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A federal judge in New York City, U.S. District Judge Paul A. Engelmayer of the Southern District of New York, has reprimanded lawyers from Proskauer Rose for their demands in a job-bias case. The lawyers had sought five concessions from the opposing counsel before granting a deadline extension request due to the birth of a child.
The delay request was made by Shane Seppinni, a lawyer representing the plaintiff, who asked for a three-week extension for an April 28 filing deadline. Seppinni’s wife unexpectedly went into labor and gave birth on April 25. Judge Engelmayer granted the delay, emphasizing that Seppinni could request a further extension if there were ongoing medical complications, as suggested in Seppinni’s email to the court.
However, lawyers representing the defendants in the case, all from Proskauer Rose, presented five demands in response to the delay request. Two of the demands related to the ongoing litigation before Judge Engelmayer, while the other three demands were associated with separate lawsuits currently in arbitration. Seppinni filed these lawsuits on behalf of other clients against defendants represented by Proskauer Rose.
The April 28 deadline was for filing an opposition to the defendant’s partial motion to dismiss. Proskauer Rose’s lawyers wanted the completion of Rule 12(b)(6) briefing in the case before the stay took effect. They also insisted that the plaintiff serve his initial disclosures by April 28.
In an order posted by Above the Law, Judge Engelmayer expressed his congratulations to Seppinni and his family on the birth of their child and wished Seppinni’s wife a speedy recovery. However, the judge criticized defense counsel for exploiting Seppinni’s personal exigency to extract concessions, especially in unrelated litigations. He deemed their behavior unprofessional and stated his expectation for better conduct.
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Seppinni represents Teyo Johnson, who has made allegations of sexual harassment, discrimination, and retaliation against Everyrealm Inc., its former general counsel, and two board members. The third amended complaint describes Everyrealm as an immersive media company involved in the investment and development of virtual worlds.
One specific allegation in the lawsuit claims that Everyrealm’s former general counsel referred to Paris Hilton, an Everyrealm investor and hotel heiress, as “A Night in Paris.” This term is associated with a revenge pornography film involving Hilton that leaked online.
Proskauer Rose filed a motion to dismiss, referring to the third amended complaint as a concoction of falsehoods and twisted assertions. Two Proskauer Rose lawyers, Lloyd B. Chinn, and Hayden F. Bashinski, are identified as representing the defendants in the litigation. Bashinski was granted permission to represent the defendant’s pro hac vice on April 6.
Lloyd B. Chinn, a partner at Proskauer Rose, issued a statement acknowledging the conversation with the ABA Journal and a summary provided by the Journal. Chinn’s statement highlighted that Seppinni failed to inform Judge Engelmayer about the context of the extension request and Everyrealm’s response. According to the statement, Proskauer’s lawyers had previously agreed to a two-month stay of the entire case due to Seppinni’s impending childbirth, with the condition that Seppinni completes his brief in response to the dismissal motion before the stay commenced.
The statement also mentioned that Seppinni himself had connected the scheduling of the various cases, including the related arbitration matters. Proskauer Rose’s clients aimed to have the allegations dismissed promptly and denied any intent of incivility towards Seppinni or his counsel.
Judge Engelmayer expressed concern over the sensationalized nature of the allegations in the case, which had garnered significant media attention for months. However, he made it clear that the intention to dismiss the allegations did not justify any incivility towards Seppinni or his counsel.
The dispute between the parties sheds light on the ethical expectations and professionalism within the legal profession. Judge Engelmayer emphasized the need for lawyers to conduct themselves decently and refrain from taking advantage of personal circumstances for their benefit. He stressed that exploiting a moment of personal exigency to extract concessions was unacceptable.
The case involving Teyo Johnson and Everyrealm Inc. highlights the serious nature of the allegations, including claims of sexual harassment, discrimination, and retaliation. As the litigation proceeds, the judge’s admonishment reminds all legal professionals that personal circumstances should be handled with empathy and respect rather than exploited for tactical advantage.
The reprimand also brings attention to the ongoing debate surrounding work-life balance for attorneys. Seppinni’s request for a deadline extension due to the birth of his child raises important questions about the challenges lawyers face in balancing their personal and professional responsibilities. While the judge granted the extension, he also acknowledged the need to maintain progress in the case, suggesting that further extensions would only be granted in the case of continuing medical complications.
The incident serves as a reminder of lawyers’ ethical obligations towards one another, their clients, and the court. It emphasizes the importance of maintaining professionalism and respect throughout the legal process, even in the face of personal challenges. The judge’s expectation for better conduct from defense counsel highlights the standards to which legal professionals are held in the Southern District of New York.
As the job-bias case progresses, it will be interesting to see how the attorneys’ actions impact the litigation dynamics. The judge’s reproach may lead to a more cautious approach from Proskauer Rose lawyers, ensuring that their demands and actions align with the expectations of the court. It also serves as a cautionary tale for lawyers across the legal profession, emphasizing the need to uphold ethical standards and treat opposing counsel with fairness and respect.
In conclusion, the reprimand by U.S. District Judge Paul A. Engelmayer towards Proskauer Rose lawyers highlights the importance of professionalism and ethical conduct in the legal profession. The incident sheds light on the challenges lawyers face in balancing personal and professional responsibilities and serves as a reminder that personal circumstances should not be exploited for tactical advantage. As the case proceeds, the judge’s admonishment will likely shape the conduct of the attorneys involved and influence the dynamics of the litigation.
