Women Lawyers Suing Jones Day Can Remain Anonymous
The judge also issued a limited order allowing the law firm to disclose the women's names to the extent needed to investigate their claims and respond to their complaint.
May 30, 2019 at 03:39 PM
4 minute read
A federal judge in Washington, D.C., ruled Thursday that four former Jones Day associates can continue to keep their identities hidden from the public—for now—in a $200 million gender bias case against the firm.
But the judge also issued a limited order allowing Jones Day to disclose the women's names to the extent needed to investigate their claims and respond to their complaint.
Amid the arguments over anonymity, U.S. District Judge Randolph Moss also implored lawyers for both sides to tread carefully when speaking to press about the two-month-old proposed class action, and he urged them to tone down the bitter rhetoric exchanged in the case so far.
Lawyers at Sanford Heisler Sharp brought the case in early April on behalf of six former Jones Day women associates, including four identified only as Jane Doe, alleging that the firm's opaque compensation model, management structure and culture have led to systematic bias against women lawyers there.
Jones Day sought to compel the U.S. District Court for the District of Columbia to make the names of all six of the accusers public. At a hearing on the motion Thursday, Jones Day labor and employment partner Terri Chase argued that revealing the names was necessary for the firm to conduct a full investigation into the plaintiffs' claims and to offset “client concerns” stemming from negative publicity.
“There's really nothing exceptional about this case,” Chase said, citing “hundreds” of other employment controversies where the plaintiffs' names are revealed.
Chase said Jones Day had been approached by people with information relevant to the case who knew the two named plaintiffs, California-based former associates Nilab Rahyar Tolton and Andrea Mazingo. Keeping the other accusers' names hidden has obstructed the firm's efforts to respond to the complaint, she argued.
She also asserted that Sanford Heisler Sharp's decision to publicize the allegations in the press had created a negative public perception and a suggestion that Jones Day would retaliate against the plaintiffs—despite placing nothing into the court's record that suggested “any intent, likelihood, or action” of retaliation on the firm's part.
The judge asked Deborah Marcuse, Sanford Heisler Sharp's Baltimore managing partner, whether any of the accusers knew that Jones Day had sought to undermine their ability to get different jobs. Marcuse responded that it was the “belief of some” plaintiffs that Jones Day had done so.
Marcuse pointed to unrelated cases handled by Sanford Heisler Sharp to describe the kinds of retaliation that Jones Day might pursue if the Jane Doe plaintiffs were named. Moss reprimanded her for relying on speculation and noted that the burden rested with the plaintiffs to support such a “serious” charge.
As the back-and-forth in the courtroom grew more heated, Moss told attorneys for both sides he would not find charged language from either side to be persuasive.
“I would encourage both sides to avoid overheated rhetoric in pleadings,” Moss said.
The judge also warned that litigating in the court of public opinion instead of his courtroom does “affect the balance” of the case. Moss said attorneys were well within their rights to talk to the media, but added, “if you do want to speak to the press, there are consequences that come from that.” He did not identify what those consequences could be.
Moss ordered the four unnamed plaintiffs to provide declarations supporting their requests to continue under pseudonyms next month, and also asked for a joint status report by June 19 that would indicate whether Sanford Heisler Sharp intends to amend its complaint to include additional claims or accusers.
In the meantime, he held that Jones Day “may disclose the identities of the Jane Doe Plaintiffs for the sole purpose of investigating the allegations contained in the Complaint and for preparing an answer or dispositive motion in response.”
|Read More
Jones Day Bungled Bid to Quash Anonymity, Gender Bias, Plaintiffs Allege
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 AllThese Law Firm Leaders Are Optimistic About 2025, Citing Deal Pipeline, International Business
6 minute read‘A Force of Nature’: Littler Mendelson Shareholder Michael Lotito Dies At 76
3 minute readRemembering Am Law 100 Firm Founder and 'Force of Nature' Stephen Cozen
5 minute readLegal Departments Gripe About Outside Counsel but Rarely Talk to Them
4 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
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