctions and disqualification for Duffy’s “intolerable conduct” during a mediation which allegedly included Duffy “shaking his behind” in front of Kennard. Additionally, the filing alleged Duffy mocked Kennard’s ponytail and intimated that because of the hairstyle, Kennard would want to have sex with Duffy.

Now U.S. District Judge Lee Rosenthal has ruled on the motion for sanctions, and erm, she isn’t happy about it, opening her decision with, “One of the sentences a judge does not imagine—much less welcome—writing includes the words ‘butt shaking’ in describing a lawyer’s alleged actions at a mediation. Sadly, those words fit here.”

But ultimately Judge Rosenthal decided not to levy sanctions on Duffy. She noted that there was significant disagreement over what actually happened at the infamous mediation and said, “While Duffy’s behavior was clearly outside professional bounds, neither counsel was a role model of professional conduct.” She went on:

“No further or formal sanction is necessary at this point. Duffy has had to withdraw. Before he did so, he received national press coverage when the sanctions motion ‘went viral.’ Duffy’s professional reputation, and the closely related ability to attract new business, will no doubt suffer, and they should.”

And on the subject of Duffy’s professional consequences, he is no longer employed at BakerHostetler. As of last month, he works at Kane Russell Coleman Logan in Houston.

You can read the judge’s full order below.

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headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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