Davis Polk & Wardwell are attempting to dismiss a lawsuit that was filed against them last month in NY state court. Recruiter Alan Metz claims that he provided a service and deserves his compensation. According to American Lawyer, “Metz concedes that even though he never named Rogers in either his phone call or a subsequent email to [Davis Polk’s office head, William Barron] that it was obvious who he had in mind.”
Davis Polk summarizes the situation. Metz claims he is entitled to the recruitment fee of $1.4 million even though the firm didn’t hire him, ask him to consult, request work from him, or “induce any action by him.” Davis Polk never accepted the offer of his recruitment services. The firm strongly feels that Metz never provided them any services.
Davis Polk filed a 21 page motion to dismiss Alan Metz’s complaint. They argued that “offering a benefit is not the same thing as providing that benefit.” The firm agrees that Metz contacted William Barron, Davis Polk’s Hong Kong office head, but that’s all they agree to. At the time, Metz was told that the firm wasn’t hiring, and had no interest.
Metz’s problem with this whole thing is that while he was told that the firm wasn’t hiring, the firm then went ahead and hired the guy he had in mind. He feels that since his intention was to recruit potential candidate Martin Rogers into Davis Polk, and that since he inquired, emailed, called, and generally pushed for the candidate, that Davis Polk is being insincere and dishonest in denying him the recruitment fees he feels he earned.
Davis Polk’s new hire Martin Rogers commented that the idea of joining Davis Polk was raised by a partner and colleague he was working with. Attorneys representing Metz disagree with Davis Polk’s understanding of the situation. They commented, ”we think we’ve sufficiently stated a claim. Strangely enough, Metz informs Davis Polk of the Rogers team, the lights go out, and then all of a sudden he’s there.” Metz and his attorneys will attempt to keep the case in New York, for ease of litigation.