Allen & Overy called to appear before MPs in inquiry into abuse of non-disclosure agreements
A&O partner to appear before select committee after revelations of firm's role in Weinstein NDA
March 26, 2018 at 05:28 AM
3 minute read
Allen & Overy (A&O) partner Mark Mansell has been called to appear before the Women and Equalities Committee this week, after the revelation of the firm's historic role in a settlement over claims of sexual harassment made against disgraced movie producer Harvey Weinstein.
The magic circle firm was brought in to advise Miramax, which Weinstein co-founded, when the producer's then-assistant Zelda Perkins accused him of sexual harassment in 1998.
A&O's role – which was detailed in a Financial Times article published last year – saw the firm draw up a non-disclosure agreement (NDA) as part of the settlement between Weinstein and Perkins, who was advised by City firm Simons Muirhead & Burton.
Simons Muirhead partner Tamara Ludlow has also been called to appear before the select committee alongside Mansell.
Both law firms have refused requests to provide a copy of the NDA to the committee. According to the committee, the request was declined because Weinstein has refused permission to release it.
In a statement, A&O said: "Mark Mansell has been invited by the Women and Equalities Committee to give evidence for an inquiry into sexual harassment in the workplace. The inquiry is looking into the advantages and disadvantages of using non-disclosure agreements in sexual harassment cases. Mark has been asked to give evidence in his capacity as one of the country's leading employment lawyers with relevant expertise."
The 11-member committee, chaired by Maria Miller MP, is investigating the use of non-disclosure agreements relating to allegations of sexual harassment in the workplace.
Mansell and Ludlow are due to attend the session at 10:20am on Wednesday (28 March).
Perkins will also be providing evidence, alongside Max Winthrop, the chair of the Law Society's employment law committee; Suzanne McKie QC, the founder of Farore Law, which specialises in sex discrimination, sexual harassment, equal pay and sexual assault; and Gareth Brahams, chair of the Employment Lawyers Association and managing partner at employment firm Brahams Dutt Badrick French.
In a statement, the committee said: "Non-disclosure agreements is a catch-all term for agreements that include confidentiality clauses – sometimes referred to as gagging clauses.
"There has been criticism of their use in sexual harassment cases, with concerns that they may be used to conceal improper, discriminatory or even illegal behaviour, or to impede reporting of such behaviour to the proper authorities."
Earlier this month, the Solicitors Regulation Authority (SRA) warned law firms in England and Wales not to use NDAs to prevent the reporting of professional misconduct within their own businesses, in the wake of several sexual harassment scandals that have rocked the profession.
The SRA issued a warning notice reminding firms that any potential professional misconduct by a person or firm should be reported to the regulator, including sexual harassment or misconduct.
Allegations of misconduct have emerged at a number of major law firms in recent months, as more and more women come forward to report examples of inappropriate behaviour. Last week, Latham & Watkins chair and managing partner Bill Voge resigned from the firm after admitting to "communications of a sexual nature".
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