Proskauer partner blasts firm's bid to dismiss $50m gender bias suit
Details emerge in $50m gender bias US court case
August 01, 2017 at 08:04 AM
3 minute read
A partner at Proskauer Rose told a Washington, DC federal court on Monday that "rank-and-file" partners at her firm function as employees, not business owners, and the court should therefore reject Proskauer's bid to dismiss her $50m (£38m) gender bias lawsuit.
Lawyers for the Jane Doe plaintiff at Sanford Heisler Sharp filed a flurry of papers opposing the firm's motions for dismissal and summary judgment. The suit alleges that Doe was paid less than male counterparts, despite excelling as a partner, and that the firm marginalised her when she complained about unequal pay.
Proskauer argued in June that the complaint sought to shoehorn claims by a disgruntled but highly paid equity partner into federal and state anti-discrimination laws that are really meant to protect employees who hold no ownership stake in a business. The firm also dismissed the claims of bias and retaliation as "utter falsity".
Doe's legal team, led by Sanford Heisler Sharp's David Sanford, countered on Monday that far from acting as "business owners", Doe and other partners at the firm work under strict rules and policies that Proskauer's executive committee determines. The executive committee also determines the partners' pay and controls hiring and firing, the lawyers argued.
"The control vested in and exercised by the executive committee creates a substantial separation between the firm and its rank-and-file partners," Sanford argued. "It is the executive committee that controls firm partners, not the other way around."
In a statement on Monday, Proskauer said the plaintiff was fairly rewarded for her work at the firm and "treated properly at every turn".
"Despite the many false statements in her papers, nothing in Ms Doe's opposition changes the fact that she is a business owner who is not covered by the laws she seeks to invoke," the statement said.
The partner opted to sue as a Jane Doe plaintiff for several reasons, including a concern that psychological and medical symptoms documented in the suit may damage her professional reputation, according to a brief filed along with the original complaint in May. Her lawyers also pointed to a period of family leave she took in order to care for a child with health problems; the suit alleges that Proskauer retaliated against the woman after she took that time off.
Kathleen McKenna, a Proskauer partner, is leading the firm's defense alongside fellow partner Evandro Gigante. Both are also facing plaintiffs lawyers from Sanford Heisler Sharp in a separate gender bias lawsuit in New York brought by women who formerly served as partners at Chadbourne & Parke, which recently combined with global firm Norton Rose Fulbright.
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
© 2025 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 All“I Bought a £20 Suit From eBay”: How a Social Mobility Scheme Helped Launch a Paul Weiss Associate’s Career
6 minute readNorton Rose Sues South Africa Government Over 'Unreasonable' Ethnicity Score System
3 minute read'I Was Getting Straight Nos From Absolutely Everyone': How a Tetraplegic Linklaters Lawyer Defied All Odds
6 minute readTrending Stories
- 1States Accuse Trump of Thwarting Court's Funding Restoration Order
- 2Microsoft Becomes Latest Tech Company to Face Claims of Stealing Marketing Commissions From Influencers
- 3Coral Gables Attorney Busted for Stalking Lawyer
- 4Trump's DOJ Delays Releasing Jan. 6 FBI Agents List Under Consent Order
- 5Securities Report Says That 2024 Settlements Passed a Total of $5.2B
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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