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Executive heads continue to roll in the wake of the #MeToo movement, which now has boards of directors and shareholders in its crosshairs. This has produced vigorous debate regarding the responsibility to avoid and remedy workplace harassment. Plaintiffs have asserted legal claims against outside directors and some investors, alleging that board and investor actions—or lack of action—aided and abetted harassment by company employees.

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"In the trial world, I see an array of subtle, unsubtle and utterly ingenious strategies being devised by other lawyers to deploy on each other. As we shall see, I call these external strategies. The common theme, among the best external strategies, is that they are bespoke to the circumstances. One size does not fit all. A provocation strategy may work masterfully in some situations and backfire horribly in others"

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