In an try to boot a lawsuit filed opposite it final month in New York state justice by a recruiter who claims he played a purpose in fixation a Hong Kong litigator during a firm, Davis Polk Wardwell argues that a recruiter did zero to assist a sinecure and does not consequence a $1.4 million commission.
The recruiter, New York-based Alan Metz, claims in his suit that 6 months after Davis Polk’s Hong Kong bureau head, William Barron, rebuffed his call suggesting that he pronounce to “the conduct of a largest and top peculiarity lawsuit use in Hong Kong,” a counsel about whom Metz was calling, Martin Rogers, changed to Davis Polk from Clifford Chance along with 17 other lawyers. Metz concedes that even yet he never named Rogers in possibly his initial phone call or a successive email to Barron, “it was obvious” who he had in mind since of what he refers to as Hong Kong’s “close-knit” authorised community.
In a 21-page suit to boot Metz’s complaint, filed Friday, Davis Polk argues that “offering a advantage is not a same thing as providing that benefit,” and that creation one cold call and promulgation one unsolicited email that perceived no respond do not validate Metz for a mention fee. The organisation does not competition that Metz done hit with Barron, whom both sides contend told Metz in Jun 2012 that a organisation was not meddlesome in employing during a time. Six months later, Davis Polk announced that it hired Rogers, observant in a press recover touting a litigator’s attainment that a organisation had recently worked alongside him in a illustration of Hong Kong financial institutions.
“Metz’s explain that he is entitled to a $1.4 million price when a organisation did not ask or satisfy any movement by him, most reduction accept his offer of recruiting services that he never provided, fails both as a matter of law and common sense,” Davis Polk writes in a motion, that seeks to boot Metz’s claims of quantum consequence and unfair improvement and argues that a box should be filed in Hong Kong rather than New York. (The organisation cites a identical box filed opposite Akin Gump Strauss Hauer Feld in New York state justice in 2008. In that case, a justice found a plaintiff’s claims unsuccessful since Akin did not accept a purported services performed.)
In an confirmation also filed Friday, Rogers pronounced he came into hit with Davis Polk in a open of 2012, when he began operative on a matter with Davis Polk partner Bonnie Chan. Later that year, Chan and Barron “raised a probability of my fasten Davis Polk’s Hong Kong office,” and successive conversations led to his fasten a firm.
Davis Polk’s attorney, Epstein Becker Green partner William Gyves, had no additional criticism Tuesday.
Paul Wexler, a Kornstein Veisz Wexler Pollard partner who represents Metz, says he and his customer remonstrate with a firm’s research and devise to record a come-back with a court.
“We consider we’ve amply settled a claim,” Wexler says. “Strangely enough, Metz informs Davis Polk of a Rogers team, a lights go out, afterwards all of a remarkable he’s there.” Wexler also says he and Metz will quarrel to keep a box in New York. Moving it abroad, he says, would make it “extraordinary difficult, maybe even impossible,” to litigate.
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