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Douglas H. Wigdor [email protected] May 3, 2017 VIA EMAIL AND FEDERAL EXPRESS Ms. Sharon White Chief Executive, Ofcom Riverside House 2a Southwark Bridge Road London SE1 9HA Re: Claims Against Twenty-First Century Fox, Inc., et al. Dear Ms. White I am a founding partner of Wigdor LLP, a New York City based employment litigation firm. Over the course of the last twelve months, our firm has had the privilege of representing 19 current and former employees of Twenty-First Century Fox, Inc. (“21st Century Fox,”) and Fox News Network LLC (“Fox News”) (together with 21st Century Fox, “Fox” or “the Company”) in connection with their claims of gender and/or race discrimination, harassment, and retaliation. I understand that Ofcom is currently reviewing and investigating 21st Century Fox’s potential takeover of Sky PLC and determining whether such transaction would meet the “Public Interest Test,” which includes corporate governance under the rubric of Broadcasting Standards. While I am a New York lawyer, I am also qualified to practice in Her Majesty’s Courts of England & Wales and received my Master’s Degree from Oxford University in 1995 (St Cross College). Given my background and representation of clients against 21st Century Fox, I believe I am uniquely qualified to offer facts that Deadline.commay be relevant for your consideration in connection with Section 3(3) of the Broadcasting Act. Once you have had an opportunity to consider this correspondence, I would welcome the opportunity to meet with you in person to discuss more fully these issues and answer any queries you may have. I. My Background and the Background of Wigdor LLP In 1990, I received my undergraduate degree from Washington University in St. Louis, Missouri, after which I received a Master’s Degree from Oxford University and my Juris Doctor Degree from Catholic University School of Law, in Washington, D.C. I am admitted to practice law in various state and federal courts throughout the United States, including the United States Supreme Court, and am a frequent author and lecturer on employment law and related subjects, including multiple lectures at Oxford and Cambridge Universities. Ms. Sharon White May 3, 2017 Page 2 My legal career has included a federal clerkship with United States District Court Judge Arthur D. Spatt, a stint as a prosecutor in the Suffolk County, New York District Attorney's Office, and as a senior lawyer and head of the international employment practice at Morgan, Lewis & Bockius, a preeminent global law firm with nearly 2,000 lawyers. It was at Morgan Lewis that I met the late Kenneth P. Thompson, my former law partner and former Kings County, New York District Attorney. Ken and I founded Wigdor LLP f/k/a Thompson Wigdor LLP in February 2003. Since that time, Wigdor LLP’s practice has been focused primarily on representing employees in discrimination, retaliation, whistleblower and wage & hour litigation. We routinely try cases to verdict, and have achieved some of the largest multi-million dollar verdicts in New York on behalf of our clients. We have also had the good fortune to represent Nafissatou Diallo against the then- presumptive future President of France, Dominique Strauss Kahn and several women who were sexually assaulted by their Uber drivers. Our cases have routinely appeared in the Times, the Guardian, and the Telegraph, and I have appeared several times on British television and radio in connection with a number of our cases. II. Our Representation of Current and Former Employees of 21st Century Fox and Various Subsidiaries A. Juliet Huddy As has been widely reported, our Firm represented Juliet Huddy, a former Fox News Contributor and Fox5 Anchor. See https://www.theguardian.com/media/2017/jan/10/bill-oreilly-sexual- harassment-juliet-huddy-fox-news; https://www.nytimes.com/2017/01/10/business/media/bill- oreilly-sexual-harassment-fox-news-juliet-huddy.html; https://www.nytimes.com/2017/01/10/business/media/bill-oreilly-sexual-harassment-fox-news- juliet-huddy.html. The media reports regarding Ms. Huddy’s allegations were published in January 2017. Id. We are not at liberty to comment further on the Huddy matter. Three months after media reports were published concerning Ms. Huddy, it was reported that Mr. O’Reilly and/or 21st CenturyDeadline.com Fox had paid approximately $13 million in settlements to women alleging that they were harassed and sexually harassed by Mr. O’Reilly from the early 2000s though the present. See https://www.nytimes.com/2017/04/01/business/media/bill-oreilly-sexual- harassment-fox-news.html. Despite being aware of this information, the 21st Century Fox’s Corporate Governance team made a conscious decision to renew Mr. O’Reilly’s contract at the same time it was being disclosed to the public through the media. See http://thehill.com/homenews/media/326953-fox-news-renews-oreilly-contract-report. It was not until the O’Reilly scandal began to cost 21st Century Fox advertisers – well over a decade after the first allegations against Mr. O’Reilly were lodged – that the Company finally decided it was time to part ways with him. See https://www.nytimes.com/2017/04/19/business/media/bill-oreilly-fox- news-allegations.html. Even then, according to sources, they paid Mr. O’Reilly approximately $25 million to leave. See http://money.cnn.com/2017/04/20/media/bill-oreilly-millions-payout/. Ms. Sharon White May 3, 2017 Page 3 The manner in which 21st Century Fox handled years of allegations against Mr. O’Reilly is very similar to the way it handled the dozens of individuals who have alleged sexual harassment at the hands of the former Chief Executive Officer of Fox News, Roger Ailes. The allegations against Mr. Ailes began to surface following a lawsuit filed by former Fox News host Gretchen Carlson. As summarized by Letitia James, New York City’s Public Advocate, in her letter to United States Regulators: It is telling that within two weeks of Ms. Carlson’s lawsuit being filed, the law firm retained to conduct an investigation was able to speak with at least six other women who described similar behavior from Mr. Ailes. Had Fox News cared to conduct even a cursory investigation before bad publicity made it essential that it do so, it would have uncovered these claims and others from women and people of color who suffered workplace harassment. The fact that only a very public lawsuit from one of the network’s most recognizable stars triggered this investigation suggests that Fox News lacks proper internal controls to ensure compliance with federal and state labor laws. Ex. A (emphasis added). As described below, we believe that 21st Century Fox’s Corporate Governance team engaged in the same cover up of unlawful discrimination committed by former Fox News Comptroller Judy Slater as it did with regard to the unlawful acts allegedly committed by Messrs. O’Reilly and Ailes. B. 21st Century Fox Permits and Covers Up Race Discrimination at Fox News We currently represent 13 current and former employees of 21st Century Fox who have experienced egregious race discrimination throughout their employment with Fox News: Adasa Blanco, Tichaona Brown, Tabrese Wright, Monica Douglas, Kelly Wright, Musfiq Rahman, Wasim Rafick, Mark Legrier, MarielaDeadline.com Lindsay, Vielka Rojas, Griselda Benson, Mauretta Thomas and Senami Tolode. Their claims, which include, inter alia, being subjected to myriad racist comments, disparate pay and a “glass ceiling” when it comes to career advancement, are described in great detail in the Complaints attached as Exhibits B and C. The first of our clients to file a lawsuit against 21st Century Fox were Ms. Brown and Ms. Wright, who filed litigation against 21st Century Fox, Fox News and former Senior Vice President and Controller, Judith Slater on March 29, 2017. See Ex. D. The Complaint filed by Ms. Brown and Ms. Wright described a litany of incredibly racist comments made by Ms. Slater. Immediately prior to commencing this action, Wigdor LLP placed Fox on notice of the potential lawsuit, as well as Ms. Slater’s racist conduct. Fox’s public relations machine went into full gear. In an effort to get out ahead of the lawsuit and pretend to care about the discriminatory conduct committed against its Black employees, we believe that 21st Century Fox leaked some of the allegations Ms. Sharon White May 3, 2017 Page 4 contained in the Complaint to the press. In a transparent attempt to avoid negative publicity and salvage its reputation, Fox terminated Ms. Slater and issued the following statement: “We take any complaint of this nature very seriously and took the appropriate action in investigating and firing Ms. Slater within two weeks of this being brought to our attention.” See http://variety.com/2017/tv/news/fox-news-comptroller-judy-slater-1202016012. This claim was completely false and designed to cover up the truth. Ms. Slater was not terminated because she engaged in discriminatory conduct – as with Mr. O’Reilly and Mr. Ailes, Fox was willing to let her get away with that for years. Rather, Ms. Slater was terminated because Fox knew that the facts of Ms. Brown’s and Ms. Wright’s Complaint would become public and wanted to salvage its reputation. Shortly after the initial complaint was filed, Ms. Brown and Ms. Wright amended their complaint to add the claims of employee Monica Douglas, who also alleged that she was subjected to a racially hostile work environment at Fox. See Ex. E. Importantly, Ms. Douglas revealed that Fox was on notice of Ms. Slater’s racial bigotry from as far back as 2014. Indeed, in November 2014, Ms.