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How not to take credit for a project...

This, kids, is NOT how to claim your past work experience. 

http://www.wlsam.com/Article.asp?id=2209350&spid=

 

 

 
Jun 10, 11 3:28 pm

hmmmm... link issues.....

here's the text:

 

An international architecture firm with an office in Chicago says a former employee who now has his own Chicago-based firm has claimed to have designed some of his onetime employer's most famous buildings, a claim which is not true.

M. Arthur Gensler, Jr. & Associates, Inc., a San Francisco-based architecture firm with an office in downtown Chicago, claims in a suit filed in federal court Thursday that onetime employee Jay Marshall Strabala has "repeatedly and willfully misrepresented the true origin and source of certain architectural and design services, falsely claiming to be the designer of a number of projects that were, in fact, designed by Gensler."

Additionally, Gensler says, Strabala has "misrepresented the nature of his contribution, if any, to certain design projects while intentionally minimizing or entirely omitting the nature of Gensler's contribution."

Since leaving Gensler, where he was an architect from 2006 to 2010, Strabala in 2010  founded  2Define Architecture, based at 860 N. Lake Shore Dr. in Chicago.

Strabala, according to the suit, "owns and controls 2Define Architecture, and is the only licensed architect at 2Define Architecture."

According to 2Define's website, Strabala's firm "specializes in complex high profile projects." It also states, "Marshall Strabala is an award-winning designer with 25 years of architectural experience. He is a noted expert in the design of office buildings, mixed-use high-rises, convention centers and performing arts centers. Marshall has completed award winning projects from Europe to the Middle East and to Asia including high profile projects in Beijing, Seoul, Dubai, London, Hong Kong and Saudi Arabia."

The website says Strabala,"since graduating from Harvard ... has design (sic) three of the ten tallest buildings in the world, The Burj Khalifa at 828m (2,715ft) the Shanghai Tower at 632m (2,073ft) and the Greenland Zifang Tower at 450m (1,485ft)."

But according to Gensler, "with regard to at least the Shanghai Tower, this statement is misleading, falsely indicates that (Strabala), not Gensler, is the source of the architectural and design services rendered in designing the Shanghai Tower, and is an effort by (Strabala) to wrongfully take credit for Gensler's work and services performed by Gensler personnel." The suit explains that "the Gensler team that designed the Shanghai Tower included approximately one hundred people who devoted significant time to the project. (Strabala) was one of many members of that Gensler team. Gensler, not (Strabala), is the source of the architectural and design services rendered in designing the Shanghai Tower."
Gensler also says that elsewhere, such as on Strabala's flickr website, he claims to have designed structures such as the Hess Tower, an approximately 990,000 square foot office building in Houston, and the Houston Ballet Center for Dance, a six-story, 115,000 square foot building, also in Houston. "The Gensler team that designed Hess Tower included over twenty people who devoted significant time to the project," the suit says. "Gensler, not (Strabala), is the source of the architectural and design services rendered in designing Hess Tower." The suit also says, "The Gensler team that designed the Center for Dance included over a dozen people who devoted significant time to the project. (Strabala) was one of many members of that Gensler team."

Gensler wants an injunction to prevent Strabala from making any false or misleading claims about the work he did at Gensler, as well as to "place corrective advertising" on his firm's website and his flickr site, in addition to other unspecified damages.
No one at 2define could be reached for comment Thursday afternoon.

Jun 10, 11 3:36 pm  · 
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lletdownl

...wow... thats pretty crazy... anyone know anything about this guy? is he crazy? or is gensler over reacting?

Jun 10, 11 4:08 pm  · 
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If he was the project manager or project architect of these projects, he's got a legitimate claim of credit to those projects.

An example phrase of, "While I was at Gensler, I was responsible for the design of the Burj Khalifa," is accurate but mildly misleading. However, another example of a completely misleading phrase would be, "I was the sole person responsible for designing the Burj Khalifa." That is inaccurate and fraudulent.

This would depend on whether or not Strabala was the project architect, project manager, studio head, art director or other position of authority while working at Gensler. This would also depend on whether or not they had him sign any specific sort of contract regarding intellectual property rights when he was hired.

But if I remember the news articles right and the drama from December 2010, Strabala was in a managerial role and credited in various articles as being the project architect of those buildings.

SOM doesn't seem to be complaining about his laundry list of accomplishments either.

Jun 10, 11 4:22 pm  · 
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@ lletdownl. He was Director of Design for Gensler. There was a messy break up at the end of last year after he split (fired, quit, laid off— no one knows) from Gensler. I believe the knowledge around that business decision is still in litigation, too.

And technically, while this claims his firm is Chicago-based, it is actually operated out of Shanghai.

Funnily enough, he was poached by Gensler (dirty business move) after SOM wouldn't make him a partner.

Jun 10, 11 4:27 pm  · 
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architecturegeek

It wouldn't matter if he was a principal, he still has to state that the project happened under the heading of Gensler.  Most, if not all, employment contracts make this perfectly clear.

His website, at the moment, contains nothing but images of these projects no info either way.

As much as I'm loathe to cite something from the AIA, see here:

http://aiawebdev2.aia.org/about2_template.cfm?pagename=about_ethics_creditguidelines

Jun 10, 11 4:38 pm  · 
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burningman

I don't see the big deal here. It appears he was a project architect on these towers. Note that the article mentions three towers but Gensler is mentioning a claim against "at least the Shanghai tower" which in all likelyhood means he was actively involved as a lead designer. It takes a team of designers to put together these towers. Anyone on that team can take some credit for the design, but maybe Strabala should have mentioned that he lead a team or was part of a team. Big deal.

Maybe after Gen$ler got $1million of city money intended for the homeless, it's now finding other pockets to pick.

Jun 10, 11 4:42 pm  · 
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"2Define Architects is a new Architectural Design practice based between Chicago, Seoul and Shanghai. The firm Started by Marshall Strabala in 2010 specializes in complex high profile projects Since graduating from Harvard, Marshall Strabala has design three of the ten tallest buildings in the world, The Burj Khalifa at 828m (2,715ft) the Shanghai Tower at 632m (2,073ft) and the Greenland Zifang Tower at 450m (1,485ft).

Marshall Strabala is an award-winning designer with 25 years of architectural experience. He is a noted expert in the design of office buildings, mixed-use high-rises, convention centers and performing arts centers. Over the last 23 years, he has undertaken complex, client-sensitive projects on a domestic and international basis. He has designed more than $13.5 billion of projects of which an impressive $3.6 billion are built today and another $3.1 billion are underway. He is also a respected lecturer on architectural design, having spoken to a wide range of audiences worldwide. For 19 years he was the Associate Partner in charge of Design at Skidmore Owings & Merrill, the Director Of Design for Gensler for four years. Marshall has completed award winning projects from Europe to the Middle East and to Asia including high profile projects in Beijing, Seoul, Dubai, London, Hong Kong and Saudi Arabia. "

Jun 10, 11 4:46 pm  · 
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lletdownl

ah... ok so hes not so crazy... though you wouldnt know it from the website... sheesh... id rather have none at all than that thing representing me...

Jun 10, 11 5:58 pm  · 
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meowman

Gensler is famous or has reputation for its interiors. They never had a decent looking highrise building until Marshall arrived. If there is any please post link.

As a director of design at Gensler, Marshall led a team and won the competition of Shanghai Tower beating SOM, SmithGill, KPF and others.......

------

As far as I know SOM did not complain of Marshall taking credit of various buildings he worked on during his tenure at SOM.

Why do you think Gensler is suing Marshall for this? Marshall clearly stated that he was the 'Director of Design at Gensler' and that he designed the building, I don't see anything wrong with this. Of course maybe using the term 'contributed in designing the building with others' might have been better. But so what, he led the team and WON the competition.

I think and guess that Gensler did not credit Marshall fully internally but M. Arthur Gensler Jr took all credits under the name of Gensler. So Marshall left, pissed at M.Arthur, and Gensler is trying to keep its Shanghai tower reputation solely to oneself. Why? Because Gensler does not have any decent highrise towers except what Marshall did there at Gensler. It is the only highrise Gensler did.

I know him.

Marshall is a good guy, never greedy, never takes false credits, always did care of his team, an honest architect. He is big, worked on numerous highrises, and I think he is much better than any designer at Gensler in highrise design.

Of course, Gensler rocks in interiors.

 

 

 

Jun 10, 11 10:25 pm  · 
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Based on your post, meowman, it sounds like some personal revenge issues happening.  This makes me glad I never worked at a huge corporate firm.

Also, I'm glad that the complexities of the word "design" are being examined.  I can't really correctly state that "I designed this building" when it required a team of engineers, contractors, and client input to make it happen.  I'm more comfortable saying I was part of a team - even director of a team -  than implying that an object sprung from my brain like Athena sprung from Zeus' skull.

Jun 11, 11 9:48 am  · 
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MMatt

http://www.rfcexpress.com/lawsuits/copyright-lawsuits/new-york-southern-district-court/76456/skidmore-owings-merrill-llp-v-jay-marshall-strabala/summary/

 

http://www.rfcexpress.com/lawsuits/trademark-lawsuits/illinois-northern-district-court/76467/m-arthur-gensler-jr-associates-inc-v-jay-marshall-strabala-individually-and-doing-business-as-2define-architecture/summary/

 

Just for the record, is seems both SOM and Gensler have filed suit, both within a day of one another. So the "SOM didn't see a problem with it, so he must be in the clear..." argument probably doesn't hold up.

Jun 11, 11 2:12 pm  · 
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my reason for posting was less what the role is/was at gensler than the way it's been represented in starting their own firm. of course it's going to come down to semantics, but semantics matter and was all i wanted the younger set to see.

 

Jun 11, 11 2:42 pm  · 
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He also dropped the H-bomb.

Jun 11, 11 3:56 pm  · 
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But in all seriousness, misrepresentation of one's experience is rampant in this industry, and I'm glad someone is being held to account. 

Jun 11, 11 3:59 pm  · 
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meowman

Tim Do

How did Marshall misrepresent one's experience?

Lol, and what is wrong with the H-bomb !!!

 

Jun 13, 11 11:34 pm  · 
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rclarke6002

Having worked at Gensler, and in Shanghai in particular while the project was in progress, I can say with some authority that Marshal was responsible for the "design" of the tower. 

Who ever said that Gensler didn't design decent building till Marshal is also right. They are a power house of interior design but sucked at base building.

I am also glad that Gensler are suing I feel that this might just be a case of bad blood now spilled into the street for all to see. The circumstances by which Marshall came to Gensler are as described above (poached), so why would you expect anything less on his departure.

Funny thing is that this industry is wrought with so much hypocracy. People take individual credit for teamwork. Gensler's stance is in line with their Motto: "We are a Constellation of Stars". This attitude is really a part of their culture, for the most part, until it isn't. In Shanghai Marshal was worshiped, while the local Chinese designer really responsible for resolving the sexy design (Michael *-forgot his last name-my bad Mike) we all see labored tirelessly into several weeks of nights.

I'm glad this issue has been raised, even under shady circumstances. It really makes us question what the word "designed" means and rethink proper attribution. I blame schools for releasing raging egomaniacs into the workforce and expecting team players.

Good luck with that.

Jun 14, 11 5:45 pm  · 
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meowman

rclarke6002 ,

Thank you for sharing your insights.

 

 

Jun 14, 11 11:07 pm  · 
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It should also be noted that, even if you use Google Cache or another internet cache of his website, nothing has really changed when it was put up on the internet.

So, I'm really wondering whether or not he actually made the site or if someone else did (intern, relative, really cheap web designer). If it was made without much oversight, someone else might have just thrown it together without realizing the implications that the website has. It could have also been made as a placeholder— I'm hoping someone who is at least making a six-figure-plus salary has enough cash to pay someone a few grand to actually make a decent, if at least introductory, website.

If it was just a shoddy job, it was probably done to give the firm the air of legitimacy; that's a pretty common practice for most business and individuals, especially in the design world, to have a virtual presence. Mildly funny and ironic when this practice of pseudo-legitimacy backfires so horribly.

Jun 14, 11 11:26 pm  · 
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2by4

It was back in 2003, 9pm at the SOM model shop.  Marshal came in, took off his jacket and start building a model for Greenland Zifang Tower at 450m.  I can and will verify that.  I was never on his team, but I know he only worked on and won the competition on that project.

For super tall buildings like that, it took 10+ years from conception to finished building,  there's 20+ firms, 1000+ personal, and tons of Chinese workers.  Should anyone of us take credit of working on that project?

 

rclarke6002 & meowman, thank you speaking out for the underdog

Jun 21, 11 12:38 am  · 
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Zellow

I read that Gensler LOST that lawsuit it made against this architect. 

Guess that they were very scared that very qualified smaller competitors, like Strabala, were going to take business away from them.  So, they might as well sue anyone that looks cross-eyed at them.  

Jun 17, 12 10:18 am  · 
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TED

I know Marshall - he is a good guy and i would consider with the work of SOM he should be considered one of the key designers of many projects there - certainly, partners at SOM are not the designers of these projects.  But do have the smarts to bring good people in and empower there energy. 

SOM had a choice to make him a partner and brought in Weimer from NY to Chicago who is pretty worthless - especially when it comes to design

Jun 17, 12 10:44 am  · 
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zonker

I used to work at SOM-SF and it's a pretty heady place - lots of big egos - at that level - it all comes with the game - I kept my head down and did my BIM stuff there - when I got the boot after the bottom fell out, I had to sign away any claims to credit - that's why I don't have  any SOM stuff in portfolio - I had to recreate one of the projects out of my head in Revit just so I could get temp work - It's a tough game folks - 

Jun 17, 12 1:16 pm  · 
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zellow - any links to an article on the suit? i'd be very interested to know what all the terms of the case were.

 

Jun 17, 12 4:13 pm  · 
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mdler

2Define is a stupid name for a firm

Jun 17, 12 4:13 pm  · 
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hmmm... turned up this summary

 

seems like the judge was going to dismiss the claim due to a lack of claims (meaning, they couldn't demonstrate how they were being harmed) rather than tackle the thornier issue of deciding authorship.   "Gensler contends that Strabala's declaration of design of the listed buildings constitutes false designation of origin and false advertising in violation of the Lanham Act and state trademark laws," Guzman wrote. "The court disagrees."

     "Both the First and Ninth Circuits have recognized that where there is an alleged statement of false authorship, such claims should be pursued under copyright law."
     Additionally, Supreme Court precedent "holds that 'origin of goods' with regard to the Lanham Act 'refers to the producer of the tangible goods that are offered for sale, and not to the author of any idea, concept, or communication embodied in those goods," Guzman added.
     Therefore, "the court holds that the Lanham Act does not provide a cause of action for false advertising where the claim is based on the authorship of a creative work," the six-page decision states.

 

now, that last bit... that's potentially huge. and really open-ended. i'll keep an eye out for any further releases.

Jun 17, 12 4:18 pm  · 
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curtkram

you signed away any claim to credit?  how does that work?  what do you get in return?  is there any reason you wouldn't sign it and just walk out the door?  is that even enforceable?  any lawyers here that can touch base on that?  You can't really sign away rights can you?  so in the future if you said you helped with bim model on xx project they can't really come after you can they?

Jun 17, 12 4:20 pm  · 
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zonker

Then I would not have received any severance - golden rule "those who have the gold make the rules" 

Jun 17, 12 6:24 pm  · 
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metal

that sucks xenakis. you couldn't take a copy of the files?

Jun 17, 12 7:08 pm  · 
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zonker

The point of the signed agreement was 1. not to take them, 2. if you did, then you can't use them in your portfolio or website - by working on various projects, I internalized them to the point to where I can reproduce them anyway. It sux when you are struggling in this profession - no fairness

Jun 17, 12 7:27 pm  · 
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xenakis, is the firm you left an AIA member?  If so, refer them to the AIA Code of Ethics Rule 5.303, which says:

A Member shall not unreasonably withhold permission from a departing employee or partner to take copies of designs, drawings, data, reports, notes, or other materials relating to work performed by the employee or partner that are not confidential.

Also, here is the AIA's Guidelines for the Attribution of Credit, which state that "A Member taking credit for a project or a specific role on a project other than as the Architect-of-Record must clearly define that role. In addition to the Member’s specific role, the Architect-of-Record must be acknowledged."

In other words, as long as you properly acknowledge them as AOR, and clearly define what your role was, they are strongly encouraged by their own Code of Ethics to allow you to use the work in your own portfolio, as long as you ask permission first.  if they don't you can report them to the AIA.  Not sure anything would come of it, but they should know that they are acting unethically.

Jun 17, 12 10:20 pm  · 
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"2Define is a stupid name for a firm"


Agreed.  But it would be an awesome name for a boy band R&B group!

Yo!

Jun 18, 12 11:36 am  · 
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Samtook

Skidmore, Owings & Merrill in June 2012 Strabala reached a binding settlement agreement with SOM and the case was dismissed under its terms.

With respect to the remaining Gensler action in February 2012, Gensler's complaint was dismissed as Gensler's allegations didn't fall under trademark law (Lanham Act) but rather copyright law.  Prior to the dismissal (link here http://docs.justia.com/cases/federal/district-courts/illinois/ilndce/1:2011cv03945/256636/47/0.pdf?ts=1329913307), Gensler choose not to amend it's complaint under copyright law despite being offered several opportunities to amend.  

However Gensler appealed the dismissal.  The oral arguments at the appellate level were held in September 2013 can be heard here (MP3) http://media.ca7.uscourts.gov/oralArguments/oar.jsp?caseyear=12&casenumber=2256&listCase=List+case%28s%29

From the MP3 (linked above) it seems like Strabala is the only person with the "corporate title" appointed by Gensler with the title "Director of Design", it is also funny and/or educational that Gensler's attorney when questioned doesn't know if there was just one Director of Design or a zillion Directors of Design - typically lawyer speak dancing around the truth playing stupid and making wild claims.

IMHO after reading the "Memorandum Opinion and Order [dismissal]" and listing to the appellate level arguments it just doesn't seem like there is much to this case other than a fishing expedition to prevent Strabala from getting additional business or more likely an attempt by a large company to use the legal system to crush a new start-up.

Oct 21, 13 4:01 pm  · 
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