In the nearly two years since the emergence of the #MeToo movement, plenty of law firms have touted their expertise handling workplace harassment matters, internal investigations and other related practices.

But according to Quinn Emanuel Urquhart & Sullivan, no leading Big Law firm has launched a plaintiffs-side practice to pursue sexual harassment and employment discrimination cases—until now.

The 830-lawyer litigation firm on Monday announced the formation of its sexual harassment and employment discrimination practice group, to be co-chaired by New York-based ex- prosecutor Manisha Sheth and longtime Los Angeles commercial litigation partner Diane Cafferata.

"Quinn Emanuel's entry into this practice area is a watershed event," Quinn Emanuel founder and managing partner John Quinn said in a statement. "We are the only major Am Law 100 firm that is actively promoting these plaintiff-side representations."

Sheth made partner at Quinn Emanuel in 2010 and was part of the team that led the firm's $20 billion litigation campaign against big banks that sold mortgage-backed securities to Fannie Mae and Freddie Mac. She rejoined Quinn Emanuel in March after two years heading up the economic justice division of the New York  attorney general's office. She rejoined as co-chair of the firm's government and regulatory litigation practice group.

She said Quinn Emanuel can offer sexual harassment plaintiffs a mix of skills and resources that will set the new practice apart.

"What we bring is the credible trial threat and brand recognition," Sheth said. "This will allow for the plaintiff to get a settlement more quickly and get not just compensation relief, but also relief in the form of changes to policies and procedures."

Sheth said that discussions about launching the group began in earnest in August, and after "homework was done" the firm made the move to actively promote the practice.

"As a result of #MeToo, we as a society are at an inflection point," she said. "It is clear that this is not isolated. It [harassment] exists in every industry and at every level of a company. The other thing that is clear is that we as a society are not going to stand for it."

Quinn Emanuel isn't just planning on representing plaintiffs who claim to be direct victims of harassment or assault. In announcing the new practice, the firm noted that it's also well-positioned to bring indirect claims in the form of shareholder derivative suits or even securities fraud claims.

"Courts have seen a dramatic upswing in the number of shareholder derivative suits brought against a company's board of directors based on its failure to act after learning about complaints of sexual harassment made by an employee," the firm said in a release. "Shareholders have also brought securities fraud claims against a company based on allegations that the company made material misstatements or omissions regarding sexual harassment that affected its stock price."

Sheth said that the firm's past experience defending clients against sexual misconduct claims would not cause any conflicts, but rather serve as as asset to plaintiffs.

"There are no positional conflicts that I can see," Sheth said regarding others in the firm representing accused harassers. "I truly believe that if we can convey that this is an advantage we can be better advocates for the client."

John Quinn echoed that sentiment in a statement: "As with our other practice areas, our defense side representations will allow us to anticipate arguments, defenses, and strategies that may be employed by defendants in these types of cases."

Sheth said that one of the main challenges facing the practice is also one of the #MeToo movement's defining characteristics: The need to overcome fear.

"There is a sensitive emotional aspect to this practice," Sheth said. "It takes a lot to come forward. And in litigation there will be discovery, and there are reputational issues at stake. It takes a lot of courage."

|

Read More

Quinn Emanuel Defends Judge Alex Kozinski as Misconduct Claims Mount