K&L Gates Faces Malpractice Suit: 'An Experienced Labor Attorney Would Know'
The outcome of the union vote resulted in damages for the plaintiffs, including the increased operating costs and the diminished value of the hotel, the suit alleges.
November 14, 2024 at 04:06 PM
3 minute read
K&L Gates has been hit with a malpractice suit accusing the firm and partner Sang-Yul Lee of mishandling a union organizing campaign.
Hotel operators MPAL Huron and ALM Huron, which retained K&L Gates in connection with a petition by hotel workers to form a union, claim in the suit that Lee erred by failing to object to the inclusion of two front-desk supervisors in the organizing drive.
The suit was filed Tuesday in the Law Division of Cook County Court.
Lee did not respond to a call or an email about the suit, nor did K&L Gates' spokesperson.
The National Labor Relations Act says supervisors have no right to participate in collective-bargaining activities, but Lee failed to notify the plaintiffs that the two front-desk supervisors could be excluded from the proposed bargaining unit, the suit claims.
The union election succeeded, but the suit claims that, "but for defendant's failure to challenge the supervisors' inclusion in the bargaining unit, the election would have failed."
In February, the National Labor Relations Board notified the owners that certain employees were seeking recognition of a union, UNITE Here Local 1. The plaintiffs retained Lee and said they wanted to contest the union's recognition.
After workers voted to form a union, the plaintiffs were forced to hire two nonunion supervisors to oversee the existing supervisors, the suit claims.
The successful union vote caused the plaintiff damages, including the increased cost of hiring the additional workers as well as the diminished value of the hotel, the suit claims.
"An experienced labor attorney would know that supervisory employees have no right to participate in a collective bargaining unit but may be included with the consent of the employer. An experienced labor attorney would likewise know that plaintiff’s silence would operate as consent to the supervisors’ inclusion in the unit," the suit said.
The outcome of the union vote resulted in damages for the plaintiffs, including the increased operating costs and the diminished value of the hotel, the suit claims.
The suit was filed by Michael Haeberle and David Moskowitz of the Patterson Law Firm in Chicago. They did not respond to a request for comment. Counsel for the defendants has not yet entered an appearance.
The plaintiffs are developers and operators of the dual-branded Chicago Downtown/Magnificent Mile Hampton Inn/Homewood Suites by Hilton. Plaintiff MPAL Huron owns the hotel, and plaintiff ALM Huron employs and manages the hotel staff. The plaintiffs intend to hold the property for several years before selling it, the suit said.
Lee has nearly 30 years of experience as a labor attorney, the suit claims. He represents clients before federal and state courts, the Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor and the U.S. Department of Justice Civil Rights Division, as well as other governmental agencies, in matters arising under a wide range of federal and state labor laws, the firm's website states.
This action was surfaced by Law.com Radar, which delivers artificial intelligence-enhanced case summaries and daily case reports from more than 2,200 state and federal courts. Click here to get started and be among the first to act on opportunities in your region, practice area or client sector.
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 AllGibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
DLA Piper Sued by 2 Houston Companies, Alleging a 'Fake Lawyer' Represented Them in Argentina
3 minute readWith Malpractice Funds Shrinking, Eckert Seamans Brokers New Settlement in Par Funding Case
3 minute readOffit Kurman Scores Summary Judgment in Long-Running Legal Mal Suit Over Bankruptcy Fallout
3 minute readTrending Stories
- 1Lawyer’s Resolutions: Focusing on 2025
- 2Houston Judge Exonerated on Appeal, Public Reprimand Vacated
- 3Bar Report - Dec. 30
- 4Employment Law Developments to Expect From the Second Trump Administration
- 5How I Made Law Firm Leadership: 'It’s Imperative That You Never Stop Learning,' Says Ian Ribald of Ballard Spahr
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