Big Law Is Targeted—In Person—By Law Students Opposing Mandatory Arbitration
Law students who want firms to do away with the agreements are escalating their efforts ahead of the upcoming summer associate recruiting season.
March 26, 2019 at 01:55 PM
5 minute read
The law students behind a national effort to end mandatory arbitration at law firms stepped up their efforts Tuesday, handing out leaflets outside the offices of Venable and DLA Piper in Washington, D.C., and Boston.
The students, led by Harvard Law School's Pipeline Parity Project, also are asking the National Association for Law Placement to begin collecting information from firms to identify those that require employees to sign mandatory arbitration agreements.
The dual actions mark the one-year anniversary of the movement against those agreements used by legal employers, which critics say allow sexual harassment, racial discrimination and other illegal workplace practices to go unchecked. The student movement began last spring after a former Harvard Law School lecturer tweeted about Munger, Tolles & Olson requiring summer associates to sign them. (Munger Tolles quickly ended those agreements amid the backlash.)
“Firms like Venable and DLA Piper need to know that we will continue to hold them accountable for their behavior,” said Lane Shadgett, a first-year student at Georgetown University Law Center. “Today, by physically showing up at their offices, we are doing our part to make sure that both current employees and students who aspire to work there know about their use of forced arbitration, and how it deprives them of their rights.”
The leaflets say that forcing employees to sign mandatory arbitration agreements advantages employers by stripping workers of their right to sue. And nondisclosure agreements allow firms to sweep misconduct under the rug without any public acknowledgment of wrongdoing, they say.
The student protesters in November and February called for their classmates to boycott on-campus interviews with both DLA Piper and Venable, in an effort to pressure those firms into abandoning mandatory arbitration for all employees. But neither firm appears to have budged since then.
Asked for comment Tuesday, a spokesman for DLA Piper pointed to an earlier statement issued by the firm after it was first targeted by the student boycott. “There are advantages and disadvantages to every type of dispute resolution process,” it reads. “It has been our experience as a firm that arbitration is a fair and efficient way to resolve internal disputes, and one that benefits all parties in what are often sensitive matters for everyone involved.”
Four Harvard Law students spent the morning outside DLA Piper's Boston office, handing out leaflets with their arguments against mandatory arbitration. They represent a fraction of the estimated several hundred who have gotten involved, with about two dozen core organizers.
A Venable spokeswoman did not respond to requests for comment Tuesday and has not officially confirmed its use of mandatory arbitration, according to the Pipeline Parity Project. But the group said that the firm was deceptive when it told law students last summer that it does not require summer associates to sign mandatory arbitration agreements. It circulated a memo, purportedly from Venable partner G. Stewart Webb Jr., dated several weeks later stating all firm employees are subject to mandatory arbitration.
Three Georgetown students spent the lunch hour outside the firm's Washington office, distributing leaflets.
“We're trying to make it clear that this is an issue that resonates with law students across the country,” said Georgetown student David Vines, who attended the protest.
Meanwhile, the law students are circulating an open letter to NALP asking it to query legal employers about their use of mandatory arbitration and nondisclosure agreements to be included in the data it compiles in the annual directory used by law students to prepare for on-campus recruiting.
“As the dominant organization in legal recruiting and career development, NALP's leadership in this matter can affect meaningful change because it will empower students to make career choices that align more closely with their values,” the open letter reads.
Reached Tuesday, NALP executive director James Leipold said he could not comment on the open letter from the students because he had not yet seen it.
Determining which law firms require summer associates and other employees to sign mandatory arbitration agreements has been tricky. Students from more than 40 law schools last May circulated a survey to law firms asking them to disclosure whether or not they require summer associates to sign such agreements. But fewer than half the firms responded.
Since then, the Pipeline Parity Project has experienced some success by targeting individual firms that use mandatory arbitration and asking fellow students to boycott them during the summer associate recruiting season. The students initially zeroed in on Kirkland & Ellis in November, which did away with mandatory arbitration for associates and summer associates within two weeks. (The firm later ended mandatory arbitration for staffers as well.) Sidley Austin voluntarily eliminated mandatory arbitration for all employees shortly after the Kirkland & Ellis campaign.
The Pipeline Parity Project said on Twitter on Monday that Wilson Sonsini Goodrich & Rosati told the group it will no longer require any employee to sign mandatory arbitration agreements. A firm spokeswoman did not respond to requests seeking confirmation of the move, however.
Organizers with the Pipeline Parity Project said Tuesday that they are increasing their efforts ahead of the upcoming summer associates recruiting cycle.
“[Non-disclosure agreements] and forced arbitration unfairly silence victims, allowing bad behaviors to persist,” said Harvard law student Sarah Bayer. “No one wants to work in an environment where illegal conduct goes virtually unchecked. Identifying employers that use these coercive contracts is an important first step toward rooting out abuses in the legal industry.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'What Is Certain Is Uncertainty': Patchwork Title IX Rules Face Expected Changes in Second Trump Administration
5 minute read'No Evidence'?: Big Law Firms Defend Academic Publishers in EDNY Antitrust Case
3 minute readLaw Firms Are Turning to Online Training Platforms as Apprenticeship Model Falters
'Substantive Deficiencies': Judge Grants Big Law Motion Dismissing Ivy League Price-Fixing Claims
3 minute readTrending Stories
- 1Decision of the Day: School District's Probe Was a 'Sham'; Title IX Administrator Showed Sex-Based Bias
- 2US Magistrate Judge Embry Kidd Confirmed to 11th Circuit
- 3Shaq Signs $11 Million Settlement to Resolve Astrals Investor Claims
- 4McCormick Consolidates Two Tesla Chancery Cases
- 5Amazon, SpaceX Press Constitutional Challenges to NLRB at 5th Circuit
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250