Amidst the towering structures of legal prowess, the Davis Polk & Wardwell law firm finds itself in the crosshairs of a federal jury trial set to commence in Manhattan this Monday. The focal point of this legal clash revolves around allegations of racial bias and subsequent retaliation as asserted by Kaloma Cardwell, a former corporate lawyer at the prestigious firm.
In the intricate dance of legal proceedings, Cardwell, a Black individual, initiated legal action against Davis Polk in 2019, alleging racial discrimination and seeking redress for perceived retaliatory actions leading to his dismissal. Despite the dismissal of his discrimination claims in February of the previous year, Cardwell is fervently pursuing compensatory and punitive damages ranging between $16 million and $30 million, coupled with attorney fees.
The silence of Davis Polk’s spokesperson in response to requests for comments echoes through the corridors of legal tension. The defense, spearheaded by a formidable team from Paul, Weiss, Rifkind, Wharton & Garrison, led by former U.S. Homeland Security Secretary Jeh Johnson, contends that Cardwell’s termination was grounded in issues of performance rather than the allegations of bias.
Represented by the lone legal practitioner David Jeffries, Cardwell remains steadfast in his pursuit of justice, accusing Davis Polk of orchestrating his dismissal in 2018 in direct response to his outspoken stand against racial bias within the firm. The narrative takes a twist as Cardwell alleges a cascade of negative reviews from Davis Polk partners following his formal complaint to the U.S. Equal Employment Opportunity Commission in August 2017.
The legal saga unfolds with claims from Davis Polk about Cardwell’s purported lapses in meeting deadlines and mishandling assigned tasks within the corporate department. A pivotal moment in the narrative arises from a high-stakes deal in 2017, where Cardwell’s absence for over 10 hours necessitated Davis Polk to scramble for replacement staffing.
U.S. District Judge Gregory Woods, in a ruling that resonates through the annals of legal discourse, acknowledged Davis Polk’s concerns about Cardwell’s performance but opened the door to a jury’s potential differing interpretation. A rare spectacle in the legal realm, the case sees Judge Woods sanctioning Cardwell’s lawyer on multiple occasions, imposing fines for document non-disclosure and missed discovery deadlines.
The legal ensemble includes other key figures, such as former managing partner Thomas Reid, now Chief Legal Officer of Comcast, along with senior counsel John Bick and partner Daniel Brass. Firmly denying any wrongdoing, they stand shoulder to shoulder against the allegations.
In the echoing corridors of legal history, David Sanford of plaintiffs employment firm Sanford Heisler Sharp deems this courtroom confrontation as “extremely rare.” Most cases of discrimination against law firms typically find resolution through settlements or pre-trial dismissals.
As the gavel falls, this trial not only delves into the intricacies of racial bias and retaliation but also places the spotlight on a law firm traversing the less-trodden path of facing such claims head-on in a federal courtroom.