Forecast for Jones Day: Sun Could Shine on Its Black Box
The law firm's bid to seal the gender pay discrimination lawsuit it's defending is bodacious, but experts said the odds are against it.
July 02, 2018 at 06:04 PM
4 minute read
|
Well, I guess you can't blame a firm for giving it the old college try.
As I wrote in my last post about the gender discrimination suit against Jones Day (“Jones Day Is So Secretive About Why It's So Secretive”), the firm is fighting to block any sliver of sunlight on the case. It is so determined to keep the public from glimpsing any details about the litigation that it has asked the court to put all documents under seal, including the complaint filed by former Jones Day partner Wendy Moore—even though the complaint has been in the public and widely covered by the media for two weeks. (Query: Does that mean that the firm is asking the court to make all media outlets scrub all mention of the complaint?)
In my humble opinion, it's a wild, bodacious move. So here's what we all want to know: Will Jones Day succeed in keeping everything under wraps?
“Most judges won't seal without a good reason,” said Kathleen Peratis, a partner at Outten & Golden, an employment firm in New York.
So far, of course, we don't know the reason, since Jones Day is also keeping that a secret.
But we can guess that it probably has something to do with its black box compensation system in which no one—associates or partners—has any idea what others make and is allowed to ask. (Another oddity is that Jones Day partners are forbidden to inquire which partners have equity.)
Jones Day's request to seal documents is atypical in this matter and could face greater scrutiny. “The firm isn't asking the court to seal documents to protect its clients' confidences but to protect the firm's own nonpublic information,” said Bruce Green, a professor at Fordham Law School and former prosecutor in the Southern District of New York.
Moreover, “Courts generally have become more hesitant to seal civil litigation records in employment cases,” said Gerald Hathaway, an employment partner at Drinker Biddle & Reath, adding that the firm might be overreaching. “I note that the firm is representing itself, and there may be pressure on the lawyers handling the case to be overly aggressive, and if they disagreed, the dynamic of law firm life is that it would be difficult for those lawyers to push back.” (Remember, the former head of Jones Day's San Francisco office —now, of counsel—Robert Mittelstaedt, the father in-law of the $810K associate, is representing the firm.)
So how will Jones Day push its argument? ”The parties will probably contest whether Ms. Moore breached her partnership agreement with Jones Day, or her fiduciary duty to her former partners, by disclosing certain private information in a lawsuit,” said Green “But even if she did, Jones Day may not be entitled to a sealing order that is in derogation of the public interest in judicial openness.”
At a time when the gender pay gap is a huge topic, I'd argue that there's a strong public interest in getting to the bottom of any gender discrimination dispute, particularly one that's anything but transparent.
“Jones Day can dispel [accusations of discrimination] by simply releasing a breakdown of how men and women are paid,” said Harvard Law School lecturer Ian Samuel, a former Jones Day associate, who told me a few weeks ago that there's discontent among the firm's lawyers about the black box system. “But it won't do it.”
Indeed, it's unlikely that Jones Day will reveal anything without kicking and screaming. And that, of course, makes all of us curiouser and curiouser.
Contact Vivia Chen at [email protected]. On Twitter: @lawcareerist
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 AllMore Big Law Firms Rush to Match Associate Bonuses, While Some Offer Potential for Even More
Partner Pay Transparency Is Eroding, Even if 'Black Box' Systems Haven't Caught On
6 minute readFrom Guaranteed Comp to Ethics Screens, How Big Law Navigates the Revolving Door
7 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
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