Henig v. Quinn Emanuel Urquhart & Sullivan, LLP

151 F. Supp. 3d 460, 25 Wage & Hour Cas.2d (BNA) 1578, 2015 U.S. Dist. LEXIS 172823, 2015 WL 9581780
CourtDistrict Court, S.D. New York
DecidedDecember 30, 2015
DocketNo. 13-CV-1432 (RA)
StatusPublished
Cited by1 cases

This text of 151 F. Supp. 3d 460 (Henig v. Quinn Emanuel Urquhart & Sullivan, LLP) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henig v. Quinn Emanuel Urquhart & Sullivan, LLP, 151 F. Supp. 3d 460, 25 Wage & Hour Cas.2d (BNA) 1578, 2015 U.S. Dist. LEXIS 172823, 2015 WL 9581780 (S.D.N.Y. 2015).

Opinion

OPINION & ORDER

RONNIE ABRAMS, United States District Judge:

The history of law, Oliver Wendell Holmes observed, “is the history of the moral development of the race.” But many practicing lawyers — especially junior attorneys at large law firms — know that their jobs too often have less to -do with the development of the human race or the law than with tasks that are necessarily repetitive in nature; modest in intellectual scope, and banal in' character. Particularly in a litigation in which a good deal of money is at stake, attorneys generally must review thousands if not millions of documents and analyze them for relevance and privilege using their legal judgment. Many of those documents must then be reviewed and analyzed again (and often again) by others higher on the case team’s chain of command. Not all of it is law at its grandest but all of it is the practice of law. Mr. Heriig was engaged in that practice.

For approximately two months in 2012, Plaintiff, a licensed attorney, reviewed documents as a “temporary contract attorney” for Defendant Quinn'Emanuel Urquhart & Sullivan, LLP. His job was rote. It entailed sitting in front of a computer and applying a series of “tags” to each document that indicated primarily whether the document was “responsive” to document [462]*462requests in an underlying litigation.involving one of Quinn Emanuel’s clients» and if so, whether it was “privileged” and therefore-protected- from production. Plaintiff had no job duties other than reviewing documents, and he reviewed almost 13,000 documents over the brief course of his employment. As agreed, he was compensated at an hourly rate for his work.

Plaintiff has since brought this putative class and collective action alleging that he should have received overtime pursuant to the Fair, Labor Standards Act (the “FLSA”), 29 U.S.C. § 201, et seq., and New York Labor Law (“NYLL”). Those statutes, however, exclude from their requirements overtime pay to-licensed attorneys -engaged in the practice of law. See, e.g., 29 C.F.R. § 541.304(a)(1). Relying on that exclusion, Defendants moved for summary judgment. In opposing the motions, Plaintiff argues that the exemption does not apply, because he- was not required to exercise legal judgment in connection with the - document review and thus, was not engaged in the practice of law-. The - Court disagrees. Accordingly; Defendants’ motions are granted and the case is dismissed.

BACKGROUND1

I. Relevant Facts

A. The Parties

Plaintiff is an attorney licensed to practice law in New York. QE’s 56.1 ¶ 4. Quinn Emanuel is a law firm that specializes in business litigation. 2d Am. Compl. (“SAC”) ¶ 3; Quinn Emanuel’s Ans. ¶ 3, Providus is a limited liability company that provides law firms with attorneys and paralegals on contract and direct-hire bases. SAC ¶ 6; Providus’ Ans. ¶ 6. After signing an employment agreement with Providus, Plaintiff worked on a document review project (the “Document Review Project”) for Quinn Emanuel and its client (the “Client”) from August 16, 2012 through October 16, 2012. QE’á 56.1 ¶¶ 1, 22, 29 & 32; Supp. Kitchens Decl. Exs. J, P.2 '

B. Plaintiffs Hiring

During the summer of 2012, Quinn Emanuel contacted Providusto engage attorneys to perform the first level review (“First Level Review”) for the Document Review Project. QE’s 56.1 ¶1; Supp. Kitchens Decl. Ex. A at 13-14. To be employed on the First Level Review team, a prospective candidate had to be admitted to and-a member in good. standing of a state bar and pass a background and conflicts check. QE’s 56.1 ¶¶ 2-3.

On August 10, 2012, an employee at Providus sent an e-mail about the Document Review Project to potential First Level Review team attorneys, including Plaintiff. Id. ¶'5. The “parameters” of thé Project listed in' the e-maii included: “Du ration: 2 months, could be more could be less”; “Rate: $35 flat”; “Hours: 57 min to 60 max/week, may ramp up higher at times”; “OT: flat rate over 40hrs/week [sic]”; and “Bar: Active any state.” Supp. [463]*463Kitchens Decl. Ex. D. On August 12;'2012, Plaintiff replied to- the e-mail and -confirmed that he was “admitted to NY bar and in good standing.” Id,; see also QE’s 56.1 ¶8. Plaintiff also sent the Providus employee a copy of his resume and completed a conflict cheek form, both of which were forwarded to Quinn Emanuel.' QEls 56.1 ¶ 16.

On August 14,2012, Plaintiff interviewed with a Quinn Emanuel contract attorney. Id. ¶ 19. The interview lasted a few minutes. Schulman Decl. Ex. 1 (“Henig Tr.”) at 58-59. The contract1 attorney recommended that Plaintiff be hired, and' on August 15, 2012, Plaintiff'signed a contract with Providus. QE’s 56. ¶¶ 21-22; Supp, Kitchens Decl. Ex. J. The contract purports to “set forth the terms and- conditions under which [Plaintiff] "will perform legal services for .:. Quinn Emanuel.” Supp. Kitchens Decl. Ex. J. Plaintiff claims he “had no legal experience relating to” the subject matter of the litigation necessitating the Document Review Project, Hen-ig Decl. ¶ 29, but acknowledges that, having gone to law school, he knew about and had received training regarding the attorney-client privilege," QE’s 56.1 ¶14. Supp. Kitchens Decl. Ex. C (also “Henig Tr.”) at 171. -

C. The Document Review Project’

The Document Review Project involved reviewing and categorizing documents that had previously been identified using search terms. QE’s 56.1 ¶ 44. Every document produced in the underlying litigation was produced only after being reviewed by attorneys, hot merely because it included a search term. Id. ¶¶ 45-46. According to Quinn Emanuel, First Level Review team attorneys were expected to review approximately 40 documents per hour. Id. ¶ 128. According to Plaintiff: First Level Review team attorneys were expected to review 50 to 60 documents per hour. Henig Tr. 141-42.

Plaintiff began working on the Document Review Project on August 16, 2012. QE’s 56.1 ¶29.' On his first day, Quinn Emanuel provided Plaintiff with an orientation that lasted a few hours and included training on “Relativity,” the electronic dar tabase that was used on the Document Review Project; a presentation on administrative issues such as billing procedures; and -a substantive training regarding the scope and goals of the Document Review Project. Id. ¶¶ 33-36. Plaintiff contends that the substantive training was too brief to allow him to understand the nature of the claims at issue in the underlying litigation involving the Cíieht. Pl.’s 56.1 ¶33.

The orientation included a 31-page PowerPoint presentation describing the Document Review Project (the “Presentation”). QE’s 56.1 ¶ 37; Supp. Kitchens Decl. Ex. Q. The Quinn Emanuel associate leading the orientation reviewed, and provided a verbal explanation for each slide in the Presentation. QE’s 56.1 ¶ 38. The Presentation includes a cover slide, 18 slides describing the nature of the underlying, litigation, staffing, and claims at issue, and 12 slides specifically describing the Document Review Project. See Supp. Kitchens Decl. Ex. Q.

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151 F. Supp. 3d 460, 25 Wage & Hour Cas.2d (BNA) 1578, 2015 U.S. Dist. LEXIS 172823, 2015 WL 9581780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henig-v-quinn-emanuel-urquhart-sullivan-llp-nysd-2015.