Miscellaneous
Morgan Stanley > Gender Discrimination > Consent Decree > Miscellaneous
Section 19: Miscellaneous
51. The parties shall continue to be bound by the confidentiality order agreed to in this litigation except that documents protected thereby may be provided to the Special master (or otherwise used in the claims process) or to the Monitor; information provided to EEOC, Morgan Stanley, the Monitor, or the Special Master pursuant to this Consent Decree and designated confidential by the provider shall not be disclosed to anyone other than; (i) EEOC and any experts retained by it to assist it in evaluating the information in connection with this case; (ii) Morgan Stanley and any experts retained by it in evaluating the information in connection with this case; (iii) the Special master; (iv) the Monitor; (v) the Court under seal; and (vi) claimants as reasonably necessary in the Claims Process. Such information and copies thereof and reports based thereon will be destroyed or returned to the provider within thirty (30) days of the expiration of this Consent Decree. The Monitor's reports shall be disclosed only to EEOC and Morgan Stanley. Any person to whom information is disclosed pursuant to this paragraph shall agree to keep the information confidential and not disclose it to anyone.
52. Morgan Stanley's obligation to collect, maintain and distribute information pursuant to this Consent Decree may be limited by applicable foreign law. If a conflict with foreign laws exists, Morgan Stanley shall promptly bring the matter to the attention of EEOC, citing the specific foreign laws provisions at issue. If the matter cannot be resolved, EEOC or Morgan Stanley may seek relief from the Court.
53. This Consent Decree constitutes the entire agreement among EEOC and Morgan Stanley with respect to the subject matter hereof and may not be modified except in writing, signed by EEOC and Morgan Stanley and approved by and filed with the Court, except that EEOC and Morgan Stanley may agree to amend Sections 10-16 and 18 without approval of the Court.
54. Should Morgan Stanley or EEOC believe that the other party has breached any provision of the Consent Decree, the party shall give notice to the other party detailing the claimed breach. The alleged breaching party shall then be given 15 days from receipt of the notice to cure or respond to the alleged breach. If the issue is not resolved, the complaining party shall have the right to apply to the Court for relief. If a party believes it will be prejudiced by having to provide the notice or wait 15 days thereafter, it may apply directly to the Court for relief.
55. Except as otherwise provided pursuant to this Consent Decree, and in the Stipulation of Settlement between Morgan Stanley and Schieffelin, each party shall bear its own attorney's fees and costs incurred in this action.
56. All communications and documents sent to EEOC by Morgan Stanley pursuant to the terms of this Consent Decree are to be sent by fax, overnight express mail or hand delivery to EEOC Regional Attorney, new York District Office. All communications and documents sent to Morgan Stanley by EEOC pursuant to the terms of this Consent Decree, other than those designated for the Fund Administrator, are to be sent by fax, overnight express mail or hand delivery to Mark Greenfield, Esquire, 1221 Avenue of the Americas, 5th Floor, New York, New York 10020.
Signed:
U.S. Equal Employment Opportunity Commission
By Katherine E. Bissell
Regional Attorney
7/12/04
Morgan Stanley & Co., Incorporated and Morgan Stanley
By: Donald G. Kempfeld?
EVP, CCO and Safety?
7/12/04
SO ORDERED
this 12th day of July, 2004
Richard M. Berman, U.S.D.J.
CREDIT: FindLaw's scanned image of the court document.