• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Ex-PepsiCo CEO Indra Nooyi worked from midnight until 5 a.m. as a receptionist to pay for her Yale degree—and she says ‘respect went up’ because of it

2

Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI

3

China’s birth rate just hit its lowest point since 1949—and Trip.com cofounder James Liang thinks that’s a threat to innovation

1

Ex-PepsiCo CEO Indra Nooyi worked from midnight until 5 a.m. as a receptionist to pay for her Yale degree—and she says ‘respect went up’ because of it

2

Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI

3

China’s birth rate just hit its lowest point since 1949—and Trip.com cofounder James Liang thinks that’s a threat to innovation

Kleiner investors blindsided by discrimination suit

By
Dan Primack
Dan Primack
Down Arrow Button Icon
By
Dan Primack
Dan Primack
Down Arrow Button Icon
May 22, 2012, 8:54 PM ET
Add Fortune on Google for similar content.

FORTUNE — “You’re kidding. Send me a copy of the complaint.”

That was the 10-word email I received earlier today from a limited partner with Kleiner Perkins Caufield & Byers, after I asked for his reaction to the VC firm being sued by one of its partners for gender discrimination and retaliation related to sexual harassment.

In other words, Kleiner Perkins didn’t tell its own investors about the complaint, despite having been served with it 12 days ago. This includes institutions that made commitments to the firm’s new early-stage fund after the suit was filed.

Incredible.

It seems that the firm decided to look at this purely from a legal standpoint of “what do we need to disclose?” This is in stark contrast to the more pertinent question, which is “What should we disclose?”

The former question worries about things like SEC disclosures, and determines that the suit is not material to Kleiner Perkins because any awarded damages would almost certainly represent less than 10% of the firm’s assets under management. Moreover, plaintiff Ellen Pao remains a full-time Kleiner Perkins employee, so there was no reason to warn prospective investors of personnel changes.

But even if Kleiner Perkins is within the letter of the law, it acted far outside the spirit of the general partner-limited partner relationship.

Limited partners invest in teams, and should have been made aware that not all was copacetic at Good Ship Perkins-pop. First, the lawsuit must be creating serious tension within the firm’s Menlo Park headquarters. If not, then the firm is staffed by robots.

Second, Pao claims in the suit that she was not alone in alleging some sort of gender-related improprieties. Instead, she claims that another junior female partner made similar complaints to superiors, as did three executive assistants. And Kleiner Perkins itself virtually validates this claim, by acknowledging that it conducted an investigation (which it says turned up no wrongdoing). Even if the discrimination claims were invalid — and I’m not qualified to take a position — there clearly is dysfunction and distrust running through the Kleiner Perkins hallways.

Third, it will be limited partners who indirectly foot the bill if Kleiner Perkins is found liable for gender discrimination. Yes, Pao sued the firm’s management company rather than a specific fund. But where do you think the management company’s money originates?

Finally, this suit is almost certainly going to damage the firm’s reputation with certain entrepreneurs (particularly female ones). Even if Kleiner Perkins is able to mitigate certain specifics via its legal response — or quickly reach an out-of-court settlement — the word in Silicon Valley today is that the firm treats some of its female partners as inferiors (or worse). The suit also suggests that Kleiner has, at least once, put a partner on a portfolio company board more for that partner’s own ego than for the company’s best interests.

The best entrepreneurs have their choice of investor, with their decision often coming down to who they feel most comfortable working with. If all else is equal — and it often is, in terms of price — Kleiner Perkins is now at a marked disadvantage in certain entrepreneurial eyes. And that’s something that its limited partners deserved to know, because it could impact the future performance of their investment.

Instead, its investors learned about the suit from folks like me. It was an arrogant decision, perhaps prompted by years of easy fundraising and compliant investors (don’t rock the boat, or else someone else might get your allocation).

Again, I don’t know who’s telling the truth. Or what Kleiner Perkins will say in its legal defense. But I do know that the firm blew its response, and did wrong by its investors. Even if it acted by the letter of the law.

Sign up for Dan’s daily email newsletter on deals and deal-makers: GetTermSheet.com

About the Author
By Dan Primack
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in

Close to a million investors of the Trump memecoin lost a collective $3.8 billion, even as the president disclosed $636 million in earnings
CryptoCryptocurrency
Close to a million investors of the Trump memecoin lost a collective $3.8 billion, even as the president disclosed $636 million in earnings
By Marco Quiroz-GutierrezJuly 7, 2026
6 hours ago
The Best Berberine Supplements (2026): Everything You Need to Know
HealthDietary Supplements
The Best Berberine Supplements (2026): Everything You Need to Know
By Christina SnyderJuly 7, 2026
7 hours ago
Presidents aren’t supposed to pick winners, former White House ethics lawyer says. Trump keeps choosing Dell
PoliticsDonald Trump
Presidents aren’t supposed to pick winners, former White House ethics lawyer says. Trump keeps choosing Dell
By Mia OsmonbekovJuly 7, 2026
7 hours ago
Meet the former Goldman Sachs exec who became the America’s Cup Partnership’s first CEO and is running the 175-year-old trophy like a startup
C-SuiteSports
Meet the former Goldman Sachs exec who became the America’s Cup Partnership’s first CEO and is running the 175-year-old trophy like a startup
By Catherina GioinoJuly 7, 2026
7 hours ago
Palantir CEO Alex Karp with his arms outstretched while making a point on stage.
NewslettersEye on AI
Palantir CEO Alex Karp is wrong about the threat Anthropic and OpenAI pose to most enterprises. That doesn’t mean he doesn’t have something to lose
By Jeremy KahnJuly 7, 2026
7 hours ago
Scott Wu, in front of a blue background, sits in a gray chair and speaks to a person out of frame.
AIProductivity
Cognition CEO says tech companies got ‘carried away’ with token leaderboards and should measure employees on output instead
By Sasha RogelbergJuly 7, 2026
8 hours ago

Most Popular

Ex-PepsiCo CEO Indra Nooyi worked from midnight until 5 a.m. as a receptionist to pay for her Yale degree—and she says ‘respect went up’ because of it
Success
Ex-PepsiCo CEO Indra Nooyi worked from midnight until 5 a.m. as a receptionist to pay for her Yale degree—and she says ‘respect went up’ because of it
By Preston ForeJuly 6, 2026
1 day ago
Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI
AI
Shark Tank's Kevin O'Leary says if he were 25 today, he'd chase these two booming opportunities in the world of AI
By Marco Quiroz-GutierrezJuly 5, 2026
3 days ago
China’s birth rate just hit its lowest point since 1949—and Trip.com cofounder James Liang thinks that’s a threat to innovation
Asia
China’s birth rate just hit its lowest point since 1949—and Trip.com cofounder James Liang thinks that’s a threat to innovation
By Nicholas GordonJuly 7, 2026
19 hours ago
Current price of oil as of July 6, 2026
Personal Finance
Current price of oil as of July 6, 2026
By Joseph HostetlerJuly 6, 2026
2 days ago
Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
Success
Even as Elon Musk calls philanthropy ‘very hard,’ everyday Americans gave a record $617 billion—despite feeling the squeeze over the cost of living
By Preston ForeJuly 4, 2026
4 days ago
The man who ran Bernie's campaign says Democrats are still making the same mistakes with Democratic Socialists, and they should laud Mamdani's win
Politics
The man who ran Bernie's campaign says Democrats are still making the same mistakes with Democratic Socialists, and they should laud Mamdani's win
By Catherina GioinoJuly 6, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.