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Report Warned Wal-Mart Of Risks Before Bias Suit

Publication Date: 
June 03, 2010
The New York Times
Steven Greenhouse

Professor George Fisher is quoted on whether or not a judge would allow the subpoena of a report by Akin Gump warning Wal-Mart about risks of a discrimination lawsuit. Steven Greenhouse of The New York Times reports:

More than six years before the biggest sex discrimination lawsuit in history was filed against Wal-Mart Stores, the company hired a prominent law firm to examine its vulnerability to just such a suit.

The law firm, Akin Gump Strauss Hauer & Feld, found widespread gender disparities in pay and promotion at Wal-Mart and Sam’s Club stores and urged the company to take basic steps — like posting every job opening and creating specific goals to promote women and minorities — to avoid liability.


George Fisher, a Stanford University law professor who specializes in evidence, said he doubted that a judge would allow the plaintiffs’ lawyers to subpoena the report because it was protected by attorney-client privilege. Another legal expert concurred.