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Aug. 7, 2024

Kerry Garvis Wright 


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Glaser Weil Fink Howard Jordan & Shapiro • Los Angeles


Kerry Garvis Wright is the chair of the employment practice group at Glaser Weil Fink Howard Jordan & Shapiro LLP. 


"We're thriving," she said. "This is an ever-dynamic practice where no two days are ever the same."


The #MeToo movement plus the new Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, enacted by Congress in 2022, have put a new spin on some cases, Garvis Wright said.


"So, we see plaintiff attorneys try to wrap up related causes of action with a sexual component to get under the mantle of the act and avoid the arbitration process." 


Or, she added, "We get demand letters in the case of high-profile targets who might be inclined to settle before court filings end the confidentiality of the claims."


That was what happened in what Garvis Wright calls a leverage case by an individual claiming to be an American actor's former manager who threatened to reveal damaging information, based on an alleged oral employment agreement. Garvis Wright and her team resolved the matter on a confidential basis.


In a different matter, Garvis Wright faced an unusual situation when two Jane Doe plaintiffs sued current and former directors of Guess? Inc. for allegedly aiding and abetting sexual harassment by the company's CEO. The board had rehired the CEO, Paul Marciano, following his resignation in 2018 amid an investigation into improper conduct claims. The new allegations followed. Doe v. Directors of Guess? Inc., 22STCV09391 (L.A. Super. Ct., filed March 16, 2022).


Garvis Wright demurred to the complaint, citing precedent that shields board members from suits over their personnel decisions. "We had a long history with this situation, because Patty Glaser and I did the original investigation," Garvis Wright said. "The new claims that the board was to blame were clever but unsuccessful." The matter resolved before the court ruled on the demurrer.


Sometimes Garvis Wright represents plaintiffs. "We mostly handle defenses, but we take on righteous plaintiff cases," she said. One example was that of a woman who sued a consulting firm over wrongful termination, gender discrimination and sexual harassment. Jamison v. Korn Ferry et al., 22STCV20645 (L.A. Super. Ct., filed June 24, 2022).


A favorable result for her client resulted when the defendant failed to pay the arbitration fee on time, resulting in the case's return to the trial court and a large attorney fee award to Garvis Wright. "Then Korn Ferry raised some counterclaims, and the question arose whether those too had to be tried in open court," Garvis Wright said. "We eventually reached a deal to take it all back to arbitration, which has led to a not-bad outcome."


-- John Roemer

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