A nearly two year-long public brawl between Kasowitz, Benson, Torres & Friedman and a former partner it fired for sexual harassment could be quieting down now that a Manhattan Supreme Court judge has dismissed both parties' lawsuits.
Justice Martin Shulman (See Profile) last week found "unavailing" and "unpersuasive" the arguments made against the firm by intellectual property lawyer Jeremy Pitcock, who sued for defamation, breach of contract and breach of fiduciary duty.
The judge also found Kasowitz Benson failed to show how Mr. Pitcock had damaged the firm.
Eric Wallach, a partner at Kasowitz Benson named as a defendant, said he and the firm had no comment.
Craig Stuart Lanza of Balestriere Lanza in Manhattan, who represents Mr. Pitcock, said his client was pleased the court dismissed all of Kasowitz Benson's claims against him and he is reviewing his options.
The lawsuits stemmed from a messy public parting between Kasowitz Benson and Mr. Pitcock, the former chair of its intellectual property practice. Kasowitz Benson fired him in December 2007 after a holiday party where the firm claims Mr. Pitcock made sexual advances toward at least seven female employees.
Mr. Pitcock in January 2008 joined Morgan & Finnegan. An article in the trade publication IP Law 360 reported at the time that Morgan had "nabbed" Kasowitz's IP leader and that Mr. Pitcock had "jumped ship."
Kasowitz Benson said that to address questions from clients about the viability of its IP group, it issued a press release saying it had terminated Mr. Pitcock for "extremely inappropriate personal misconduct."
Morgan & Finnegan ousted Mr. Pitcock not long after Kasowitz issued the release. (Morgan & Finnegan, an IP boutique, filed for bankruptcy in February.)
The negative press release was a rarity in the legal profession.
In 2002, Pillsbury Winthrop issued a statement claiming a partner who left for Latham & Watkins had departed "on the heels of sexual harassment allegations" after "a significant decline in his productivity." The partner, Frode Jensen III, sued the firm, calling the allegations false. The suit settled for what The American Lawyer reported as $5 million to $10 million.
In June 2008, Mr. Pitcock sued Kasowitz Benson in federal district court in Manhattan, charging his former partners with defamation, breach of contract and breach of fiduciary duty for firing him and publicizing the incident. Mr. Pitcock was unable to find another "suitable" legal job after the press release and subsequent articles, his complaint claimed. His lawyers later withdrew the federal case and re-filed in Manhattan Supreme Court.
Kasowitz Benson, represented by Gandolfo DiBlasi, a partner at Sullivan & Cromwell, in July 2008 shot back with a separate state court action against Mr. Pitcock, accusing him of breach of fiduciary duty to the firm and breach of contract after he allegedly harassed at least 12 female employees, including seven during its 2007 holiday party. The two suits were later consolidated.
In a Sept. 29 ruling in Pitcock v. Kasowitz, Benson, Torres & Friedman, 601984/08, Justice Shulman dismissed Mr. Pitcock's suit in its entirety. Addressing the defamation charge, he said Mr. Pitcock's own admissions demonstrated the truth of the statement Kasowitz Benson released detailing his termination.
The decision will be published tomorrow.
"Truth is always a defense to an allegation of defamation," Justice Shulman wrote.
The judge cited an apologetic e-mail Mr. Pitcock sent to a Kasowitz Benson partner.
"I wanted to have a chance to apologize to you for my recent behavior," Mr. Pitcock wrote in the e-mail, according to the decision. "It is far from the standard that others expect of me, and that I expect for myself. I am truly sorry for the effect of that behavior on others at the firm, and I am willing to make amends as possible."
In the e-mail, Mr. Pitcock said that after talking to his wife he was "committed to remaining at the firm if possible and proving that I will never again engage in any even arguably inappropriate behavior."
Mr. Pitcock said he would "accept whatever appropriate discipline you decide upon."
He had also accused Kasowitz Benson and Mr. Wallach of failing to conduct a complete investigation into the harassment complaints and not allowing him to respond to the allegations, a violation of their fiduciary duty.
But Justice Shulman said Mr. Pitcock "admitted his wrongdoing, which obviates this claim."
As for the firm's suit, Justice Shulman said Kasowitz Benson "failed to allege any actual losses that it suffered because of [Mr.] Pitcock's actions."
The firm not only did not identify any losses, but also provided no specific indication that Mr. Pitcock's actions caused any reduction in business, Justice Shulman wrote. He noted the firm had previously asserted that no clients left because of Mr. Pitcock.
Mr. Pitcock's clients had included JDS Uniphase; Harmonic Inc., and Adelphia Communications Corporation, according to his complaint.
Mr. Pitock, who in his complaint said he earned $1.2 million a year at Kasowitz Benson, today runs a two-lawyer Nanuet, N.Y.,-based boutique called The Pitcock Law Group.
Meanwhile, in June, Mr. Pitcock filed a new complaint against Kasowitz Benson in state court that makes similar claims. That action is unaffected by Justice Shulman's ruling.
@|Nate Raymond can be reached at nraymond@alm.com.
