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Law360 (March 18, 2020, 3:57 PM EDT ) An upcoming wrongful termination trial in New York pitting a former BigLaw associate against King & Spalding LLP has been shelved amid the coronavirus outbreak.
In a brief order Tuesday, U.S. District Judge Valerie E. Caproni said the start of the trial for plaintiff David Joffe and his former employer would be delayed from April 20 to July 20. Given the lengthy adjournment, Judge Caproni also gave Joffe additional time to take depositions in the case.
Joffe, a onetime commercial litigation associate who joined the firm in 2012, first filed suit against King & Spalding three years ago. He claims King & Spalding dumped him from the partnership track, denied him bonuses, and ultimately fired him after he raised ethical concerns with the firm's general counsel and others about two partners defending Chinese telecommunications giant ZTE Corp. in a contract breach case.
The firm has vigorously defended itself, and said Joffe was fired for performance issues and because reluctance by partners to work with him meant he "did not have a future" there.
The case involves an Employee Retirement Income Security Act claim, which accuses the firm of timing the firing to dodge contributing to Joffe's 401(k) account, as well as a wrongful termination claim focused on the allegations about the partners and the firm's treatment of Joffe.
A jury will weigh the wrongful termination claim. Judge Caproni has not ruled on Joffe's request that the jury also hear the ERISA claim, a bid the firm has opposed.
On March 13, Chief U.S. District Judge Colleen McMahon issued a standing order stating that, in light of the public health crisis posed by COVID-19, all civil and criminal jury trials in the Southern District beginning before April 27 be continued pending further order.
Joffe, who is defending himself in the case, declined to comment. A counsel for King & Spalding did not immediately respond to a message.
King & Spalding is represented by Joseph Baumgarten and Pinchos Goldberg of Proskauer Rose LLP.
Joffe is representing himself.
The case is Joffe v. King & Spalding LLP, case number 1:17-cv-03392, in the U.S. District Court for the Southern District of New York.
--Additional reporting by Emily Brill. Editing by Alanna Weissman.
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