Portfolio Manager’s Gender Discrimination and Breach of Contract Claims Survive Dismissal of Retaliation Claim

In early 2018, distressed debt specialist Sara Tirschwell filed a civil complaint against TCW Group Inc. (TCW Group); TCW LLC (TCW); TCW Group’s president and CEO David Lippman; and TCW Group managing director Jess Ravich in New York State Supreme Court, New York County (Court). Tirschwell, who is seeking more than $30 million in damages, claimed that Ravich, her former boss, coerced her into a sexual relationship while she was developing a distressed debt fund for TCW and that TCW fired her in retaliation for reporting his alleged misconduct. The Court recently issued a decision and order granting partial summary judgment to the defendants; dismissing three of Tirschwell’s five claims – including her retaliation claim; and holding that the remaining claims can proceed to trial. This article details the relevant evidence presented by the litigants and the Court’s reasoning. For discussion of the complaint, see “Portfolio Manager Accuses Former Employer and Supervisor of Retaliation for Reporting Sexual Harassment” (Feb. 15, 2018). See also “HFLR Program Looks at Recent Developments and Trends in Employment Law Relevant to Fund Managers” (Jul. 26, 2018).

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