"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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