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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