GWU Decries EEOC 'Misconduct' In Email Privilege Dustup

Law360 (July 28, 2020, 3:04 PM EDT) -- A Gibson Dunn lawyer representing George Washington University in a gender discrimination suit tore into the U.S. Equal Employment Opportunity Commission on Tuesday, claiming the workplace bias watchdog committed "misconduct" by looking at emails the school's legal team asserted were privileged.

During a lengthy telephone hearing, Gibson Dunn & Crutcher LLP partner Jason Schwartz told a federal magistrate judge in no uncertain terms that the EEOC committed "an act of dishonesty" by reviewing emails after he had made clear they were privileged.

"Reviewing the documents after having received my notice that they were privileged is the equivalent of opening up opposing...

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