Okay, Imma be up front about this one. Yes, the allegations involved in this story include some serious stuff. And homophobic “jokes” are categorically unfunny and, more importantly, unacceptable. But. Butt. The image of a Biglaw partner standing up and shaking their tuchus in the middle of a mediation just strikes me as hilarious.
So, let’s get into the meat of this story. Dennis Duffy, a partner in the Houston office of BakerHostetler, represents Chevron in an employment discrimination case. The plaintiff, Alclair White, is represented by Alfonso Kennard Jr. of Kennard Law PC. Kennard filed a motion for sanctions and disqualification for Duffy’s allegedly “intolerable conduct” during a mediation.
As reported by Law360, during the August mediation session Duffy’s alleged behavior included “shaking his behind” in front of Kennard. Additionally, the filing alleges that Duffy mocked Kennard’s ponytail and intimated that because of the hairstyle Kennard would want to have sex with Duffy.
Because of this alleged display of unprofessional behavior, Kennard is asking the judge to remove Duffy from the case:
“As a result of Mr. Duffy’s abusive language, plaintiff’s counsel questions his professionalism and does not want any more instances in the future,” according to the motion.
Kennard “is not convinced that Mr. Duffy can restrain himself in future communications based on his vulgar language. Mr. Duffy’s actions go beyond the pale of anything that should be tolerated anywhere — let alone in a legal proceeding.”
For their part, BakerHostetler is denying the allegations made in the filing:
“While we are unable to comment on anything discussed in a confidential mediation, we strenuously deny the assertions made in Mr. Kennard’s filing,” BakerHostetler said in a statement.
Regardless of the accuracy of the allegations in the filing, my appreciation for irony demands I point out that Duffy’s page on the BakerHostetler website includes, in a prominent position, natch, this quote from Chambers USA, “Clients describe Dennis Duffy as ‘highly professional.’”
**Chef’s kiss.**
Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).