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    5/3/17

    Copyright:

    © All Rights Reserved
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    4K views8 pages

    Wigdor Letter

    Uploaded by

    THROnline
    5/3/17

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    WIGDOR LLP Z Douglas. Wiador ‘naan May 3,2017 VIAEMal Ms, Sharon White Chie Executive, Ofcom Riverside House 2a Southwark Bridge Road London SEI 9HA Re: Chums Against Twenty-First Century Fos. ne. fa Dear Ms. White {am a founding partner of Wigdor LLP, a New York City based employment litigation frm. Over the course of the ast twelve moaths, ou Fira has had the privilege of representing 19 current and former employees of Twenty-Fist Century Fox, Ine. ("21s Century Fas,”) and Fox News Network LLC (“Fox News”) (logether with Ist Century Fox, *Fox” or “the Company’) in connection with their claims of gender and/or race discrimination, harassment, and rialitin, "understand that Ofeom is currently reviewing and investigating 21st Cemury Fox's potential takeover of Sky PLC and determining whether such transoction would meet tie “Public Interest “Tet” which includes corporate governance under the rubric of Broadeasting Standards. While ama New York lawyer, am also qualified to practice in Her Majesty's Cours of England & Wales and received my Masters Degree from Oxford University in 1995 (St Cross College). Given my, ‘background and representation of cients against 21st Century Fox, believe lam uniquely {qualified to offer facts that maybe relevant for your consieraton in connection with Section 3(3) ofthe Broadcasting Act. Once you have had an opportunity to consider this correspondence, ‘would welcome the opportunity to meet with yu in perso to discuss more filly these issues and answer any queries you may have 1, MvBackeround and the Backeround of Wisdor LLP 11990, 1 received my undergraduate degree from Washington University in St, Louis, Missouri, afer which I received a Master's Degree from Oxford University and my Jur Doctor Degree from Catholic Univesity Schoo! of Law, in Washington, D.C. Yam admitted to prictce law in various slate and federal cours throughout the United Sats, including the United States Supreme Court, and ama frequent author and lecturer on employment law and elated subjects, including multiple leatues at Oxford and Cambridge Universities, WIGDOR LLP Ms Shc Wie ATRORNEYS AND COUNSELORS aT La Page? [My legal career has included a federal clerkship with United States District Court Judge Arthur D. Spat tint asa prosacutor in the Suffolk County, New York District Attorney's Office, and a @ Senior lawyer and hea ofthe international employment practice at Morgan, Lewis & Bockius, a preeminent global la firm with nearly 2,000 lawyers. was at Morgan Lewis that I met the late Kenneth P Thompson, my former law partner and former Kings County, New York District ‘Attorey. Ken and I funded Wigder LLP f/a Thompson Wigdor LLP in February 2003. Since that time, Wigdor LLP's practice has ben focused primarily on representing employees in Aiscriminaton,retaliion, whistleblower and wage & hour litigation. We routinely try cases to verdict, and have echisved some of the largest multi-milion dollar verdicts in New York on behalf ‘four liens. We have also had the goed fortune to represent Nafissatou Diallo aginst the then- presumptive future President of France, Dominique Strauss Kahn and several women who were sexualy assaulted by thei Uber drivers. Our eases have routinely appeared inthe Times, the Guardian, and the Telegraph, and I have appeared several mes on British television and radio in connection with a sumber of our eases U. Our Representation of Current and Former Employees of 21st Century Fox and Narious Subsidiaries AL Juliet Hoday ‘As as been widely reported, our Firm represented Juliet Huddy, «former Fox News Contributor and FoxS Anchor, See hsv the uurdian bill oreili- sexual harassment lit udds-focness; tps /s¥ws.nimes com2017/01/ 1 Obusiness nei ill: orilly-sexual-banssment-fox-news-ulitchudd hi np ww.nytimes.com2017/01/1Otusiness/nedifbill-oeillysexusl-harassmentfox-news- \litchuddy.himl. The media reports regarding Ms. Hudéy's allegations were published in January 2017. 1d, We are not at liberty ¢o comment futher om the Huddy mater, “Three months after media reports were published concerming Ms. Huddy it was reported that Mr, ‘O'Reilly andor 2st Century Fox had paid approximately $13 millon in settlement to women alleging that they were harassed and sexually harassed by Mr O'Reilly from the erly 20003, though the present. Sag hitp/ivw ins times.com2017404,0 /business/mediavell-orlly-sexua uuassinentfoxenewshiml- Despite being aware ofthis information, the 21st Century Fox's Corporate Governance eam made a conscious deision to renew Mr. O'Reilly's contact tthe same time it was beng disclosed tothe public through the media. See pth convhomenewsediav326953-fox-news-tenews-orilS-ontnct-epor. twas not uni the O'Reilly scandal Began to cost 21st Century Fox advertisers — well over a decade afer the firs allegations agains: Mr. O'Reilly were lodged thatthe Company finaly decided it was time to part ways with him. Seg htns:/wsswmvimes com/2017.04/19/businessmediabil-oril-fox newsalleations.hual. Even then, according to sources, they pai Mr O'Reilly approximately 825 nillon to lave. See np: /mones cnn com/2017.04/20;media/il-relly-milione pas WIGDOR LLP Me Sh ie Page3 ‘The manner in which 21st Century Fox handled years of allegations agaist Mr, O'Reilly is very similar tothe way ithandled he dozens of individuals who have alleged sexual harassment atthe hands ofthe former Chief Executive Officer of Fox News, Roger Ailes, The algations against Mr. Ailes began fo surface fllowing a lawsuit filed by former Fox News ost Gretchen Carlson. ‘As summarized by Letitia James, New York City’s Public Advocate, in her letter to United States Regulators: 11 is telling tat within two weeks of Ms. Carson's lawsuit being filed, the law Fim retained to conduct an investigation was able 10 speak with atleast six other women who described similar behavior from Mr. Ailes. Had Fox News eared to conduct even a cursory ‘investigation before bad publicity made it essential that Wt do so, it Would have uncovered these claims and others from women and people of color who suffered workplace harassment. The fact hat ow network's most red his investigation supeests that Fox. ‘Neves lacks prover infernal-conirols to ensure compliance with federal and stte labor las, Ex. A (emphasis added). As described below, we believe tat 21st Century Fox's Corporate ‘Governance team engaged in he same coverup of unlawful dserimination committed by former Fox News Comptroller Judy Slater as it did with regard tothe unlawful acts allegedly commited bby Messrs. O'Reilly and Ailes, 1B. 21st Century Fox Permits and Covers Up Race Discrimination at Fox News ‘We currently represent 13 curent and former employees of 21st Century Fox who have experienced egregious race discrimination throughout their employment with Fox News: Adasa Blanco, Tichaona Browa, Tabrese Wright, Monica Douglas, Kelly Wright, Musfig Rahman, Wasa Rafick, Mark Legrier, Maro Lindsay, Vielka Rjes, Griselda Benson, Maureta Thomas and ‘Senami Tolode. Their claims, which include, ier alia, being subjected to myriad racist, comments, disparate pay and 2 “glass ceiling” when it comes to career advancement, are described in great det inthe Complaint attached as Exhibits B and C The frst of our clients to flea lawsuit against 21st Century Fox were Ms. Brown and Ms, Wright, who filed Fitigaion against 21st Century Fox, Fox News and former Senior Vie President and Controle, Judith Slater on March 29,2017. See Ex. . The Complaint filed by Ms. Brown and Ms, Wright described a litany ofineredibly racist comments made by Ms. Slater. Immediately prior to commencing this action, Wigdor LLP placed Fox on notice of the potential lawsuit, as well as Ms. Slater's racist conduct. Fox's publi elatons machine went ito fll gea. In an effort to ‘tout ahead ofthe lawsuit and pretend to cae about the discriminatory conduct commited ‘against is Black employees, we believe that 21st Century Fox leaked some of the allegations WIGDOR LLP Ms Shr Whe cOUNEELORE AT UA Pa contained inthe Complaint the press. In transparent attempt 1 avoid negative publicity and salvage its reputation, Fox terminated Ms. Slater and issued the following statement: “We take any complain of this nature vey seriously and took the appropiate action in investigating and Firing Ms, Slater within two weeks o this Being brought 1 our atention” See hte Nariets.com201 tyne -nes-comoptoler.juds-later-190701601, ‘This claim was completely filse and designed to coverup the truth. Ms, Slater was not terminated because she engaged in dsciminatory conduct ~as with Mr. O'Reilly and Mr. Ailes, Fox was willing to lt her getaway with that for years. Rather, Ms. Slater was terminated because Fox [knew thatthe fats of Ms. iown's and Ms. Wrights Complaint would become public and wanted to salvage its eputation. Shorly after the inital omplaint was filed, Ms. Brown and Ms. Wright amended their complaint ocd the claims of employee Monica Douglas, who als alleged that she ‘vas subjected toa racially hostile work environment at Fox. See Ex. E. Importantly, Ms. Dovelas ‘evealed that Fox was on noice of Ms. Slater's racial bigotry from as far back as 2013. Indeed, in ‘November 2014, Ms, Dougs complained to Fox News General Counsel, Dianne Brandi about the racial disrinination commited by Ms. Slate. Nothing was done to remedy the problem. ‘Then, in mid-2015, Ms. Brardi contacted Ms. Douglas regarding complaint about Ms. Slater tht she had received ffom the forer Director of Payrll, Natasha Beekhary. In response to Ms Brandi’ inquiry, Ms, Dougles again complained about Ms. Slater's disrimi nothing was done. Instead, Ms. Brandi declared that (despite the overwhelming evidence othe contrary, and without conducting any investigation) that she didnot believe MS. Slater was a racs. "Ms, Brandi also sad: “Slat will not be fired because she know too much,” refering to Ms Slater's knowledge regarding impropretes commited by Mr. Ailes, former Fox News Chie Financial Officer Mark Kranz and Mr. O'Reilly. After Ms, Douglas bravely came forward, Fox was fored to walk back its crignal claim ofan “appropriate response” to fring MSs. Slater within “2 weeks” of notice of discrimination, stating that “We tke complains ofthis nature very seriously and took prompt and effective remedial ation in terminating Judy Slater before Ms. Brown, Ms. Weight and Ms. Douglas sued in court and even before Ms. Wright end’ Ms. Douglas complained through their lawyer. “There is no plee for conduct Ike this at Fox News, which is why Ms. Slater was fed” ‘See hup:/wwnw.ndailyseus.com/newsnationafox-new-cmplovees-sccusing-ntwork Aisriminavion-speak-aricle-1.3020082 (emphasis added). The addition ofthe words “through their lawyer” is tacit admission by Fox that it did nothing when their emplayees complained dicey. However, despite the false statements tothe contrary, Fox's response to race discrimination was anything but “prompt.” Indes, Ms. Blanco, a Black former Senice Disbursement Coordioator in WIGDOR LLP Ms Starcnwte ENEVS AND COUNSELORS AT LaW Page 5 Fox News's Accounts Payable Department, put Ms. Brandi on notice of Ms. Sater’s discriminatory conduct as early as September 2008 ~ eight and a haf years before Ms Slater was terminated Ms. Blanco also complained about racially discriminatory conduct committed by Ms, Slater and Susan Lovallo, a Travel Supervisor at Fox News, to Fox Nevs's Head of Hunan Resources, Denise Collins, in October of 2012 ~ nearly four and a haf years before Ms. Slater was terminated, ‘Agua, in keeping with its practices, Fox's Corporate Governance did nothingto stop Ms. Slater tnt was Forced to as a rest of Ms, Brown's and Ms, Weights lawsuit. Indeed, when another ‘employee complained to Ms, Collins abou discrimination inthe workplace, se ineredulously ‘aiked, "What do you want me to do about if?” Again, Ms. Collins was the Head of Human Resources and is sill employed by Fos, ore recetly, on April 25,2017, a motion was filed to amend the Complaint brought by Ms Erown, Ms. Wright and Ms. Douglas to add nine new Plaintiffs and additiona allegation against Ms, Slter (and others) and to convert the ease into a Class Action Complaint. See Ex. C. Incredibly, despite the fact that Fox had previously and publicly conceded tha Ms. Slater's conduct. vas “abhorant” and that “there is no place fr conduct ike this at Fox News, which is why Ms. ‘Sater was fired" Fox now incredulously denies all ofthe allegations of race discrimination, which Sed further light on te character of their Corporate Governance team. Compare aie.con/20 vine sfox-eys-sommol a late-120201602/and ups neds new ing network-discrimination- Soak. 3020032 wih hips aw nytes com/20L70425 siesemnedallvenets: ‘ialdiseriminaton-l ai Moreover, despite recently fring Bill She - who was named Co-President of Fox News following Me. Ailes’ ouster even though he was also reportedly involved in covering up sexual thaassment at Fox - Fox continues to employ Ms. Brandi, who has been implicated in many ofthe ‘recent Fox scandals. See hupswwsslatecombloas’x factor201700S10/fox news co_president hill shine who alleged i sexual harassment ml ilps. avimes comn3016/08Siusinesvscerecy of scilements-at-fos-news-hid-bad-behavior im. Perhaps the Company's conduct and willingness to turn a blind eye to dierimination should come sno surprise given both the pattem and practice described herein a well sth fae tha, ofthe 37, spots that comprise the 21st Century Fox executive team and Board of Directors, there appexs (0 be only one Black person. This ack of diversity manifests itself throughout the Company. By way example only, Fox News employs enly one male Black anchor and ony tree Black anchors overall m. Silence Victims Of Disrimi In addition to al tat is described above, Fox regulary attempts to otimidat and silence victims ‘of diserimination and force them to litigate their claims in confidential arbitrations inorder to WIGDOR LLP Me Shao Whi ems a Ua Page 6 [event the public fom learning about its unlawful conduct. Te later preci s well focumented. See, ho: wis reuters com anielo us anes lavsll-WUSKCNUZ( thus (vnc nme. on 201 6/08 0sinessmediavoxenowsandieaiantarossLa sui hm, Hours before we amended the Brown Complaint to add nine new Plaintiffs and Class Action allegations, we received a letter from Fox's Counsel, Epstein, Becker & Green, RC. (“EEG”), threatening our clients and our Fem should certain clients go public with their claims. Specifically EBG, on behalf of For, threatened to “seek sanctions and ether remedies inthe appropriate frum, “This conduct comes as no surprise, a it is keeping with both Fox and EBG's history of dealing ‘ith employees who assert claims against the Company. EBG has a proud history of engaging in ‘ealiatry litigation against employees who exercise thei ights under the anti-discrminations laws. Ronald M. Green a named Partner at EBG whois working on the Brown mater, tuabashedly holds himself out as “one ofthe pioneers of the use of preemptive litigation in suing current and former employees, and other, who thresten to bring legal proceedings...” agains the Fi’s clients. See hip/ivi.ebolav.comironaldm-crcon’. Me. Green has auhored articles regarding his sell-renowned retaliatory acti, including articles eniled “PREEMPTIVE” Ennployment Litigation: When An Employer's Best Defense May Be A Good Offense” and Employer's ‘Sue-First”Strateay in high-stakes litigations, ‘preemptive strike" has produced resus” Inox News Network, LLC, etal v. Machise/l Index No, 014087/2004 (N.Y, Sup. Ct 2004), Mr, Green and EBG represented Fox News and Mr. O'Reilly in retaliatory, preemptive litigation susinst Andrea Macks, a well s against her attorneys, Benedict P. Morelli & Associates, ater ‘Ms, Mackris indicated an intention © commences sexual harassment lawsuit, Mr, Green and EBG “jasifieg the retaliatory litigation by alleging that Ms. Mackris's claims were an “extortion Scheme.” Fox News and Mr O'Reilly setled the laims fr around $9,000,000. Sex fnew nines com/301 TNO fousinseimadigblloreily-sesual harassment fas eh!) r=, ‘Mr. Green and EG also represented Madison Square Garden (*MSG") inthe highly publicized ‘employment discrimination action brought by Anucha Browne Sanders, tha: resulted inan sppoximately $12 rilion jury verdit im he favor. tn that mater, Me, Geen and EBG attempted to assert a retaliatory counterclaim against Ms. Sanders for a purported breach of her fiduciary duty to MSG. The court denied he request o asset the counterclaim, concluding that the counterclaim would be “fuile}.” See Sanders. Madison Square Garden, et al, No, 0 Civ, $89 (GEL), 2007 WL 1933933 DNL. July 2, 2007) In Bivona & Cohen, RC. etal, Richards, et al, Index No, 105583/2008 (N.Y. Sup. Ct. 2008), Mr. Green and EBG represented Bivona & Cohen, PC. and Joseph V Figliolo i retalistory, preemptive litigation against their former employee, Wendy Richards, who had accused her WIGDOR LLP ae tons at Page? employer and supervisor of sexual harassment. Afler Ms. Richards filed her discrimination clams in federal court, Me. Green withdrew as counsel “Most recently in Marchuk v, Faruai & Farug, eal, No. 13 Civ, 1669 (S.D.N.Y. 2013), Mr. Green and another Parte at EBG working onthe Brown mater, Bary Asen, filed a $15 million retaliatory counterclaim against the plant, Alexandra Marchuk, on behalf ofthe defendants. Ms, “Marchulk had alleged thatthe defendants commited andlor permited egregious senul harassment. Uhimately, EBG was forced to voluntarily withdraw the retaliatory counterclaim because it was clear that thers was absolutely no bess for. Shorly thereafter, COG withdrew ascounsel Finally, in the mate of Abrams v. Pcie, ea, Index No,’ 11032909 (N.Y. Sup. Ct. 2009), Mr Green and Mr. Asen brought retaliatory Itigation on behalf of EBG's client against the painils (and ou clients) ~ Daniele Pecile and Cristina Culicea ~bu also against me personally and my Firm, The counerclaims were dismissed at the plesdng stage because they were tasless, The

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