News & Analysis as of

Confidential Information Internal Investigations

Accused of Taking Confidential Information? Five Immediate Steps That Can Limit Risk

by Kobre & Kim on

Disputes over trade secrets and confidential information have increased dramatically in recent years. Often arising after a business hires an employee from a competitor, a proposed acquisition falls through, or information is...more

Revenge of the Whistle-blower: Possible Consequences of Compliance Failures

In a company with a robust compliance culture, potential whistleblowers can express their concerns without fear of retribution. By contrast, the penalty for a culture that silences whistleblowers just got steeper. Companies...more

Reserving Privilege for the Few: The High Court Confirms the Narrow Interpretation of “Client” for the Purposes of Legal Advice...

by Latham & Watkins LLP on

Following Three Rivers (No 5) [2003] EWCA Civ 474, the High Court has held that notes of interviews of employees, prepared as part of certain internal investigations by a bank’s solicitors, for the purpose of enabling the...more

When Employees Leave With Your Secrets

Recently I shared the podium with an FBI agent who was asked what frustrated him the most when trying to help businesses with trade secret theft. His answer was a surprise: they fire the guy too fast! He explained that when...more

Construction One-Minute Read: Carefully Crafting Internal Reports

Contractors often prepare internal investigative reports concerning situations that could lead to future litigation. Like most other internal business records, internal reports are discoverable in litigation. Once disclosed...more

Proskauer Joins Heads of SEC & OSHA Whistleblower Programs in Webinar

On September 27, 2016, Proskauer Partner Steven J. Pearlman, co-head of the Whistleblowing & Retaliation Practice Group, participated in a Bloomberg webinar with Jane Norberg, Acting Chief of the SEC Office of the...more

Why You May Want To Reconsider Promising Confidentiality To Whistleblowers

by Allen Matkins on

In this recent post, I suggested that absolute guarantees of confidentiality to whistleblowers may be counterproductive. In today’s post, I will elaborate on why....more

The European, Middle Eastern and African Investigations Review 2016: United Kingdom: handling internal investigations

by WilmerHale on

With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for...more

Internal Investigations and Privilege: A Redux

by Bennett Jones LLP on

An internal investigation into a workplace accident was privileged, and thus protected from disclosure, the Alberta Court of Queen’s Bench recently held in Alberta v Suncor Energy Inc, 2016 ABQB 264 [Suncor]. The Court found...more

Internal Investigative Reports That Lead to Discipline Are Not Exempt Adjudicatory Records under FOIA

by Franczek Radelet P.C. on

An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s...more

Expanded Protections for Documents Developed in the Course of Internal Investigations and Located at the Client’s Business...

by K&L Gates LLP on

A ruling by the Regional Court (Landgericht) of Braunschweig published late last year has strengthened the protections of confidential information gained or developed in the course of internal investigations....more

Dismissal for Sharing Confidential Information Was Unfair

by Faegre Baker Daniels on

In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...more

Best Practices: Keeping Corporate Communications Professional And Out Of The Courtroom

by McManis Faulkner on

Corporate communications occur primarily electronically. It is important for companies to ensure these communications stay where they belong — within the company, not broadcast in a courtroom where a judge or jury can inject...more

And The Beat Goes On… The NLRB's Attack on Confidentiality Continues

by Fisher Phillips on

Many employers believe they have the absolute right to prohibit their workers from disclosing “confidential” information to coworkers and third parties. They are dead wrong. The National Labor Relations Board (NLRB) has...more

Trusting Human Resources: A Fantasy or a Necessity?

by Shipman & Goodwin LLP on

A few weeks back, one to the best bloggers you may not be reading — Robin Shea — posted about the scathing press that Amazon had been receiving about its workplace and posed this question: Can Employees Trust Human Resources?...more

Corporate Investigations & White Collar Defense - September 2015

No Dog Days of August for the SEC—A Recap of a Busy Month - Why it matters: Who says there is a government slowdown in August? Not for the SEC. August 2015 turned out to be very busy indeed for the agency, which...more

Is Hong Kong Doing Enough for Whistleblowers?

by DLA Piper on

There is currently no specific statutory legislation offering protection from retaliation for whistleblowers in the workplace in Hong Kong. Protections are not far reaching, and not purposedesigned to deal with whistleblowing...more

United Kingdom: handling internal investigations

by WilmerHale on

With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for...more

Cooperation, the SEC and FOIA

by Dorsey & Whitney LLP on

A critical part of cooperating with an SEC or DOJ investigation for FCPA or other possible violations is the production of documents. In order for the company to assess what happened it must conduct an internal investigation...more

NLRB Limits Confidentiality in Workplace Investigations

by Morgan Lewis on

In two decisions issued on June 26, the National Labor Relations Board overruled its longstanding precedent holding that employers may withhold witness statements from requesting unions and further held that general policies...more

Can You Keep a Secret? The SEC Says to Ask Carefully

by Baker Donelson on

Employers have a lot to be worried about. Employees are given access to trade secrets, customer lists, financial accounts, and other highly sensitive, confidential information. Most employers attempt to deter improper use of...more

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

Delaware Supreme Court Extends Shareholder Books and Records Inspection Rights to Privileged Internal Investigation Documents

by King & Spalding on

A recent decision of the Delaware Supreme Court approved granting shareholders the right to inspect privileged and confidential internal investigation materials upon showing “good cause.” Directors and general counsels should...more

Careful Measures May Be Needed to Protect Privileged Internal Investigative Materials

In March, the U.S. District Court of the District of Columbia ordered defense contractors Kellogg Brown and Root Inc. and Halliburton’s (“KBR”) legal department to produce internal investigative reports that KBR contended...more

Adopting A Vision: Putting The Pieces Together (Part II of IV)

by Michael Volkov on

People need a vision to inspire them. I know this sounds corny but I always used this motto as a motivational tool. If you can see the goal, then you can figure out a way (or ways) to achieve the goal. If you conduct a set...more

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