LexisNexis® and Bloomberg Law are external online distributors of ALM`s extensive collection of current and archived versions of legal news publications. Clients of LexisNexis® and Bloomberg Law may access and use ALM content, including content from the National Law Journal, The American Lawyer, Legaltech News, New York Law Journal and Corporate Counsel, as well as other sources of legal information. As Occam`s razor suggests, this is probably because there were no legal problems with politics. That`s why all the smart people involved thought it was okay. Unidentified shareholders said Coke`s board of directors breached its fiduciary duty to shareholders with the policy because it exposed investors to potentially significant legal liability, according to the American Civil Rights Project, which represents investors. At The Coca-Cola Company, it is the responsibility of every employee to maintain a work environment that reflects respect for human rights and is free from discrimination and harassment, in accordance with our human rights policy. If an employee believes that someone is violating the human rights policy and/or the law, they are encouraged to report this immediately to their supervisor, human resources, company legal counsel or EthicsLine. We also review the Human Rights Directive to ensure compliance. Our goal is to achieve the 98% compliance target by 2020. The policy proposal, which was still listed on Coca-Cola`s website Monday afternoon, was aimed at getting black lawyers to handle at least half the billable time for the 30 percent of new cases that Coca-Cola`s external attorney has set aside for various legal efforts. It would also introduce a non-refundable deduction of 30% of fees for companies that have not met different staffing ratios.
Fast forward to this week. Bloomberg Law received a letter from Coca-Cola to a group of shareholders — names blackened out — on February 7, 2022, officially rejecting the policy. According to the Bloomberg article, this group of shareholders threatened legal action, saying Gayton`s proposal was an “illegal discriminatory” policy. The only thing an aggrieved shareholder could say is that Gayton`s proposal could result in more of the company`s legal work being done by minority women and lawyers. This would be a violation for shareholders. What for? Go ahead and say the silent part out loud, we all already know that. That would be amazing! How could so many sophisticated Am Law 100 lawyers and Fortune 50 executives not see a legal problem with these guidelines? A group of Coca-Cola Co shareholders on Friday threatened to take legal action against the company`s board of directors unless it ends what they call illegal policies the company adopted in January to promote diversity among outside lawyers. The proposed requirements “were and are not a policy” at Coca-Cola, General Counsel Monica Howard Douglas said in a letter dated Sept. 7.
February to a group of shareholders received by Bloomberg Law. The group had threatened the company with a legal dispute over a policy of “unlawful discrimination”. In January 2021, Coca-Cola`s new general counsel wrote a letter to all law firms that represent the company in the United States. Bradley Gayton tackled the chronic problem of diversity in the legal industry and proposed using the power of coca-Cola as a consumer to bring about change in the market. In addition to seeking Mansfield Rule certification and adhering to ABA Resolution 113, Gayton`s new policy would require companies to “commit to at least 30 percent of the time billed to employees and partners coming from different lawyers.” At least half of that number is believed to come from black lawyers — a reasonable question based on census data. Coca-Cola was beaten Thursday in New York City`s Southern District Court for its Fanta-branded piña colada soda in a consumer class action lawsuit. The lawsuit filed by Sheehan & Associates alleges that the product`s labeling incorrectly states that the beverage contains “100% natural flavors.” The defence lawyer has not yet appeared for the accused. This is 7:21-cv-08788, Hawkins v. The Coca-Cola Company. If such claims are dismissed, it can lead to lengthy and potentially costly litigation. Walmart Inc.
has spent years fighting its shareholders for access to company records on alleged corruption payments in Mexico. “It`s astonishing that neither the general counsel of a large company like Coke nor the large prominent law firms in which politics was involved seem to have considered their direct conflict with U.S. civil rights laws,” Morenoff said. “It is even more astonishing that so many other sophisticated American companies have also ignored obvious legal issues in order to pursue an equally `brilliant` policy.” Subscribe to our daily newsletter to receive the latest legal news and Reuters headlines in your inbox. Gayton said when the policy was announced that such drastic measures were needed because the legal industry was unable to address the inequalities faced by black lawyers and other lawyers of color. That was before Coca-Cola announced that Gayton would step down as chief legal officer and instead act as a “strategic advisor” until April 2022. Coca-Cola subsequently made several other personnel changes to its in-house legal team. If you like piña coladas, you may not like the fact that this product supposedly contains an undisclosed artificial flavor. Douglas` letter states that while Coca-Cola is “committed to promoting equity, diversity and inclusion in the legal profession,” the company ultimately never implemented Gayton`s guidelines for outside counsel last year. But disgruntled shareholders don`t always need a recognizable legal theory to act, but only companies without a backbone. Coca-Cola first hinted last year that it would take a break and review politics after Gayton was removed as chief legal officer.
The decision to sever ties with politics altogether comes amid a broader debate about how black and diverse lawyers can gain a foothold in the predominantly white world of big law. Joe Patrice is editor-in-chief at Above the Law and co-host of Thinking Like A Lawyer. Feel free to send tips, questions or comments by e-mail. Follow him on Twitter if you`re interested in law, politics, and a healthy dose of college sports news. Joe is also a Managing Director at RPN Executive Search. Gayton did not respond to a request for comment on his now-rejected policy. Coca-Cola announced in a proxy circular filed earlier this month that it received more than $11 million in total compensation last year, most of which had already been confirmed by the company as part of its advisory contract. “Accepting and maintaining the guidelines may result in prosecution by lawyers and their staff, as well as by the U.S. Department of Justice and a number of attorneys general,” the letter reads. A leading opponent of affirmative action targets the Coca-Cola diversity policy of the gayton law firm is unemployed within 3 months.
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