©2025 Seyfarth Shaw LLP Developments in Equal Pay Litigation 2025 | 85 privilege even though the study was initially conducted at the direction and supervision of the employer's in-house counsel. In reaching this conclusion, the court relied on evidence that (1) a second engagement letter to the third-party consultant omitted a reference to "legal advice" that had been present in the first engagement letter, (2) the employer had published data and results from the study in its 2022 Corporate Social Responsibility Report with statements that the analysis was done "to ensure our colleagues receive fair, competitive and equitable pay," and (3) the study results were shared publicly with shareholders and the general public rather than being kept confidential for legal purposes.
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