Is That Lateral Partner a Sexual Harasser?
Heavy-handed, "Mad Men"-style harassment still happens in Big Law.
August 09, 2018 at 02:36 PM
5 minute read
What does Big Law have in common with the Catholic Church and elite prep schools? Apparently, they all recycle sexual harassers and predators to other institutions.
The good (is that the right adjective?) news is that law firms aren't dumping their bad apples on innocent children. They're just passing them onto other law firms.
“Rainmakers accused of bad behavior often receive second and third chances,” report Sara Randazzo and Nicole Hong of The Wall Street Journal. And in a time when firms are dependent on business developers, it's likely that even those with unsavory histories will find a home—at least for a while.
The article cites three partners who allegedly behaved inappropriately at their firms, then moved on to other firms where, in some cases, they were accused of similar conduct. (All three deny the charges.)
One is capital markets expert James Tanenbaum, who landed at Mayer Brown this year after being forced out from Morrison & Foerster for sexual harassment allegations, and, before MoFo, he was ousted from his longtime firm Strook & Strook & Lavan (where he paid a settlement to a female associate, the Journal reports). “He created an uncomfortable work environment by giving them impromptu shoulder massages, kissing them on the forehead and … asking them to 'spin around' for him while commenting on their bodies and clothing,” reports the Journal. He is no longer at Mayer Brown.
The second lawyer is Jeffrey Reeves who left his partnership at Gibson, Dunn & Crutcher, where he worked for 26 years, in December after an investigation into an allegation that he forced a female associate to perform oral sex in his office in August 2017. Reeves joined litigation boutique Umberg Zipser in January, and then jumped the next month to boutique Theodora Oringher, where he still works.
The third is former Fox Rothschild partner N. Ari Weisbrot, people familiar with the matter told the Journal, which reported that he resigned last year after the firm investigated him about allegations of inappropriate behavior. (It's not clear what the allegations are, though the Journal reports that he tried to force a kiss on a female lawyer who was interviewing for a job.) In May 2017, he moved to Bryan Cave Leighton Paisner, which learned about the allegation when it was contacted by the Journal. Weisbrot is no longer at Bryan Cave.
Weisbrot declined to comment. Reeves did not respond to a request for comment. Tanenbaum has written a letter to the editor in response.
Is your head spinning? Mine was. My first reaction was that I can't believe this kind of heavy-handed, “Mad Men”-style harassment still happens in Big Law. Granted, these allegations seem to predate #MeToo—but not by that much. Forcing a female associate to perform oral sex in your office or trying to kiss a job candidate is madness. (For whatever it's worth, Tanenbaum, who's 70, comes off as the most harmless of the trio—more like an odd, old goat.) That's not white, male privilege. That's mega-male stupidity.
So what can firms do to protect themselves from the Harveys of the legal profession? Not much.
Gibson Dunn apparently tried to curb Reeves' naughty-boy tendencies in 2015 “when co-workers saw him making out with a junior associate at a Las Vegas nightclub during an office retreat,” reports the Journal. The firm instituted mandatory sexual-harassment training and took alcohol off the lunch menu at partner meetings; plus, it demoted Reeves from his role as head of the Orange County's office.
Asked for comment, the firm's spokeswoman Pearl Piatt issued this statement:
Gibson Dunn has a strong policy prohibiting sexual harassment, with robust training and vigorous enforcement. We are absolutely committed to a positive workplace culture free of harassment. And in this case, we promptly investigated allegations when they were brought to our attention and acted swiftly and firmly in response. As a result, Mr. Reeves is no longer with the firm.
The “robust training” didn't seem to do much good with Reeves. The only effective response seems to be booting him out of the firm.
Which means that unsuspecting firms will likely inherit these jerks. (Though firms might ask lawyers about prior complaints against them, firms don't look that closely, reports the Journal.)
“There's no lie detector tests for these things,” says Keith Wetmore, a managing director of recruiting firm Major, Lindsey & Africa. “Firms will do background and credit checks, but no firm will call a current employer because that can jeopardize someone's career.” (Wetmore was the chairman at MoFo at the time Tanenbaum was at the firm, though he declined to comment about that specific matter.) At most, says Wetmore, firms can press harder as to the exact reason someone is leaving: “Jon Lindsey [one of the founders of MLA] always use to ask, 'Is there anything I should know?' But sometimes a guy just tells you his name and serial number and keeps you in the dark.”
But what happens to rainmakers with known checkered past? Will no firm touch them? My hunch is that they will find a home somewhere so long as they can retain their clients.
Indeed, Reeves' new firm seems intent on keeping him. Todd Theodora, the head of Reeves' latest firm, told the Journal that Reeves has been forthright and understands the boundaries: “Jeff has been living up to his strict and solemn promises to us.”
Good luck with that.
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 AllTrending Stories
- 1'The Show Must Go On': Solo-GC-of-Year Kevin Colby Pulls Off Perpetual Juggling Act
- 2Legal Speak at General Counsel Conference East 2024: Match Group's Katie Dugan & Herrick's Carol Goodman
- 3Legal Speak at General Counsel Conference East 2024: Eric Wall, Executive VP, Syllo
- 4Battle for Top Talent Accelerates Amid Profit and Demand Surge
- 5Friday Newspaper
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