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Former Linklaters executive committee member Frank Mellish has agreed that he will not disclose information raising concerns over the firm’s culture after his former employer obtained an injunction against him.

Mr Justice Warby said in a judgment in the High Court today (18 February) that the firm’s former director of business development and marketing had signed an agreement with the firm to destroy copies of various ‘confidential documents’ he originally intended to share with the media, settling the dispute.

Linklaters obtained a temporary injunction against Mellish on 5 February, after he announced he was going to share information highlighting what he described as ‘the ongoing struggle Linklaters has with women in the workplace’.

The Magic Circle firm had applied for an injunction on the basis that the disclosures would be a breach of confidence and Mellish’s contract included an obligation of confidentiality over the information obtained during his work. The firm’s former director intended to disclose details around three specific events, called the ‘Munich incident, the NY Settlement and the London Settlement’.

In a second hearing on Monday 11 February, Mellish instructed his lawyers to write on his behalf that he didn’t oppose the injunction, and three days later he signed a draft consent order to destroy the documents and bring the litigation to an end.

‘We can confirm that the court has approved an order reached by agreement which, in effect, makes the previous order final and brings these proceedings to an end,’ said a spokesperson for Linklaters. ‘We did not take the decision to apply for an injunction lightly. We have a strong, supportive workplace culture and everyone working with us should be able to rely on information shared confidentially with the firm remaining confidential.’

Linklaters hired Mellish from Deloitte Australia in March 2017, but he was given six months’ notice in June 2018.

Last month he emailed Linklaters senior partner Charlie Jacobs and managing partner Gideon Moore saying he intended to ‘share my impressions of the current culture at Linklaters’ in interviews during the first two weeks of February. Linklaters then applied to prevent the disclosure of this information, including the identity of a former partner who was the subject of complaints by another staff member.

While Linklaters did not seek to restrain Mellish from sharing in general terms his impressions of the firm’s current culture, it also applied to prevent Mellish from disclosing any detail on its internal discussions over any public response to questions raised from the three named incidents.

Mellish did not appear in court for either of the hearings, while Linklaters instructed Andrew Caldecott QC and Aidan Eardley of One Brick Court.

marco.cillario@legalbusiness.co.uk

Linklaters has been granted an interim injunction against a former director of business development and marketing seeking to raise his concerns over the firm’s ‘current culture’ in ‘interviews for publication’.

In a High Court ruling yesterday (5 February), Mr Justice Warby restrained the firm’s former executive committee member Frank Mellish from sharing information highlighting what the former employee described as ‘the ongoing struggle Linklaters has with women in the workplace’ until a further hearing on Monday (11 February).

The Magic Circle firm sought an injunction on the basis that the disclosures would be a breach of confidence and Mellish’s contract included an obligation of confidentiality over the information obtained during his work. According to the judgment, Mellish intended to disclose details around three specific events, called the ‘Munich incident, the NY Settlement and the London Settlement’.

Linklaters hired Mellish from Deloitte Australia in March 2017, but he was given six months’ notice in June 2018. The contract termination included a ‘substantial additional sum…ex gratia’, according to Warby J’s ruling.

After receiving his final payment last month, he emailed Linklaters senior partner Charlie Jacobs and managing partner Gideon Moore to express his concern that given his age, the termination of his employment was effectively the end of his career, despite acknowledging that the terms on which his employment had been ended were lawful.

The email then said he intended to ‘share my impressions of the current culture at Linklaters’ and the firm’s struggle with women in the workplace in interviews during the first two weeks of February. Linklaters then applied to prevent the disclosure of this information, including the identity of a former partner who was the subject of complaints by another staff member. The decision also refers to an unspecified number of other people against whom complaints were made, and prevents the disclosure of the identity of the female complainant in the Munich incident and a complainant in the NY settlement.

While Linklaters did not seek to restrain Mellish from sharing in general terms his impressions of the firm’s current culture, it also applied to prevent Mellish from disclosing any detail on its internal discussions over any public response to questions raised from the three named incidents.

Mellish was not represented nor did he appear in court, while Linklaters instructed Andrew Caldecott QC and Aidan Eardley of One Brick Court. A spokesperson for Linklaters said: ‘We can confirm that the firm sought and has been granted an interim injunction in the terms set out in the judgment handed down by the court. We cannot comment further.’

Linklaters has already been subject to the increased scrutiny over sexual misconduct that emerged in the wake of the #MeToo movement. A year ago a Munich court sentenced a former partner to three years and three months in prison for sexually assaulting a student at an Oktoberfest party in September 2014.

Firms to see partners leave following complaints of inappropriate behaviour include Baker McKenzie, Reed Smith, Quinn Emanuel Urquhart & Sullivan, Latham & Watkins, Herbert Smith Freehills and Dentons.

Marco.cillario@legalbusiness.co.uk