Just a Week Old, Gender Discrimination Litigation Over Fired Wall Street Exec Heats Up: Both Sides Launch New Complaints
The flurry of allegations and filings sets up a central question for the federal judge presiding: Does Bramshill Investment's proprietary information-based complaint against ex-executive director Ashley Pullen amount to illegal retaliation in response to her gender discrimination claims?
October 02, 2019 at 10:06 AM
7 minute read
On the same day that a female former executive director at Bramshill Investments launched a gender discrimination and retaliation lawsuit against the company, the Wall Street investment firm fired back with a misappropriation-of-trade-secrets suit lodged against her in a different federal court.
Now, former Bramshill executive director Ashley Pullen, who claims she was unfairly labeled as "aggressive" by the company and fired after she complained about gender inequities in work distribution, has levied a new complaint against Bramshill that expands on her previous one and states that Bramshill's same-day lawsuit—on Sept. 24—was simply a "retaliatory complaint alleging six spurious causes of action against Ms. Pullen."
All of it sets up what could become a knock-down, drag-out legal battle between Pullen and Bramshill, a 21-employee alternative asset manager with about $2.5 billion under management.
The flurry of allegations and filings, initiated last week with Pullen's complaint lodged in the U.S. District Court for the Southern District of New York and now shifting entirely to the District of New Jersey with Pullen's new filing Monday, also tees up a central question for U.S. District Judge John Michael Vazquez: Does Bramshill's proprietary information-based complaint against Pullen amount to illegal retaliation in response to Pullen's gender discrimination claims?
In an interview Tuesday with the New York Law Journal, Bramshill's co-founder and chief compliance officer, William Nieporte, said that Pullen's alleged misappropriation of firm proprietary information meant that she had clearly "broken company policy [focused on] cybersecurity, compliance and confidential information," and that's why she was fired on Aug. 8.
The firm, which specializes in fixed-income investment opportunities, has "suffered significant monetary damages and loss due to [Pullen's] willful misconduct," Bramshill claims in its New Jersey suit. Bramshill then details how Pullen allegedly downloaded and forwarded to her own, smaller investment company, called SparHawk Advisory, a collection of Bramshill master client lists, marketing materials and "proprietary investor lists and strategies containing investment amounts and confidential information, [in order for her] to operate a competing company."
But to Pullen and her lawyers at Wigdor in Manhattan, the Bramshill complaint is nothing more than the Wall Street firm following through on a previously made "threat" meant to intimidate her: Namely—and allegedly—that if Pullen were to launch a discrimination suit against Bramshill, then the company would bring counterclaims based of her alleged wrongdoing.
"I would note that in their case, they basically purport to have an urgent need for relief," said Wigdor partner Michael Willemin in a phone interview Tuesday. (Willemin was referring in part to a motion for a temporary restraining order and preliminary injunction lodged by Bramshill in conjunction with its New Jersey action.)
"But," continued Willemin, "[Bramshill and its counsel at Gordon Rees Scully Mansukhani] waited six weeks [after Pullen's firing] to bring this lawsuit, and they brought it only immediately after our client filed claims under the anti-discrimination laws."
Willemin then pointed to paragraph 12 of Pullen's 33-page complaint filed before Vazquez in Newark. Both that complaint and her original one pull out quotes from an email allegedly sent from a Gordon Rees associate to Wigdor on Sept. 18. "Presently, we are aware that your client downloaded and stole confidential and proprietary information and documents from Bramshill. … These are very serious allegations that could (and will) warrant counterclaims under the New Jersey Computer Related Offenses Act, and other common law claims. If your client proceeds with filing a Complaint, Bramshill has authorized my firm to defend the claims, and file counterclaims concerning your client's wrongdoing," the complaint quotes the Gordon Rees email as stating.
To Willemin, the email was an "admission of the motivation here, which is retaliation," he told the Law Journal.
He added, "There is no evidence whatsoever that Ms. Pullen misappropriated anything, and there is no evidence that Ms. Pullen operated a competing company, and the allegation that she did is supported by zero facts or specifics."
The Gordon Rees attorney could not be reached for comment.
But Nieporte, the Bramshill co-founder and CCO, was equally adamant and strong in the statements he made by phone on Tuesday.
"She admitted [during interoffice discussions] to these transgressions," he said of Pullen's alleged theft of proprietary information, "and we appropriately terminated her based on rules and regulations of the firm being broken."
Then, of Pullen's complaint which alleges a discriminatory "boys' club" atmosphere at Bramshill, Nieporte said, "We consider this … an attack on our firm and our core culture, and we take this very seriously."
"We [also] completely and categorically deny the allegations" as described throughout the complaint, he said.
Pullen's original New York complaint and the newer version of it filed in New Jersey (the New York action has since been closed) claims she was fired for pretextual, retaliatory reasons, just one week after she told Bramshill CEO Stephen Selver, who'd allegedly accused her of being a source of "tension," that "the only reason this tension exists is because you are running the marketing team [at Bramshill, of which she was a part,] like a boys' club."
Her suit also contends that she was repeatedly "being marginalized and passed over for opportunities in favor of her male colleagues; particularly Mr. [John] Wasilewski—who had been hired for exactly the same role as Plaintiff" shortly before she joined the firm."
In the New Jersey-filed complaint, Pullen's retaliation-based claims add in Bramshill's lawsuit launched against her as another element of the firm's alleged retaliation.
Her suit brings claims under the federal Equal Pay Act, New York State Human Rights Law, New York Executive Law §§290 et seq., New York City Human Rights Law and New Jersey Law Against Discrimination.
Bramshill's 22-page complaint launches causes of action under the federal Trade Secrets Act, New Jersey Trade Secrets Act and New Jersey Computer Related Offenses Act. It also includes claims of breach of contract, breach of duty of loyalty and unjust enrichment.
Neither suit names a damages amount. (Pullen lives in New Jersey, but mostly worked out of Bramshill's Manhattan office during her four to five months at the firm, according to court documents.)
On Tuesday, Vazquez held an on-the-record phone conference in the two lawsuits. He consolidated them, and ruled to deny the temporary restraining order portion of Bramshill's motion accompanying its complaint. The preliminary injunction part of the motion will go on and a briefing schedule will be issued, according to court documents.
Willemin, who maintains the trade secret action is retaliation, also said Tuesday that in last year or two of his practice he has seen defendants and their lawyers use "retaliation" suits both more aggressively and frequently.
"It's becoming more common to see defense attorneys and their clients attempt to defend cases in a way that seeks to intimidate, bully, harass and retaliate against victims of discrimination," he said, drawing on eight years of employment law and discrimination practice experience.
"It's a tactic," he claimed, "to one, attempt to gain leverage by filing litigation to scare a plaintiff [and] beat her down, and, secondly, it sends a message to other company employees who are contemplating raising issues of discrimination that the end result of that is they're going to be sued."
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
© 2024 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 AllThe Elliott Management vs. Southwest Airlines Faceoff: Who Won and What Determined the Outcome?
7 minute readNot All Secrets Are Trade Secrets: SDNY Examines the Limits of NDA Protection
13 minute readTrending Stories
- 1Commentary: James Madison, Meet Matt Gaetz
- 2The Narcissist’s Dilemma: Balancing Power and Inadequacy in Family Law
- 3Leopard Solutions Launches AI Navigator, a Gen AI Search, Data Extraction Tool
- 4Trump's SEC Likely to Halt 'Off-Channel' Texting Probe That's Led to Billions in Fines
- 5Special Section: Products Liability, Mass Torts & Class Action/Personal Injury
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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