When workplace misconduct, whistleblowing or harassment is at issue, employers commonly turn to outside investigators to help ensure an unbiased investigation that will withstand challenge in future litigation. Engaging an investigator who is an attorney helps ensure that the investigation
Latest from Corporate Governance & Internal Investigations Advisor
Is Your Board Cyber-Ready? Leadership Steps to Support Corporate Cybersecurity
The growing concern around cyberthreats for companies across the nation is reflected in the increasingly crowded legislative landscape that provides guidance to organizations, employers, employees, consumers, and investors. As part of that landscape, enterprises — both public and private —
Pennsylvania Appellate Court Affirms Summary Judgment in Whistleblower Case
Whistleblower claims of all types generally require proof of three elements; a complaint of conduct believed to be unlawful (protected activity), some form of discipline (an adverse action), and proof that the adverse action was motivated by the protected activity
Forensic Review During Investigations: Have You Considered The NLRA?
NLRB General Counsel Jennifer Abruzzo is pressing for stricter enforcement against the use of workplace technologies to monitor employees. As a result, employers should consider the National Labor Relations Act (the “Act”) when conducting forensic reviews of employee emails and
New Law Rewarding Whistleblowers May Lead to Substantial Increase in Whistleblower Claims
In late December 2022, in conjunction with an omnibus spending bill, Congress passed the Anti-Money Laundering Whistleblower Improvement Act, which President Biden signed into law on December 29, 2022. This law permits whistleblowers to receive 10% to 30% of
CAUTION ADVISED FOR LANGUAGE IN EMPLOYMENT SETTLEMENT AND SEVERANCE AGREEMENTS
Over the years, the Securities and Exchange Commission has taken aim at common language in settlement and severance agreements regarding nondisclosure and confidentiality. It has been relatively commonplace for such agreements to include language that requires, for example, the settling
Practical Guidance to Mitigate Risks to Employers of “Bad Actors” Who Engage in Retaliatory Acts
The Biden Administration recently announced increased coordination between EEOC, the US DOL and the NLRB to strengthen an intra-agency approach focused on combatting unlawful workplace retaliation. The approach will raise awareness and engage not only workers and the public, but
The “S” in ESG: Tying Compensation To DEI Goals
As companies plan and strategize about next steps regarding the “S” of ESG, i.e., Social initiatives, we are often asked about best practices in promoting Diversity, Equity, and Inclusion (DEI) goals in the workplace. Companies increasingly are seeking to tie
To Be (Discoverable), or Not to Be: Notetaking During an Attorney’s Internal Investigation
Introduction
Picture this: you are on-site at a new client’s headquarters for a weeklong hostile work environment investigation into several internal complaints made against the CEO and CFO. This is the first engagement for the client so you want to
Seventh Circuit Affirms Summary Judgment Ruling Against Illinois Employee Who Refused to Participate in Sale of Product Banned in New York
A recent Seventh Circuit decision interpreting Illinois law affirmed the district court’s ruling that an employee’s refusal to engage in activity illegal in New York, but not in Illinois, was neither protected under the Illinois Whistleblower Act (“IWA”) nor under