Virginia Lt. Gov. Leaves Morrison & Foerster After Misconduct Probe
Justin Fairfax remained at Morrison & Foerster as the firm investigated claims that he sexually assaulted Vanessa Tyson at the 2004 Democratic National Convention.
July 01, 2019 at 05:33 PM
4 minute read
Virginia Lt. Gov. Justin Fairfax has left Morrison & Foerster, Fairfax and the firm said Monday.
Fairfax took leave from the partnership at Morrison & Foerster earlier this year amid allegations of sexual misconduct by multiple women, including Vanessa Tyson, a Scripps College professor, and Meredith Watson, a Maryland woman.
“The allegations by Ms. Watson and Dr. Tyson are false and totally inconsistent with how I have lived my entire life,” Fairfax said in a statement. “It has been an honor to be affiliated with such a distinguished firm as Morrison & Foerster and I wanted to allow them to conclude their investigation before announcing my departure from the firm. But with that process completed, I have decided that, at the present time, it is best for me to focus my attention on serving the people of Virginia.”
The firm told The National Law Journal in a statement Monday that Fairfax voluntarily left the firm after it completed an investigation that found no evidence of misconduct by the lieutenant governor during his brief tenure there.
“Following reports that two women in February 2019 alleged sexual assault in 2000 and 2004, the firm initiated an investigation to determine whether there had been misconduct during Justin's tenure at the firm,” a Morrison & Foerster spokesperson said in a statement, noting that Fairfax joined the firm in September 2018.
“The investigation conducted by the firm found neither allegations nor evidence of any wrongdoing by Justin during his tenure at the firm,” the statement continued. “With the conclusion of our investigation, Justin's leave of absence has ended. Justin has informed us, however, that he has decided to leave the firm and we respect that decision.”
The firm said Fairfax cooperated with its investigation.
Tyson, an associate professor of politics at Scripps College in California, alleged that Fairfax forced her into oral sex during the 2004 Democratic National Convention in Boston. “What began as consensual kissing quickly turned into a sexual assault,” Tyson said in a detailed statement issued by her lawyers at Katz, Marshall & Banks in February.
Last month a lawyer for Fairfax, Robbins, Russell, Englert, Orseck, Untereiner & Sauber partner Barry Pollack, urged prosecutors in Virginia, Massachusetts and North Carolina to investigate the claims against Fairfax, suggesting doing so would clear his name.
Pollack said in an email that Fairfax's decision to leave the firm was driven by his focus on serving the people of Virginia. He said his client has no intention of leaving public office. “Unproven and untrue allegations are not a reason for him to stop his work as Lt. Governor,” Pollack wrote.
“The investigation confirmed that there was no hint any wrongdoing by Justin Fairfax during his tenure at Morrison & Foerster,” Pollack said. “That conclusion is not surprising. The recent allegations made against him are utterly inconsistent with how he has led his entire life.”
Pollack said he will continue to represent Fairfax in their efforts to persuade law enforcement to investigate the claims against him.
Fairfax had earlier retained Rakesh Kilaru of Wilkinson Walsh + Eskovitz in January 2018. Kilaru said in February this year that the lieutenant governor had hired him ”with respect to a possible story in a media publication.”
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