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City of Petaluma v. Superior Court (Andrea Waters)

Articles Discussing Case:

California Court of Appeal Finds Fact Investigation by Outside Counsel is Privileged

FordHarrison LLP • July 06, 2016
Executive Summary: In City of Petaluma v. Superior Court (Andrea Waters), the California Court of Appeal recently held that outside counsel's fact investigation of an employee's harassment and discrimination claims conducted prior to litigation was protected by the attorney-client privilege and work product doctrine. Further, the employer's assertion of the avoidable consequences defense (i.e., that the employer took reasonable steps to prevent and correct harassment, but the employee failed to use those measures) in a subsequent lawsuit did not waive the privilege as to a post-employment investigation.