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Ex-Associate Says She Was Drugged at Holiday Party,
BigLaw Firm Responds
By Brian Baxter
The American Lawyer
New York Lawyer
May 9, 2008
As reported by The Boston
Globe, a former Bingham McCutchen associate filed a complaint
Wednesday with the Massachusetts Commission Against Discrimination,
the state's chief civil rights agency, alleging that Bingham ignored
her allegation that she had been drugged at a firm holiday party.
According to a copy of the
complaint obtained by The Am Law Daily, former litigation associate
Michelle Moor says a firm lawyer and an HR manager mishandled
charges she raised with them relating to alleged instances of
drugging of firm employees and rape. More details from the complaint
appear below.
Bingham McCutchen has
responded to Moor's action, saying there is no merit to her claims,
and expressing disappointment in Moor's resignation from the firm.
(Moor resigned in late February, claiming in her complaint that she
was concerned for her safety.) In a statement released Thursday by
firm spokesperson Claire Papanastasiou, Bingham says that it is
working with a safety expert to provide employees with
personal-safety training.
"We took Ms. Moor's report
extremely seriously. ... Ordinarily we do not comment further in
connection with ongoing disputes. Here, because issues of personal
safety are implicated, we comment further to address only that
matter.
"[Moor's] filing speaks of
the report received by the firm that Ms. Moor unknowingly ingested a
drug at a holiday party sponsored by the firm in a public setting.
The firm believes that at all times it acted diligently,
responsibly, and fairly in connection with information it received,
including gathering relevant facts and conducting an appropriate and
thorough investigation.
"The safety of our lawyers
and staff is of paramount concern to our firm. "
Still, the complaint
details some troubling allegations.
Moor claims that after a
holiday lunch at Lucia restaurant in Boston's North End on Dec. 14,
2007, at which she had two glasses of wine, she became "extremely
disoriented" and decided to go to an emergency room. Blood tests
taken revealed traces of Tegretol, an anti-convulsant known to cause
memory loss when ingested with alcohol.
According to the complaint,
Moor says she reported the incident to a senior associate, who said
she had also been drugged and raped by an unidentified Bingham
employee a year earlier but that she chose not to report the
incident because she felt it would hurt her partnership prospects.
Moor says she then reported
the matter to her mentor at the firm, Louis Rodriquez, the
co-chair of Bingham's labor and employment group, as well as to Lynn
Carroll, the firm's chief human resources officer. Moor claims
Carroll and Rodriquez said they would investigate the incident but
made little headway in the following weeks.
On Jan. 17, 2008, Moor says
in the complaint, she was invited to a dinner at another Boston
restaurant, Grill 23, to celebrate the dismissal of a case Bingham
was handling. Three other Bingham lawyers were in attendance, as was
a member of the firm's litigation technology department. Moor
alleges that the litigation tech specialist, whom The Am Law Daily
is declining to name, boasted at the party that he "enjoyed having
sex with women ... who were unconscious," and that "he knew how to
get 'roofies.'" ("Roofies" is a slang term for the date-rape drug
Rohypnol.)
Moor's complaint says she
left the dinner in tears and later reported what was said to
Carroll. She alleges that other lawyers at the dinner corroborated
her recollection of events; one lawyer, Moor says in her complaint,
allegedly said the offending individual had made similar statements
in the past. Moor claims Bingham offered to move her office to
another floor where she wouldn't be near the litigation tech
specialist. But Moor says in the complaint that she didn't want to
be moved away from her colleagues in the litigation department.
Despite her efforts to avoid the litigation tech specialist, she
claims, she continued to feel unsafe at work.
After several meetings with
Bingham management, Moor says in the complaint, Bingham informed her
in late February 2008 that the individual from litigation support no
longer worked for the firm. But Moor chose to leave the firm that
same month. In the complaint, she claims she was subsequently
informed by Bingham that she could not sue the firm because of a
clause in her employment contract. (Moor is now an associate with
Kotin, Crabtree & Strong in Boston.)
A short biography on Kotin
Crabtree's Web site says Moor worked in the Peace Corps in the Ivory
Coast before graduating from Northeastern University School of Law
in 2007. Moor did not return a phone call seeking comment and her
lawyer, Rachel Stroup, a litigation associate at Boston firm
Zalkind, Rodriguez, Lunt & Duncan, also declined to comment.
More NY
Lawyers Lose Public Pensions
By The Associated Press
New York Lawyer
May 8, 2008
New York Comptroller Thomas
DiNapoli is suspending or reducing the public pensions of five more
lawyers and an accountant in his ongoing investigation of
contractors wrongly listed as public employees.
Mr. DiNapoli said yesterday
membership in the New York State and Local Retirement System has
been revoked for Niagara Falls attorney Maria Massaro, Long
Island attorneys William Cullen and Nathan Swergold,
and Albany-area attorney M. Cornelia Cahill. He rescinded
service credit for attorney Maureen Harris, also from the
Albany area, and Salvatore Evola, an accountant from Long Island,
which reduces their benefits.
Most of the cases involve
school districts wrongly reporting the contractors as employees, but
officials are reviewing the practice in all the state's local
governments.
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