Law firm Anderson Kill wants ex-CFO’s lawyer tossed in employment clash

Dec 4 (Reuters) – U.S. law firm Anderson Kill is seeking to disqualify a lawyer representing its former chief financial officer in an employment lawsuit that accuses the firm of forcing the CFO out after he suffered a fall and concussion last year.
New York-founded Anderson Kill said Friday it plans to call plaintiff Paul Schwartz’s lawyer Tiffany Ma as a “necessary witness” as part of its defense in the Manhattan federal case.
Ma began representing Schwartz in his negotiations over his return to work after he hit his head taking out the garbage in February 2022, the firm said.
Anderson Kill said in its filing that Schwartz stopped talking to the firm in May 2022 and spoke only through Ma until June 2022, when the firm fired Schwartz. Professional rules prohibit Ma from serving as both a witness and as Schwartz’s lawyer, the firm argued.
“To the extent plaintiff might be temporarily inconvenienced by the need to retain new counsel if Ms. Ma were disqualified, he has only himself – or Ms. Ma – to blame,” the firm said.
Ma, a partner at law firm Young & Ma, said she and Schwartz would “let the record speak for itself” and would file their response soon.
A spokesperson for Anderson Kill said the firm had no comment beyond its court filings. The firm is represented in the case by Littler Mendelson.
Schwartz sued Anderson Kill and two of its employees in August, claiming the firm harassed him into coming back to work before he was ready and then fired him in violation of federal and New York discrimination laws.
The lawsuit said Schwartz felt immediate pressure from the firm to return, despite a doctor’s written advice to reduce his work time after being diagnosed with post-concussion syndrome.
When Schwartz proposed reasonable accommodations in May, the firm allegedly demoted him from chief financial officer — with a $302,000 base salary and significant annual bonus — to billing manager, with a $122,900 salary and a far smaller bonus.
Schwartz also claimed he was discriminated against because of his gender. He said women at the firm are given more time off compared to men, who are beholden to the firm’s “outdated stereotype that men must put in ‘face time’ physically at the office.”
Anderson Kill in its court papers said it granted requests from Schwartz to work from home between March 2020 and June 2021, when many lawyers were already working remotely during the COVID-19 pandemic. The firm also said Schwartz was given greater latitude than female colleagues who had sought such permission.
Schwartz is now director of finance at New York law firm Cohen, Weiss and Simon — a role he said pays more than an Anderson Kill billing manager but less than his old role as chief financial officer.
The case is Schwartz v. Anderson Kill PC, U.S. District Court for the Southern District of New York, No. 1:23-cv-07204
Reporting by David Thomas
Our Standards: The Thomson Reuters Trust Principles.
Thomson Reuters
David Thomas reports on the business of law, including law firm strategy, hiring, mergers and litigation. He is based out of Chicago. He can be reached at [email protected] and on Twitter @DaveThomas5150.