The Faragher-Ellerth Affirmative Defense as Implied Waiver of Privileges: Is the Defense a Shield or Double-Edged Sword?
By Daniel F. Blanchard, III 14 S. Carolina Lawyer 38 ARTICLE: THE FARAGHER-ELLERTH AFFIRMATIVE DEFENSE AS IMPLIED WAIVER OF PRIVILEGES: IS THE DEFENSE A SHIELD OR DOUBLE-EDGED SWORD? [*38] Emerging case law…