WPP is demanding further
action by the New York State Supreme Court Judge hearing the wrongful termination suit by former WPP Media (FKA GroupM) executive and purported whistleblower Richard Foster.
Foster has alleged that
WPP terminated him after he complained to senior executives at the company that it was systematically misappropriating media rebates that belonged to clients.
advertisement
advertisement
Earlier this month in
court papers Foster outlined a previously undisclosed investigation by client Sony that exposed a rebate scheme that cost clients hundreds of millions of dollars in China and possibly elsewhere.
While WPP has not disputed the accuracy of Foster’s disclosures, it has asserted that Foster obtained the Sony report by inappropriate means
and that all references to it be sealed. The company alleges that Foster and his legal team knew it was unlawful to disclose the Sony probe and separate confidential discussions that Foster had with
senior lawyer Nicola McCormick.
In a follow-up motion for oral argument, WPP is now arguing that redacting and sealing those references are not “workable options” to
address the harm it has suffered and could suffer in the future.
In addition to dismissing Foster’s amended complaint “with prejudice,” WPP wants monetary sanctions imposed on
the plaintiff as well as the dismissal of the law firm, the Brewer Firm and its legal team from having anything more to do with the case.
WPP is also demanding that Foster be ordered to
disclose how he obtained information about the Sony investigation, “including when and how it was obtained, its source, all persons who received or reviewed it, and whether and to whom it was
further disseminated.”
William A. Brewer III, partner at Brewer, Attorneys & Counselors and lead counsel to Foster, issued a statement in response to the WPP motion:
”Mr. Foster believes that WPP’s motion lacks merit. As the amended complaint makes clear, Mr. Foster repeatedly reported what he reasonably believed to be a systemic
problem in WPP's trading practices. He alleges that doing so led to his being terminated. The amended complaint provides ample support for his claims. He is confident that he will
prevail.”
This story has been updated.