Duane Morris Non-Equity Partner Lawsuit Escalates With Forum Shopping And Witnesses – Above the Law

Part of choosing your battles is knowing where to have them. Duane Morris is defending itself from a suit alleging that their two-tier partner system is actually a cover for a discrimination and tax avoidance scheme. As part of its defense, the firm wants to change the venue from Oakland, California to make it easier to call witnesses. Bloomberg Law has coverage:

Duane Morris wants the suit moved from Oakland, California, to San Diego, where Garland works. The firm said in its own court filing that it plans to call unnamed partners also based in San Diego, who will testify that Garland performed poorly on the job and took a prolonged medical leave.

Garland has responded by accusing the firm of a “smear campaign.”

Yeah, it is gonna get messy. The unnamed partners are expected to testify to a litany of things that would give a Duane Morris a reasonable basis for not paying Garland as much as she thinks she’s worth: missed deadlines, over-billing, actions that led to sanctions, the list goes on. That said, shooting the messenger doesn’t mean you get to ignore the message. Even if Duane Morris beats the “They’re underpaying me!” charge, the Court could ultimately decide that the firm’s partnership structure violates state laws.

Duane Morris, Partner Clash Escalates in Non-Equity Status Suit [Bloomberg Law]

Earlier: Are Nonequity Partnerships Part Of A Biglaw Tax & Discrimination Scheme?

Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s.  He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.