Guideposts for Successful Internal Investigations: Part 2 – Commencing and Concluding the InvestigationPart 1 of this two-part series explored the five steps to consider before and at the start of any internal investigation. The next five steps focus on conducting and concluding the investigation and will help guide a company during the actual investigation, after establishing its framework. Gather Information. The investigator should: (a) assess the complaint...… Continue ReadingFebruary 28, 2019 |
Guideposts for Successful Internal Investigations: Part 1 – Establishing an Investigation’s FrameworkThe ability to effectively conduct internal investigations is essential to any business. From fiscal year 2014 to fiscal year 2018, the number of whistleblower retaliation complaints filed with OSHA has increased by 29 percent. Between 2007 and 2017, retaliation claims filed with the EEOC nearly doubled. In fiscal years 2017 and 2018, the Justice Department...… Continue ReadingFebruary 27, 2019 |
The Waiting Is the Hardest Part: Staff Decreases, Whistleblower Claim Increases Strain OSHAA February 20, 2019 article from Bloomberg Law provides statistics to explain the significant delays experienced by litigators and attorneys alike in Occupational Safety and Health Administration’s investigation of whistleblower claims A substantial increase in the number of whistleblower complaints filed with OSHA over the past five years and a contemporaneous decrease in the number...… Continue ReadingFebruary 25, 2019 |
A Look Back at Key Corporate Governance and Internal Investigations Issues in 20182018 was a transformative year for corporate governance. Record whistleblower awards, an increasing number internal investigations partly arising out of the #MeToo movement, an expansion of the role of companies’ boards, and corporate social responsibility all shaped 2018. This is our retrospective review of these trends. Record Whistleblower Tips and Awards and Possible Changes Companies...… Continue ReadingFebruary 13, 2019 |
Tenth Circuit Rules that False Claims Act (FCA) Does Not Cover Post-Employment RetaliationIn a win for employers, the Tenth Circuit Court of Appeals recently held that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left employment.” Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov. 6, 2018) (emphasis added). Background Debbi Potts, a...… Continue ReadingNovember 13, 2018 |
California Law Pushes Virtue of Diversity Requiring Females on Boards of DirectorsCalifornia Governor Jerry Brown recently signed Senate Bill 826 into law which requires publicly-held corporations with principal executive offices in California to have a certain number of females on their boards of directors. The new law sets forth phased requirements for these corporations. By the end of 2019, each covered company must have at least...… Continue ReadingOctober 4, 2018 |
Dallas Mavericks Investigation Report Recommends Women in Leadership and Anonymous Workplace Climate Surveys to Combat Sexual HarassmentFollowing a February 2018 Sports Illustrated article regarding alleged sexual harassment and misconduct within Dallas Basketball Limited, the Dallas Mavericks basketball organization (“Mavericks”), the Mavericks commissioned an independent investigation into the claims. The investigators, comprised of two outside law firms, interviewed 215 witnesses and analyzed 1.6 million documents. The investigation report was publicly released on...… Continue ReadingSeptember 28, 2018 |
Effective Compliance Programs Require a Commitment from the TopWritten by Jessica L. Sussman, Joseph C. Toris and Summer Law Clerk Bridget Jeong We follow the leader wherever we go, and that applies to compliance, as well. While federal and state laws require organizations to adopt compliance programs, a low level of commitment to these compliance efforts from the highest levels of management can...… Continue ReadingJuly 12, 2018 |
Maritime Technician Exonerated in Theft of Trade Secret CaseFollowing a month-long trial in Hartford, Connecticut, before Chief U.S. District Judge Alvin Thompson, a jury returned a split verdict in a case charging two defendants with conspiracy and theft of trade secrets. The jury completely exonerated one of two defendants, Jay Williams, represented by Jackson Lewis, while returning guilty verdicts on certain counts against...… Continue ReadingJuly 10, 2018 |
Effective Compliance Starts at Home: Ensuring Your Company Learns of Issues Before Everyone Else DoesThe need for an effective compliance program to assist companies in preventing, detecting and, if necessary, promptly correcting issues before they become problems is nothing new. However, there is an increased focus by the government designed to induce employees to report suspected unlawful conduct by their employers to regulatory agencies. While this focus may benefit consumers...… Continue ReadingJune 26, 2018 |
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