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U.S. law firm Davis Polk & Wardwell is set to embark on a federal jury trial in Manhattan, starting Monday, as former corporate lawyer Kaloma Cardwell alleges racial bias and retaliation led to his termination. Cardwell, who is Black, filed a lawsuit against Davis Polk in 2019, claiming racial discrimination and retaliation. While the discrimination claims were dismissed last February, the trial now focuses on Cardwell’s retaliation allegations.
Allegations and Claims
Cardwell seeks compensation ranging from $16 million to $30 million, including compensatory and punitive damages and attorney fees. The core of his argument centers on his assertion that the law firm terminated his associate position in 2018 due to his complaints about racial bias within the organization.
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Davis Polk’s Defense
Represented by a legal team from Paul, Weiss, Rifkind, Wharton & Garrison, including former U.S. Homeland Security secretary Jeh Johnson, Davis Polk denies the allegations. The firm contends that Cardwell’s dismissal was based on poor performance, not racial bias. Despite numerous attempts, a spokesperson for Davis Polk has not responded to requests for comment.
Timeline of Events
Cardwell alleges that negative reviews from Davis Polk partners began after he filed a complaint with the U.S. Equal Employment Opportunity Commission in August 2017. The law firm counters these claims, asserting that Cardwell’s performance, specifically missed deadlines and mishandling of assigned tasks in the corporate department, led to his termination.
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Judge’s Ruling and Sanctions
U.S. District Judge Gregory Woods ruled in February 2023 that while Davis Polk presented substantial evidence of concerns about Cardwell’s performance, a jury could draw different conclusions. The legal battle has seen sanctions imposed on Cardwell’s lawyer, David Jeffries, for failing to produce documents and missing a key discovery deadline.
Remaining Defendants
Other individuals implicated in the case include former Davis Polk managing partner Thomas Reid, now chief legal officer of Comcast, senior counsel John Bick, and partner Daniel Brass. All have vehemently denied any wrongdoing.
Uncommon Court Appearance for a Law Firm
Legal experts, including David Sanford of Sanford Heisler Sharp, note the rarity of law firms proceeding to trial over discrimination claims. Typically, such cases are settled or dismissed before reaching trial. Sanford’s firm has previously settled employment lawsuits against prominent law firms, making this case particularly notable in its decision to go to trial.
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