How Cravath's Cuomo Investigation Led to Jeff Zucker's Resignation at Atlanta's CNN
Cravath's work revealed unexpected additional information that led to the longtime CNN president's resignation.
February 04, 2022 at 04:03 PM
4 minute read
The original version of this story was published on The American Lawyer
The resignation of CNN president Jeff Zucker on Wednesday, requested by WarnerMedia CEO Jason Kilar, can be traced back to information gleaned from an investigation by Cravath, Swaine & Moore. Following those revelations, Zucker acknowledged that he violated company policy around the disclosure of personal relationships among colleagues.
WarnerMedia, a longtime client of Cravath, hired the firm to investigate CNN star anchor Chris Cuomo's dealings with his brother, former New York Gov. Andrew Cuomo, who was embroiled in a sexual harassment scandal last year that ultimately led to his resignation.
The firm found that Chris Cuomo had helped his brother manage media coverage during this period, in violation of journalistic ethics. Cravath also concluded that the Atlanta-based network had cause to fire Chris Cuomo over contractual violations.
As part of that investigation, Cravath attorneys interviewed Jeff Zucker and CNN executive vice president and chief marketing officer Allison Gollust last week. According to a report in The New York Times, those interviews were conducted in part because CNN executives believed the dispute over Cuomo's firing might lead to litigation.
The interviews of Zucker and Gollust revealed on the record what many in the media landscape already knew: the two had a long-running, consensual relationship.
Representatives for Cravath did not immediately respond to a request for comment regarding its work on the investigation.
Lawyers for Chris Cuomo have not sued WarnerMedia and CNN as of Friday, but some have pointed to the possibility of a suit to recoup close to $18 million in pay and severance. Cuomo's counsel asked WarnerMedia to preserve communications between Zucker, Gollust, Andrew Cuomo and his staff, the Times reports.
Reports say Cuomo has hired entertainment lawyer Bryan Freedman. Several news outlets, citing Puck News, have reported that CNN turned to Dan Petrocelli of O'Melveny & Myers for counsel regarding the Cuomo dispute.
Freedman did not immediately respond to a request for comment Friday. Representatives of O'Melveny declined to comment.
The New York Times reported that Cuomo's attorneys made a point to mention the relationship between Zucker and Gollust in their discussions with WarnerMedia. Those communications made their way to WarnerMedia CEO Kilar, who had an acrimonious relationship with Zucker. Kilar then informed Zucker that he would no longer remain at CNN, The Times reported.
Zucker and Gollust are both divorced and have worked together in one capacity or another for over 20 years.
"As part of the investigation into Chris Cuomo's tenure at CNN, I was asked about a consensual relationship with my closest colleague, someone I have worked with for more than 20 years," Zucker wrote Wednesday in a note to employees. "I acknowledged the relationship evolved in recent years. I was required to disclose it when I began but I didn't. I was wrong."
Gollust issued a similar statement.
"Jeff and I have been close friends and professional partners for over 20 years," she wrote. "Recently, our relationship changed during COVID. I regret that we didn't disclose it at the right time."
Gollust remains in her role at CNN.
WarnerMedia, and its previous iteration Time Warner, is a longtime client of Cravath.
The firm represented Time Warner in its merger with Turner Broadcasting System (TBS) in 1996 for $9.25 billion, its acquisition by AT&T for $85 billion in 2016 and most recently in its spinoff to merge with Discovery in a $43 billion deal last year.
There has also been some personnel sharing between the two.
For example, Christopher Davis, an associate at Cravath from 2013 through 2018, left to become senior counsel at HBO (a WarnerMedia property) before rejoining Cravath in July 2021.
Jessica Davidovitch, vice president and senior litigation counsel at HBO, was a Cravath associate from 2010 through 2014.
This isn't the first time high-profile personnel felt repercussions from internal investigations that were initially focused elsewhere.
Beth Wilkinson, a founder of D.C.-based Wilkinson Walsh & Eskovitz, was hired to investigate purported toxic workplace conditions at the former Washington Football Team—now the Commanders—franchise in 2020. As part of that investigation, emails from former Las Vegas Raiders coach Jon Gruden surfaced, containing sexist, racist and homophobic content. Gruden, who never coached the Washington team and was not a focus of the investigation, resigned as coach of the Raiders in October.
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