INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 SUPREME COURT COUNTY OF NEW ANDOWAH OF THE OF NEW STATE YORK YORK NEWTON, No. Index Plaintiff ' (NYSCEF Case) vs. SUMMONS LVMH MOËT VUITTON HENNESSY LOUIS April Date: 2019 23, INC., Defendant. TO THE ABOVE-NAMED YOU answer to of the delivered judgment be will Plaintiff designated the Dated: basis in of day personally of April New taken designates is that this 23, York, SUMMONED HEREBY Complaint the exclusive not ARE DEFENDANT: Plaintiff this you to within within New and by York Defedant in New required days thirty defaint for County as in reside York In New case venue. York of complete demanded of plaintiff's service is York. place the the service relief the upon serve after after New of State to days twenty the you against occurred action within action or service, and County of in and Summons, Summana this failure to answer, Complaint. the The this if your an attorney basis the of the venue conduct forming County. 2019 New York By: Beck Bainbridge Pierce Carolynn 601 K. Beck Avenue Pennsylvania South Tower, Washington, Suite DC 839-3530 (202) cbeck@piercebainbridge.com 1 1 of 28 (Pro 700, 20004 Price & Hac Vice NW, Hecht LLP Forthcoming) is INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 Cassie L. Park 277 New Bar BoltOn, Craig Black, Avenue, New York, (646) No. 4751095 Bar No. 5599303 45th FlOOr YOrk, 10172 868-5795 cbolton@piercebainbridge.com cblack@piercebainbridge.com Attorneys 2 2 of 28 for Plaintiff Andowah Newton INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 SUPREME COURT COUNTY OF THE STATE NEW YORK OF NEW YORK OF Index Plaintiff ' No. (NYSCEF Case) vs. COMPLAINT LVMH MOÊT VUITTON HENNESSY LOUIS Jury Trial Demanded INC., Defendant. Plaintiff, LVMH by Moët through and the Vuitton Louis Hennessy undersigned ("LVMH," Inc. for attorneys, Complaint this "Company" the against defendant or "Defendant"), alleges as follows: INTRODUCTION For 1. LVMH. advice sexual suffered LVMH, Informal of that Ms. years, harassment to LVMH's reports same counsel, harasser immediately when everything it could to bury the convince Ms. Newton and the woman who works LVMH even went apologize to the eventually harasser, Despondent 2. Human so far Resources and and reluctantly at the demanded agreed, a French harassment culture, just and Newton for the harasser to a new an external the third party 3 3 of 28 LVMH not email, her pursuing of being simply did an attractive be tolerated. suggest that she position. Newton investigation truncated should at email. by into at so on the effect, supervisor, Newton the sending Ms. actions, no a byproduct thus Counsel employee harasser to his Ms. was had the email Ms. Company's but confronted the Litigation management counsel to intimidate with that Newton & Affairs level employment trying the promote Legal a senior forwarded that as to chastise and Ms. problem, at a company of hands in-house employment Stunningly, claims at the of President Vice Newton, filed conduct turned a formal an investigation. out with complaint to be merely LVMH an INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 extension LVMH's of tarnish might its public 3. year what for and intellect, sexual her year out. and personal complaint. in the praise Newton Ms. Plaintiff Newton and times, continues who has 57th East New Street, 6. conglomerate, and Starboard Bijan, LVMH Moët Hennessy Kenzo, leather and and maisons is valued very handles and Newton Ms. of the some as she externally once her "excellent achieving Services, Loro Marc Berluti, Piana, AND VENUE employee of County. of New County in New States internally her filed same that things Jacobs, Charles Moynat, Louis Fenty & and the its at all was State of New employer of the corporate Ms. relevant York. individual at 19 headquarters County. of the Vuitton perfumes include with York Newton in the and LVMH. Defendant Ms. York employer subsidiary Louis goods, affiliates Fendi, Loewe, for is a corporation 10022 United Épicerie, Cruise NY York, York Newton's LVMH is the brands, Grande is Ms. Newton. hardworking of the LVMH fashion spirits, subsidiaries, La LVMH Ms. for changed criticized in New a resident to be, harassed and headquarters Defendant 5. that JURISDICTION, is a dedicated at LVMH's works She for past. PARTIES, 4. But was that allegations reviews in our confidence aplomb. approach." stellar promoted recently with amidst silence outstanding, to build matters into retaliation. but been had "continues costly) the nothing She who Newton Ms. came received often ability harassment won had (and then And had someone stressful are her in and being to intimidate image. Newton Ms. performance results" campaign SE, French which sells, Christian Beauty Keith, Nicholas 4 4 of 28 by Rihanna, Bulgari, Kirkwood, other and jewelry. Dior, DFS, Givenchy, Céline, Emilio Rimowa, goods luxury among watches cosmetics, Vuitton, multinational Le items, wines LVMH's Bon Marché, Sephora, Pucci, Thomas House Pink, of INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 Chaumet, FRED, Guerlain, di Parma, Acqua Benefit Perfumes Dior, Cheval Veuve Dom 7. and Rules the County York Venue York and personal jurisdiction and/or 302 is therefore over Chandon, is proper pursuant to CPLR the forming has Christian others. to Civil pursuant Practice of business place of New D Beauty, Belvedere, among a principal State of New State Hennessy, Defendant in the domiciled in the conduct & as Defendant occurred the Moët and Ruinart, Échos, Zenith, Von Kat Beauty, Les Heuer, Parfums Parfums, Jacobs Feadship, action and County Cova, TAG Hublot, Kenzo Marc Kurkdjian, Krug, §§ 301 of this basis 8. in New has ("CPLR") of New the forming Pérignon, Court This Francis Ever, Parfums, Givenchy Caffe-Pasticceria (hotels), Clicquot, Law Maison Up For Make Fresh, Cosmetics, Loewe, Blanc Kenzo, and York, the in conduct York. § 503 because basis of this Plaintiff action and "reside" Defendant in New occurred York County. FACTUAL BACKGROUND I. After Ms. Sixteen Newton Joins Ms. an attorney for 10. in its Ms. has and York Lawyer in as Director, at the worked France Legal of her top and the industry U.S., & Litigation Affairs as both Counsel an accountant and now years. Newton a Bachelor a diploma in Lyon, France. Paris in New Newton received also Moulin) LVMH twenty with University as an Accountant Years 9. She ALLEGATIONS is a black of Science for During her and woman Latina in Business studies college, who graduated Administration and in Business Ms. Newton offices. 5 5 of 28 from interned Université from with Georgetown a minor de Lyon at Johnson & III in French. (Jean Johnson, including INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 After 11. and as a Senior worked professional services Lauder-one of the fragrance hair and 12. from Associate firm care Law During law school, Ms. school, she clerked for Criminal Accountant Public PricewaterhouseCoopers-the as an Internal manufacturers and Control Analyst of marketers largest second Auditor and skin care, at Estée makeup, products. then School and the on to receive went Université Newton at the President Vice dual law in U.S. degrees I Panthéon-Sorbonne de Paris interned First Newton Ms. Paris of office Akua Judge a top law a.k.a. La Sorbonne. law firm. After U.S. Kuenyehia French and law International at the in French. is fluent In she total, studied and in France worked for years. After 14. the as a Certified license Court. 13. two for world-and leading Newton Cornell her earned Auditor and in the world's Ms. Newton Ms. college, United Counsel States before Newton Ms. clerking, spent LVMH Defendant joining eight as an attorney years as Director, at major & Legal Affairs legal disputes for legal strategy and law in firms Litigation in 2015. In 15. within brands luxury executives her and the general Newton Ms. role, LVMH counsel manages umbrella. in the Ms. United litigations Newton States, and directs and Europe, on Asia legal than more senior advises disputes 25 and litigations. Ms. Newton Receives 16. from her supervisors 17. Newton Ms. as "a Ms. client's Reviews Exemplary Newton for has her Newton's dream; been judgment supervisor, she and successful and for Praise in her Her role and Performance has and is Promoted universal received praise effectiveness. the is attentive General to their Counsel needs, 6 6 of 28 of handles LVMH, all has matters described efficiently Ms. and INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 with RECEIVED NYSCEF: 04/23/2019 a calm Newton's supervisor and in ethics all Legal 19. March managing all achieving significant various LVMH's first created LVMH's harassment 1 In the pro after been 21. In 22. The artwork. behalf."1 highest the skills. has included Ms. of honesty degree OF SEXUAL Ms. Newton also been above and has Ms. Newton's with campaign affiliates, Newton Ms. with had among the high has now to help ability participation and the and New York to expand. began the role, spearhead counsel outside HARASSMENT with U.S. to employees has in her its supervisor program President, relationships success. provided collaboration of strong her as Vice beyond most developing a resounding which and and by role performance. outstanding LVMH selected begun already of current for of sexual over NEWTON MS. a senior-level at LVMH, working company AGAINST a decade harassment ("the against management harasser") began Newton. That Ms. years. or around harasser of these has to her to go matters, has legal invasive for Before various "reflects of her continued was program, employed and continued at LVMH's and Center, has clients' on her promoted on behalf which feedback, Shortly context Newton bono their in a persistent engage framed first has in her results initiative, CAMPAIGN who employee, Newton Ms. was litigations Ms. bono positive 20. that Newton Ms. then, developing THE II. counsel outside in recognition Counsel, groups. Justice with Newton Ms. 2017, positive pro while Bar stated non-employment LVMH's City further Litigation Since universally is tough does." she & Affairs others has In 18. she yet demeanor, May came leaving comments, brands and Ms. 2015, to Ms. Ms. Newton Newton's Newton's Ms. had office office, subsidiaries. 7 7 of 28 first encounter to discuss he lingered "clients" Newton's her are with making in the C-suite the repairs doorway, executives harasser. and stared and hanging at Ms. colleagues to INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 Newton RECEIVED NYSCEF: 04/23/2019 enough long beautiful that smile these was her undressing In 24. discuss her office computer to call motion repairs and screen. In was terrified. She response, making where office, the uncomfortably elevator bank, other 26. Newton enter and for and her her contact the lurk, incident, often invaded during so pretty. And statement and office. of Ms. outside floor than Ms. Newton chance for her with without and her into Ms. Newton's At Newton's. feel Newton Ms. and unnecessary as though he away was the encounters her his herself left desk the body his body and jumped desk in front across up from of Ms. against hers her chair. chair in against stunned to of having guise firmly pinned Newton Ms. again and her unwanted. harasser on minutes space from under pressing office at her seated lunged found and Newton's Newton, warning and Ms. was Ms. face phone. body entered Newton Ms. discussion genitals unnatural this he would artwork. suddenly body that Following of of his pushed clear made harasser the 2015, hanging midst completely likewise of the pelvis frantically to linger a different that are at this her exited began on was "You recoiled subsequently in a manner September harasser her Newton Newton Ms. harasser office stated: eyes. the his across 25. his who the his it." of harasser, that at Ms. or around thrusting as he reached view with a colleague, Newton's, The leer he would times, enough get and uncomfortable, encounter, fact the to feel the initial this despite regularly can't from away After 23. began she I just ... turned immediately office that continued end, leering intently events, before at company in the to appear and hallway, on outside at Ms. and Newton's Newton. after several Ms. fire instances, He in the drills, in full employees. At the one room, company walked event, in or around across the room 2015 and 8 8 of 28 or 2016, directly the approached harasser, the upon cocktail seeing table Ms. that INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 Newton Ms. at the was After 27. to kiss that reach In Newton again with celebration..." she everything closed more been as well. to Ms. Newton's exclaimed to everyone Newton's two loudly each her face arriving cheek. Newton Ms. at the harasser, table: to avoid the has avoided with on example, and and attempted backwards body upon who, so information 'bises'2 No "What? offer to help and me?" for Ms. at her pair other body as she of kisses or say hastily that tried French table: walked quickly and in her time and has even "Oh, with Ms. other these come he her, a it's on, away. office, devised to kiss Newton has her keeps ways done door to reduce Ms. precautions, the Newton harasser. to clean took the 3, 2018, up this assistance. any less stairs, January harasser at the attempts harassment, However, the The or provide the with harasser's and his spends him. or about disgust continued taking encounters of Newton Ms. or interacting to avoid a look harasser him. has him of the to everyone stating destruction. the the rejections from are on leaned Upon conversing. he approached movement, rushed each were twice-once Newton Ms. Newton, suggestively to greet can including documents 2"Bises" cheeks Ms. Employees, not women, the gave years, For 31. other kissed Newton For seeing unable woman attempts frequently, of likelihood Ms. his Ms. 30. each colleagues "No." Despite persisted did loudly responded: 29. of kissing female her. response is American, belief, He on the not he could 28. has he had Newton Ms. a few she a point he made table, and where near, and to gather who goodbye. 9 9 of 28 simply the are headquarters protect to stand opportunity He people files LVMH ogled Ms. important nearby Newton, flooded. business and leer at her. staring documents. familiar with each other commonly use INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 32. and As the AND LVMH IGNORES Ignores Ms. she However, problem between hoped late In employment formal by with the her efforts to potential occasions, corporate the sexual that could to LVMH's against the LVMH the harasser's harasser. would a formal resolve report. Thus, LVMH conduct to counsel ("the employment in-house not her, from follow at LVMH, culture harassment, reported informally including VICTIM in a backlash result effects Newton Ms. THE image-obsessed reporting negative AS HARASSMENT SEXUAL of Harassment would reporting OF REPORTS Reports informally 2018, because LVMH's by failed for he worked own Ms. Counsel Employment The LVMH within LVMH instance, every policies. contradicted that claimed legal the in violation Newton, not he could report the the which a statement department, Handbook-which Employment LVMH's of conduct is flatly Counsel Employment had in creating. assisted Newton Confronts for Reprimanded 35. her about called a May office and the harasser's him Harasser the on the Advice of the Employment Counsel and is Then It Following 36. and for against behavior, Counsel"). 34. again and several Employment outside of the 2015 on familiar that, without personnel Ms. of the colleagues to be retaliated only HARASSER Informal Newton, sort any THE TREATS Newton's Ms. that worried further Resources, NEWTON'S MS. INSTEAD 33. the informed repeatedly harassment. LVMH III. Newton Ms. below, it to Human reported ultimately stop explained leering 30, at her, 2018 Ms. incident involving Newton e-mailed the the harasser once more Counsel Employment lingering to complain behavior. When the in his capacity Employment Counsel as employment failed counsel 10 10 of 28 to respond of LVMH to Ms. and Newton, asked him she for followed advice. up The INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 Counsel Employment department. of Instead Newton Ms. approach 37. Counsel, she not a difference. made confront harasser the 38. alone being referred about Ms. "harassment" 39. harasser Ms. claimed looks harasser email, Ms. to Human 41. Minutes this," enraged referring he could not that Employment but unwelcome it had her encouraged to to his stop Newton and an email. "loitering," that In of this and personal inappropriate stated Ms. "leering," Newton's pattern" because space, Newton "peering," and Newton Ms. email, remarks "hanging behavior" "inappropriate feared as conduct. if the behavior would report Counsel called she continued, Resources. Newton Ms. was legal the suggested to the nevertheless harasser Ms. "ongoing the he then explained conduct advice, the including to this and her sent invading referred In Newton smile, Newton told Counsel's incidents, and his Counsel Employment Employment Ms. that for he worked terms." uncertain past harasser's previously harasser harasser, 40. Newton, report the Newton's around." the with had to the the report, away. clear in "no a formal stay as she the because to that, response, Following to the Ms. In him conduct the to file responded made already tell and report Newton Ms. harasser the not he could encouraging Newton Ms. had that stated after at her. to Ms. report forwarded Newton Ms. The harasser's to the forwarded the Counsel Employment Newton's the email this e-mail to the behavior. Employment the stated repeatedly even On the phone, 11 of 28 Employment email, harasser, 11 Counsel. that though the he now he had Employment "ha[d] previously Counsel to INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 denied initially but he had LVMH 42. No Counsel"). Director email explanation of Talent Ms. given was and harasser. He that admitted subsequently email. summoned counsel as to why that conducting had received a copy to her office so they leading of the Counsel not was she Newton Ms. General Senior with tasked supervision the LVMH's LVMH's from been had under email, supervisor, Newton Ms. who Talent"), Newton's call a phone received of Newton's informed harasser to the ("Director Ms. it over to do Newton Ms. into and her the Investigation day, investigation Counsel to confront told Internal Development internal Employment not he had following Talent Newton Ms. a Sham The of LVMH's The that insisted Conducts Director told having the investigation. of Ms. Newton's talk could General ("the "about the email." 43. The questioned been Newton Ms. sexually Newton 44. The harassment that reflect Newton on 45. Newton. General Talent had suffered Talent Director not more image than Ms. of ask any was she if he had asked questions about on the how actual the Talent harasser ever about Ms. Ms. in her email. the sexual Ms. Newton's sexual had threatened regarding in hearing uninterested of of words choice follow-up was that stated Newton's concerned Director the Newton Talent to Ms. and far was and When relating did in which meeting Newton's email harassment could Ms. experienced. The At of of the years, a brief email. questions "branding" LVMH's had of Newton Director The for Director Ms. the regarding a series asked had subsequently her harassing and concerns. two this Counsel-Ms. day, following meeting, the Newton's the Director Director of of Talent Talent informed supervisor-and the 12 12 of 28 requested Ms. another Newton Employment that Counsel meeting she had with Ms. met with to discuss Ms. the INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 Newton's claims before Newton that she that was all just this 46. told Ms. Newton culture and his the Talent The harasser tolerate made the Newton Director of that suggested The company b) You need c) He feels threatened; d) He can't sleep; e) He is concerned f) He is demanding g) You Your The informed should Director not email was Director of then her began that and had concluded closed. flirting" Newton Ms. with the Newton for to him. The French other ignored completely in which and "what was unfamiliar Talent Ms. harasser had in a bad how sent did sleeping should Ms. apologize the email Director she of Newton: light lose from him by your harasser the his emails; feels; job; you; an email rather than verbally approaching him and "attacking" unjustifiably her to reprimand Newton Resources; Talent informed body. he might have of also as "mere was incident the egregiously, an apology to Human Newton The to understand that to kiss behavior. to Ms. is placed employee behavior attempted Ms. Ms. statements following Talent Case harasser's that Newton's Talent the he had most a) h) 48. Ms. LVMH suggesting the including, against and going Ms. company," of "miscommunication." described in which Director The another and or Talent incident simply genitals 47. sent of the of harassment, instances pressed that should Newton. harasser to the Director in a French do Ms. "misunderstanding" a The executives spoken had with meeting not express and eating conduct. 13 13 of 28 him. any had concern for been disrupted Ms. Newton due to the even though harasser's or INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 When 49. stay he from away saw at the with and LVMH. altered Ms. Newton's 52. The Ms. directed by harasser instruct had harasser to to do his job the to be able counsel, and the Newton Doing 54. of LVMH's May outside 2018 30, Files a Formal So the by A few and Talent as report made was assaulted feel concerned harasser the with riddled was Newton Ms. Newton Ms. with pleading to protect safety. LVMH Instead, s email, Talent's had which environment. LVMH's only to stop, inaccuracies and narrative. went prior belief, (who is also on to shame to this Ms. Newton Ms. Ms. the meeting, Newton's to instruct counsel, in her report. She Director the supervisor), Newton of to apologize Talent was Employment to the harasser for email. prior her harasser Despite Resources, Being Discouraged Counsel later, the Human with Complaint General days harasser the intent and well-being behavior Newton then that of LVMH's reflection the by as unprofessional. and Counsel work of to suit conduct General describing perpetrator Director fact the overseen report, employees' charged Ms. Director On information the in her on how statements is a clear with sexually The Newton's 53. the the "investigation" other and unconcerned focused on Counsel at least Company that replied Counsel, Newton distressed completely described Ms. was emotionally reflect Ms. the internal Talent's in inappropriate, would from Talent General the of expense engaged and sending of of and LVMH 51. had Director The Counsel image unsafe Director that requested fit. Employment and the her, 50. its Newton Ms. on week's like or about events the June and 3, 2018, expressing victim. 1 14 of 28 Ms. Newton concern that emailed she had the been General treated like INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 In 55. had Company of the handling her "outside, from, [her] with and of complaint The and and Ms. Newton that revealed she behavior harasser's Newton Ms. to her was would the by be not had troubled stopped, company's that report following day, with upset or any General Counsel Ms. Newton. The insinuating The General Counsel that her by General Ms. Counsel Newton so Ms. doing LVMH's legal an by to dismissing, steps to provide to prevent Ms. Newton "investigation." with spoke In SVP"). connection further refused the an investigation further taking SVP regarding the a report, HR The of response from from and ("HR or professional "refrain company details the requested personal no them." raising file Newton concerns, Newton's] for, [her] the and with complaint Department Resources Ms. has a formal filed harassment reports. who requested [Ms. Human sexual the expert Talent's became would Talent unbiased or reprimand 57. Newton of company" Director the the and stop, 3, 2018, described or criticizing diminishing, because LVMH's Defendant Director the at the to June date, Newton impartial, anyone same of Ms. and Resources Newton Ms. Counsel, him to instruct failed President complaint, counsel General to Human report On the Vice to the situation. 56. Senior email a formal submitting the her Newton about questioned had harmed the Ms. why General the Counsel. 58. there investigation, pointed out her questions, talent any that personnel was clearly "investigation" the the had General asked better no then asserted violation was Counsel questions of that, company inadequate asked and why Ms. of her. 15 15 of 28 on the based policy that the Newton, internal Company's When or the law. talent personnel as a lawyer, did Ms. Newton had hardly asked not ensure the INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 59. resources no had Ms. Newton announced LVMH LVMH 61. investigation. And had favor the been of 63. The conclusion reached if an outside in the of be a waste would Director investigator of Talent's that determined a few days an external engaging General the later, Counsel HR and investigator. Investigation investigator rather to be little Newton comments intimidating to conduct "Investigator") than more external the a mediation at aimed claims. Ms. 8, 2018, (the out her pursuing June LVMH, were turned Investigator's with investigator go" finally, they an outside to stop On or about Defendant that External 62. tasked same things and investigation Newton Ms. persuading "let firm held hired the the an outside occurred. a Sham Conducts reach would Newton to Ms. that declared would Newton harassment 60. SVP if Ms. asked sexual Counsel he or she because but report, General The was the during Ms. Newton than using and the interviewed interview clear made her convincing the by Investigator. that an end to put as an opportunity interview the Investigator to the matter in all to understand facts. 64. "interview" of a) The following Ms. Newton: As Ms. be "hard b) The Newton The described Investigator the Newton's Investigator say Ms. Newton that "I stated: Ms. will Investigator of the a few comments sexual Investigator the her during Investigator the harassment, made it would stated to prove"; suggesting c) are just told you're reminded replied you claims if that Investigator dismissively "... this of except 16 16 of 28 job her she After thin-skinned. the like affect could Newton Ms. very assume ... the for don't want to leave," employment; continued all, you to press he didn't time that the one really her touch claims you." harasser assaulted incident..." "people When her, the INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 Investigator The d) would say: terrible? She as, I don't free." what know look they 65. company's 66. details to stop the 67. Ms. the harasser's SVP replied any directive LVMH that investigation month she her her through lived who fired to gets LVMH the don't you I want ... one "will she him want Defendant differently." things be viewed that ... era" "McCarthy that else of part you to you, somebody is scot- off get because say so French "a and fired, that the of McCarthyism. on later, informed refused Newton that to provide because On or about her repeated contact the that The claims what's So, or about the July Investigator not had HR the 6, 2018, SVP requested a violation found of Newton Ms. with the report Investigator's or any investigation. Against into ... girl. know, people harassment, law. SVP or instruction Retaliates 68. HR The regarding and or the policy at these you fired somebody because reminded one Newton Ms. that stated "look get her don't "you unfortunately bitch." a stated Approximately with of Newton: you detriment, movement #MeToo to Ms. but maker, sexual the a good-looking She's if she pursues that a trouble say once a son like Investigator The h) the happens Investigator The Company," they g) I'd stated to your it inures a meeting if know Newton Ms. about hearing at her. ..." be flattered told Investigator The f) upon that, so he looked should Investigator The e) asserted "alright, with the her, harasser concerns Newton as Ms. had and done asked if the continued wrong," "nothing would Company to fear the for her company do safety. would anything The not HR issue to him. Ms. June harasser's Newton 21, 2018, conduct in the and midst before of LVMH 17 17 of 28 LVMH's had purported even discussed external the results of the INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 sham RECEIVED NYSCEF: 04/23/2019 investigation at the promoted the outright experience 70. suddenly Ms. before Counsel annual same control "watching" her Newton Newton's with LVMH that she 73. complaint of For 74. • In Ms. to than differently of Ms. reviews in the Counsel Newton Ms. out singling she Ms. had Newton, treated Ms. despite has Ms. office also the Newton, and made Newton's General is actively that comments years its left have employees, the including actions taken pushed out by Newton Ms. she of working of the Counsel Employment LVMH Defendant and its as a direct Company isolated feeling and and targeted the General Ms. employees, result by Newton of having reported noted the any above, in each sexual harassment, criticism example, Newton's of the whatsoever in prior 2015 years, Performance four LVMH of her the years gave Newton's formal the Ms. Newton flawless performance performance. General and Ms. preceding Counsel Career 18 18 of 28 wrote Review: the following to trying conduct. As devoid on" and autonomy General The began Counsel, glowing Newton's of retaliation is being regarding reviews, began results. acts of the improper harasser's being complaint. previous cases. positive and Because believes was Newton Ms. celebrated, being employees a formal at Ms. away an eye These other made her of Ms. 72. Counsel. had to chip or "keeping Defendant than differently begun independently was General the supervisor, Notwithstanding has harasser the party. harasser the that announced publicly summer that time Newton's Ms. 71. LVMH Newton, retaliation. treating Newton Ms. company's At 69. take with comments: is INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 o "[Ms. legal/technical the brands have o "[Ms. • In Ms. Newton's o is a client's dream; "[Ms. on her Newton's] "[Ms. does." Newton] reflects o "[Ms. Newton] goes consistent parts Newton's That o "Pushing brava." o "[Ms. back what outside on or about which was Counsel, review, March 14, 2019 76. During supporting her in an act Nevertheless, then ("The The oral March memorialized documentation to stressful (and and gave Ms. her This Ms. contains Newton for the false and build in review and requested, inaccurate and the unfair 19 19 of 28 all she but cli[e]nts also task difficult on focus the many review: is difficult in for for her Ms. intellect, her exercising first the our matters costly) time-a Newton not and confidence often Newton-for inaccurate with consistently ethics a very is tough is to and her handles needs, she as [] complete counsel retaliation in a written strategic results." internally of blatant and without maisons aplomb. ability and the rights, negative received on statements General by Counsel characterizations the General promised of her risk; as with she She personal General oral or about Review"). Review review, 4, 2019, continues yet satisfy Group. Career and that matters to their honesty to touch as well encompass." against of degree the litigation allows Group beyond across "excellent valued externally approach." 75. and had are the highest Performance Newton] handles of arises." above litigations Newton Ms. the results 2017-2018 o demeanor, it between Review: a calm and with clients' behalf." a diplomatic requires Career is attentive when o member she understanding [] uncertainty moving Ms. efficiently counsel all on matters, organization team." of the needed is a valued and role, complex inter-relationships handled ably much brought has Newton] achieve In has and matters and She with dealing complex as the Performance handle • HQ. from away as well 2016-2017 outside o her to her "[Ms. all Paris way." Newton] thinking shied side, and come not has Newton] the Counsel. to provide, performance. is INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 to date, However, because with no such performance To relationship with Kirschbaum & applauded matters In and not the and General without varied should outside "[i]ncrease Counsel with risk; In review counsel." efforts replied: her for, for other Furthermore, to recommend "Absolutely." Ms. Barack Ms. Newton, stand up to Barack and she dream; yet wrote: years. Ms. Newton's Ferrazzano with 2017-2018 back "Pushing General the to their outside her on counsel Career and counsel outside all handles needs, Performance against Counsel Ferrazzano. Review, is attentive is tough she Career General the is difficult added). also reveal matters and that has best Performance things, diverse not been has been always Barack that instructed encouraged to Ferrazzano interest. Career to Ms. counsel outside Counsel 20 20 of 28 even reliable, goal Newton's for Newton Ms. Review, appropriate, "identifying General Newton Ms. and in response The to Newton's in LVMH's 2017-2018 among In (emphasis evaluations of prior about with Performance demeanor, similarly if it is not be preferred willingness is a client's added). brava." counsel outside communications and a calm in all is inconsistent blatantly narrative firm This Ferrazzano"). and Newton] Newton Ms. law documentation. criticism includes false the Counsel, 2016-2017 Counsel These 81. positive Newton's "[Ms. U.S. of also gave such any a completely contains ability (emphasis 80. seek Ms. Review Counsel ("Barack reviews Newton's that wrote LLP with provided The General principal Nagelberg behalf" Review, Review LVMH's efficiently client's the Ms. 79. Counsel the In prior 78. exists. evaluations start, been not has documentation 77. has Newton Ms. in the litigation informed was review matters," Ms. a cost-efficient and same given Newton the to General that due to the INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 poor performance of Barack Ferrazzano, the General Counsel had suggested to her boss that LVMH no longer use that firm for litigation matters. 82. Yet the General Counsel directly contradicted herself in the 2019 Review. In the Review, the General Counsel called Ms. Newton’s relationship with Barack Ferrazzano “challenging,” claiming that she had been “very clear” with Ms. Newton “at the time of hire that the role requires working in a unique and closely collaborative way with [Barack Ferrazzano], in a way that goes beyond the standard inhouse/outside counsel dynamic…” She went on to state that she “[did] not support the manner in which [Ms. Newton] communicated to the firm.” The overall content of the Review also demonstrated a change in circumstance, though nothing had changed except that Ms. Newton had formally reported the sexual harassment she had suffered for years at the hands of the harasser. 83. In her prior reviews, Ms. Newton consistently received the highest rating available in multiple areas. For example, in her 2016-2017 Performance and Career Review, Ms. Newton received the highest available rating in the categories “coordinate management of litigations and claims involving several maisons” and “manage outside counsel.” In her 20172018 Performance and Career Review, Ms. Newton similarly received the highest available rating in the categories “strategically manage new legal claims and issues” and “strengthen and continue to develop key internal and external business relationships.” 84. Nothing has changed about Ms. Newton’s performance in the last year. The only thing that has changed is that Ms. Newton exercised her right to formally assert claims of sexual harassment after LVMH repeatedly failed to address her previous claims and discouraged her from pursuing them. As a result, LVMH decided to retaliate against Ms. Newton. 21 21 of 28 INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 85. RECEIVED NYSCEF: 04/23/2019 LVMH’s treatment of Ms. Newton is particularly upsetting given the fact that LVMH is a company whose customer base is mostly women. 86. Likewise disappointing is LVMH’s repeated attempts to deflect Ms. Newton’s complaints of harassment by invoking false, negative stereotypes about “French” culture even though, on information and belief, none of the individual actors in this matter is, in fact, French. Specifically, in her “investigation” report and as noted above, the Director of Talent wrote: “[a]s we are in a French Group, [Ms. Newton] should be aware that many executives may use the French greeting, as well as the US handshake, and she should be prepared to manage these interactions when they happen in a way that feels comfortable for her.” 87. The insinuation that Ms. Newton simply did not understand or fit in with the Company’s “French” culture is laughable given that Ms. Newton lived, worked, and studied in France for several years. Indeed, LVMH informed Ms. Newton that one of the main reasons they had hired her and considered her their “first choice candidate” was because of her vast experience with and knowledge of French culture. 88. Although LVMH and its corporate affiliates have been accused of workplace misconduct in other public filings, these filings likely represent only a small fraction of the actual workplace harassment, discrimination and retaliation LVMH employees face. On Glassdoor.com, a website where a company’s employees can anonymously post reviews about their employer, LVMH employees across the globe have identified strikingly similar conduct by LVMH to the conduct Ms. Newton has experienced. The reviews describe a company with a negative, outdated, and discriminatory culture. These reviews include numerous claims that LVMH engages in “discrimination,” “favoritism,” “xenopobia,” “nepotism,” “bias,” and “bullying.” The reviews explain that “[e]mployees are exploited, humiliated, abused, [and] 22 22 of 28 INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 women are sexually harassed.” The reviews further state that there is “toxic behavior within the executive leadership,” including “abusive” managers. These problems can be attributed to LVMH’s perceived oppressive and negatively-viewed “culture” coupled with LVMH’s pervasive failure to promote women into executive positions. 89. The claims asserted on Glassdoor about LVMH’s Human Resources departments are even more relevant to Ms. Newton’s claims. Many reviewers describe LVMH’s HR departments as “useless” and “corrupted.” The reviews state that LVMH HR representatives “really do not care about their employees,” “don’t know what they are doing,” and HR “is only there to protect the company and not the employees” and “does not have the employees[’] best interest[s]” in mind. Unsurprisingly, reviewers state that LVMH “HR teams are less interested in personal development than the development of the brand or business as a whole” and “[c]urrent and potential employees are constantly discriminated [against]” but “HR team members take pride in being ignorant.” The employee reviewers aptly note that “HR Managers are out of touch with [the] reality of what goes on in each location” and need to actually “[l]isten and act on employee concerns” and “[e]ducate ... employees on how to interact in an international and multicultural workplace.” VI. MS. NEWTON HAS SUFFERED EMOTIONAL DISTRESS AS A RESULT OF THE HARASSMENT AND DEFENDANT LVMH’S RETALIATION 90. For years, Ms. Newton has experienced severe distress and anxiety as a result of the sexual harassment and retaliation she suffered at LVMH. Ms. Newton has shaken uncontrollably, felt tightness in her chest, and has panicked about her safety. 91. Ms. Newton often cannot sleep and has had her eating patterns disrupted because of the trauma she has experienced as a result of both the harassment and Defendant LVMH’s reaction to her claims, including attempts to isolate her, lie about her, and destroy the career she 23 23 of 28 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 INDEX NO. 154178/2019 RECEIVED NYSCEF: 04/23/2019 has worked so hard to build. Ms. Newton’s constant anxiety at work has only increased as a result of the Company’s retaliation against her and refusal to instruct the harasser to stay away from Ms. Newton. 92. Ms. Newton has changed her daily routine out of fear she will run into the harasser. Among other things, Ms. Newton avoids using the staircase at work, spends less time in her office, avoids functions where she may run into the harasser and has moved to other parts of the room at important company events to avoid contact with him. 93. Ms. Newton has had to seek therapy to deal with the emotional trauma she has and continues to suffer as a result of the harassment and Defendant LVMH’s conduct. 94. Ms. Newton also suffers from a medical condition that had been treated successfully until last year. Several months ago, after Ms. Newton began suffering retaliation at the hands of LVMH, the condition returned. Upon information and belief, this resulted from the stress caused by LVMH’s conduct. FIRST CAUSE OF ACTION (Sexual Harassment; Hostile Workplace) 95. Plaintiff repeats and incorporates the allegations set forth in Paragraphs 1 through 94 as though fully set forth herein. 96. Section 296.1(a) of the New York Human Rights Law, N.Y. Exec. Law § 290 et seq., and Title 8 of the New York City Administrative Code, § 8-107, prohibit sexual harassment in employment. Defendant LVMH was Plaintiff’s employer within the meaning of those laws. 97. Defendant LVMH has allowed and continues to allow a hostile, intolerable workplace based on sexual harassment that was imposed on Plaintiff by the conduct of Defendant LVMH’s employee of which LVMH was aware. 24 24 of 28 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 98. INDEX NO. 154178/2019 RECEIVED NYSCEF: 04/23/2019 Defendant LVMH’s employee made unwanted sexual advances to Plaintiff and engaged in other unwanted verbal and physical conduct of a sexual nature. 99. Defendant LVMH did nothing to correct this behavior when made aware of it. Instead, Defendant LVMH accused Plaintiff of harming the harasser when she tried to stop the harassing behavior and Defendant LVMH suggested that Plaintiff apologize to the harasser for calling out his misconduct. 100. Defendant LVMH then further discriminated against Plaintiff by retaliating against her in response to her complaints. 101. Defendant LVMH’s actions were taken under circumstances giving rise to an inference of discrimination. Plaintiff was treated differently, and less well, because of her gender. 102. As a direct and proximate result of Defendant LVMH’s discriminatory conduct, Plaintiff has suffered, and continues to suffer adverse employment consequences. Plaintiff has been ostracized by her coworkers, forced to abide by different rules than her coworkers, and has suffered adverse employment consequences that will damage her professional opportunities and impair her potential for growth at LVMH. Plaintiff has also been forced to endure severe emotional pain and trauma, all to her detriment. WHEREFORE, Plaintiff prays for the relief described below. SECOND CAUSE OF ACTION (Retaliation) 103. Plaintiff repeats and incorporates the allegations alleged in Paragraphs 1 through 102 as though fully set forth herein. 104. Section 296.1(a) of the New York Human Rights Law, N.Y. Exec. Law § 290 et seq. and Title 8 of the New York City Administrative Code, § 8-107 prohibit retaliation against 25 25 of 28 INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 an employee who seeks to assert rights under the Human Rights Laws. Defendant LVMH is Plaintiff’s employer within the meaning of those laws. 105. Plaintiff complained to Defendant LVMH about the sexual harassment inflicted upon her by an employee of Defendant LVMH. In response, Plaintiff was subjected to additional mistreatment, all with the knowledge and approval of Defendant LVMH, for the purpose of punishing her for attempting to assert her rights, including but not limited to receiving false disciplinary charges, changes in workplace treatment, and disparate treatment from other employees. 106. Defendant LVMH’s actions were taken under circumstances giving rise to an inference of discrimination. 107. As a direct and proximate result of Defendant LVMH’s discriminatory conduct, Plaintiff has suffered, and continues to suffer adverse employment consequences. Plaintiff has been ostracized by her coworkers, forced to abide by different rules than her coworkers, and has suffered adverse employment consequences that will damage her professional opportunities and impair her potential for growth at LVMH. Plaintiff has also been forced to endure severe emotional pain and trauma, all to her detriment. 108. WHEREFORE, Plaintiff prays for the relief described below. 26 26 of 28 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 INDEX NO. 154178/2019 RECEIVED NYSCEF: 04/23/2019 PRAYER FOR RELIEF Plaintiff respectfully requests judgment against Defendant be entered as follows: A. Enter a declaratory judgment, stating that Defendant LVMH’s practices, policies and procedures subjected Plaintiff to sexual harassment and retaliation, making her work environment a hostile workplace in violation of Section 296.1(a) of the New York Human Rights Law, N.Y. Exec. Law § 290 et seq. and Title 8 of the New York City Administrative Code, § 8-107. B. Award injunctive relief against Defendant, its affiliates, and subsidiaries, including Defendant, Defendant’s affiliates, and Defendant’s subsidiaries’ officers, owners, agents, successors, employees, representatives, and any and all persons acting in concert with them, from engaging in the unlawful practices, policies, customs, and usages set forth herein; C. Award injunctive relief directing Defendant, its affiliates, and its subsidiaries to take such affirmative action as is necessary to ensure that the effects of these unlawful employment practices are eliminated and do not continue to affect employees of LVMH, its subsidiaries, or its affiliates. Such action may include live training on proper reporting and responses to complaints of sexual harassment, taking steps to remediate LVMH and its subsidiaries and affiliates’ culture by, at a minimum, increasing training and awareness on these issues, instituting an anonymous complaint mechanism for employees to express concerns about workplace misconduct, and increasing cultural sensitivity training for LVMH and all of its subsidiaries and affiliated entities’ employees to ensure 27 27 of 28 INDEX NO. 154178/2019 FILED: NEW YORK COUNTY CLERK 04/23/2019 10:51 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2019 they comply with United States and New York law when operating in these locations; D. Award injunctive relief prohibiting Defendant LVMH from further retaliation against Plaintiff; E. Enter judgment against Defendant on all causes of action and an award of compensatory damages, emotional distress, punitive and/or exemplary damages, attorneys’ fees, pre and post-judgment interest, in an amount to be determined at trial by the jury, and such further relief as this Honorable Court deems just, equitable and proper. DEMAND FOR JURY TRIAL Plaintiff respectfully demands a trial by jury for all issues so triable in this action. Dated: April 23, 2019 New York, New York By: Pierce Bainbridge Beck Price & Hecht LLP Carolynn K. Beck (Pro Hac Vice Forthcoming) 601 Pennsylvania Avenue NW, South Tower, Suite 700, Washington, DC 20004 (202) 839-3530 cbeck@piercebainbridge.com Craig Bolton, Bar No. 4751095 Cassie L. Black, Bar No. 5599303 277 Park Avenue, 45th Floor New York, New York, 10172 (646) 868-5795 cbolton@piercebainbridge.com cblack@piercebainbridge.com Attorneys for Plaintiff Andowah Newton 28 28 of 28