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Tuesday, October 13, 2015
5:30pm – 6:00pm: Reception
6:00pm – 7:00pm: Presentation
The discrimination and retaliation trial of Ellen Pao v. Kleiner Perkins in early 2015 captivated Silicon Valley and the nation in a uniquely modern way. Throughout the trial, the drama and argument unfolded as much in traditional and social media as it did in the courtroom. Observers read stories, blogs, and tweets in real time about jury selection, opening and closing statements, witness examinations, the verdict, and what happened outside the courtroom. The coverage of the trial, the defense verdict, and Pao’s decision to give up her appeal highlighted the intense ongoing debate about success and diversity in Silicon Valley.
The Rock Center for Corporate Governance and the Stanford Center on the Legal Profession hosted a discussion with Lynne Hermle, Kleiner’s lead trial counsel and Partner at Orrick, about the many unusual aspects of the trial; the difficulties of trying a high-profile case before an audience of reporters as well as jurors; and what employers, managers, and employees can learn from it all.
About Lynne Hermle
Lynne Hermle, a Silicon Valley employment partner, has a long track record of defeating class certification, obtaining summary judgment and winning high-profile jury trials on behalf of industry-leading clients. She has significant experience working on complex discrimination and wage-and-hour class actions for global leaders in the retail and technology sectors including Apple, The Gap, Genentech, Microsoft, Sears, Burlington Coat Factory, Gymboree, Spencer’s Gifts, Banana Republic, Old Navy, Williams-Sonoma and Pottery Barn Kids, among others.
Most recently, Lynne led the trial team that obtained a complete defense verdict for Kleiner Perkins in Pao v. Kleiner Perkins, the high-stakes gender discrimination and retaliation case that garnered intense international media scrutiny. Following 24 days of trial, a San Francisco jury rejected all of former partner Ellen Pao’s claims that she was passed over for promotion and terminated because of her gender and complaints about discrimination. In naming Lynne “Litigator of the Week” for this victory, American Lawyer described her effective voir dire and how she “steadily poked holes in Pao’s testimony.” The Recorder called Lynne’s cross-examination “masterful” and Bloomberg reported that her “charismatic, intimidating oratory made her the trial’s breakout star.”