Imagine this scene: The location is the office of the CEO. The players are the CEO and GC. The dialogue is the CEO clutching papers in her hand saying, “This lawsuit is garbage. How dare they sue us?” Pointing the papers at GC, she then says, “Get a private eye to investigate this plaintiff, and come to think of it, his lawyer too. Dig up the dirt. This is war.”
And in the next act, the conscientious GC does what? Before writing the act, first check out a July 2016 case from New York, Meyer v. Kalanick and Uber Technologies (E.D.N.Y. 2016), in which Judge Rakoff’s opening line says it all: “It is a sad day when, in response to the filing of a commercial lawsuit, a corporate defendant feels compelled to hire … private investigators to conduct secret background investigations of both the plaintiff and his counsel.”
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