As we all know, JWT CEO Gustavo Martinez resigned yesterday “in the best interest of the J. Walter Thompson Company.” His downfall, however, only ends what is arguably the second chapter in the story regarding Erin Johnson’s discrimination suit.
The latest updates concern the aftermath…or, more specifically, the evidence that Johnson’s lawyers moved to include in the trial that would have been.
Just after news of Martinez’ departure went public yesterday, WPP’s lawyers filed a letter with the judge in Manhattan’s federal court arguing that a certain DVD (which allegedly includes video of Martinez joking about rape and making racist comments at a 2015 Miami retreat) should not be allowed into evidence.
Why? Because the meeting in question concerned secret strategy information that is key to JWT’s incredible success. Or, in legal terminology from yesterday’s AdAge report: “JWT has endeavored to keep the thinking behind the Process confidential and disclosure to competitors through a public filing would cause significant damage to it.” The “Pioneering Process” in question “establishes best practices for JWT management around the world to work as a more connected network in delivering best ideas to clients.” The company also claims that Johnson deleted the offending section from the original recording, arguing that WPP executives were therefore unaware of its existence.
Later in the day, Johnson’s lawyers followed up, denying the claims. From Campaign’s coverage this morning: “lawyers for Erin Johnson denied that she withheld a tape … and argue that it should be considered evidence in the suit.”
The lawyers also called BS on WPP’s argument that the release of the DVD would endanger JWT’s advantage over its competitors. In their letter, they wrote that Johnson told both Martinez himself and global head of HR Laura Agostini that she had “safeguarded” the offending portion of the video in the interest of protecting JWT.
They also denied that the video included any detailed information on the Pioneering Process, noting that it “provide[s] no details or explanation regarding defendants’ practices or methodologies.”
Expect the back-and-forth to continue as WPP tries to minimize the damage from Johnson’s suit.
In yet another update, incoming CEO Tamara Ingram praised Martinez in an internal email yesterday, writing, “There is no doubt that Gustavo and the leadership team have created real momentum. I am sure many of you would like to join me in thanking him for the enormous energy and commitment he put into the Agency.”
For one reason or another, the law firm of Vladeck, Raskin & Clark has declined to respond to us and Adweek though we have reached out to them every day since the suit was filed last week.
They have chosen instead to continue leaking information to Campaign and AdAge.
[Image via The Drum]