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An Employer's Guide to Conducting Internal Investigations
Disgruntled employees raise issues every day, and every day employers respond by conducting some type of internal investigation. To warrant an immediate and thorough internal investigation, employee complaints need not be in writing or 'formally' made. The key ingredient in any investigation is preparation.
Be mindful that a complaint is not always the event that triggers a company's duty to investigate. The duty arises when an employer observes acts or statements that suggest prohibited activity. Prudent employers often investigate even without a clear legal mandate. An employee complaint can be about virtually any aspect of the employment relationship, but the most frequently raised concerns deal with harassment, discrimination, ethical violations and retaliation. Whatever the complaint, recent legal decisions have made certain that employers have an unequivocal duty to investigate promptly and thoroughly as soon as the employer is put on notice of possible wrongdoing. See Hardage v. CBS Broad, Inc, 427 F.3d 11 (2005).
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.