By Adam Kerlin

Davis Polk & Wardwell has been hit with a $1.4 million lawsuit by a legal recruiter who claims the firm used information that he provided to hire Martin Rogers, then head of the litigation practice for Asia-Pacific at Clifford Chance, and his litigation team comprising of 17 lawyers.

Alan Metz sued Davis Polk in New York State Supreme Court on Wednesday, saying the firm used information he provided in a conversation about a potential job candidate to hire Rogers. "Upon information and belief, Metz was excluded from the negotiations between Rogers and DP in an attempt to avoid DP's obligation to pay a fee to Metz for his services," the lawsuit said.

After being contacted by the head of an unnamed Wall Street law firm's Hong Kong office to recruit a litigator in June 2012, Metz reached out to Rogers about the job, according to the complaint.

While Rogers did not end up at this firm he gave Metz permission to contact eight Wall Street law firms with offices in Hong Kong to gauge their interest in hiring his litigation group, according to the lawsuit.

Rogers gave Metz confidential financial information about his practice's books, which reported billings of $27 million, and touted recent expansion efforts, according to the lawsuit.

Metz claimed in the suit that he contacted William Barron, the partner in charge of Davis Polk's Hong Kong office, on June 24, describing Rogers without disclosing his name as "head of the largest and highest quality litigation and disputes resolution practice in Hong Kong."

Metz alleged that the information he had provided and the small size of the Hong Kong legal community made it obvious to Barron he was referring to Rogers. At the time, Barron told Metz that Davis Polk wasn't interested in adding a litigation team, the complaint said.

'STUNNING DEVELOPMENT'

Metz notified Rogers of his progress with the firms and that Davis Polk had said the firm was not interested, according to the lawsuit. The relationship continued into the fall of 2012, with Metz making efforts on behalf of Rogers.

On Dec. 13, 2012, Davis Polk issued a press release announcing they had hired Rogers and members of his litigation team, the lawsuit said.

Metz claimed that the announcement proves Rogers was secretly negotiating with Davis Polk while Metz was continuing to negotiate for him with multiple law firms.

"This was a stunning development to Metz who did not know that there had been any direct contact between DP and Rogers," the lawsuit said.

Metz alleged that without his initial communications with Davis Polk, the firm would not have been able hire Rogers and his team, saying they accepted his services by using the information he had provided them.

He is seeking $1.4 million in compensation, a figure based on written contracts negotiated between himself and two of the law firms that had been interested in hiring Rogers.

The case is Alan Metz v Davis Polk & Wardwell, Supreme Court of the State of New York, County of New York, Case No. 651993/2013.

For Alan Metz: Paul Wexler of Kornstein Veisz Wexler & Pollard.For Davis Polk & Wardwell: Not immediately available.

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