News & Analysis as of

Appellate Federal Court Overturns District Court Ruling; Federal Government Contractor Must Disclose Internal Investigation...

In our current Williams Mullen Construction Industry News, the article titled “Federal Contractors” discussed a ruling on March 6, 2014 by the U.S. District Court for the District of Columbia ordering a federal government...more

A Recent D.C. Circuit Court of Appeals Decision Calms Employer Fears that Internal Investigations May Not Be Privileged and Lays...

A recent decision from the D.C. Circuit Court of Appeals, one of the most important courts in the nation, reaffirmed that a company’s internal investigations—if structured properly—are protected from disclosure in litigation...more

D.C. Circuit grants petition for mandamus and strongly reaffirms attorney-client privilege for internal investigations

The attorney-client privilege has long protected attorney-client communications made during the course of an internal investigation. Upjohn Co. v. United States, 449 U.S. 383 (1983). Of course, the privilege encourages “full...more

D.C. Circuit Court Upholds Attorney-Client Privilege in Internal Investigations

Internal investigations play a lead role in a company’s effective ethics and compliance program. They are one of the best ways for a company to detect, thoroughly understand, and remedy situations that may violate its code...more

Keep Calm and Investigate: Top 10 Tips for Documenting Accidents at Your Business

An effective and thorough investigation is the first line of defense in any premises liability case. When a guest reports an accident, it is important to gather as much information as possible. Employees move on and memories...more

Privilege Upheld for Internal Investigation Preceding False Claims Act Litigation

The D.C. Circuit recently issued an important decision upholding the attorney-client privilege to protect corporate internal investigations. In re: Kellogg Brown & Root, No. 14-5055, 2014 BL 180217 (D.C. Cir. June 27, 2014). ...more

Protections Afforded to Internal Investigation Materials - D.C. Circuit Reaffirms Protections Afforded to Internal Investigation...

At least since the U.S. Supreme Court handed down its seminal 1981 decision in Upjohn Co. v. U.S., 449 U.S. 383 (1981), the conventional wisdom has been that companies can rest assured that materials prepared during internal...more

NLRB Continues to Throw Up Roadblocks for Internal Investigations

As we previously reported, the National Labor Relations Board has thrown down some pretty significant roadblocks for employers attempting to conduct thorough and actionable internal investigations. The Board continued those...more

FCPA Compliance and Ethics Report-Episode 64-Managing the Third Party Relationship Under the FCPA, Part II [Video]

In this episode I continue my review of the five steps of managing third parties under the FCPA. In this part II, I discuss steps 3-5....more

Three Practical Steps to Managing FCPA & Anti-Corruption Risks

Foreign Corrupt Practices Act (FCPA) enforcement continues to be a priority for the United States Department of Justice (DOJ) and Securities and Exchange Commission (SEC). In recent years, U.S. authorities have aggressively...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 11: Workplace Investigations and the Good...

Allegations of employee misconduct – particularly as they relate to claims of discrimination and harassment – have been raised in the workplace ever since the Civil Rights Act was passed. But human resource executives were...more

On The Oregon Trail And Expectations In An Investigation Protocol

On this day in 1843, a massive wagon train, made up of 1,000 settlers and 1,000 head of cattle, set off down the Oregon Trail from Independence, Missouri. Known as the “Great Emigration,” the expedition came two years after...more

Undermining An Internal Investigation: Lack Of Impartial Investigator

As anyone in the compliance field knows, one of the cardinal rules of internal investigations is impartiality. The people conducting an internal investigation need to be independent, not beholden to anyone involved in the...more

Recent Decision Underscores Need for Involvement of Counsel in Internal Investigations

A recent federal court decision raises concerns about the ability of companies to maintain privilege over materials generated in connection with internal investigations. The case, United States ex rel. Barko v. Halliburton...more

Maintaining The Attorney-Client And Work-Product Privileges In An Internal Investigation

Internal investigations conducted without outside counsel risk not being protected by the attorney-client or work-product privileges. On March 6, 2014, the District Court for the District of Columbia ordered production of...more

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

26 Results
|
View per page
Page: of 2