In Pecile v. Titan Capital Group, LLC, 2014 NY Slip Op 05053, 119 A.D.3d 446 (App. Div. 1st Dept. July 3, 2014), the Appellate Division, First Department held that the plaintiffs in this sexual harassment lawsuit[1]Redacted. are entitled to production of
(1) all documents concerning complaints of sexual harassment and/or retaliation, whether internal or external, made by defendants’ current and/or former employees who worked at defendant Titan Capital Group, LLC (Titan), from any time between January 1, 2005 and the present, as well as the identities of any such complaining employees; and (2) all communications between defendants and members of the press or public relations firms that relate to this lawsuit or plaintiffs’ claims, to the extent such communications are not protected by the attorney work product doctrine or attorney-client or other applicable privilege[.]
It also modified the lower court’s order to (i) remove, as to the “request for production of documents relating to complaints of sexual harassment and/or retaliation, as well as any complainants’ identities, for the period from January 1, 2005 to the present,” the restriction to the period of plaintiff’s employment, and (ii) “require production of any press release or other communication between defendants and members of the press or public relations firms that relates to this lawsuit or plaintiffs’ claims, to the extent such communications are not protected by the attorney work product doctrine or attorney-client or other applicable privilege.”
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