News & Analysis as of

Internal Investigations

Tribute to Keith Jackson and Breakthrough Strategies in Compliance

by Thomas Fox on

Keith Jackson died last week. He was universally recognized as the Voice of College Football and announced college football games for over 40 years. According to his obituary in the New York Times (NYT), Robert A. Iger, the...more

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

by Bryan Cave 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

Investigating Sexual Assault in the Workplace—A Cautionary Tale

by Bennett Jones LLP on

Sexual harassment in the workplace continues to be a top legal risk for employers, especially in the context of the #metoo movement. Employers have a duty to investigate and promptly deal with allegations of harassment in the...more

How to Maneuver Through #MeToo and Sexual Harassment in the Workplace

Sexual harassment has become more highly scrutinized in recent months and with the #MeToo movement, we expect this issue to be more prevalent going forward. Below we have outlined some best practices to help companies put...more

Title IX and Defamation: An Emerging Challenge Facing Higher-Education Institutions

by Littler on

There is currently a national focus on gender-based harassment. College campuses are no different. Even with the changes to Title IX guidance in the past months, eliminating sexual harassment and assault on campuses remains a...more

New Year And New Legal Considerations: A Careful Review Of Corporate Document Retention Policies Should Be A Part Of Your New...

by Seyfarth Shaw LLP on

There are many competing business and legal considerations that can shape corporate record retention policies. Federal and state governments have enacted statutes, and agencies have issued myriad regulations that require...more

Federal Court Finds “Oral Downloads” to SEC Waived Attorney Work Product Protection

by Dechert LLP on

U.S. Magistrate Judge Jonathan Goodman, in the Southern District of Florida, ruled last month that outside counsel’s “oral downloads” of internal investigation findings to the Staff of the Securities and Exchange Commission...more

Should You Look Outside Your Organization To Investigate A Sexual Harassment Complaint?

A recent article in The New York Times questioned the propriety and effectiveness of a sexual harassment investigation conducted by a company’s Human Resources Department. The article noted the “inherent conflict of...more

5 Steps to Prepare Your Company for Workplace Harassment Complaints

The issue of sexual harassment has captured nationwide headlines as women and men have come forward to report sexual harassment by high profile public figures. Media attention to these events may lead to an increase in the...more

Common Mistakes Employers Make in Handling Complaints of Sexual Harassment

Other parts of this series have covered the proper affirmative steps to take to prepare for, investigate and respond to charges of sexual harassment. It is equally important to address the opposite set of concerns. What is it...more

7 Tips for Conducting Sexual Harassment Investigations in the Workplace

The drumbeat of press reports about sexual harassment in the workplace over the last few months has increased awareness among employees that workplace harassment is illegal and actionable, leading employers to brace for an...more

5 Steps Toward a Workplace Without Sexual Misconduct

by 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

The Stale Harassment Complaint: Coal In Your Stocking?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The natural inclination is to ignore attempts to dredge up claims of harassment that happened long ago. But no harassment claim is too old to investigate. Having strong anti-harassment policies and...more

Will the NLRB Let Employers Go Back To Conducting Confidential Investigations In The Workplace?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

Top 10 Topics for Directors in 2018

EXECUTIVE SUMMARY - 1. Cybersecurity threats. Cybersecurity preparedness is essential in 2018 as the risk of, and associated adverse impact of, breaches continue to rise. The past year redefined the upward bounds of the...more

Star Wars Week: Part II – The Empire Strikes Back – Due Diligence

by Thomas Fox on

I break due diligence down into three stages: Level I, Level II and Level III. Candice Tal, Founder and Chief Executive Officer (CEO) of Infortal Worldwide, in an article entitled “Deep Level Due Diligence: What You Need to...more

What now? 5 steps to take if your probe doesn’t corroborate harassment allegations

by FordHarrison on

The avalanche of complaints emboldened by the #metoo movement shows no sign of relenting, and many caught in its cross-hairs have been unceremoniously fired or forced to resign based on allegations of harassment. Of course,...more

What Multinational Companies in Argentina Need to Know About Anti-Corruption Now

by Kobre & Kim on

Underscored by the recent contentious presidential and congressional elections, during which corruption was — as it is throughout the region — a hot-button issue, anti-corruption enforcement in Argentina is on the rise....more

Time for employers to up their game for preventing workplace harassment

by McAfee & Taft on

Franken. Lauer. Spacey. Weinstein. Moore. And others. There is no question that in 2018 all employers will be facing growing harassment challenges. That means now is a critical time to assess the effectiveness of your policy,...more

Corporate Law & Governance Update - December 2017

by McDermott Will & Emery on

Unprecedented 2018 Board Challenges - The health system board should be prepared to address an extraordinary number of significant, enterprise-level challenges that are expected to arise in 2018. These challenges will...more

Matt Lauer, Charlie Rose, Harvey Weinstein, Bill O’Reilly, Who’s Next?—Are you prepared for harassment allegations in your...

by Ruder Ware on

Sexual harassment in the workplace is not new. However, the rash of recent cases reported in Hollywood, Corporate America, and our Federal Government are shining a new spotlight on the issue. As an employer in Wisconsin,...more

SEC Cooperation Leads to Waiver of Privilege

On December 5, 2017, a Florida federal magistrate judge ordered a law firm to turn over interview notes and memoranda from an internal investigation, finding that any applicable privilege had been waived when attorneys gave...more

Are You At Risk of Accounting Fraud?

Nearly a decade after the financial crisis and almost eight years after passage of the Dodd-Frank Act, companies continue to grapple with how to prevent corporate fraud and respond when it happens....more

#MeToo: How Do Companies Avoid Being Next?

by Miles & Stockbridge P.C. on

Bill O'Reilly. Harvey Weinstein. Kevin Spacey. Charlie Rose. Matt Lauer. It seems that every day the news covers one more explosive incident of sexual harassment in the workplace, with many allegations indicating that the...more

More Compliance Lessons from Wells Fargo-FOREX Trades

by Thomas Fox on

At some point, you must ask just how corrupt is an organization? What does the tone from top which says to make your numbers at all cost, translate to in operationalization? Unfortunately, we have seen yet another dramatic...more

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