Biglaw Firm Battling A Gender Discrimination Lawsuit Will Have To Fight On A New Front
The complaint alleges the managing partner said, 'we’re not real good at practicing what we preach.'
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It looks like the Biglaw firm of Ogletree Deakins — ironically noted for their employment litigation practice — will have to fight another battle over their alleged treatment of women at the firm. For those who may not recall, last year the firm was hit with a $300 million class-action by nonequity shareholder Dawn Knepper, alleging gender discrimination and unequal pay. As that case winds its way through federal court, the firm will also have to deal with a purported class action under the California Labor Code Private Attorneys General Act of 2004 that was filed yesterday in California state court.
The named plaintiff in the case former Ogletree equity partner Tracy Warren, who has also opted into the federal action. Similar to the federal case, the complaint alleges Ogletree underpays female partners compared with their male counterparts. There are also allegations that the way in which the firm divvies up origination credits and provides opportunities for advancement and business development are discriminatory.
In additional to these now all too familiar allegations, the complaint alleges the firm ignored the grievances of women attorneys when they complained about their treatment by a male partner. The eye-popping quote on this issue is from the firm’s managing partner, Matt Keen, who is also a named defendant:
On information and belief, when a female shareholder asked the Managing Shareholder of the Firm, Defendant Matt Keen, about the Firm’s response to gender discrimination complaints made by female employees, he explained: “we’re not real good at practicing what we preach.”
Additionally, the complaint alleges the firm relied solely on in-house counsel during the investigation into these complaints, in opposition to the advice the firm would typically provide to their clients in similar situations.
UPDATE: The firm has responded it will “confidently defend” itself against the new lawsuit:
Equal opportunity has been a core principle of Ogletree Deakins since the firm’s founding, and we do not tolerate discrimination of any kind – gender or otherwise. We take the allegations very seriously. However, the decision-making process that governs our compensation system is both fair and equitable. In fact, we are proud of our “open compensation” system under which all shareholders in the firm know what every other shareholder earns – and the factors that support those determinations.
Ms. Warren was terminated shortly after the firm received a client complaint that she had engaged in unprofessional and unethical conduct. Following an investigation and with the input of outside counsel, Ms. Warren was expelled on a vote of the equity shareholders.
We will confidently defend the firm against these claims as we remain steadfast in our commitment to equal opportunity for all. Women comprise more than half of the people in our firm and, over the last five years, the majority of attorneys promoted to shareholder in the firm have been women. Further, women are among our most successful lawyers, serving in leadership positions as members of our board of directors and compensation committee, office managing shareholders, and practice group chairs.
You can read the full complaint on the next page.
Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).
