Internal Investigations

News & Analysis as of

Courts Reject Protection for Corporate Investigations, but Offer Helpful Guidance: Part II

Last week's Privilege Point described two cases rejecting defendant's protection claims for internal investigations. In each case, the court held that the defendant undertook its investigation in the ordinary course of its...more

Recent FCA Commentary on Internal Investigations by Firms

On November 6, the UK Financial Conduct Authority (FCA) published a speech by Jamie Symington, director in enforcement (wholesale, unauthorized business and intelligence), on FCA-regulated firms’ internal investigations of...more

Courts Reject Protection for Corporate Investigations, but Offer Helpful Guidance: Part I

Companies' internal investigations can deserve (1) privilege protection, if primarily motivated by the need for legal advice; and (2) work product protection, if primarily motivated by anticipated litigation. In both...more

Think you can keep your internal investigations confidential? Think again.

Many employers have rules or policies directing employees who are involved in a workplace investigation to keep their conversations with investigators confidential and to refrain from discussing the matter with colleagues...more

D.C. Circuit Court of Appeals May Limit the Board’s Standard for Evaluating Employers’ Confidentiality Policies

In Hyundai Am. Shipping v NLRB, No. 11-1351 (Nov. 6, 2015), the D.C. Circuit Court of Appeals recently enforced a Board order with respect to a work rule that prohibited employees from discussing matters under investigation...more

Corporate and Financial Weekly Digest - Volume X, Issue 44

BROKER-DEALER - FINRA Issues Investor Alert Regarding IRS Phone Scam - The Financial Industry Regulatory Authority issued an Investor Alert warning investors about a phone scam involving phone calls allegedly...more

FCA speaks on internal investigations

Jamie Symington has spoken on firms’ internal investigations of their own affairs. Mr Symington discussed the importance of early engagement with FCA so the regulator can assess the need for input accordingly, the attention...more

"Key Takeaways: The Latest Developments in US Export Controls - Export Control Reform and Compliance Strategies"

On October 22, 2015, Skadden presented a webinar titled “The Latest Developments in U.S. Export Controls: Export Control Reform and Compliance Strategies.” Guest speakers were Benjamin Turkel, trade compliance counsel at...more

What is “Actionable” for Harassment Claims To Succeed

As I continue recapping various sessions from the ABA Labor & Employment Law Annual Conference last week in Philadelphia, it’s time to turn to what makes claims “actionable” under today’s harassment laws. In other words,...more

A Prompt Response to a Harassment Complaint Can Be the Difference Between Liability and No Liability

A recent federal district court from Illinois graphically demonstrates the benefits of a prompt response when an employer receives an internal harassment complaint from an employee. In this case, a female employee complained...more

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

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

New “Guidance” from DOJ on Compliance

I am a positive person (anyone who has to say that raises doubts). At least I like to think I am. I am not yet sold on the wisdom of DOJ’s hiring of a compliance counsel....more

Court Rules Target Data Breach Internal Investigation Documents Largely Protected by Attorney-Client Privilege/Work Product...

The Minnesota magistrate judge presiding over discovery in the litigation seeking to hold Target Corp. liable for the retailer’s 2013 data breach issued an order denying the motion by a plaintiff class of about 9,000 banks to...more

Cross-Border Investigations Update - November 2015

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including developments in U.S. Foreign Corrupt Practices Act enforcement; the introduction of...more

[Event] 2015 Ethics & Compliance Virtual Conference - Nov. 17th, Virtual

Don't miss the largest ethics & compliance industry event of the year! Brand New Topics & Sessions! * Hear nine engaging sessions—including our Keynote by Governor Thomas J. Ridge—and gain practical takeaways to...more

Lessons Learned from Target’s Data Breach Discovery Win - Five Strategies for Maintaining Privilege in the Aftermath of a Data...

A thousand questions immediately flood any lawyer’s mind when they first hear that their client may have been affected by a data breach. How did it happen? What data were affected? Was there any personal information affected,...more

Focus on China - October 2015

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

The Asia-Pacific Investigations Review 2016

It goes without saying that wrongful conduct in a corporate setting can have drastic and irreparable legal, commercial and reputational consequences for the individuals and entities involved. Internal investigations, which...more

Failing to Prevent Bribery: Ten Key Takeaway Points on the Latest Bribery Ruling

UK authorities have disposed of the first corporate offence of 'failing to prevent bribery' four years after the offence became available, with Brand-Rex Limited self-reporting contravention of the Bribery Act 2010 and...more

The E-Discovery Digest - October 2015

In This Issue: - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure Other - Spoliation Decisions: ..Spoliation Sanctions...more

Whom Should You Suspend During an Internal Investigation?

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...more

Whistleblower Risk for Private Companies: Misperceptions About Whistleblower Protections Could Cost Private Companies

Sarbanes Oxley made it clear: publicly traded companies must protect whistleblowers from retaliation, or face large fines and legal actions. Yet a widely misunderstood ruling last year by the Supreme Court opened up...more

Principal Deputy Assistant Attorney General Mizer Sheds Additional Light on Individual Accountability and the Yates Memo

On October 22, 2015, the U.S. Department of Justice Principal Deputy Assistant Attorney General Benjamin C. Mizer, who oversees DOJ’s Civil Division, spoke at the 16th Pharmaceutical Compliance Congress and Best Practices...more

Background Screening – When is Section 603(y) Applicable?

When a company uses commercial background checks to evaluate the suitability of job applicants, they must comply with the Fair Credit Reporting Act (FCRA), which regulates the collection, dissemination, and use of consumer...more

Eye of the Storm: Be Prepared for Cross-Border Data Compliance Ahead of the January 1 Deadline

The eye at the center of a hurricane is the calmest part of the storm. Winds subside. Blue skies appear. A sense of relief falls over everyone because the immediate danger seems to have passed. But one of the biggest...more

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