Freshfields' London offices Courtesy photo

Freshfields Bruckhaus Deringer has fired back at a recruiter who claims credit for Ethan Klingsberg's move to the firm, arguing the firm had no written contract with him.

Boston Executive Search Associates, which calls itself ESA, claimed in a lawsuit last year that it told Freshfields' U.S. corporate leader Mitchell Presser in November 2018 that Klinsgberg was open to a move away from Cleary Gottlieb Steen & Hamilton, only to be told by Presser to "hold off."

Freshfields, in seeking to dismiss ESA's suit, said in Jan. 24 court papers that it was already working with another recruiter to move New York-based Klingsberg.

The Magic Circle firm also advanced legal arguments for why U.S. District Judge Richard Stearns of the District of Massachusetts should dismiss the case, claiming the Massachusetts Business Broker Statute of Frauds requires agreements like the one ESA claimed it had with Freshfields to be in writing.

"By way of five equally baseless claims, legal recruiting firm ESA demands a multi-million dollar payday, based on an 'agreement' with Freshfields that did not exist, for a purported lateral partner 'introduction' that it never made," said the firm, represented by its own lawyers and others from Goodwin Procter.

The move by Klinsgberg and three other Cleary partners, which reportedly included a five-year, $10 million annual pay guarantee for rainmaker Klingsberg, was a big one for Freshfields. The Magic Circle firm's corporate practice hasn't cracked the top of the league tables for U.S. deals, but its hires from Cleary—including partners Klingsberg, Pamela Marcogliese, Paul Tiger and Meredith Kotler—added star talent who had worked with clients such as Starbucks and BASF.

Mark Rosen of Mark Bruce International has been credited with brokering the move.

Freshfields doesn't name Rosen or his firm in its dismissal motion papers, but it does say it was introduced to Klingsberg by "a different recruiting firm—[one] that, unlike ESA, Freshfields had engaged."

The effort to recruit Klingsberg had been underway for "months" when ESA claimed to have made the introduction, Freshfields said. The firm said it shared Klingsberg's name and its desire to recruit him with the other recruiter in August 2018.

In any case, Freshfields argued, Massachusetts law requires a written contract for placements like the one ESA claims it made. The parties exchanged drafts, but no deal was made, the firm said.

Boston Executive Search Associates has previously litigated against Simpson Thacher & Bartlett over a fee it claimed to be owed for the placement of a partner. That matter settled in 2018.

Douglas Salvesen, a lawyer at Yurko, Salvesen & Remz who represents ESA, declined to comment except to say that he had seen Freshfields' motion and was writing an opposition. Representatives for Freshfields didn't immediately respond to comment requests. Freshfields is represented by partner Timothy Harkness and associate Brayden Koslowsky and Goodwin partner Joseph Savage Jr. and associate Courtney Orazio.

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