Former Big Law Partner Issues Defamation Claim Following Sexual Harassment Allegations
A sexual harassment case brought by Jennifer Baccanello, a 33-year-old foreign lawyer at Hong Kong’s largest law firm Deacons, against former Deacons partner Stefano Mariani has been discontinued in Hong Kong’s District Court, with Mariani starting a defamation claim against her.
The Court has also set aside the Anonymity Order granted to Baccanello in October 2023.
Mariani has now initiated the defamation proceedings against both Baccanello and her husband concerning emails sent to various recipients in the legal community between January and August 2023.
The case set the Hong Kong legal community talking and reportedly also adversly affected Mariani’s legal career. He moved to Baker McKenzie in 2023 before leaving the firm.
In his decision, Judge Leong at the Hong Kong District Court determined that Baccanello did not fully disclose all material information when seeking the Anonymity Order.
After reviewing their WhatsApp messages, the judge concurred with the defense that the messages indicated a consensual romantic affair that ended by mutual agreement. The messages did not provide clear evidence of improper conduct by either party.
“However, by my plain reading on the face of these messages within the whole context, I agree with Mr. Bartlett [Mr Mariani’s barrister] that they appear to show that this was simply a romantic affair, entered into freely and consensually, and it ended by mutual agreement because of various factors (including perhaps a mismatch of expected level of commitments). Importantly, at least on the face of these records, I find no obvious evidence of any accusation of improper conduct of any description by either party.”
As Baccanello discontinued her action, she must pay all of Mariani’s legal costs. Mariani is represented by Jeremy Bartlett SC and Fergus Chan, instructed by Bowers Law, which will also represent him in the defamation suit. Baccanello was represented by Elizabeth Herbert of Pegasus Chambers, instructed by Hugill & Ip, which is also defending her in the defamation suit.
The case began in 2023 when Baccanello accused Mariani of sexual harassment while they worked together at Deacons.
Deacons’ investigation of the claims found that “there were insufficient evidence or grounds to support [Ms Baccanello’s] claim for sexual harassment” against Mr Mariani, and Ms Baccanello confirming in writing “her agreement and understanding” to Deacons’ conclusion.
An internal investigation found no evidence of sexual harassment, and Baccanello signed a document acknowledging this. However, the allegations created an unpleasant environment, leading Mariani to leave Deacons and join LawFuel prestige law list firm Baker McKenzie. When the claims went to court and became public, Mariani was forced to leave Baker McKenzie also.
Deacons stated they are committed to a supportive and inclusive workplace, handling grievances fairly and equitably.
