"Zoya Kovalenko v Kirkland & Ellis" and The Media - Will "Chen-Oster v Goldman Sachs" Suck Up All the Oxygen?

 "A former Kirkland & Ellis associate [Zoya Kovalenko] sued the law firm and a group of current and former partners on Wednesday, claiming the firm favored her male counterparts and fired her after 10 months because she complained about her treatment." - Reuters Legal, October 12, 2022.

In a 130-page lawsuit filed in federal court in California - copy here - Zoya Kovalenko alleges K&E the law firm and certain partners in it treated her differently than her male colleagues in intellectual property litigation. For example, they allegedly loaded her up with work so that a male lawyer could enjoy his vacation. But that interfered with her own vacation. When she brought this as well as other matters to the firm's attention, she had lost her job, she contends.

Kovalenko is representing herself. In the parental leave time bias against men lawsuit "Savignac v Jones Day," the plaintiffs are also doing it pro se. They had been former SCOTUS clerks. So that has helped make the litigation buzzy.

After all, annually Jones Day bulks up in hiring former SCOTUS clerks. This time that bit it in the rear. In addition, the hatchet job on Jones Day – “Servants of the Damned” - by David Enrich has made that law firm a target in liberal media and professional digital networks.

Gender bias lawsuits always get plenty of media attention. “Kovalenko” is bound to get even more than the usual because of K&E's size and influence. It's not a market-maker as is Cravath but what it does or doesn't do is closely watched and analyzed. 

For instance, K&E exited representing firearms clients. That story continues to have legs with ongoing coverage of Paul Clement, who won a firearms legal action before SCOTUS, and then left the firm. K&E, it was reported, gave him the choice of halting firearms representation or leave. Here is a recent Bloomberg Law article.

So now here we are with another gender bias case. Could "Kovalenko v Kirkland & Ellis" gain the prominence which "Tolton v Jones Day" had before it went poof?

Or, will the huge class action "Chen-Oster v Goldman Sachs" suck up all the media oxygen? That gender discrimination litigation is headed for court in June 2023. The media interest has been increased because of the recent publication of the expose “Bully Market” by former managing director Jamie Fiore Higgins. It positions and packages that financial giant as anti-woman. My hunch: Goldman Sachs would be wise to settle, with a gag order.

Meanwhile, the racial bias lawsuit "Christine Crawford v McDonald's US" went poof. The defendant had been represented by Paul Weiss. What made the litigation especially a media magnet had been that the Paul Weiss partner Loretta Lynch, representing the defendant, is a woman of color. Had the litigation made it to trial the media coverage could have made the case a flashpoint in racial relations in the US. And what would be going on in the minds of jurors who experienced a woman of color arguing against 52 former Black franchisees?

Media is the most powerful institution in the world. What is understood to be "media" includes social media and professional digital networks such as Reddit, Fishbowl, Blink, and LinkedIn.

TikTok is transforming media from a source of information and connection to entertainment. Any bit of litigation can become The Big Show. Both plaintiffs and defendants have to understand that dynamic.

In my intuitive career coaching practice I tutor clients in the raw basics of media relations. With social, there are no safe harbors. 

UPDATE:

On this thread from Reddit Big Law are the comments responding to Zoya Kovalenko's gender bias lawsuit against Kirkland & Ellis. 

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