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Privilege
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).
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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.
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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.
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