News & Analysis as of

Internal Investigations Evidence

General Cable FCPA Enforcement Action – Part II: The Comeback

by Thomas Fox on

Yesterday I began an exploration of the General Cable Corporation (General Cable) Foreign Corrupt Practices Act (FCPA) enforcement action. It was settled with the DOJ via a Non-Prosecution Agreement (NPA) and the SEC via a...more

E-Mail Communications: The Devil is on the Server

by Michael Volkov on

It is hard to imagine how prosecutors were able to bring cases before there was email communications. When I was a prosecutor, we looked for evidence in a lot of other sources, internal memos, calendars and other places where...more

California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

by Best Best & Krieger LLP on

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...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

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

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Assistant Attorney General Caldwell Clarifies Application of Yates Memo on Individual Accountability

On September 22, 2015, the U.S. Department of Justice’s Assistant Attorney General in charge of the Criminal Division, Leslie R. Caldwell, spoke at the Global Investigations Review Conference in New York, addressing the...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

The Frustrating EEOC Conciliation Process

Employers are often frustrated when dealing with the Equal Employment Opportunities Commission (EEOC) regarding employee Charges of Discrimination. Many EEOC charges are legitimate and allow current or former employees an...more

“After” What? Subsequent Remedial Measures Excluded In Zimmer Evidentiary Win

by Reed Smith on

Last weekend, we celebrated Mother’s Day. As we contemplated the text message and the Tufts University mug we received from the Drug and Device Rock Climber, it occurred to us that we could hardly remember a time before that...more

Focus on China Compliance - Fall 2014

by McDermott Will & Emery on

In This Issue: - Between a Rock and a Hard Place: Navigating Disclosures to U.S. Regulators Within the Framework of China’s State Secrets Law - Internal Investigations in China: Collecting and Reviewing Digital...more

Assessing Credibility While Conducting Harassment Investigations

by Foley & Lardner LLP on

Employee Jones tells Human Resources that employee Smith has been making sexually offensive comments at work. Jones provides dates and details. Human Resources interviews Smith, who says Jones is making up the story and...more

Global HR Hot Topic - April 2013: Internal Investigations in Overseas Workplaces

by White & Case LLP on

Challenge: In America, internal investigations into suspicions and allegations of employee misconduct follow an increasingly well-defined approach. But exporting US investigatory best practices raises unexpected...more

Internal Investigations: Making A Decision (IV of IV)

by Michael Volkov on

Companies need to be careful when resolving an internal investigation. Assuming the results of an internal investigation are only used internally and not reported to a government agency, companies have to act transparently...more

Internal Investigation Procedures (Part I of IV)

by Michael Volkov on

This is the first of four postings on internal investigations. The focus of these postings is not the high-profile internal investigations which are regularly disclosed to the SEC or reported in the press. Instead, I am...more

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