Alina Habba (headshot from Habba Madaio LLP)
WTF, ALINA!
No, significantly, WHAT THE FUCK?
Yesterday, Alice Bianco, a former server at Trump’s Bedminster golf membership, sued the membership in New Jersey state courtroom looking for to void a non-disclosure settlement she signed three years in the past to settle a sexual harassment declare. She’s represented by Nancy Erika Smith, of Smith Mullin, the employment lawyer who secured a $20 million settlement for Gretchen Carlson from Roger Ailes and Fox Information.
Bianco alleges that she started working on the Trump membership in Could of 2021, as a 21-year-old, and was sexually harassed and coerced into quid professional quo intercourse with the meals and beverage supervisor, Pavel Melichar. In July of that yr, a number of ladies knowledgeable “a member of Donald Trump’s private employees” in writing about Melichar’s habits, and Bianco employed counsel to characterize her in any resultant employment motion.
On July 28, 2021, because the plaintiff was ready tables on her morning shift, Trump’s present lawyer Alina Habba approached her:
Ms. Habba instructed Plaintiff that she “had heard” about what was happening and wished to “assist her”. Ms. Habba acted as if Ms. Bianco was her pal and that she [Habba] was very involved about Plaintiff. Plaintiff instructed Ms. Habba the identify of her lawyer. Fairly than adjust to the Guidelines of Skilled Conduct (“R.P.C), particularly the prohibition on speaking with an individual who’s represented by counsel concerning the subiect of the illustration whereas actively engaged on behalf of the pursuits of an hostile celebration. Habba inspired Plaintiff to fireplace her lawyer, saying: “you understand you’ll be able to hearth [Plaintiff’s lawyer at the time], proper?”
After getting her cellphone quantity, Habba texted Bianco unfavourable details about her then-counsel and “fomented mistrust between Plaintiff and her lawyer, advising Ms. Bianco that she ought to merely ignore her attorneys’ texts, emails, and calls.” Inside days, Bianco was unrepresented.
Someway the least shocking a part of that is that Habba drives a g wagon.
However the MPRE concern spotter was simply getting began!
Calling herself a “impartial” third celebration, Habba supplied to dealer a settlement between “two actually good pals,” i.e., Bianco and Donald Trump.
On August 5, Habba met Bianco within the parking zone of the membership throughout her 15-minute lunch break:
Once they met within the Ms. Habba’s automobile, Habba knew all about Plaintiff’s claims and alluded to details that might be used to publicly embarrass Plaintiff, saying “you don’t wish to go public with this, I’ve been raped, I can assist you, I can shield you.” Ms. Habba instructed Plaintiff
that “attorneys wish to take management from you” and that “along with your past- possibly you may get [a paltry sum].” Ms. Habba mentioned that every one Ms. Bianco must do was signal a “easy” NDA and Habba would ensure that Plaintiff was “protected”.
On August 11, Bianco signed a non-disclosure settlement drafted by Habba and notarized by Habba’s legislation accomplice Michael Madaio, who additionally represents Trump. In keeping with the criticism, Bianco neither reviewed the doc earlier than signing it nor was offered a duplicate afterwards. She alleges that she was “fraudulently induced” to signal the settlement, which described each events as unrepresented and presupposed to be “ready by a impartial legal professional representing neither celebration.”
In alternate for a sum described as “paltry,” Bianco agreed to forfeit your complete settlement and pay liquidated damages of $1,000 per day if she mentioned the sexual assault and harassment claims. The membership’s normal supervisor Dave Schutzenhofer countersigned the settlement, and the membership paid the settlement.
Shortly after, Habba changed Trump’s longtime legal professional Mark Kasowitz as lead counsel within the E. Jean Carroll defamation go well with.
Because the criticism factors out, below New Jersey’s Civil Rights legislation “A provision in any employment contract or settlement settlement which has the aim or impact of concealing the small print referring to a declare of discrimination, retaliation, or harassment (hereinafter known as a ‘non-disclosure provision’) shall be deemed towards public coverage and unenforceable towards a present or former worker (hereinafter known as an ’worker’) who is a celebration to the contract or settlement.”
To make issues worse, Habba allegedly instructed Bianco that your complete settlement can be untaxed revenue. When Bianco went to file her taxes, she found that was not the case. After reaching out to Habba, she was rebuffed with a textual content saying “I can’t technically provide you with authorized recommendation.”
All of which appears to be like actually, actually dangerous. On the plus aspect, Habba just isn’t a named defendant on this case. On the minus aspect, there are two full pages describing the New Jersey Guidelines of Skilled Conduct she’s alleged to have violated, and the plaintiff requests that the courtroom refer Habba and Habba Madaio & Associates to the Workplace of Legal professional Ethics.
Bianco would additionally wish to have the NDA formally voided and an injunction on her former employer looking for to implement it.
“Habba used the unethical silencing of my shopper, Ali Bianco, as a method to propel herself into Trump’s inside circle,” Smith instructed Politico. “Her habits was predatory. Pretending to be ‘impartial’ when performing on behalf of 1 celebration is clearly unethical.”
“I all the time conduct myself ethically and acted no otherwise on this circumstance,” Habba instructed the Politico.
In fact, she is going through $1 million of sanctions in a Florida courtroom after steering her shopper right into a preposterous RICO lawsuit towards Hillary Clinton, James Comey, and half of DC so … think about the supply.
Former N.J. Trump golf membership employee says she was sexually harassed, tricked into signing NDA [Politico]
Liz Dye lives in Baltimore the place she writes the Legislation and Chaos substack and seems on the Opening Arguments podcast.
