Littler pays up, drops partner from website after keeping docs from court
4/16/21 REUTERS LEGAL 22:07:12
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Copyright (c) 2021 Thomson Reuters
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David Thomas
REUTERS LEGAL
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April 16, 2021
(Reuters) - Littler Mendelson appears to have parted ways with a shareholder who allegedly misrepresented to a federal court that human resources software company ADP LLC wasn't complying with a subpoena when in fact it had.
ADP was nearly sanctioned by an Alabama federal judge last month when subpoenaed documents it submitted in a class action lawsuit never made it to the plaintiffs. That's because the defendants' attorneys at Littler never produced those documents, telling the court that ADP was refusing to comply.
As a result, Littler has been forced to pay more than $63,000 of ADP's legal fees, with another fee payment coming thanks to a Wednesday ruling from U.S. District Judge Jeffrey Beaverstock. And there may have already been other repercussions as well: A Littler shareholder who allegedly misled the court, Gavin Appleby, was no longer listed on the firm's website as of Friday.
In addition to approving the fees, Beaverstock's order this week said ADP's motion for fees had accurately described the "underlying misconduct justifying an award."
ADP, which is not a party in the underlying employment case, said in its March 29 motion that Littler had thrown the company, a firm client in other matters, "under the bus by misrepresenting to the court (both verbally and in writing) that ADP had never responded to the subpoena."
Littler did not oppose ADP's motion for fees. In an April 7 response, it apologized "that the alleged actions of one of its lawyers have led to this situation."
The firm on Friday declined to comment on whether it continues to employ Appleby, the Littler shareholder who allegedly misled the court in a June 2020 filing that said ADP "has not been very helpful."
While his profile has been removed from Littler's website, Appleby's work phone number, work email and LinkedIn don't indicate a change in employment status. Appleby did not respond to multiple requests for comment.
"Littler prides itself on high-quality client service – we expect our attorneys to handle all client matters with care, responsiveness and forethought, while providing exceptional counsel," the firm said in a statement. "While we cannot share details about our representation in any one matter, we can assure you that we take very seriously if and when we fall short of these standards. In this case, as soon as we were made aware of the concerns, our management team took immediate and appropriate action. We are working to do all we can to remedy the situation."
Appleby's name stopped appearing on defense filings after fellow Littler shareholder Charles Powell filed an appearance in the case on March 19, more than a week after ADP said Littler had made "false and negative statements."
ADP was represented by attorneys from Adams and Reese, who did not respond to requests for comment.
In the underlying employment case, Littler represents manufacturer Outokumpu Stainless USA LLC, which is fighting claims that it violated federal labor standards by maintaining a timekeeping system that allegedly underpaid workers while penalizing them if they were one minute late to their shifts. A spokesperson for Outokumpu did not respond to a request for comment.
The case is William Heath Hornady et al, v. Outokumpu Stainless USA LLC, U.S. District Court for the Southern District of Alabama, No. 1:18-cv-00317.
(NOTE: This story has been updated to expand the statement from Littler Mendelson.)