Take Note

Has #MeToo Changed Workplace Investigations?

The #MeToo movement against sexual harassment and sexual assault gained momentum in October 2017 on the heels of sexual misconduct allegations against film producer Harvey Weinstein. In the months following #MeToo, companies and organizations in all industries and sectors have seen a profound, unprecedented and persistent uptick in the number of reported employee complaints.  #MeToo …

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California Court of Appeal Confirms Privilege for Attorney Workplace Investigations

The California Court of Appeal recently confirmed an important principle for attorney workplace investigators and their clients: a workplace investigation conducted pursuant to an attorney-client relationship is privileged although the attorney workplace investigator’s role is limited to factual findings and does not extend to providing legal advice. See City of Petaluma v. Superior Court of …

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Pao v. Kleiner Perkins : The Investigation

The Bay Area’s tech, venture capital, legal and workplace investigator communities have all been closely watching Ellen Pao’s gender discrimination and retaliation suit against Kleiner Perkins unfold over the last few weeks. If you haven’t been transfixed like I have, here is a brief recap: Pao worked as an associate partner at the prestigious venture …

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The Top Three Reasons to Retain an Attorney Workplace Investigator

You are in-house counsel for a technology company.  You have just learned that one of your company’s Account Executives complained that the Vice President of Sales groped her at a sales team retreat a week ago.  The Account Executive also claimed that the Vice President of Sales gives the best sales accounts to the men …

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