I just read that Wynn Resorts hired O'Melveny to investigate allegations of sexual misconduct by Steve Wynn. Guess has also hired O'Melveny to perform "an extensive and impartial investigation" into alleged sexual harassment by Paul Marciano (and Guess legal head Anne Deedwania used to work at O'Melveny). Assisting with the Guess investigation is Glaser Weil, the firm men hire when accused of sexual harassment in the #MeToo era.
Interestingly, the Wynn article digresses to assure readers that Daniel Petrocelli will not be involved (he's the O'Melveny attorney who reportedly used violent imagery to threaten one of Harvey Weinstein's victims); it states the investigation will be led by Apalla Chopra. I don't know anything about Mr. Petrocelli as I never spoke a word with him. But I sat right next to Apalla Chopra and overheard the callous way she talked about victims -- sometimes with comments so shocking and disconcerting that I had to get up and go for a walk to get my mind off of it. I left the law because of the things I saw at that firm.
O'Melveny also wrote an article offering to help clients build a culture that "rejects sexual harassment."
If O'Melveny is being paid to investigate your company, and you are a victim, I hope you find this blog, take caution and consider hiring an attorney before participating in any way. Based on my observations, O'Melveny may not be objective in these investigations; and they may use every maneuver and legal technicality to marginalize the victims, protect the wrongdoers and minimize liability for the organization.
[Addendum: Both Wynn and Guess later replaced O'Melveny.]
O'Melveny, investigation, sexual harassment, sexual abuse, discrimination, Apalla Chopra, Eric Amdursky, Adam Karr, ommO'Melveny also wrote an article offering to help clients build a culture that "rejects sexual harassment."
- This coming from a firm with a history of being on the other side of such cases both as defense attorneys and as defendants, not to mention the things I heard about that never made it to litigation.
- This from a firm that couldn't even handle a child sexual abuse matter without being accused of serious improprieties (a quick settlement prevented the court from addressing those accusations.)
- This from a firm that sued an alleged victim of coerced sex for defamation -- attempting to create a new framework whereby such victims can't even talk unless they have hard evidence. The woman, possibly frightened by O'Melveny's suit, settled the sexual harassment case she had filed, and the defamation case against her, with "no monetary payments" switching hands either way.
- This from a firm that forces employees to sign away their rights with respect to sexual harassment (pp. 1, 2, 3, 4, 5), despite public outcry from large companies, Republicans and Democrats against this tactic and despite repeated admonition from the courts (these are three federal court opinions, involving three separate lawsuits against O'Melveny). [Addendum: O'Melveny has reportedly stopped forcing employees to sign this document, after a campaign by law students.]
- This from a firm with a retaliatory culture that attacks employees who complain.
- [Addendum: In July, the press provided a case study of how O'Melveny whitewashed sexual abuse at Lionsgate.]
If O'Melveny is being paid to investigate your company, and you are a victim, I hope you find this blog, take caution and consider hiring an attorney before participating in any way. Based on my observations, O'Melveny may not be objective in these investigations; and they may use every maneuver and legal technicality to marginalize the victims, protect the wrongdoers and minimize liability for the organization.
[Addendum: Both Wynn and Guess later replaced O'Melveny.]
