Here is what I can tell about the DFEH/EEOC dustup over the settlement we discussed in Episode 530. Buckle up! /1 openargs.com/oa530-andrew-t…
Two days ago, the DFEH moved to intervene (and to shorten time for consideration of that motion) in the case in order to object to the settlement on the grounds that it was inequitable. So I went to see if the EEOC intends to object to that intervention... /2
Turns out: YES, the EEOC filed their objection yesterday, under seal, and for VERY different reasons than I suspected. The EEOC has argued that the two main California state DFEH lawyers were former EEOC lawyers... /3
..who were two of the key lawyers initially assigned to the EEOC's investigation of Activision! (See p. 5-6). These lawyers then left the EEOC at some point (that's redacted) and went to go join the California DFEH, where they proceeded to head up.... /4 openargs.com/wp-content/upl…
...the *California DFEH* investigation into Activision, apparently without permission of (or informing) the EEOC. Then, those lawyers informed the EEOC that they intended to object to EEOC's 9/27 settlement that was the subject of our episode. (p. 4) /5 openargs.com/wp-content/upl…
The EEOC, understandably, freaked out. DFEH quickly engaged outside counsel and put new folks in charge of the intervention, but if the facts are as they appear, the *entire* DFEH investigation may violate Rule 1.11(a)(2) of Calif. Rules of Prof Conduct /6 calbar.ca.gov/Portals/0/docu…
...which explicitly prohibit former governmental employees from "represent[ing] a client in connection with a matter in which the lawyer participated personally and substantially as a public official or employee" without prior written consent... /7 calbar.ca.gov/Portals/0/docu…
...which apparently didn't happen. If DFEH just *failed to screen* the former EEOC lawyers, it's in trouble. But if it let those lawyers RUN THE INVESTIGATION OF ACTIVISION without permission from the EEOC, things are going to get very ugly. Can't wait to see DFEH's side! /END
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