More Privilege Articles
Privilege Issues In High-Profile Corporate Sexual Harassment Case: Part II
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 firing of its CEO for sexual harassment. Parneros v. Barnes & Noble, Inc., 382 F.R.D. 482 (S.D.N.Y. 2019).Read More
Privilege Issues In High-Profile Corporate Sexual Harassment Case: Part I
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., 332 F.R.D. 482 (S.D.N.Y. 2019), Barnes & Noble’s General Counsel Bradley Feuer investigated alleged sexual harassment misconduct by then CEO Demos Parneros.Read More
How Can Companies Successfully Assert the "Functional Equivalent" Doctrine?
Starting in 1994, most courts have recognized an enormously important privilege doctrine – treating as if they were full-time corporate employees independent contractors who are the "functional equivalent" of such employees. As companies' outsourcing has dramatically increased since then, this "functional equivalent" doctrine has become a key weapon in corporations' privilege arsenal.Read More