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When Is An Internal Investigation Not Privileged?

Compliance programs have grown in importance along with the demands of new laws and regulations. These programs are increasingly seen as vital to preventing corporate misconduct or, at least, mitigating sanctions if...more

The Lost Art Of Conducting Effective Workplace Investigations

You are the HR leader for your organization. Whether you are an executive, a human resources professional, an attorney, an owner, or – in many cases – hold more than one of these titles, when HR issues arise, they come to...more

Internal Investigations: Doing One Can Be A Compliance Best Practice

The US Navy contract scandal took an interesting twist recently when one of its contractors, Inchcape Shipping Services, which had been suspended from doing business with the Navy for “conduct indicating questionable business...more

Complicating The Duties Of In-House Counsel

A recent case seems to complicate the duties of counsel representing an employer where an employee is a witness in the case. A blue collar employee was seriously injured at work. Another blue collar employee was the...more

The Importance Of An Effective Internal Investigation Process

Companies struggle to put in place an effective program for conducting internal investigations and meting out discipline. One of the first questions which internal stakeholders struggle with is who is responsible for the...more

Investigations By Human Resources Professionals: The 10 Pitfalls To Avoid

As an employment law attorney, I regularly advise employers on personnel issues, including the conduct of internal investigations into employee complaints....more

Planning For When Things Go Wrong: Are You Ready To Investigate Allegations Of Board Member Misconduct?

Let us start our discussion with an area of broad consensus: A company’s board of directors has a duty of care to respond to and investigate allegations of wrongdoing by officers and/or employees of the company. But what...more

Department Of Labor To Increase Frequency Of FMLA On-Site Investigations

For employers who have been involved in an FMLA investigation conducted by the U.S. Department of Labor, the process can be a bit of a head-scratcher because no two investigations look the same....more

Union Asks Court To Initiate Safety Prosecution Against Employer

A union has taken the unusual step of asking the Federal Court to order the federal Minister of Labour to prosecute a company for alleged safety violations....more

Be A Super Sleuth: Laying the Framework for Effective Workplace Investigations

Workplace investigations have become more important for reasons of productivity, personnel management, and litigation avoidance. Moreover, the range of matters that are the subject of investigations has become broader, and...more

Shhhhh! There is an Employee Misconduct Investigation Going On!

An employer hires an outside investigator to examine allegations of employee misconduct. Is the employer required to obtain permission from the employee who is the subject of the investigation? The Federal Trade Commission...more

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