Ex-Hughes Hubbard IP Partner Loses Round in Discrimination Tilt

A retired Hughes Hubbard & Reed partner accusing the law firm of age bias in a dispute over pension payments has lost a preliminary injunction request to access to his work phone and email.

US District Judge Mary Kay Vyskocil said in a Thursday decision that James Dabney failed to demonstrate irreparable harm or show the likelihood of prevailing on the merits.

“This conduct demonstrates Dabney’s desire to have it both ways: he wants to be retired while still practicing; to be affiliated with Hughes Hubbard with no retainer agreement or other obligations to the firm; and to use Firm resources while billing clients directly for his own,” Vyskocil wrote.

The ruling comes nearly two months after an emotional three-hour evidentiary hearing in the Southern District of New York, during which lawyers questioned Dabney as well as Hughes Hubbard Chair Ted Mayer, about Dabney’s role as a retired partner at the firm.

The dispute centers on Dabney’s claim that Hughes Hubbard unfairly discriminated against him and denied his pension benefits after he retired. He asked the court for an injunction to retain access to firm systems, including his email and phone.

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

Hughes Hubbard gave notice to Dabney that it would be terminating his retainer agreement in February. Hughes Hubbard attorneys said the firm contacted Dabney seven times after notifying him of the termination in November to discuss the possibility of staying on and that he did not respond to those requests.

During the hearing, Dabney said he would be harmed by being cut off from the firm’s email, phone, and cloud-based system. He said it would cause severe reputational and professional damage and implicate his relationship with clients.

“It is my intention to retire gracefully,” he said. “To me it is sad and stigmatizing to be involuntarily separated from a law firm.”

In response, Hughes Hubbard attorney Kathleen McKenna of Proskauer Rose argued that the firm was concerned Dabney would represent himself as working for Hughes Hubbard when he no longer did.

The attorneys said Dabney directly billed Illinois-based Citizens Equity First Credit Union while handling their successful trademark appeal without telling the firm. Dabney said that his retainer had exceptions so he directly invoiced.

Proskauer Rose and Vladeck, Raskin & Clark, which represents Dabney, did not immediately respond to requests for comment.

The case is: James Dabney v. Hughes Hubbard & Reed, S.D.N.Y., No. 23-00078, 7/7/23