Is The DLA Piper Sexual Harassment Case The Legal Community’s Harvey Weinstein Scandal That I’ve Been Predicting? Sure Looks like It…

For almost two years, I’ve been telling my ethics training attendees at bar associations and law firms that their profession has a serious sexual harassment problem, that there are many Harvey Weinstein, Esq,s out there, and the arrival of a major big law firm scandal or ten is inevitable.

Earlier this month, I wrote about the emerging sexual harassment controversy at DLA Piper,  the largest law firm in the world. Vanina Guerrero, a junior partner at  Piper, alleged that Louis Lehot, a notable “rainmaking” partner of long-standing who  pursued her,  groped her, and then retaliated when she rejected his advances. I wrote in part,

The kind of harassment she alleges is not the kind of behavior that is a secret, whether it occurs in a law firm in Hollywood, on a morning news show, on a TV production set or in an opera company, just to name some familiar locales. She says that the partner who recruited her had groped or kissed her on four occasions, and through her attorney’s supplemental filing with the EEOC, that the partner “regularly throws temper tantrums in and out of the office,” and no one at the law firm has reined him in.

There is now more information regarding this story. None of it proves that Lehot was a sexual harasser taking advantage of his power in the law firm to intimidate and abuse women for his own enjoyment, or that DLA Piper’s management  enabled him by applying the King’s Pass, concomitantly creating a toxic culture at the firm, so everything still has to be followed by the magic qualifier, “alleged.” Still, the signs are ominous: Continue reading

Never Mind, Ms. Guerrero: Hillary Clinton Says You Should Just “Get Over It”

Vanina Guerrero, a junior partner at mega-law firm DLA Piper, has alleged that a rainmaking partner who recruited her to the firm pursued and groped her, and then retaliated when she rejected his advances.

“I experienced such horrific conduct at the hands of a senior male partner and deserve to openly litigate my claims,” she wrote in a letter. The problem is that she is bound by her agreement with the firm to submit the dispute to binding arbitration.

A “rainmaker,” eh? That rang a bell…YES! Here’s a post, “Tales Of The King’s Pass: The Rainmakers,” I wrote last year about the typical attitudes on major law firms when protecting female staff against sexually abusive partners who make a lot of money for the other lawyers. I wrote in part, in revulsion over an ABA Journal article about how a sensible firm with a harassing but lucrative partner had to “balance’ considerations…

[T]he consultant begins quoting another ethics-lite law firm consultant. Apparently they are all like this. He says that…

“…most firms tolerate rainmakers’ abusive behavior unless it threatens something essential in the firm’s culture. Peters says firms must draw a line when the “fabric of the firm” is at risk. “The firm must win. No one, not even a rainmaker, can be allowed to destroy the fabric of the firm.”

That’s the standard? Destroying the firm? I think what this Authentic Frontier Gibberish means is that when a rainmaker does so much internal damage to the organization that even all the money he or she brings in won’t make up for it, that abusive rainmaker has to go. Talk about a low bar! “We’ll let you get away with just about anything since you make us so much money, but just don’t destroy the firm.”

It sound like DLA Piper’s management read the ABA Journal’s “How to justify keeping harassers around when they make you a lot of money” guide. Guerrero says she reported the situation to Sang Kim, one of the leaders of DLA’s Northern California offices. He said that it sounded like a he-said, she-said situation, and she should “talk it out” with four senior partners, including the partner she accused. That’s a common dodge. Continue reading

The Ethically Inert NBA Shows Its Corrupted Soul

It was less than a week ago that the New York Times’ John Branch wrote,

“…the best thing about the start of the N.B.A. season — or just the preseason, which began this week — is that it thrusts the league back into the conversation. Not just about sports, but about the connection sports have to everything else, from politics to fashion, civil rights to gun rights…The N.B.A. is comfortable being connected. Opinions count. Expression is (mostly) encouraged. Politics is not filtered through political correctness, not parsed by focus groups or marketing departments…the N.B.A. does at least one thing better than other leagues: It joins the conversation and adds to it. It is a game for adults.”

Right on, John. And here’s what the NBA just added to the conversation: the league will kowtow to a repressive totalitarian regime and punish employees who choose freedom over submissiveness if it’s good for the bottom line.

Houston Rockets GM Daryl Morey posted this on Twitter:

The Horror! Who in the U.S. doesn’t support the Hong Kong protesters, other than maybe Bernie Sanders and Rep. Ocasio-Cortez? Well, interestingly given Branch’s puff piece, the NBA doesn’t. The reason? Why money, of course. The NBA regards China as a growth market; never mind the slavery, political prisoners and repression of basic rights. Are you ready to ruuuuuumble???  Rockets owner quickly slapped Morey down, tweeting, 

Listen….@dmorey does NOT speak for the @HoustonRockets. Our presence in Tokyo is all about the promotion of the @NBA internationally and we are NOT a political organization.

Well, unless a Rockets player is bashing the United States as racist…that’s just fine.

Morey was forced to take down his tweet (betting is that he will be fired), and then issued a Galileo-style apology, if Gallileo had used Twitter:

I did not intend my tweet to cause any offense to Rockets fans and friends of mine in China. I was merely voicing one thought, based on one interpretation, of one complicated event. I have had a lot of opportunity since that tweet to hear and consider other perspectives…I have always appreciated the significant support our Chinese fans and sponsors have provided and I would hope that those who are upset will know that offending or misunderstanding them was not my intention. My tweets are my own and in no way represent the Rockets or the NBA.

“Other perspectives.” Here’s one: “Chinese state media urges quicker trials and heavy sentences for Hong Kong protesters…People’s Daily says the city’s judiciary has been too lenient in dealing with those arrested during months of unrest Xinhua slams school of 18-year-old shot in chest by Hong Kong police for failing to denounce him, after school said it shared young people’s concerns…” Continue reading

Morning Ethics Warm-Up, 9/20/2019: Not Funny!

Ah! It finally feels like a September morning!

1. Not fake news, exactly, just half-baked news. On the New York Times front page, right hand column above the fold is the headline “Claim on Trump Is Said To Involve Foreign Leader.” Reading it, we learn that an unspecified complaint has been made by a an unnamed whistle-blower “in the intelligence community” that is “said” (by no named source) to involve President Trump saying something, promising something or implying something, at least partially involving the Ukraine, according to two sources also un-named. This is apparently all being investigated by the appropriate inspector general.

I’m serious. This is what the Times considers front page news now. Instantly, “resistance” members and Democrats will leap to the conclusion that whatever it is, it’s impeachable. Those who are thoroughly sick of the successive coup attempts will assume that this is one more concocted sliming by the Deep State, so we can have a “Russiagate” style investigation that will hamstring President Trump’s second term. Those who are focusing on the mainstream news media’s war on the President will conclude that the Times, having once again exposed itself as less a journalism organization than a Democratic Party hit squad with its self-indicting misrepresentation of accusations against Justice Kavanaugh, rushed a non-story into print as a diversion.

For my part, I’ll wait for actual facts, thanks. I don’t trust “the intelligence community” not to manufacture ways to undermine the Presidency, not after Comey, McCabe, the FISA fiasco, the FBI lovebirds texts, and Mueller’s statements, among other smoking guns. I don’t trust the Times reporting, I don’t trust President Trump not to do or say something that crosses ethical or legal lines, and I certainly don’t trust Congressional Democrats to determine what are serious transgressions by this President and what are typical maneuvers that have only become ominous because he isn’t Barack Obama. Continue reading

Monday Ethics Warm-Up, 7/29/19: Reverse Racism And Listening To Dead People

“Life is just one damn thing after another.”Will Rodgers.

1. “Dear White People.” Yes, that’s the name of what “Entertainment” calls an eagerly awaited Netflix series. The title is racist. Whites, however, are supposed to ignore constant efforts to stereotype them by skin shade, “otherize” them by designating people of non-color as “you people” (the term the NAACP erupted in outrage over when Ross Perot used it to describe their members), and generally employ the same demeaning rhetoric that if used in the other direction would be attacked as racist.

The  proposed rule appears to be that males and whites, and especially white males, should capitulate to this demeaning double standard, concur that they are twin blights on civilization, and if they do not, and find themselves driven into the arms of the national elected leader and the political party that does not accept the rigged “principles” that constitute consent to be bullied, persecuted and insulted, that means they are “white supremacists” and misogynists.

The gamble, I suppose, is that whites and men are really, really stupid and cowardly, and this divisive hypocrisy will prevail.

I could be wrong, but I think it’s a bad bet.

Post script: From the Babylon Bee: “Ilhan Omar Introduces Resolution Condemning Racism, White Men, And The Jews.”

Bingo. Continue reading

Ethics Observations On Barack Obama’s $596,000 Speaking Fee

A report from El Tiempo, a Colombian news outlet, states that former President Barack Obama will recieve “2 mil millones de pesos” for delivering a speech engaging in an  on-stage discussion about leadership strategies at the EXMA Conference in Bogota. Obama’s fee is the equivalent of $594,000 in U.S. dollars

The Colombian news website Publicmetro.co, further reports that conference attendees who want to attend the event and take a photo with Obama will pay 11 million Colombian pesos, or about $3,267.

Ethics Observations: Continue reading

“Avengers: End Game” Ethics

I should begin by noting that there is no way I’m going to see this movie, unless I’m in the hospital, it’s on TV and my best alternatives are “Ellen” and Don Lemon.  I’m sick of CGI movies, sick of super-hero movies, and  have never been enamored of the genre since Christopher Reeve took Margot Kidder flying. As for this particular super-hero movie, the fact that it is 3-hours  is a minor problem, overwhelmed by the fact that I would have to watch the previous long Avengers movie, “Infinity War” to have a prayer of knowing what the hell’s going on.

However, many fans of such films are annoyed by the fact that “End Game” is so long yet has no intermission. They should be. One should be able to see the entertainment one has paid for without having to miss a chunk because nature calls. Movies don’t have intermissions any more, but that doesn’t mean there’s a good reason for them not to. Continue reading