Littler Mendelson PC has settled a lawsuit brought by a former Swiftly Systems Inc. executive who claimed she was suspended and fired after the company acted on the firm’s allegedly unlawful legal advice, according to a dismissal order filed Tuesday in New York federal court.
U.S. District Judge Katherine Polk Failla confirmed the settlement in principle and dismissed the case with prejudice and without costs. The judge gave the parties 60 days to finalize the agreement or allow plaintiff Jiin Ko to request the case be reopened if the settlement falls through.
The terms of the deal were not disclosed. Attorneys for the parties have not responded to requests for comment.
Ko, a Korean American executive, sued Littler, Swiftly, and CEO Henry Kim in March 2025, alleging she was retaliated against after reporting Kim’s sexist and bigoted remarks. She said Littler advised Swiftly to place her on administrative leave and, ultimately, to terminate her.
“The Littler defendants were not merely providing legal advice; they counseled their client to break the law,” Ko wrote in a filing last month, arguing that legal advice is not protected when it crosses into encouraging unlawful conduct.
According to the lawsuit, Ko joined Swiftly in 2023 as chief people officer and was later tasked with CFO and IT responsibilities, without added compensation. She accused Kim of making derogatory remarks about women, Koreans, and working parents—claiming he once said he’d rather move the company to Korea than comply with U.S. civil rights laws like the Pregnant Workers Fairness Act.
After Ko formally complained to Kim in September 2024, he threatened her with suspension unless she withdrew the complaint. When her attorney sent a letter to Littler in November, Swiftly placed her on indefinite leave. Days before her termination was set to take effect in March, she filed suit.
Judge Failla granted a preliminary injunction ordering Swiftly to reinstate Ko by March 27. Swiftly appealed, but the Second Circuit declined to pause the order during the appeal process.
Swiftly maintained Ko was let go to reduce executive costs, given the presence of another HR leader. Littler argued Ko’s lawsuit was an overreach, saying it did not employ her and acted only within the bounds of its advisory role.
Ko is represented by Sanford Heisler Sharp McKnight LLP attorneys Jeremy Heisler, Russell Kornblith, Kate MacMullin, and Miranda Katz.
Baker Botts LLP represents Swiftly and Kim, while Littler Mendelson’s in-house counsel Jean L. Schmidt, Ivie A. Serioux, and Sara A. Elgndy represent the firm.
Case: Jiin Ko v. Swiftly Systems Inc. et al., case number 1:25-cv-01833, U.S. District Court for the Southern District of New York.
