If you thought things were very fair with the case of the State of California and your lawsuit before Activision Blizzard, comes curves. A federal agency accuses the attorneys in the case of ethical violations and could go against state law.
This lawsuit, initiated in July by the California Department of Housing and Fair Employment, cited constant sexual harassment, unequal wages and retaliation against female workers. After subsequent investigations, others were born like the EEOC, is already more or less appeased after an agreement.
However, the first and original refuses to settle because it could damage the case and lead to the sealing, destruction or manipulation of fundamental evidence for the investigation; that yes, it expanded it shortly after because Blizzard interfered in the process.
Now, EEOC objects to DFEH’s objection, claiming that it may have committed an ethical violation. As explained in PC Gamer, the problem is that two attorneys handling the case seem to have been working for the EEOC.
And not only that, but they worked on the EEOC investigation of Activision Blizzard and that led to the agreement opposed by the DFEH. Explained in EEOC memo: “Specifically, the two DFEH attorneys worked at the EEOC and helped lead the investigation in Commissioner’s charge No. 480-2018-05212 against Activision Blizzard.“.
“These same attorneys proceeded to represent the DFEH in relation to these intervention procedures, which sought to oppose the consent decree arising from the same investigation that they helped direct while they were at the EEOC.“.
If true, it would be a legal gap in professional conduct, as explained by the attorney Andrew Torrez, ban former employees “represent a client in connection with the matter where a lawyer participated personally and substantially as a public official or employee“.
According to the lawyer Richard HoegIt’s a pretty serious matter, violating something that the EEOC claims applies to all attorneys in the State. To top it off, the DFEH may have realized the error.
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“After being informed of this conflict, the DFEH contacted a new lawyer, although it seems to have presented the motion to intervene hours after he was hired, which suggests that this motion was a product of prohibited representation.“.
Come on, everything can be in an even bigger eggplant right now. Lawsuits, coronavirus, falls, from the 2020 Activision Blizzard swims against the tide, but this 2021 does not seem to be getting better.