SAN FRANCISCO Silicon Valley investment firm Kleiner, Perkins, Caufield & Byers says Ellen Pao has got the wrong defendant.
In a brief filed in support of its appeal of a San Francisco Superior Court judge’s earlier decision not to send Pao’s employment discrimination claims to arbitration, Kleiner Perkins’s lawyer, Lynne Hermle of Orrick, Herrington & Sutcliffe writes that Pao’s claims “turn on terms” in operating agreements that govern the management of individual investment funds at the firm agreements that include arbitration clauses. Pao’s decision to sue Kleiner Perkins instead, Hermle says, was a deliberate choice, since Pao signed no agreement to arbitrate with Kleiner Perkins specifically.
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