Above the Law claims,

1. An email was sent around Cravath last week about the presence of bed bugs at the firm.
2. A few bedbugs were found on two floors, the 21st floor and the 41st floor, which are being fumigated.
3. Two employees had bedbugs in their apartments and told the firm, which caused the firm to investigate.
4. The 21st floor is a paralegal / administration floor, but the 41st floor is a litigation floor — which means that one of the two employees may be a lawyer.
6. Both of the employees are still with the firm (i.e., they have not been fired, like the poor soul at Cadwalader who, rumor has it, got canned after self-reporting).
7. The email about the bed bug problem was protected against forwarding or copying.

Apparently ATL did not do so well at math, as they left out #5. (I bet they billed for it anyway!)

But we’ll forgive them, since this is pretty juicy stuff they’re dishing.

Anyway, I would not blame those in the NYC legal profession for getting a bit nervous, seeing two of their bright stars come down with bed bugs. But let’s face it: any type of workplace or residence can become home to bed bugs.

Educating employees on what to watch out for, at home and at work, would be a good idea.

Here’s a hint: developing a workplace policy that says people who tell you they have bed bugs at home won’t get sacked might mean employees are more forthcoming.

• Cadwalader, Wickersham, and Taft’s alleged bed bugs, part two
• NYC office of Very Important International Law Firm has bed bugs
• Fox NY claims it became infested with bed bugs “a few weeks ago”; tipster tells Gawker they fired employee who brought them in
• Covington, Kentucky IRS building infested with bed bugs

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UPPER WEST SIDE—It seems there is a little detail about the condo conversion at 30 Lincoln Plaza that may have been overlooked: “You failed to mention that the building is infested with bed bugs…the management has confirmed this and is handing out pamphlets and they have even had a bedbug sniffing dog in some apartments..who knew! I would think this situation is going to really boost sales on those $1,185,000 647 sq/ft one bedrooms.” Bedbug sniffing dogs?!? Excellent. [CurbedWire Inbox]

While it’s always surprising to find out another building has bed bugs, it’s a good thing that the building management is aware and is taking action. I hope they undertake aggressive treatment throughout. (Imagine, hypothetically, the legal activity that would ensue if some units were infested but did not identify the presence of pests, were not treated, and were sold infested.)

This item from Curbed.com reminds me that a lot of the interesting bed bug “news” in the last four days has been leaked via gossip blogs: legal gossip, real estate gossip, ivy league college gossip (although this one probably had another itchy culprit).

Unlike “real” news–which is covered in the newspapers, and on TV and radio–like the spread of MRSA drug-resistant staph bacteria, which tragically killed a 7th grader in Brooklyn, bed bugs aren’t yet confirmed to cause disease and death. They have been unofficially confirmed to cause distress, stress, anxiety, sleeping trouble–and in rare cases, allergic reactions so severe they can kill. But nothing compared with the threat of deadly MRSA. I saw an ABC news segment here in NYC Friday night–kids at the school that youngster attended, were carrying bottles of purell, and startled parents and teachers were looking on in amazement as they reported washing their hands after using the lavatory (ABC7 produced multiple clips in which the students admitted this was new behavior.) The segment also featured a poster on the door of the school, and though it was not shown close-up, I am pretty certain it warned that the school had been exposed to MRSA and that people had to take precautions not to catch it.

Since bed bugs aren’t on the same level of threat, the reasoning seems to go, we don’t need to actually warn people about bed bugs in specific locations. And so “bed bug reports” are confined to the realm of gossip blogs.

Yes, it is true that hotels, real estate developers and brokers, restaurants, theaters and other businesses that are reported to have bed bugs in the mainstream media, will face worried customers and may lose business. The hotel industry in NYC, in particular, will be hard hit. One can only assume Mayor Bloomberg chooses to avoid confronting and admitting the true number of infested homes and businesses in this city (which I first considered in this post), because it would scare off tourists, who contribute so much to the city, as well as negatively affecting real estate, and maybe even how people spend their leisure time (and money).

But it does not follow that if we do not discuss bed bugs, publicly, then they will go away. The opposite is true: as long as businesses are in denial, or putting up a bed-bug-free front, the problem will keep spreading at an alarming rate, and eventually, I believe, the hit on businesses will be greater.

• Maya Rudolph’s former loft (again): bedbugs ADD value!
• Bed Bug Helloise is shocked…
• The strange case of bed bugs in Bushwick
• Craigslist Clinton Hill apartment ad, “must tolerate bed bugs”

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Having heard nothing since then, I was glad to see that yesterday the New York Observer (in their 10/23 online and 10/29 print edition) re-told the bed bugs at Cadwalader story, that the Wall Street Journal’s WSJ.com law blog (housed in the same building as Cadwalader!) covered the Observer’s coverage. After all, the more people realize you can have bed bugs at work–even in very classy workplaces–the better.

The Observer’s David Lat also edits the online legal tabloid AbovetheLaw.com, where we picked up the original leaked-memo bed bug story. We missed this, but on October 3rd, Above the Law also covered a second report of bed bugs in the same offices, this time on the 20th floor:

It is believed that said bedbug infiltrated the premises through a delivery or box shipment. Perhaps it was hidden in a document production from opposing counsel?

While this is entirely possible, since bed bugs had previously been found in the same building, I would not be surprised if other locations in the building were infested. Maybe (gasp!) the blamed employee was fired for nothing. It is very difficult to locate blame for a bed bug infestation.

And remember, the original memo made this claim:

“A single treatment by an exterminator usually controls bed bugs and prevents reinfestation for several months.”

Perhaps one treatment was not enough.

In October, management was more careful to avoid the leaked-memo scenario:

Attorneys were notified of this breach in CWT’s bed bug security via email. We haven’t seen the email message, which we understand was protected against forwarding, printing, or copying.

Too bad. The first memo was fascinating.

• NYC office of Very Important International Law Firm has bed bugs
• Covington, Kentucky IRS building infested with bed bugs
• Harvard dorm treated for scabies–but what was it really? Also, bed bugs at Columbia?
• Another top NYC lawfirm gets bed bugs

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In it, he describes the treatment, and repercussions meted out to the alleged source of the infestation.

Oh, and the Chairman also says they don’t have “an infestation.” Whatever that means.

The memo contains some strange claims, including assertions that:

a) “A single treatment by an exterminator usually controls bed bugs and prevents reinfestation for several months.”

Not so, assuming traditional methods (sprays, powders and the like), most cases require multiple treatments.

b) Treatments occurred on June 18th, again the next morning, and again a week later (based, apparently on additional bed bug sightings in the same area.

This is odd, since the memo also rightly admits it is normal to see some bed bugs after the first treatment. Why did they keep spraying before the expected 10-day follow-up?

c) “They do not show themselves during daylight hours, only at night in the dark.”

That’s not necessarily true.

d) “[Name of PCO firm] has said that it is very unlikely that these bugs could be transmitted to your home. However, for the next several days, please closely examine your clothing and any materials you take out of the office.”

it’s definitely possible you brought them home. And be vigilant for several months or more, since one or two bugs can establish themselves in time. You may not be allergic and so you may not feel bites; in such circumstances, you might not notice visible evidence of bed bugs for many, many months. Until they are everywhere and you are seeing them in the daytime.

e) “Note also that [name of PCO] has assured us that [name of law firm] does not have any infestation and will continue to proceed with an aggressive course of action to remedy the situation.”

Um, how many bed bugs do you think you have to have, to have an infestation?
Because I’d say you do have one.

f) Oddly enough, they think they know the original source of the bed bugs:

“During the course of the extermination, a box was identified as the source of the bugs and was immediately removed from the premises.”

Possible, but really? Can you be sure the bed bugs came from the box?

g) And finally, most distressingly, this statement:

“The individual who we believe brought the insects into the firm came forward on Tuesday, June 19, and is no longer associated with the firm.”

We don’t know the details. Assuming this employee was fired only for allegedly bringing bed bugs into the firm, and assuming this person did not intentionally or knowingly bring the bed bugs in, perhaps s/he has a good case for wrongful dismissal. I really, truly hope so. That would be a bed bug lawsuit I could get behind. Because even if the employee brought the bed bugs in, it is quite possible s/he did so unknowingly.

Oddly enough, it may take months for the other employees to get that. But when some of them unknowingly take bed bugs home, they will understand that the blame game does not work with bed bugs.

This is the first time I have heard of anyone being fired because of bed bugs. Things are starting to get really ugly.

• Covington, Kentucky IRS building infested with bed bugs
• Cadwalader, Wickersham, and Taft’s alleged bed bugs, part two
• Fox NY claims it became infested with bed bugs “a few weeks ago”; tipster tells Gawker they fired employee who brought them in
• Another top NYC lawfirm gets bed bugs

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