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- In the wake of the Harvey Weinstein sexual assault and harassment cases, many corporations are drafting Harvey Weinstein clauses. This is an attempt to manage their risk of large sexual-harassment settlements and public relations disasters.
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Defendant Harvey Weinstein was charged with: one count of first-degree criminal sexual act under Penal Law § 130.50 (1), based on allegations that, on July 10, 2006, defendant forcibly performed oral sex on Complainant A in his New York City apartment; one count of first-degree rape under Penal Law § 130.35 (1) and one count of third-degree ...
Oct 5, 2017 · Many women who worked with Mr. Weinstein said they never experienced sexual harassment or knew of anyone who did, and recalled him as a boss who gave them valuable opportunities at young...
- Jodi Kantor, Megan Twohey
- Questions in This Episode
- What Is The Harvey Weinstein Clause
- Sometimes Clauses Create More Questions That Answers
- What Defines Knowledge and Reasonableness
- Codes of Conduct and Employee Handbooks
- What About The Next Vice Presidents?
- Defining Sexual Misconduct
- Ten Years Is A Long Time
- Are Contractors Covered?
- When The General Counsel Is Accused of Sexual Misconduct?
What is a Harvey Weinstein clause?Whose definition of sexual harassment should you use?Where are reasonableness and knowledge defined?When are contractors included in the clause?Harvey Weinstein clauses began appearing in corporate contracts in 2018 after Harvey Weinstein was infamously accused of sexual assault, sexual harassment, and rape. The New York Times published the explosive story in October 2017 about dozens of women accusing Weinstein of rape, sexual assault, and sexual abuse over more than 30 years. Since then,...
The Harvey Weinstein clause in the Salesforce and Tableau merger document contains many words and undefined terms that simply raise more questions. For example, precisely what is “sexual harassment” in this clause? Is the company looking at what the courts say as they review sexual harassment as an offshoot of sexual discrimination in Title VII cas...
The Salesforce document defines knowledge as inquiry of such parties who would be reasonably expected to have actual knowledge. So what is reasonable as used here? Is it a reasonable HR professional, or a reasonable attorney, or a reasonable man or woman? It’s unclear. Also, using the term “actual knowledge” seems like a smart thing to do. Someone ...
Most companies have codes of conduct and employee handbooks, but they still have to follow the law. Typically, the code of conduct is a public document, and the employee handbook is not. A company’s employee handbook will have the company policy, how to report issues and use the hotline, ombudsman information, the procedures, and other details not ...
The GPC merger document is an example of using a Harvey Weinstein clause that raises more questions than it answers. Why do they use just the last five years? Did something happen six or seven years ago, and now it is cleared up? Why is the cutoff line at the Vice President level? What is the succession plan of employees who will soon be promoted t...
The Wordstream document refers to sexual “misconduct,” but what is it? For example, at a festive pre-Covid Christmas party at somebody’s house, suppose people are drinking and having fun. But, someone standing under the mistletoe gets an unexpected and unwanted kiss. Is that sexual misconduct? Do you have to disclose it? Some companies have sexual ...
As in-house counsel, you would only want to use a ten-year term if you really know the company is clean. And it isn’t easy to know. Employees come and go all the time. You might need to get affidavits from all HR people past and present for the prior ten years. Also, companies have various document destruction protocols, so you may not have all the...
This clause includes sexual harassment and sexual misconduct by contractors, as well as directors, officers, and certain employees. Companies are responsible for protecting their employees. It is interesting to see what language they use regarding contractors. However, when there is an allegation against a contractor, companies immediately terminat...
Specifically, the reporter wanted to know whether it was unusual that Chevron had added this clause into its merger documents with Noble Energy. In 2020 Chevron acquired Noble Energy, and the Harvey Weinstein clause they used in their prospectus is above. As background in 2017, the general counsel of Noble Energy allegedly videotaped a female emplo...
Oct 9, 2017 · How did Hollywood producer Harvey Weinstein prevent allegations of sexual harassment and sexual assault from surfacing for so long?
Dec 15, 2022 · Today Weinstein is in an LA jail, awaiting a verdict from an LA court at his second trial for sexual assault and rape. He is already serving 23 years for sexual assault.
- Zelda Perkins
Nov 21, 2017 · Weinstein used nondisclosure agreements like the one Gutierrez signed to evade accountability for claims of sexual harassment and assault for at least twenty years.
2 days ago · Citing the recent overturning of Harvey Weinstein’s sex crimes conviction in New York, members of the New York State Assembly are introducing a bill this week that would amend the state’s ...
