EFTA01120466.pdf

PlainSite Legal Document New York Southern District Court Case No. 1:14-cv-05474 Bouveng v. NYG Capital LLC et al Document 40 7O2 View Document View Docket Apra pea,. ofThr*COMp.....Corpecaton IraTnrin Compotre rounextet Cover art 0 MI S Tne. Carp.. CopratonN nfntx oese,ta. Lem more at nacannvewcimnstecee EFTA01120466 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X HANNA BOUVENG, Docket No.: 14-cv-5474 (PGG) Plaintiff, SECOND AMENDED COMPLAINT -against- PLAINTIFF DEMANDS A TRIAL BY JURY NYG CAPITAL LLC d/b/a NEW YORK GLOBAL GROUP, FNL MEDIA LLC, and BENJAMIN WEY, Defendants. X Plaintiff HANNA BOUVENG, by her attorneys MORELLI ALTERS RATNER LLP, complaining of the Defendants herein, upon information and belief respectfully alleges as follows: 1. Plaintiff HANNA BOUVENG is a 24-year-old woman, a citizen of Sweden, visiting the United States on a JI-Visa. Throughout her employment with Defendants, she resided in the City, County and State of New York. 2. Commencing on or about October 1, 2013 until her wrongful termination on or about April 22, 2014, Plaintiff HANNA BOUVENG was employed in Manhattan as Director of Corporate Communications by Defendant NYG CAPITAL LLC doing business as NEW YORK GLOBAL GROUP. Throughout her employment with Defendant NYG CAPITAL LLC d/b/a NEW YORK GLOBAL GROUP, Plaintiff HANNA BOUVENG also worked for Defendant FNL MEDIA LW 3. At all times hereinafter mentioned, Defendant NEW YORK GLOBAL GROUP was and remains a leading U.S. and Asia-based strategic market entry advisory, venture capital and private EFTA01120467 equity investment group on Wall Street that services clients (including Fortune 500 companies and governments) worldwide. Defendant NYG CAPITAL LLC is a company organized and existing under and by virtue of the laws of the State of New York, with its principal place of business in the City, County and State of New York. 4. With access to approximately $1 billion in investment capital, Defendant NEW YORK GLOBAL GROUP has led or participated in more than 250 projects worldwide. Defendant NYG CAPITAL LLC d/b/a NEW YORK GLOBAL GROUP (hereinafter, referred collectively to as "NYGG") employs approximately 110 people globally, including approximately 51 people throughout the United States, approximately seven of whom work in its Manhattan headquarters. Defendant NYGG's annual revenues exceed $25 million. 5. At all times hereinafter mentioned, Defendant FNL MEDIA LLC ("FNL MEDIA") was and remains a division of and/or the wholly-owned subsidiary of Defendant NYGG. Defendant FNL MEDIA LLC is a company organized and existing under and by virtue of the laws of the State of New York, with its principal place of business in the City, County and State of New York. 6. Defendant FNL MEDIA is the publisher of TheBlot Magazine, a digital publication. TheBlot Magazine claims it "brings traditional journalism to the modern day with bright, witty, opinionated content." TheBlot Magazine further explains: "Our name pays homage to that ubiquitous mark found splattered on the desks of old-world authors, a symbol that evokes the power of the written word." TheBlot Magazine has at least six employees. 7. Throughout Plaintiff's employment, Defendants NYGG and FNL MEDIA LLC operated as a single or joint enterprise. Throughout Plaintiff's employment, Defendants NYGG and FNL MEDIA shared the same offices on Wall Street, as well as the same management, ownership, and interrelated operations. EFTA01120468 8. Throughout Plaintiff's employment, Defendants NYGG and FNL MEDIA LLC operated as Plaintiff HANNA BOUVENG's single or joint employer. While Plaintiff HANNA BOUVENG was formally employed by Defendant NYGG, throughout her employment with Defendant NYGG she was assigned by Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY to work for Defendant FNL MEDIA, including on its business development. Throughout her employment, approximately twice weekly, Plaintiff HANNA BOUVENG attended internal meetings with Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY and General Counsel James Baxter and various Defendant FNL MEDIA employees, including Blot Editor-in-Chief Alicia Lu and Blot Graphic Designer Yoni Weiss, concerning Blot Magazine content (which Defendant WEY dictated), budget, and marketing (e.g., use of social media/PR to promote TheBlot.) Throughout Plaintiff's employment with Defendant NYGG, she was also constructively employed by Defendant FNL MEDIA. 9. Commencing approximately 2002 through the present, Defendant BENJAMIN WEY (f/k/a Benjamin Wei and Tianbing Wei) was and remains Chief Executive Officer of Defendant NYGG, the highest-ranking executive, manager, supervisor and employee of Defendant NYGG. 10. Throughout Plaintiff's employment, Defendant BENJAMIN WEY was also Publisher and Owner of TheBlot Magazine, the highest-ranking executive, manager, supervisor and employee of Defendant FNL MEDIA. As Publisher and Owner of TheBlot Magazine, Defendant BENJAMIN WEY dictated and controlled all content disseminated by TheBlot: nothing was published by Defendant FNL MEDIA without WEY's prior approval. 11. Throughout Plaintiff's employment and to date, Defendant BENJAMIN WEY has written and/or re-written and/or edited highly insulting, embarrassing and defamatory articles in TheBlot Magazine under names other than his own, and has written and/or re-written and/or edited -3- EFTA01120469 purported comments to the same articles under names other than his own, in order to attack various individuals and/or entities, including not only Plaintiff HANNA BOUVENG, but also her family, friends, business acquaintances, colleagues, and attorneys. These articles not only constitute defamation, but are also thinly-veiled attempts to: intimidate prospective witnesses; discourage Plaintiff and others from pursuing and/or cooperating with and/or participating in this litigation; and sway any potential jury pool. 12. Throughout Plaintiff's employment, Defendant BENJAMIN WEY routinely boasted: "I'm a very, very powerful man" and "I'm one of the top dogs on Wall Street!" WEY, who is approximately in his mid-`40s, is married to lawyer Michaela Wey (an employee of Defendant NYGG and of Defendant FNL MEDIA), and the father of three children. He is also a virulent sexual harasser and stalker. Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY's office is located in Manhattan at Defendant NYGG's and Defendant FNL MEDIA's shared headquarters. BENJAMIN WEY's residence is also in Manhattan. 13. Throughout Plaintiff's employment, James N. Baxter, Esq. was Executive Chairman and General Counsel of Defendant NYGG, an executive, manager, supervisor and employee of Defendant NYGG. Throughout Plaintiff's employment with Defendant NYGG, James N. Baxter, Esq. was also General Counsel for Defendant FNL MEDIA. Executive Chairman and General Counsel James Baxter's office is located in Manhattan at Defendant NYGG's and Defendant FNL MEDIA's shared headquarters. 14. Throughout Plaintiff's employment, Defendant BENJAMIN WEY's wife Michaela Wey was responsible for bookkeeping, accounting and payroll for Defendant NYGG and Defendant FNL MEDIA. Throughout Plaintiff's employment, Michaela Wey was and remains an executive, manager, supervisor and/or employee of Defendant NYGG and of Defendant FNL -4- EFTA01120470 MEDIA. Michaels Wey's office is located in Manhattan at Defendant NYGG's and Defendant FNL MEDIA's shared headquarters. 15. Throughout Plaintiff's employment, from approximately October 1, 2013 until on or about April 22, 2014, Plaintiff HANNA BOUVENG reported directly to Executive Chairman and General Counsel James Baxter. James Baxter reported and continues to report directly to CEO/PUBLISHER/Publisher BENJAMIN WEY. Defendant NYG CAPITAL LLC d/b/a NEW YORK GLOBAL GROUP and Defendant FNL MEDIA LLC shall hereinafter be referred collectively to as "NYGG." 16. At all times material to this Complaint, the individual officers, directors, executives, managers, supervisors, employees and/or agents mentioned herein, acted within the scope of their duties as officers, directors, executives, managers, supervisors, employees and/or agents of Defendants NYGG. 17. Jurisdiction of the subject matter of this action is established in this Court under Title 28 of the United States Code, Section 1332 (diversity) and the amount in controversy exceeds the jurisdictional requisite. This is the proper venue for this action in that unlawful acts alleged herein were committed within this Court's jurisdiction. GENERAL ALLEGATIONS OF GENDER DISCRIMINATION, OUID PRO QUO SEXUAL HARASSMENT, A SEXUALLY HOSTILE WORK ENVIRONMENT, AND RETALIATION 18. This lawsuit arises out of an ongoing wrongful scheme by Defendants BENJAMIN WEY and NYGG to discriminate against Plaintiff HANNA BOUVENG during her employment with Defendants because of her gender. -5- EFTA01120471 19. This discrimination includes Defendants' systematic subjection of Plaintiff to disgusting and degrading quidpro quo sexual harassment, creating a sexually hostile work environment that was so inappropriate and outrageous that any member of society would take offense, in violation of New York State Human Rights Law and New York City Human Rights Law. 20. During her employment with Defendants NYGG, Plaintiff HANNA BOUVENG was subjected to the flagrantly lewd, vulgar and repulsive sexual advances of the highest-ranking supervisor and manager at NYGG, Defendant Chief Executive Officer/Publisher BENJAMIN WEY. Unfortunately, Plaintiff was repeatedly and consistently subjected to unsolicited sexual propositions and sexual commands, as well as sexual gropings, molestations, assault and battery, as well as stalking. 21. Unfortunately, within Defendants NYGG, a permissive and encouraging environment for gender discrimination and sexual harassment reigns among executives, officers, managers, supervisors, employees and agents of the company because employees fear the wrath of the company's sociopathic leader, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY. 22. This discrimination further includes Defendants NYGG's systematic subjection of Plaintiff HANNA BOUVENG to retaliation for her refusal to submit further to the sexual advances of Defendants' highest-ranking manager and supervisor, Chief Executive Officer/ Publisher BENJAMIN WEY, culminating in her unlawful termination, in violation of New York State Human Rights Law and New York City Human Rights Law. PLAINTIFF'S BACKGROUND AND EMPLOYMENT 23. In approximately March 2012, Plaintiff HANNA BOUVENG earned her B.S. in Media and Communications from Halmstad University in Sweden. During the course of her -6- EFTA01120472 undergraduate studies, Ms. BOUVENG spent a semester abroad studying at Jan May Hong Kong Baptist University and working in Hong Kong. Plaintiff is fluent in Swedish, English and Norwegian, and understands basic German and French. 24. From approximately November 2011 through December 2012, Plaintiff HANNA BOUVENG worked as a Product Manager responsible for advertising sales, negotiations and marketing at Pecto AS in Oslo, Norway. At the conclusion of her employment in December 2012, Sales Manager Liv Ragnhild Meier wrote: Because of her great sales results, !fauna was chosen to work on a new project involving DNB, Norway's largest bank. She solved the challenge excellent (sic) and signed many important clients. Hanna is a positive, ambitious, responsible and effective young lady, and we are very satisfied with the work she has done. Her sales results have been among the best in her sales group, and she has taken new opportunities and challenges very well. I give Hanna my strongest recommendations and best wishes for the future. 25. In approximately January 2013, Plaintiff HANNA BOUVENG came to the United States to pursue her dream of living, working and studying in Ncw York City. Plaintiff enrolled in classes at Berkeley College and worked as a volunteer intern in marketing at Upton Realty Group in Manhattan. 26. In approximately early July 2013, Defendant BENJAMIN WEY invited Plaintiff HANNA BOUVENG to lunch at Capital Grille off Wall Street to discuss internship/employment opportunities in New York. Because Defendant BENJAMIN WEY is 50% owner of Swedish coffee chain F1KA's stores in Manhattan, Plaintiff assumed WEY was going to discuss opportunities at FIKA with her. During the course of this lunch, however, Defendant EFTA01120473 BENJAMIN WEY abruptly told Plaintiff: "What I really want is a girlfriend I can show New York and the world to." Plaintiff responded quickly and unequivocally that she was not interested in a boyfriend, but was looking for a position with a company where she could develop and improve her marketing and communications skills. Defendant BENJAMIN WEY was non-responsive and the lunch ended. 27. However the following day in approximately early July 2013, Defendant BENJAMIN WEY telephoned Plaintiff HANNA BOUVENG and recruited her to work as a paid intern at NYGG reporting to Executive Chairman and General Counsel James Baxter. Because Plaintiff had made it clear that she was only interested in a professional relationship, and because Defendant BENJAMIN WEY had nevertheless offered her the position after learning that was the case, and because she believed working at NYGG would be a good professional learning experience, Plaintiff HANNA BOUVENG accepted the job. 28. On or about July 16, 2013, NYGG's Executive Chairman and General Counsel James Baxter filed J I -Visa paperwork with the United States Department of State reflecting NYGG's hiring of Plaintiff as a paid intern with NYGG commencing on or about October 1, 2013 through on or about February I, 2015. 29. On or about October 1, 2013, Plaintiff HANNA BOUVENG commenced working at Defendant NYGG as Director of Corporate Communications. Plaintiff was paid approximately $2000 monthly and reported directly to Executive Chairman and General Counsel James Baxter, Esq. 30. Commencing approximately October 1, 2013 until she was fired on or about April 22, 2014, Plaintiff HANNA BOUVENG excelled at her job as Director of Corporate Communications at NYGG. Indeed, on repeated occasions, Plaintiff's immediate supervisor -8- EFTA01120474 James Baxter praised Plaintiff's job performance. So did Defendant CEO/PUBLISHER BENJAMIN WEY. 31. During her employment, Plaintiff HANNA BOUVENG was entrusted with the responsibility of representing Defendant NYGG at meetings with top executives of corporations Defendant BENJAMIN WEY wanted NYGG to do business with. At approximately every such meeting where Defendant BENJAMIN WEY accompanied Plaintiff HANNA BOUVENG, Defendant BENJAMIN WEY mentioned that he was also the Owner of Defendant FNL MEDIA's TheBlot Magazine. 32. During her employment, Plaintiff HANNA BOUVENG was further given the responsibility of meeting alone with prospective NYGG clients in Europe. For instance, in approximately late November 2013, Plaintiff HANNA BOUVENG flew to Copenhagen on behalf of Defendant NYGG and met alone twice with Nordics Life insurance company Owner Allan Klotz, his Partner Dovi Steinbeck, and Djurgarden Invest CEO/PUBLISHER Roger Axmon during negotiations where NYGG attempted to acquire Nordica. 33. In approximately mid-March 2013, Plaintiff HANNA BOUVENG flew to Stockholm and represented NYGG at meetings with Emine Lundqvist, Esq. and Magdalena Huber, Esq. of Setterwalls Law Finn, as well as Marianne Ramel, Esq., Mats Borgstrom, Esq. and Peter Ihrfeldt, Esq. of DLA Nordic, to discuss NYGG's infrastructure. Plaintiff also represented NYGG at a meeting with Asa Bringholm and an associate from Forman & Bodenfors (a marketing agency) to discuss NYGG branding and marketing strategy. During this same business trip, Plaintiff HANNA BOUVENG and BENJAMIN WEY met with blogger Janni Deler regarding prospective work writing for Defendant FNL MEDIA's TheBlot Magazine. 34. Unfortunately, during her employment, Plaintiff HANNA BOUVENG was also subjected EFTA01120475 to virulent gender discrimination, quid pro quo sexual harassment, a sexually hostile work environment, and retaliation, as well as sexual assault, battery and the intentional infliction of emotional distress, and continues to be subjected to retaliation, including harassment and defamation. PLAINTIFF'S SPECIFIC ALLEGATIONS 35. Approximately two weeks after she started at NYGG, in approximately mid-October 2013, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY told Plaintiff HANNA BOUVENG that her attire was inappropriate for the Wall Street workplace. Plaintiff, who dressed conservatively (she typically wore a pair of dark slacks, high-collared top, and suit jacket) was perplexed. Nevertheless, Defendant BENJAMIN WEY insisted on buying Plaintiff tight skirts, form-fitting dresses, and low-cut shirts, and further insisted that she wear those clothes to work, maintaining: "You won't have a career on Wall Street unless you dress for success." Plaintiff was surprised but initially appreciative. 36. Commencing approximately mid-October 2013 through late October 2013, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY was increasingly complimentary regarding Plaintiff HANNA BOUVENG's appearance. Initially, Plaintiff HANNA BOUVENG thought the Chinese-born BENJAMIN WEY's compliments were the consequence of cultural differences. However, as time wore on, she became increasingly uncomfortable with his unwanted attention. 37. Throughout her employment from October 2013 through on or about April 22, 2014, approximately weekly, Defendant BENJAMIN WEY placed his ann around Plaintiff HANNA BOUVENG's waist and kissed her on the cheek in the office. Plaintiff found this embarrassing. 38. In approximately late October 2013, Plaintiff HANNA BOUVENG accompanied -10- EFTA01120476 Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY on a business trip to Washington D.C. where they met and dined with NYGG lobbyist Adam Olsen. During the course of dinner and drinks, after WEY left the table for the restroom, Mr. Olsen told Plaintiff HANNA BOUVENG: "Hanna, Benjamin is crazy about you!" Olsen then added: "He and his wife arc in a bad way. They don't have sex." Plaintiff felt awkward, and refused to discuss the topic further. 39. Throughout the Fall of 2013, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY insisted on purchasing tight clothes for Plaintiff HANNA BOUVENG to wear to the office. When she resisted or refused the gifts, Defendant BENJAMIN WEY became hostile and irate, yelling: "You don't think a resourceful, powerful guy like me can take care of your However, when she acquiesced, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY made snide, derogatory remarks to Plaintiff, such as: "Hanna likes nice things" and "Hanna likes to shop!" WEY's behavior was manipulative and abusive. 40. Commencing approximately October 2013 through on or about April 22, 2014, initially approximately two nights weekly, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY insisted Plaintiff HANNA BOUVENG accompany him out to dinner, purportedly to discuss business. At first these dinners included business associates from China and from various investment banks in New York such as Credit Suisse, and Plaintiff thought of these dinners as an exciting way to learn more about working on Wall Street. Unfortunately, as time progressed, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY increasingly insisted Plaintiff HANNA BOUVENG spend most if not all her evenings with him, both during the work week and on weekends, regardless of whether other business associates accompanied them. Defendant BENJAMIN WEY also insisted Plaintiff accompany him to brunch, lunch, coffee and other EFTA01120477 outings. Plaintiff felt increasingly annoyed, harassed, and trapped. 41. Commencing approximately November 2013 until her termination on or about April 22, 2014, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY behaved in an increasingly lecherous manner toward Plaintiff HANNA BOUVENG. For instance, Plaintiff repeatedly caught Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY ogling at her in the office. 42. Moreover, commencing approximately November 2013 until her termination on or about April 22, 2014, approximately daily, Defendant BENJAMIN WEY made inappropriate remarks concerning Plaintiff HANNA BOUVENG's appearance, including: "You look beautiful;" "You're gorgeous;" "You have a beautiful body;" "Hanna's so tall and thin;" and "Hanna doesn't need to go to Crunch (gym) because her body is so fit anyway." Plaintiff found WEY's behavior and comments embarrassing, particularly when Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY made these remarks around her colleagues. 43. Commencing approximately November 2013 through the remainder of her employment, Defendant BENJAMIN WEY became increasingly physical toward Plaintiff HANNA BOUVENG. For instance, whenever he approached, approximately multiple times daily, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY placed his arm around her waist and drew Plaintiff toward him. Plaintiff resisted and did not reciprocate his advances, but nothing changed. 44. Commencing approximately November 2013 through on or about April 22, 2014, approximately daily, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY complained to Plaintiff HANNA BOUVENG concerning his unhappy marriage to employee Michaela Wey, whining: "I'm not happy at home;" "We sleep in different bedrooms;" "I have not kissed anyone in ten years;" and "I'm romantic but my wife is cold and harsh." Moreover, Defendant -12- EFTA01120478 CEO/PUBLISHER/Publisher BENJAMIN WEY repeatedly compared Plaintiff to his wife, remarking: "Michaela is not nearly as good a marketer as you are!" These comments made Plaintiff feel very uncomfortable. 45. Commencing approximately November 2013 through the remainder of her employment, approximately daily, Defendant BENJAMIN WEY made increasingly amorous, consistently bizarre pronouncements to Plaintiff HANNA BOUVENG, such as: "1 am driven by passion. If it's not there I walk away;" "I am a passionate guy;" "I want to sec you all the time;" "If I don't see you every day, I feel there is something missing!;" "I want to hang out with you;" "In two years you are going to want the world. If you stick with me, I'll give you everything;" and "If I didn't feel this for you, I wouldn't keep you here." Eventually, these comments included his constant badgering: "I want to kiss you;" and "I want to make love to you." Plaintiff did not share WEY's "passion," and did her best to brush off and ignore his declarations. She did not respond to his ravings. 46. On repeated occasions commencing in the Fall of 2013, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY invited Plaintiff HANNA BOUVENG and various industry colleagues to social/networking gatherings at his penthouse at the Ritz Carlton Battery Park. WEY often asked Plaintiff HANNA BOUVENG to arrive early in order to set up and prepare for the events. Defendant's wife was never present during these gatherings. 47. On repeated occasions commencing approximately November 2013 when Plaintiff arrived early for the gatherings at Defendant CEO/Publisher BENJAMIN WEY's penthouse, WEY told Plaintiff HANNA BOUVENG: "I want to leave my wife for you;" "I'll leave Michaela for you if you just say so;" and "I want to change my life for you. I want a divorce." Plaintiff repeatedly told Defendant she was not interested in having a romantic and/or sexual relationship with him. -13- EFTA01120479 48. On repeated occasions in approximately Fall 2013, Defendant CEO/Publisher BENJAMIN WEY informed Plaintiff HANNA BOUVENG that FIKA Co-Owner Lars Akerlund and FIKA Director of Strategy Lena Khoury did not like Plaintiff. At the same time, Defendant CEO/PUBLISHER BENJAMIN WEY assured Plaintiff HANNA BOUVENG that he would "protect" her against all the people out to get her in the corporate world. Defendant repeatedly emphasized that Plaintiff could only advance her career by sticking close to him and following his tutelage. Plaintiff felt humiliated, confused, and concerned about her reputation. 49. In approximately early November 2013, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY asked Plaintiff HANNA BOUVENG to meet with Eriksen Translations CEO/PUBLISHER Vigdis Eriksen regarding a possible collaboration between Eriksen and Defendant NYGG. Ms. Eriksen had previously rejected WEYs proposal, and Defendant BENJAMIN WEY asked Plaintiff to persuade Ms. Eriksen that he was "her only chance to survive." 50. In approximately early November 2013, Plaintiff HANNA BOUVENG met with Eriksen Translations CEO Vigdis Eriksen over breakfast at 2 West Restaurant, the restaurant at Defendant CEO/Publisher BENJAMIN WEY's residence in the Ritz Carlton Battery Park Hotel. Defendant BENJAMIN WEY joined them approximately one hour later. Following the meeting, Defendant BENJAMIN WEY asked Plaintiff HANNA BOUVENG to accompany him upstairs to his penthouse. 51. Once there, Defendant BENJAMIN WEY sat next to Plaintiff HANNA BOUVENG on the couch, presumably to discuss the meeting with Eriksen Translations, but then began telling Plaintiff, "You're so beautiful" and "I love blue eyes" and "I love girls with blue eyes" and "I used to love girls with blonde hair and blue eyes but now I love brunettes with blue eyes." As he said -14- EFTA01120480 this, Defendant BENJAMIN WEY put his arm around Plaintiff's shoulders and tried to kiss her on the mouth. When Plaintiff turned her head, WEY kissed Plaintiff's neck. Plaintiff abruptly pulled away and said: "No." When Defendant BENJAMIN WEY then said he wanted a girlfriend, Plaintiff responded that she was really focusing on her career, that she wanted to gain professional experience, and that she was not interested in being anyone's girlfriend. Nevertheless, Defendant BENJAMIN WEY lunged toward Plaintiff HANNA BOUVENG and kissed her on the neck again. 52. Immediately thereafter, in approximately early November 2013, Plaintiff HANNA BOUVENG stood up and told her boss she had to go back to the office. Defendant BENJAMIN WEY balked, commanding: "No, it can wait!" When Plaintiff remained standing, WEY said "O.K., let's go," grabbed Plaintiff's hand and walked her toward the front door. Before reaching the door, however, Defendant BENJAMIN WEY suddenly pulled Plaintiff HANNA BOUVENG into a bedroom, then towards him, grabbed and embraced her with both alms, and kissed her passionately on the neck. Plaintiff HANNA BOUVENG pushed the CEO/PUBLISHER off, cried, "I Iey, Ben stop! I don't want to do this," and stormed toward the door. The two then returned to the office. Plaintiff was repulsed. 53. On or about November 5, 2013, Defendant CEO/PUBLISI1ER/Publisher BENJAMIN WEY summoned Plaintiff HANNA BOUVENG to his office and asked how many hotel rooms he should book for their business trip to Boston the following day. Plaintiff was alarmed and felt extremely uncomfortable. 54. On or about November 6, 2013, after Defendant BENJAMIN WEY finished his speaking engagement at Babson College, Plaintiff HANNA BOUVENG and WEY returned to the Boston I (arbor Hotel and had dinner at the hotel's restaurant. WEY ordered a bottle of champagne. -15- EFTA01120481 During dinner, Defendant CEO/PUBLISIIER/Publisher BENJAMIN WEY discussed Plaintiff's bright future with the company, complimented how far she had come, and praised the number of meetings she had initiated with prominent family friends. At the same time, WEY repeatedly reached under the table and touched Plaintiff's thigh. Plaintiff was non-responsive to his sexual overtures. 55. Following dinner, Plaintiff HANNA BOUVENG, who was inebriated, discovered that Defendant had only booked one hotel room with a king bed. Once they entered the room, Defendant CEO/PUBLISI IER/Publisher BENJAMIN WEY kissed Plaintiff's neck and face. Plaintiff did not kiss him back. Despite Plaintiff's resistance, Defendant pushed her on the bed and undressed her, and attempted to have sexual intercourse with her. Plaintiff told him: "Stop." When Plaintiff saw that he did not have a condom, she continued to tell him to "Stop," and pushed against him. Defendant begged her to have sex with him without a condom, insisting he was "clean." Plaintiff continued to say, "Stop," telling WEY she did not want to have unprotected sex. Defendant finally stopped. Plaintiff, who was extremely upset, put on a large t-shirt and tights, turned her back to him, refused to speak to him further, and pretended to fall asleep. Defendant did not assault her again during their stay. 56. Commencing approximately November 2013, Defendant CEO/PUI3LISHER/Publisher BENJAMIN WEY repeatedly urged Plaintiff HANNA BOUVENG to move out from the apartment she shared with friends to her own place in lower Manhattan. Plaintiff resisted, explaining that she enjoyed living with her friends and that at any rate she could not afford to live alone. However WEY was insistent, claiming that doing so would be "good for her career" and give her "the confidence you need to get ahead." He further pronounced: "Your friends aren't going anywhere. They're never going to have a career on Wall Street. You're the only one who -16- EFTA01120482 will!" Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY then promised that NYGG would help Plaintiff find an apartment. 57. In approximately late November 2013, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY showed Plaintiff HANNA BOUVENG an apartment he found at 25 Broad Street, a short walk from Defendant NYGG's offices. Defendant told Plaintiff that NYGG would help her pay the additional costs of living alone at the apartment as part of her compensation, and that he would act as her guarantor. Assuming that meant Defendant NYGG was giving her a raise, Plaintiff agreed, and on or about December 1, 2013 moved into the apartment. 58. Commencing approximately the first week of December 2013 through January 2014, Plaintiff HANNA BOUVENG repeatedly asked Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY for the raise from NYGG he had promised so she could afford her apartment. (While she had netted $800 per month when she shared an apartment with roommates, she now only netted $500 monthly.) In response, WEY told Plaintiff: "It's my money and your money anyway. You can always ask me for it." Plaintiff did not want to be in the position of asking WEY for cash every time her rent was due. I Iowever, WEY refused to give her the raise he had promised. 59. During approximately the first week of December 2013, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY invited himself over to Plaintiff HANNA BOUVENG's new apartment after work, claiming that he wanted to see the apartment and have a cup of tea. Once there, Defendant BENJAMIN WEY sat down on the couch next to Plaintiff HANNA BOUVENG and commanded: "Come closer. Why don't you sit next to me?" When Plaintiff complied, Defendant reached over and began massaging her shoulders and then kissing her neck. Plaintiff HANNA BOUVENG once again told her boss: "No, I really don't want -17- EFTA01120483 this." Defendant left. 60. The following day at work, during approximately the first week of December 2013, Defendant BENJAMIN WEY glared at and refused to speak to Plaintiff HANNA BOUVENG. Defendant continued this behavior until approximately mid-December 2013. Plaintiff worried that she was going to be fired, lose her apartment, and lose her J1 Visa. 61. In approximately mid-December 2013, Plaintiff HANNA BOUVENG accompanied CEO/PUBLISHER/Publisher Defendant BENJAMIN WEY and Executive Chairman/General Counsel James Baxter on a business trip to China. 62. Approximately six days later, on or about December 16, 2013, Defendant BENJAMIN WEY and Plaintiff HANNA BOUVENG flew on a business trip to Dubai to meet with a government economic council minister and the owner of Dubai's third-largest construction company. When they arrived at the Atlantis I lotel, Plaintiff HANNA BOUVENG discovered once again that Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY had only booked one hotel room (under his Chinese name Tianbing Wei) for the two of them to share. Once again, the hotel room only had one bed. 63. On or about the night of December 16, 2013 in the Atlantis Hotel room, while Defendant was in the bathroom, Plaintiff HANNA BOUVENG put on a t-shirt and underwear, got into bed, and pretended she was asleep. Minutes later, Defendant /Publisher BENJAMIN WEY climbed into the bed naked, repeatedly called out Plaintiff's name, and pawed at her, but Plaintiff was non-responsive. Eventually WEY left her alone. The following morning Defendant complained bitterly: "How could you be so tired?" 64. On or about December 17, 2013, during the second night of their business trip to Dubai in the Atlantis Hotel, Plaintiff HANNA BOUVENG once again got into the bed before the -I8- EFTA01120484 CEO/PUBLISHER/ Publisher. Dressed in a t-shirt and underwear, Plaintiff turned her back toward his side of bed, and feigned sleep. Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY subsequently got into the bed naked, hugged Plaintiff from behind, and pressed his erection against her. However, Plaintiff pulled away and snapped: "No, I'm tired." Defendant stopped. 65. Commencing when they returned to the office on or about December 18, 2013 until he left for vacation the following week, Defendant BENJAMIN WEY was petulant and gave Plaintiff HANNA BOUVENG "the silent treatment." Plaintiff once again worried that she was going to be fired because she rejected her boss's sexual advances. 66. In approximately late December 2013, Defendant BENJAMIN WEY returned from vacation and behaved toward Plaintiff HANNA BOUVENG as if nothing had happened. Instead, Defendant asked her to dinner after work to discuss further business matters and her year-end bonus. During dinner at Bobo in the West Village, Defendant presented Plaintiff HANNA BOUVENG with a $2000 Prada bag as her year-end bonus from NYGG. Plaintiff informed the CEO/PUBLISHER/Publisher that she would have preferred a cash bonus. During the dinner, Defendant BENJAMIN WEY also plied Plaintiff with drinks, and she became intoxicated. 67. Following dinner in approximately late December 2013, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY insisted that he accompany the inebriated Plaintiff HANNA BOUVENG to her apartment. Once inside her apartment, Defendant BENJAMIN WEY showed Plaintiff he had brought a box of condoms. Plaintiff felt trapped. Defendant BENJAMIN WEY then forced Plaintiff to have sexual intercourse with him. Plaintiff was alarmed, disgusted, and devastated. 68. Thereafter, commencing approximately late December 2013 through her termination on or -19- EFTA01120485 about April 22, 2014, approximately daily, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY asked Plaintiff HANNA BOUVENG to go out to dinner with him. When Plaintiff declined, Defendant pouted and complained: "You never have time for me!" 69. Commencing approximately late December 2013 through her termination on or about April 22, 2014, approximately daily, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY asked Plaintiff HANNA BOUVENG to have sex with him. Plaintiff repeatedly refused. 70. On approximately three occasions thereafter from approximately January through early February 2014, Defendant CEO/PUBLISIIER/Publisher BENJAMIN WEY plied Plaintiff HANNA BOUVENG with alcohol and, once she was intoxicated, forced her to have sexual intercourse with him. After the last episode in approximately early February 2014, Plaintiff HANNA BOUVENG remained steadfast in her refusal to succumb to WEY's sexual advances, regardless of the consequences. 71. In direct retaliation for the same, Defendant CEO/ Publisher BENJAMIN WEY became angry and repeatedly threatened not only to fire Plaintiff HANNA BOUVENG, but to ensure that her reputation on Wall Street was ruined so that she would never work there again. Defendant further threatened to see that her J-1 Visa was pulled and she was kicked out of the United States. 72. Moreover, commencing approximately February 2014 through the present, Defendant BENJAMIN WEY began stalking Plaintiff HANNA BOUVENG and her friends, and engaged in a bizarre and frightening pattern of retaliation and harassment. 73. On or about Saturday night, February 1, 2014, Plaintiff IIANNA BOUVENG and some friends attended a Super Bowl party at Pier 11 in Manhattan. During the course of the evening, Defendant BENJAMIN WEY repeatedly textcd Plaintiff. Plaintiff raised to respond. 74. The following morning, on or about Sunday February 2, 2014 at approximately 9:00 a.m., -20- EFTA01120486 Plaintiff HANNA BOUVENG was awakened at her apartment by Defendant BENJAMIN WEY, who was banging loudly on her door. When Plaintiff opened the door, BENJAMIN WEY claimed he was worried about Plaintiff. Plaintiff HANNA BOUVENG told Defendant in no uncertain terms that she could not have a sexual relationship with him. Thereafter, Defendant BENJAMIN WEY became increasingly aggressive in his behavior toward her. 75. On or about February 15, 2014, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY emailed Executive Chairman James Baxter (and cc'd Plaintiff) that while he foresaw Plaintiff HANNA BOUVENG as a marketing executive for Nordics in the U.S. and Europe, she required extensive training first, and asked Mr. Baxter to train Plaintiff exhaustively so she was qualified by March. WEY added in pertinent part: Some personnel and executive decisions shall be made pending the outcome of this training to see to what extent, if any, she is capable of adding value.... We are racing against time to build up the team. Those that qualify will stay and join the new business. Those not, will be placed in more appropriate roles. Neither Defendant BENJAMIN WEY nor anyone else at NYGG had previously questioned Plaintiff HANNA BOUVENG's skillset. Plaintiff felt intimidated. 76. Three days later, on or about February 18, 2014, Defendant BENJAMIN WEY emailed Executive Chairman James (and cc'd Plaintiff HANNA BOUVENG) another retaliatory missive: We need to urgently decide to what extent Hanna can be trained to the point that she can comfortably and professionally present the financial-servioes and products, and•to what-level that- she can be entrusted.... It is a very tall order. I think she has the potential to achieve it.... -21- EFTA01120487  I do wish to see major improvement when I get back. She is smart and humble and willing to learn. And most importantly, both you and I trust her as a colleague. She is kind and loyal.... We have no time to lose. Please stay on top of this. I need to see results or we have to use more experienced people and assign her to a more suitable role. Mr. Baxter responded that he would certainly conduct the "intensive and extensive training" WEY had requested, but remarked that "it is a very high goal and possibly unattainable in such a short time." 77. On or about February 18, 2014, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY mailed Plaintiff HANNA BOUVENG the following retaliatory missive: Frankly, I have provided you with a valuable training experience that we have never provided to others — one on one, designed lust for you and devoted just to you, as you will be experiencing next week with the senior Wall Street expert Jim. We will learn to what extent and how quickly you can transform from a less focused, less effective, less valuable, free-spirited communications type to an effective and sophisticated financial product marketing executive. Hope you realize that we have spent significant financial resources and time resources to help you grow quickly professionally. I don't think you should travel anywhere with me or on behalf of the firm until you are ready. Networking is important, however networking with the right crowd, with the right level of professional knowledge is powerful. Fun girls are a dime a dozen and many of them such as Nina will perhaps end up with not accomplishing much in life, going back to her home. Is that what you want? You are way above that. You have a real platform and a great lifestyle that many girls or guys will only envy to replace you or be in your position. I have put my trust in you and hope you will live up to your full potential, and not disappoint me or yourselfg—Don!t-talce my backing - or support for granted. This is either a priority or nothing. Plaintiff HANNA BOUVENG felt threatened and compromised. EFTA01120488 78. On repeated occasions commencing approximately mid-February 2014 until her termination on or about April 22, 2014, in direct retaliation for her constant refusal to have sexual relations with him, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY emailed NYGG Executive Chairman/General Counsel James Baxter and Plaintiff's father in Sweden complaining that Plaintiff was "too unsophisticated" to continue working at NYGG, and suggesting that if Plaintiff did not increase her knowledge base, they would have to look for other staff. Plaintiff was devastated. 79. In approximately March 2014, following a gathering at Defendant BENJAMIN WEY's penthouse when his wife was away, Defendant BENJAMIN WEY insisted on showing Plaintiff his wife's closet and collection of designer bags, including a $66,000 Birkin bag he had bought his wife in Japan. In so doing, WEY commented: "One day this could all be yours!" Defendant BENJAMIN WEY then asked Plaintiff to spend the night with him. Plaintiff HANNA BOUVENG refused and went home. 80. In approximately late March 2014, after Plaintiff HANNA BOUVENG had repeatedly declined Defendant BENJAMIN WEY's propositions, Defendant BENJAMIN WEY yelled at her: "You have a sense of entitlement, you only want, want, want! You only see me as a checkbook! You have to create your own career, then you can do whatever you want!" When Plaintiff continued to refuse, Defendant BENJAMIN WEY screamed: "I'm the guy for you! I'm the only one who can help you with this! You'll never find anyone who can help you like I can! I've got a lot of resources! I'M THE TOP DOG ON WALL STREET!" Plaintiff was frightened. 81. On several occasions during approximately March 2014, Plaintiff HANNA BOUVENG was approached at the office by colleagues from Defendant BENJAMIN WEY's on-line digital -23- EFTA01120489 publication "TheBlot Magazine," Editor-in-Chief Alicia Lu and Graphic Designer Yoni Weiss, and asked: "What's Ben doing to you? We see him grabbing you all the time!" and "Has he ever tried anything with you?" Plaintiff was mortified. 82. In approximately mid-April 2014, Defendant NYGG sent Plaintiff HANNA BOUVENG for a brief training stint at Cambridge Alliance Capital, a company closely associated with Defendants NYGG and BENJAMIN WEY. During the course of a discussion with Partner Talmanllarris regarding her training program at Cambridge Alliance Capital, Mr. Harris abruptly said: "I believe Ben wants the best for you. Ben loves you." Plaintiff felt humiliated and upset. 83. Around the same time, in approximately mid-April 2014, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY referenced their "relationship," and told Plaintiff HANNA BOUVENG: "By December first, if you don't know what you want to do, you'll be out of an apartment and a job!" 84. Approximately a few days later, in approximately mid-April 2014, Defendant CEO/PUBLISHER/ Publisher BENJAMIN WEY told Plaintiff FIANNA BOUVENG that if they did not have "an intimate relationship" by August 1, 2014, there was nothing else he could do for her, and he would have to let the apartment go to the new employees at NYGG. 85. In approximately mid-April 2014, Plaintiff's immediate supervisor NYGG Executive Chairman/General Counsel James Baxter told Plaintiff HANNA BOUVENG: "It's unrealistic for Ben to have expectations that someone at your level would have the skills of someone who's been in banking for 30 years." At the same time, Mr. Baxter assured Plaintiff she was doing an "excellent" job. 86. On or about April 17, 2014, during her training at Cambridge Alliance Capital, Defendant CEO/PUBLISHER/Publisher BENJAMIN WEY asked Plaintiff HANNA BOUVENG to meet -24- EFTA01120490 him at Andaz for a quick beverage to discuss various business matters at the office. During this conversation, Defendant BENJAMIN WEY claimed that his wife Michaela Wey had dined with FIKA Director o