A federal judge on Monday tossed a lawsuit filed by two former Marsh & McLennan Companies Inc. executives who were implicated in a major insurance bid-rigging investigation. The decision, which defense lawyers said may be the first of its kind in the Southern District of New York, signals that companies facing government probes can reasonably expect employees to cooperate with internal investigations even if they risk self-incrimination.
U.S. District Judge J. Paul Oetken dismissed claims by ex-Marsh employees William Gilman and Edward McNenney Jr., who were both caught up in a sprawling insurance market probe by then-New York Attorney General Eliot Spitzer. Oetken concluded that Gilman and McNenney couldn’t show that Marsh breached their employment contracts when it fired them in 2004, after they declined to speak with company lawyers. The men had argued that they refused to cooperate in the company’s internal investigation in order to avoid incriminating themselves with prosecutors.
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