Akin Gump Strauss Hauer & Feld has denied charges that it used the firm’s financial condition as a “pretextual” excuse to terminate its only black woman attorney in the New York office. In its answer filed Monday in Simmons v. Akin Gump, 10cv8990, the firm said that in September 2009 it had informed Tameka Simmons, along with two white associates in the New York investment funds practice groups, that they would be terminated because 2009 in terms of business “was one of the worst years in history for law firms resulting in unprecedented layoffs.” The firm also stated in its answer that in 2009 it had laid off 90 of some 800 associates and counsels nationwide. Although the firm had confirmed laying off 47 associates in March 2009, it has not acknowledged further layoffs.
To support her claim that firm finances were used as a pretext, Ms. Simmons stated in her complaint that around the time she was told she would be terminated at the end of 2009, a partner at the firm had touted the New York office as the “hot spot” with “all the business.” The firm meanwhile, she alleged, lifted a freeze on associate salaries in her last month at the firm, “which reflected [Akin's] financial health.”
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