News & Analysis as of

Internal Investigations Best Management Practices

Davies Ward Phillips & Vineberg LLP

Governance Insights: Protecting Information to Protect Process – When is it Appropriate to Restrict a Director’s Access to Board...

When is a board of directors permitted to withhold information from one of its members? Although the Canadian corporate statutes generally grant directors a blanket right to inspect board and committee minutes, there is...more

Reveal

Best Practices, Scenarios, and Tools for Optimal Outcomes

Reveal on

From a human resources (HR) perspective, the workplace is full of landmines. From combatting sexual harassment allegations to providing reasonable accommodations for people with disabilities, employers have their work cut out...more

Cozen O'Connor

HR Investigations Pay Dividends: A Healthier Workplace and Protection in Court

Cozen O'Connor on

Many HR professionals spend a significant amount of time investigating employee complaints and, depending on the outcome of these investigations, implementing corrective measures to halt and prevent bad behavior in the...more

BCLP

Investigating Claims of Harassment: A Step-by-Step “How To” Part 2: Interviewing the Complainant and Planning the Remainder of the...

BCLP on

You have received a complaint of harassment. What next? In this second part of a six-part series, we focus on interviewing the complainant and planning the remainder of the investigation. ...more

BCLP

Investigating Claims of Harassment: A Step-by-Step “How To” – Part 1: The Complaint

BCLP on

What if you were the Human Resources representative that received a complaint that Harvey Weinstein, Matt Lauer, Charlie Rose, or any of the other number of accused sexually harassed an employee? What if you were the in-house...more

Latham & Watkins LLP

5 Steps Toward a Workplace Without Sexual Misconduct

Latham & Watkins LLP on

Sexual misconduct in the workplace has featured prominently in the news this year. TIME Magazine named the “silence breakers” as its Person of the Year. And US lawmakers have introduced a bipartisan bill to bolster employees’...more

Miles & Stockbridge P.C.

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

Miles & Stockbridge P.C. on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Top 10 Workplace Investigation Mistakes: Part II

In part one of this two-part series, we covered five of the most common mistakes that employers make while conducting workplace investigations, including poor complaint mechanisms, ignoring employee complaints, failing to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Top 10 Workplace Investigation Mistakes: Part I

Resolving conflict in the workplace is a key issue for employers. Legal requirements have continued to expand in terms of what courts expect employers to do in order to prevent and correct wrongful behavior. In response,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Lessons from Deflategate: 5 Ways to Avoid Workplace Investigation Fumbles

Over the years, the topic of workplace investigations has gained increasing importance in the HR and employment law world. Now, with investigations routinely making headlines, they have become a part of our popular culture as...more

Constangy, Brooks, Smith & Prophete, LLP

Harassment “Must-Have” No. 5: No Retaliation!

It should be easy to avoid retaliation, right? Because retaliatory conduct is intentional – you can’t “accidentally” retaliate against someone. You can’t “negligently” seek payback....more

Bond Schoeneck & King PLLC

Let’s Get Back to the Basics of Workplace Investigations When the Whistle Blows

Conducting workplace investigations is one of the most challenging and most important duties that Human Resource professionals must take on. With the slew of existing laws, how Human Resource professionals respond to...more

Foley & Lardner LLP

SEC Blows the Whistle on Confidentiality Agreements

Foley & Lardner LLP on

Thanks to a recent enforcement action brought by the U.S. Securities and Exchange Commission (SEC), it may be time to review and revise the confidentiality provisions in employment agreements, severance agreements, employee...more

K&L Gates LLP

How to Conduct Internal Investigations Outside the United States

K&L Gates LLP on

Think of a U.S.-headquartered multinational when it receives an allegation of serious misconduct at one of its overseas operations. Maybe the company whistleblower hotline just got a tip that a secretary in the Buenos Aires...more

Thomas Fox - Compliance Evangelist

Germany in the World Cup and the Alstom FCPA Enforcement Action – Part II

“It was important that we played our game for 90 minutes.” That line was found in a The Daily Telegraph article entitled “The unthinkable scoreline: Brazil 1, Germany 7” by Jeremy Wilson. It was a quote from Mats Hummels,...more

Parker Poe Adams & Bernstein LLP

Protecting Internal Investigations from Disclosure: Suggested Best Practices

A recent case out of the D.C. Circuit highlights some best practices that can boost the odds that the attorney-client and work product protections will shield internal investigation records. Although not precedential outside...more

The Volkov Law Group

Internal Investigations: Soup to Nuts (March 13, 2014)

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More and more companies need to conduct internal investigations as an important strategy to protect the company against serious government investigations. Not all internal investigations have to be conducted in the same way....more

The Volkov Law Group

Five Most Common Weaknesses in Anti-Corruption Compliance Programs

The Volkov Law Group on

In this Internet-age of ADHD and simplistic thinking, I thought I would contribute this week by putting together some lists of common themes in the ethics and compliance world. Unfortunately, we are all addicted to quick...more

The Volkov Law Group

Reporting On An Internal Investigation (Part IV of IV)

The Volkov Law Group on

The art of internal investigations is the ability to identify risks, adapt to those risks and avoid knee-jerk solutions. There are lots of nuances to internal investigations issues and the best practitioners in this area are...more

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