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Sexual Harassment Claims Against Law Firm Settle

Summary: A former associate has settled her sexual harassment claims against a law firm that previously employed her.

A sexual harassment suit filed by former associate Alexandra Marchuk against Faruqi & Faruqi LLP has settled. Marchuk previously won a $140,000 judgment in the suit, after which both sides filed cross-appeals due to their displeasure with the outcome of the trial.

The court signed off on the joint stipulation to resolve the dispute, according to Law360.com.

Harry Lipman, Marchuk’s lawyer, said, “The case has been amicably resolved.”

Details of the settlement have not been released.

The firm originally filed a $15 million counterclaim against Marchuk.

The suit alleged groping, sexual advances, and inappropriate comments. The issues were heard at trial in a Manhattan federal court.

Marchuk filed an appeal on May 20, arguing that numerous rulings were incorrect. Her appeal specifically mentioned a January 28 decision that tossed her retaliation and defamation claims and dismissed all claims against Nadeem and Lubna Furuqi.

Marchuk also challenged a February 9 judgment that awarded her $140,000 in damages, as well as a May 4 judgments that awarded her lawyers almost $223,000 in legal fees and costs.

Shortly after Farchuk appealed, Faruqi and other defendants filed a cross-appeal.

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The firm, its founders and partner Juan Monteverde appealed the judgment and other decisions. The filing mentioned the court’s February 3 jury instruction on hostile work environment liability.

On February 5, a jury found that both the firm and Monteverde responsible for creating a hostile work environment according to New York City law. Similar claims were rejected under federal and state law, however. Marchuk originally sought $2 million in damages. Defense counsel stated that Marchuk rejected a $425,001 offer before trial.

On February 20, Marchuk asked the court for over $1.4 million in attorneys’ fees and costs.

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The trial, which was conducted in January, focused on Monteverde’s interactions with Marchuk while she worked at the firm. Marchuk argued that on her third day at the office, Monteverde kissed her and groped her breast outside of a Manhattan bar. Marchuk argued she did not consent to such behavior. Additionally, Marchuk argued that Monteverde made sexually charged comments in front of co-workers, such as jokes involving BJ’s Wholesale Club, which the firm had previously sued.

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At a holiday party on December 15, Marchuk stated that she and Monteverde went back to his office, where he had sex with her, although she told him to stop. Marchuk resigned via email one week later, and accused Nadeem and Lubna Faruqi of tolerating Monteverde’s behavior.

Harry W. Lipman, Thomas E. Chase and Jonathan S. Hershberg of Rottenberg Lipman Rich P.C. represent Marchuk.

From left to right: Lipman, Chase, Hershberg

Scott A. Bursor, Joseph I. Marchese, Neil J. Deckant and Yitzchak Kopel of Bursor & Fisher P.A. represent the defendants.

Clockwise from top left: Kopel, Bursor, Marchese, Deckant

Source: Law360.com

Photo credit: en.paperblog.com, Rottenberg Lipman Rick (Lipman, Chase, Hershberg), Bursor & Fisher (Bursor, Marchese, Deckant, Kopel)

Noelle Price: