Hughes Hubbard Spars With Retired IP Partner Over Pension Cash

A recently retired Hughes Hubbard & Reed partner is accusing the law firm of age discrimination in a dispute over his pension payments.

James Dabney says the firm refused to pay him money owed under the pension plan and cut him off from accessing his firm email and phone. Hughes Hubbard says Dabney isn’t eligible to collect his pension since he chose to continue working with the firm after withdrawing from the partnership.

Details of the dispute were made public in recently unsealed court documents.

Dabney, a 68-year-old New York lawyer, was once the head of Hughes Hubbard’s intellectual property and technology group. He retired from the firm’s partnership at the beginning of last year but agreed to work as of counsel with the firm under new compensation terms, including $50,000 a month and a portion of some of his billable work, court documents show.

Hughes Hubbard rebuffed Dabney’s attempt to start drawing on his pension, saying payments could not be made while he “provided services for the firm,” according to court documents.

Amid negotiations with the firm over a 2023 contract, Dabney in January filed an age discrimination claim with the US Equal Employment Opportunity Commission, court records show. He alleged he’d not been sent a written notice suspending his benefits, as the firm had claimed.

Hughes Hubbard says it made multiple attempts to resolve the dispute amicably, including offering Dabney continued of counsel status through the end of the year or to transition him to a solo practice in order to begin his pension payments. Dabney then initiated an arbitration proceeding and sought court relief to maintain access to his email, phone, and other firm services, according to the firm.

The firm says Dabney has continued to work for clients, including filing an appeallate brief under his title at the firm, but has not kept a record of his time. It says it can’t account for any other work he’s done.

Reuters first reported the dispute. Dabney did not immediately respond to emails seeking comment.

Hughes Hubbard said in a statement that it has adhered to benefits rules dictated by its partnership agreement and pension plan, adding that any claims are subject to arbitration.

“We remain committed to resolving the issues with Jim but have been unable to reach a resolution of this matter and expect that an arbitration proceeding may be necessary,” the firm said in a statement.

The case is Dabney v. Hughes Hubbard & Reed LLP, S.D.N.Y., 23 00078, 4/20/23.