Sexic action against Blizzard for conflict of interest endangered (Update)
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Update 11.10.21: As we reported in this article, the Dfeh appeal to the comparison with the EEOC, because it could damage your own case. The EEOC once again appealed to the intervention of the Dfeh. The Dfeh has violated the California rules rules by employing two lawyers who had previously worked on the EEOC s own investigation against Activision. So there is a conflict of interest, which could have serious consequences in the case of the Dfeh.
The objection of the EEOC revealed that two of the leading lawyers of the DFEH intervention were not only former EEOC employees, but also two of the most important lawyers, which were previously entrusted with the EEOC examination of Activision Blizzard.
Since they have joined the state investigation without knowledge or permission of the federal authority and initially led the intervention against the $ 18 million comparison, at least part of the state investigation could violate Rule 1.11 (a) (2) of the California rules, The former government employees explicitly prohibit a client in conjunction with a matter in which the lawyer was personally involved without prior written consent.
Main appeal against Blizzard floats in the air
This conflict of interest could be a much greater problem for the DFEH as the comparison of the EEOC, as it is considered infringement of professional ethics and as potential violation of confidentiality and could even cause the entire Californian action to be endangered. It is apparent from the highly blackened document that the DFEH has not only committed to a forbidden representation, but that the speed with which it commissioned a new legal guard after the notion of the facts and subsequently submitted its objection to that the application to be attributable to the work of the previous lawyer.
Since the likelihood that the excluded lawyers are given important information in their previous representation or have passed on confidential information from the EEOC examination in which they were involved, this threatens to stain the entire case, regardless of whether the lawyers concerned replaced will.
Original
At the end of September, we reported that Activision Blizzard was able to reach an agreement with one of his four major lawsuits and pays $ 18 million. This little victory in a large court battle could now be worth nothing. The DFEH (California Department of Fair Employment and Housing), which leads the main investigations in sexic action against Blizzard, raises objection to the comparison.
The California DFEH has filed an application by court to stop this comparison. It argues that clauses belong to the conditions of the Comparison that could allow Blizzard to remove evidence of reports on sexual harassment, and that there is the possibility of investing part of the comparative money again in Activision Blizzard programs.
Worry about possible proof destruction
Already in advance, allegations stood in the room that Blizzard had tried to destroy evidence relating to the sexism complaint. The responsible persons of the company gave the following statement:
We committed us to make Activision-Blizzard for the most inviting, integrative and secure workplace as possible. Our agreement with the EEOC reflects our commitment to significant improvements and transparency, as well as providing immediate compensation for legitimate employees who decide to participate. Activision Blizzard ensures a workplace that is free of discrimination, harassment or unequal treatment of any kind. - Activision Blizzard.
Since the Dfeh has declared that this comparison refers directly to its ongoing case and could harm him, it will be interesting to see how this special injunction affects. It should also be noted that the EEOC has failed to communicate with the DFEH on the proposed comparison and has not been maintained until the current court proceedings are completed, which further complicates the agreement.
Source: solidelyop.com
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