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Sexual Harassment Attorney-Client Privilege

McGuireWoods LLP

Defendant Dodges a Bullet When Preparing a Two-Part Faragher-Ellerth Report

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Based on two United States Supreme Court decisions, defendants sometimes may assert what is known as a "Faragher-Ellerth" affirmative defense to discrimination and harassment claims. To successfully assert that affirmative...more

Proskauer - California Employment Law

House of Cards: What Employers Can Learn From Kevin Spacey’s Alleged Missteps

Kevin Spacey’s legal troubles have taken a costly turn as the production companies behind Netflix’s House of Cards recently asked a California court to confirm an arbitration award of almost $31 million against Spacey for...more

McGuireWoods LLP

Privilege Issues In High-Profile Corporate Sexual Harassment Case: Part IV

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The last three Privilege Points described six favorable analyses from a Southern District of New York decision (Judge Gorenstein) assessing defendant Barnes & Noble's privilege assertions covering its investigation and later...more

McGuireWoods LLP

Privilege Issues In High-Profile Corporate Sexual Harassment Case: Part III

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The last two Privilege Points described four favorable analyses from a Southern District of New York decision (Judge Gorenstein) assessing defendant Barnes & Noble’s privilege assertions covering its investigation and later...more

McGuireWoods LLP

Privilege Issues In High-Profile Corporate Sexual Harassment Case: Part II

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Last week’s Privilege Point described two favorable analyses from a Southern District of New York decision (Judge Gorenstein) assessing defendant Barnes & Noble’s privilege assertions covering its investigation and later...more

McGuireWoods LLP

Privilege Issues In High-Profile Corporate Sexual Harassment Case: Part I

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The Southern District of New York (Magistrate Judge Gorenstein) issued an extensive privilege decision with several favorable analyses in a high-profile corporate sexual harassment case. In Parneros v. Barnes & Noble, Inc.,...more

Brooks Pierce

The impact of society’s demands for transparency on internal investigations and their investigators

Brooks Pierce on

There has been much attention — and rightfully so — on the impact of the #MeToo movement within the workplace. That impact has significantly changed employment policies and practices from large national corporations to small...more

Haynsworth Sinkler Boyd, P.A.

Should You Look Outside Your Organization To Investigate A Sexual Harassment Complaint?

A recent article in The New York Times questioned the propriety and effectiveness of a sexual harassment investigation conducted by a company’s Human Resources Department. The article noted the “inherent conflict of...more

Ruder Ware

Matt Lauer, Charlie Rose, Harvey Weinstein, Bill O’Reilly, Who’s Next?—Are you prepared for harassment allegations in your...

Ruder Ware on

Sexual harassment in the workplace is not new. However, the rash of recent cases reported in Hollywood, Corporate America, and our Federal Government are shining a new spotlight on the issue. As an employer in Wisconsin,...more

Foley & Lardner LLP

Me Too, But Now What? What Board Members Need to Know About Workplace Sexual Harassment

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Allegations of workplace sexual harassment and assault have recently made headlines from Silicon Valley to Hollywood and have brought down the careers of numerous high-profile executives. Partially a response to the uptick in...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Haight Brown & Bonesteel LLP

The First Appellate District Confirms that the Attorney-Client Privilege and the Attorney Work Product Doctrine Apply to...

In City of Petaluma, the former employee filed a charge with the U.S. Equal Employment Opportunity Commission (“EEOC”) alleging sexual harassment and retaliation during her employment with the City of Petaluma (“City”). The...more

Seyfarth Shaw LLP

Personnel Investigation By Outside Attorney Protected From Disclosure In Discovery

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Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more

Mintz - Employment, Labor & Benefits...

Are Your HR Investigation Notes Protected Against Disclosure? Maybe, Maybe Not.

Just last month, two federal district courts reached different conclusions, further contributing to the confusion as to whether notes taken during a Human Resources department investigation of a discrimination or harassment...more

Burns & Levinson LLP

Internal Investigations Can Lead to a Waiver of the Attorney-Client Privilege

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As I have discussed in other blog posts, communications with in-house counsel that are not for the purpose of obtaining legal advice are not privileged. But what happens when outside counsel is hired to investigate a claim of...more

Jackson Walker

Harassment In The Workplace: Dangerous Liaisons

Jackson Walker on

In This Chapter: WORKPLACE HARASSMENT – WHY IT MATTERS - II. THE DEVELOPMENT OF WORKPLACE HARASSMENT IN THE UNITED STATES SUPREME COURT - III. HARASSMENT LAW IN THE FIFTH CIRCUIT AND TEXAS - A. Sexual...more

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