News & Analysis as of

Internal Investigations

Microsoft: Supreme Court Decision on Jurisdiction over Foreign-Located Communications Anticipated

by Cozen O'Connor on

On October 16, 2017, the Supreme Court granted certiorari in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). In taking the case for review, the Supreme Court has...more

Lawyers Can Be A Positive Force for Compliance

by Michael Volkov on

Lawyers get a bad rap, and I am not just referring to all the lawyer jokes we have heard numerous times. Lawyers get a bad rap when it comes to compliance. Much of it is not deserved – but candidly, some of it is deserved....more

The Importance of A Robust Conflicts of Interest Program

by Michael Volkov on

It is always interesting to learn how companies handle specific compliance issues. Years ago, I could always tell when a compliance department was lacking in stature and independence in a company. Typically, I observed three...more

Farewell to The Hawk – Fair and Consistent Application of Discipline

by Thomas Fox on

In the Department of Justice’s (DOJ’s) Evaluation of Corporate Compliance Programs (Evaluation), Prong 8 Incentive and Disciplinary Measures it states: Incentive System – Consistent Application – Have the disciplinary actions...more

The FCPA Compliance Defense — Don’t Wish for It, You Just Might Get It

by Michael Volkov on

Sometimes a bad idea just will not die. Sometime commentators like to return to simplistic solutions that sound good on paper. These same commentators have failed to address the practical concerns that outweigh any possible...more

Cyberattacks Are the New Norm - How to respond and get insurance recovery for government investigations.

Takeaways - Companies that suffer cyberattacks can expect not sympathy but scrutiny from legal authorities. - D&O insurance can cover not only litigation but also investigation costs. - Strategic negotiation of...more

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

Decision of the German Constitutional Court on attorney-client privilege in internal investigations to be expected

by DLA Piper on

The current legislation and jurisprudence regarding information and documents derived from internal investigations is ambiguous. The German Constitutional Court now has to decide on the seizure of documents from an internal...more

A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

by Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Practicing Compliance

by Thomas Fox on

It has certainly been a week for the ages in Houston, most of Texas and all along the Gulf Coast as Hurricane Harvey has wrecked a level of havoc not scene in that large a swath for many a moon, if ever. Ending this...more

Is the single end-to-end e-discovery platform a unicorn? Not according to this legal team!

by Exterro, Inc. on

In the e-discovery world, common knowledge says that a true end-to-end in-house process/single software solution doesn’t exist. But Linda Luperchio, Director of Information Lifecycle Governance and E-Discovery at Hanover,...more

Avoiding Management Struggles When it Comes to Data Breaches: Part 6

by Bryan Cave on

The best way for a company to handle a data breach is to be prepared. As we discuss in our data breach readiness handbook, preparation includes, among other things, drafting an incident response plan, reviewing...more

Going Rogue: Circumventing Your Company’s Internal Investigation Process to Identify a Whistleblower Will Cost You

The CEO of Barclays risks losing his 1.6 million-dollar bonus for launching his own personal investigation to identify the company whistleblower who wrote two anonymous letters about his colleague to the Barclays’s Board of...more

Got Privilege? When It Comes to Internal Investigations, Think Again …

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision out of the U.S. District Court for the District of Columbia serves as a helpful reminder on the difficulties of maintaining privilege during internal company investigations. But with a...more

A Chief Compliance Officer's Guide to Investigations

by Thomas Fox on

Tom Fox in conversation with Jonathan Marks, who has laid out a concrete way for CCOs and c-level executives to think through how to plan an investigation, staff it properly and meet the inevitable challenges. ...more

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

Avoiding Management Struggles When it Comes to Data Breaches: Part 3

by Bryan Cave on

The best way for a company to handle a data breach is to be prepared. As we discuss in our data breach readiness handbook, preparation includes, among other things, drafting an incident response plan, reviewing...more

Does Disclosure Of Results Of Internal Investigation Constitute Subject Matter Waiver?

by Allen Matkins on

Last Friday, I wrote about one of the docketed appeals in Wynn Resorts, Limited v. Eight Jud. Dist. Ct., 41 Nev. Adv. Op. 52 (2017). Today’s post concerns the other docketed appeal in that case. This appeal addressed...more

Cross Border Investigations Update - July 2017

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including the new Criminal Finances Act 2017, increased regulatory scrutiny of Chinese companies...more

Cadwalader Loses Work Product and Privilege Claims for 51 Internal Investigation Witness Interview Memoranda: Part II

by McGuireWoods LLP on

Last week's Privilege Point explained that Cadwalader Wickersham & Taft's client Washington Metropolitan Transit Authority (WMATA) lost a work product claim for 51 witness interviews the firm prepared during its internal...more

Private Equity and Privilege: Why Recent Legal Developments Matter to Buyout Firms

by Latham & Watkins LLP on

Legal professional privilege allows clients to share information with lawyers, knowing it need not be revealed in court. Privilege extends to legal advice generally, and to documents prepared in contemplation of litigation. ...more

Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

by Bennett Jones LLP on

The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more

Should You Record Internal Investigation Interviews?

by Michael Volkov on

As a former federal prosecutor, I noticed a renewed discussion of the important question of whether witness interviews should be recorded (either audio or video). I have always found this issue to be interesting and have...more

Cadwalader Loses Work Product and Privilege Claims for 51 Internal Investigation Witness Interview Memoranda: Part I

by McGuireWoods LLP on

Cadwalader Wickersham & Taft lawyers conducted an internal corporate investigation into allegations of self-dealing at Washington Metropolitan Area Transit Authority (WMATA). When a private plaintiff sued WMATA and several...more

Alberta's Highest Court Clarifies OHS Law: Privilege Must Be Proven

by Field Law on

With its decision this week in Alberta v. Suncor Energy Inc, 2017 ABCA 221, the Alberta Court of Appeal has considered and clarified the application of solicitor-client privilege and litigation privilege to incidents under...more

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Cybersecurity

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