Professor Hillman Comments on New York Supreme Court Partnership Ruling for AmLaw Daily
Professor Robert Hillman commented for AmLaw Daily on a recent New York Supreme Court ruling that dismissed the complaint of a former partner in the Holland & Knight firm alleging age discrimination and retaliation, breach of fiduciary duties, breach of contract, and fraudulent inducement. In rejecting the age-discrimination claim, New York Supreme Court Justice Marcy Friedman relied in part on a six-part test established in a U.S. Supreme Court case, Clackamas Gastroenterology Associates v. Wells, that was used to determine whether a shareholder in a professional corporation can be considered an employee under the Americans with Disabilities Act.
Professor Hillman stated that as law firms grow to include large numbers of partners, the distinction between partner and employee can be difficult to make. "This case reminds us that there's an issue here, and it affects a lot of law firms," Hillman said, adding that the facts related to an individual dispute often determine how influential a given partner is within his or her firm.
Professor Hillman holds the Fair Business Practices and Investor Advocacy Chair at UC Davis School of Law and is a scholar in the fields of international transactions, securities regulation, and corporate and partnership law.