Gordon & Rees New York Managing Partner Mercedes Colwin (with assistance from Deborah Swindells Donovan and others in the New York City office) recently completed a high-profile trial involving claims of sexual harassment, gender discrimination and retaliation on behalf of the nation's preeminent periodical for news and information concerning hip-hop music. The lawsuit alleged that the magazine and its two former owners harassed, discriminated against and wrongfully discharged plaintiff, a former editor.

After a protracted and hotly contested trial presided over by Judge Jed Rakoff in the United States District Court in Manhattan, the jury unanimously rejected plaintiff's claims of sexual harassment and gender discrimination. Plaintiff's claims for punitive damages were also stricken across the board by Judge Rakoff. The jury did however conclude that the magazine's former co-owners (who were represented by different counsel) were liable for the retaliatory termination of plaintiff and entered an award against them on this ground. Under the pertinent state and federal laws applicable in this matter, the magazine is "vicariously" responsible for the actions of its former owners and will thus be compelled to continue pursuing its complete vindication by way of post-trial motions and, if necessary, an appeal. (One of the former owners was also found individually liable for defamation, but this determination will not affect any of the other defendants.)

In a post-trial news conference, Ms. Colwin stated that she was pleased with the jury's unequivocal and unanimous rejection of all of plaintiff's sexual harassment and gender discrimination claims, but acknowledged that under the law, her client will nonetheless be held responsible for certain of its former owners' actions in regard to their termination of plaintiff. (Both of the former owners were themselves terminated by the magazine almost one year ago, and have neither been affiliated nor actively involved with any of the company's operations since that time.)

Ms. Colwin went on to note that her client "prides itself in creating a diverse workforce and providing career opportunities for men and women alike. The jury flatly rejected every single allegation directed against the magazine itself and based its retaliation and defamation claims strictly on the actions undertaken by the magazine's former owners who do not in any way reflect the views or attitudes of current management or any other employees." Ms. Colwin concluded by adding that she places great faith in the United States' appellate court system and looks forward to a total exoneration on behalf of her client in the future.