Morrison & Foerster Seeks Sanctions in 'Mommy Track' Suit
The firm is targeting the attorneys at Sanford Heisler Sharp who brought the suit, as well as one of the anonymous plaintiffs.
April 09, 2019 at 12:38 PM
4 minute read
The original version of this story was published on The Recorder
Morrison & Foerster is asking for sanctions against Sanford Heisler Sharp, which has brought a gender discrimination lawsuit against the firm, as well as one of the plaintiffs in the suit, alleging the plaintiffs brought claims that were “knowingly baseless.”
Sanford Heisler initially sued Morrison & Foerster in April 2018 on behalf of three former associates in California, claiming that the firm routinely holds back mothers and pregnant women, giving them lower pay and fewer promotion opportunities than their male peers.
Jane Doe 4, the plaintiff targeted in Morrison & Foerster's sanctions motion, signed on to the amended complaint in the case in January, claiming she was informed that she was being terminated less than two months prior to her due date and was coerced into signing a full release of claims in order to take her parental leave as planned.
But in a motion filed late Monday night by Morrison & Foerster's lawyers at Gibson, Dunn & Crutcher, the firm claims that Doe consulted a lawyer before signing the release and negotiated a significantly higher lump-sum severance payment than Morrison & Foerster initially offered. The firm's lawyers also claim that Doe secured salary payment for nearly five months after her active employment ended and nearly six additional months of benefits through negotiations that extended past the initial deadline the firm had set for acceptance.
“Morrison does not bring a motion for sanctions lightly, but sanctions are required under these extraordinary circumstances,” the firm's lawyers wrote. “The terms of the release underscore what Jane Doe 4's allegations make clear: Jane Doe 4, an attorney, negotiated for herself generous and substantial consideration in exchange for the release she executed.”
The motion also claims that Morrison & Foerster's lawyers at Gibson Dunn warned lawyers at Sanford Heisler that Doe didn't have a viable claim before she was added to the lawsuit, but that she was added anyway. Morrison & Foerster is asking U.S. Magistrate Judge Jacqueline Scott Corley, who is overseeing the case, to dismiss Doe's claims and for an award of attorney fees to be paid by her and her lawyers.
Sanford Heisler chair David Sanford didn't immediately respond to messages Tuesday morning. The firm has filed a string of high-profile lawsuits against large law firms, including Proskauer Rose; Ogletree, Deakins, Nash, Smoak & Stewart; and, this past week, a new suit against Jones Day. Deborah Marcuse, managing partner of the firm's Baltimore office and co-lead counsel for the MoFo plaintiffs, said in a statement emailed Tuesday afternoon that MoFo's motion was “baseless” and filing it was “itself sanctionable conduct by MoFo.”
“It is regrettable that MoFo made the choice to terminate Jane Doe 4 when she was eight months pregnant, without prior notice. It is reprehensible that the Firm then demanded that Jane Doe 4 sign away her legal rights or give up the five months of paid maternity leave that she was counting on,” Marcuse said. “MoFo's conduct toward Jane Doe 4 constituted duress and undue influence warranting recission of the agreement she signed.”
A spokesman for Morrison & Foerster said the firm would let the filing speak for itself. The firm had previously asked to dismiss the complaint and for a judgment on the pleadings in Doe's case. In particular, the firm claimed that Doe had “a sustained history of performance deficiencies” and that she had released her claims against the firm as part of severance negotiations.
Read the Sanctions Motion:
Read more:
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 AllAs Tech-Focused Roles in C-Suite Expand, Newcomers Embrace Big Law Opportunities
What About the Old Partners Who Have No Interest in AI?
Avantia CEO Discuss Blurring Lines Between Law Firm, Software Provider and ALSP
8 minute read- Strong Demand Fuels Growth for Big Four Labor and Employment Firms
- Report: Half of World's Largest Companies Fail Pay Equality Test
- 'Someone Has to Speak Up': Lawyers Suing Jones Day Say Career Risk Is Worth It
- Which U.K. Law Firms Had The Worst Gender Pay Gap Numbers?
- EEOC Balks at Quick Revival of Pay-Data Rule
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Trump's Return to the White House: The Legal Industry Reacts
- 3Election 2024: Nationwide Judicial Races and Ballot Measures to Watch
- 4Climate Disputes, International Arbitration, and State Court Limitations for Global Issues
- 5Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
- 6How Much Does the Frequency of Retirement Withdrawals Matter?
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