Editor’s note: this post was originally published on 09/07/2017. It has been updated to reflect further developments.
Immigration law generates few malpractice claims, but Am Law 200 member Ogletree, Deakins, Nash, Smoak & Stewart incurred a big one when a jury awarded nearly $1.8 million to a former Emmy-award winning producer, who alleges that she lost her visa due to forgery by an Ogletree attorney.
Background
According to Daily Report Online, Karen Bass is a British citizen who was hired by National Geographic in 2011 to produce its “Wild Americas” TV series, and later promoted to vice president for natural history projects.
Her duties required frequent travel to the US, which in turn required her to obtain a visa. She applied for a specialty visa – 0-1B – which the U.S. Citizenship and Immigration Services describes as being for “individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.”
Bass retained Attorney Brandi Knox, then with Littler Mendelson, to help her get the specialty visa, which had to be re-applied for annually. Knox obtained the visa in 2011, and Bass retained Knox to renew it when the attorney moved to Ogletree in 2012.
Knox obtained the visa for Bass in 2012, 2013, and 2014, submitting a petition packet each year that purportedly included the signature of Megan Edwards, National Geographic’s General Counsel.
However after the petition was approved in 2014, the State Department’s Kentucky Consular Center, which oversees petition-based visas, contacted Edwards to clarify employer information on Bass’ petition.
Edwards told the State Department that the signatures on Bass’ application and renewal forms were not hers, and she had not authorized anyone to sign for her.
Aftermath
National Geographic fired Bass shortly thereafter, in October, 2014, and her 0-1B visa was taken away.
Bass’s attorney said that Bass has been unable to obtain the specialty visa again, and had to to hire lawyers in the U.S. and London to “try to untangle all this.” She’s “pursuing what work opportunities she can, but she continues to have travel difficulties; it’s still a nightmare.”
She eventually obtained a visitor’s visa through a London firm, and returned to the US to finish work on “Wild Yellowstone.” However, her firing “greatly damaged her in the filmmaking community,” according to her attorney. “Our immediate concern is restoring Ms. Bass’ reputation.”
Attorney’s Response
According to the lawsuit, When Bass contacted Knox after she was fired, the lawyer told her that “she a power of attorney to sign the visa application and renewal petitions,” although no such authority existed. (Note: typo presumably in complaint.)
Further, Knox’s emailed the State Department in November, 2014 that there had been a “misunderstanding regarding the signatory.”
Malpractice Suit
Bass filed a four-count complaint – case# 16EV005327 – against Knox and Olgeltree in Fulton County (GA) State Court on 11/7/16, alleging legal malpractice, breach of fiduciary duty, negligent misrepresentation, and fraud. She sought compensatory and punitive damages.
The complaint alleges that Knox admitted to having forged Edwards’ signature, and that on each document purportedly signed by Edwards, Knox had used a different pen and date from those she used for her own signature and “disguised her handwriting to mimic that of Ms. Edwards.”
Law Firm Response
The Ogletree firm and attorney Knox, who according to her linkedin profile, left the firm for Nelson Mullins Riley & Scarborough in September, 2016, are being represented by Carlock, Copeland & Stair.
“We have reviewed the complaint and the firm will answer and defend the claims,” the firm’s defense counsel told the Daily Report Online. “While we have just begun our defense, we expect to prevail.”
The firm filed a Motion for Summary Judgment on 11/10/17, but it was denied.
Trial
The parties were unable to settle the matter, so a jury trial, which took seven days, was held in March, 2018.
Plaintiff’s Case
Litigation Daily reported that Plaintiff’s counsel, Linley Jones, argued that Karen Bass lost her job with National Geographic because of “falsehood and forgery”, as well as a lack of oversight by Knox’s superiors at Ogletree, which did “real damage,” costing Bass not only her National Geographic job, but also other projects.
“Some projects never got made,” said Jones, and National Geographic has still not rehired her, although she is well regarded there.
Jones asked the jury to award Bass award compensatory damages of more than $3 million, plus punitive damages.
Defense
Litigation Daily reported that Ogletree’s lead defense counsel, Joe Kingma, told the jury that Attorney Knox had made “mistakes”, and the firm was willing to pay Karen Bass ”reasonable” damages for several months when she was unable to get a visa and out of work, as well as for her “aggravation”.
However, he argued that Bass shouldn’t receive a windfall of millions of dollars for Knox’s mistakes. Knox simply signed the petition on Edwards’ behalf and filed it. After moving to Ogletree, she continued to sign Edwards’ name for the next three years when the visa had to be renewed.
“This was a misunderstanding, not some capital crime,” said Kingma. “She didn’t take any money. She made a mistake.”
He criticized plaintiff’s description of Knox’s actions as “forgery”. “You’ve heard a lot about forgery in this case,” said Kingma, “Why are they calling it forgery?…to demonize Brandi (Knox); she wants you to think she’s a horrible person.”
He also argued that National Geographic was undergoing serious financial difficulties between 2012 and 2015, including three separate layoffs, and had indicated to Bass—one of its higher-paid employees—that she may be let go.
The defense also challenged Bass’ damage claims, arguing that she has worked for other outlets since leaving National Geographic, and that her reputation was apparently unharmed, as she has since won an Emmy award and been inducted into Britain’s Royal Geographical Society.
Defense counsel suggested an award of 84,298 British pounds (Bass’s salary was paid in pounds) – about $118,856 at the current exchange rate – for Bass’ lost wages, and $50,000 for her aggravation.
Jury Verdict
The jury awarded Bass $565,000 in general damages and 499,000 pounds for past and future lost wages – about $706,700 at the current exchange rate – plus $550,000 in attorney fees and unspecified punitive damages, which turned out be $125,000, following a separate trial on March 23rd.
The jury apportioned 2 percent of the liability to Bass.
Plaintiff’s counsel said she also will seek about $250,000 in post-judgment interest, because the defendants turned down an offer to settle the case.
Plaintiff’s Response
Bass’ attorney Linley Jones said her client was vindicated. “We feel great. We think this establishes for Ms. Bass the wrongdoing by Ogletree Deakins. It speaks volumes for what she went through.”
FURTHER READING